Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish; Measures To Rebuild Overfished Armorhead at Hancock Seamounts, 69015-69016 [2010-28413]
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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest. This
action reduces the trip limit for herring
in Area 1A to 2,000 lb (907.2 kg) until
January 1, 2011, under current
regulations. Regulations at § 648.201(a)
require such an action to ensure that
herring catch does not exceed the 2010
Area 1A TAC. The herring fishery
opened for the 2010 fishing year at 0001
hours on January 1, 2010. Data
indicating the herring fleet will have
harvested at least 95 percent of the 2010
Management Area 1A TAC have only
recently become available. If
implementation of this trip limit
reduction is delayed to solicit prior
public comment, the 2010 TAC for the
management area will be exceeded,
thereby undermining the conservation
objectives of the herring fishery
management plan. The AA further finds,
pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30 day delayed
effectiveness period for the reasons
stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 4, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–28321 Filed 11–5–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 100618274–0543–03]
RIN 0648–AY92
Fisheries in the Western Pacific;
Hawaii Bottomfish and Seamount
Groundfish; Measures To Rebuild
Overfished Armorhead at Hancock
Seamounts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
erowe on DSK5CLS3C1PROD with RULES
AGENCY:
This final rule prohibits
fishing for bottomfish and seamount
groundfish at the Hancock Seamounts
SUMMARY:
VerDate Mar<15>2010
14:24 Nov 09, 2010
Jkt 223001
until the overfished U.S. stock of pelagic
armorhead (Pseudopentaceros wheeleri)
is rebuilt, and classifies the area around
the Hancock Seamounts as an ecosystem
management area. This rule is intended
to rebuild the armorhead stock and
facilitate research on armorhead and
other seamount groundfish.
DATES: This rule is effective December
10, 2010.
ADDRESSES: Amendment 2 to the
Fishery Ecosystem Plan for the
Hawaiian Archipelago (FEP) describes
the background and details of this
action. Amendment 2 also contains an
environmental assessment and is
available from https://
www.regulations.gov, or the Western
Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, tel 808–522–8220,
fax 808–522–8226, or https://
www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, Sustainable Fisheries,
NMFS Pacific Islands Region, 808–944–
2108.
SUPPLEMENTARY INFORMATION:
Armorhead are overfished because of
over-exploitation by foreign vessels in
international waters dating back to the
1980s, and probably earlier. Although
there has never been a U.S. fishery
targeting this fish, continued
exploitation outside the U.S. Exclusive
Economic Zone (EEZ) by foreign fleets
has kept the stock in an overfished
condition. The Hancock Seamounts are
the only known armorhead habitat
within the EEZ. These seamounts lie
west of 180 °W. and north of 28 °N. in
the Northwestern Hawaiian Islands.
The Council and NMFS previously
responded to the overfished condition
of armorhead with a series of four,
6-year domestic fishing moratoria at the
Hancock Seamounts, beginning in 1986.
The most recent 6-year moratorium
expired on August 31, 2010. This final
rule prohibits fishing for bottomfish and
seamount groundfish at the seamounts
until the armorhead stock is rebuilt, and
classifies the EEZ around the Hancock
Seamounts as an ecosystem
management area. This final rule will
aid in rebuilding the armorhead stock,
and will facilitate research on
armorhead and other seamount
groundfish.
Additional background information
on this final rule is found in the
preamble to the proposed rule
published on August 30, 2010 (75 FR
52921), and is not repeated here. The
public comment period for the proposed
rule ended on October 14, 2010. NMFS
did not receive any comments.
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
69015
Changes From the Proposed Rule
There no changes from the proposed
rule.
Classification
The Regional Administrator, Pacific
Islands Region, NMFS, determined that
this final rule is necessary for the
conservation and management of
Hawaii seamount and groundfish
fisheries, and that it is consistent with
the Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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.
List of Subjects in 50 CFR Part 665
Armorhead, Bottomfish, Fisheries,
Fishing, Hancock seamounts, Hawaii,
Seamount groundfish.
Dated: November 4, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 665 is amended
as follows:
■
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for part 665
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.202, revise paragraph (a)(3)
to read as follows:
■
§ 665.202
Management subareas.
(a) * * *
(3) Hancock Seamounts Ecosystem
Management Area means that portion of
the EEZ in the Northwestern Hawaiian
Islands west of 180 °W. long. and north
of 28 °N. lat.
*
*
*
*
*
■ 3. In § 665.204, add new paragraph (k)
to read as follows:
§ 665.204
Prohibitions.
*
*
E:\FR\FM\10NOR1.SGM
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10NOR1
*
*
69016
Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Rules and Regulations
(k) Fish for or possess any Hawaii
bottomfish or seamount groundfish
MUS in the Hancock Seamounts
Ecosystem Management Area, in
violation of § 665.209.
■
4. Revise § 665.209 to read as follows:
§ 665.209 Fishing moratorium at Hancock
Seamounts.
Fishing for, and possession of, Hawaii
bottomfish and seamount groundfish
MUS in the Hancock Seamounts
Ecosystem Management Area is
prohibited until the Regional
Administrator determines that the
armorhead stock is rebuilt.
[FR Doc. 2010–28413 Filed 11–9–10; 8:45 am]
Background
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 080228322–91377–02]
RIN 0648–AW24
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Observer
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues a final rule to
amend regulations implementing the
North Pacific Groundfish Observer
Program (Observer Program). This
action is necessary to improve the
operational efficiency of the Observer
Program, as well as to improve the
catch, bycatch, and biological data
collected by observers for conservation
and management of the North Pacific
groundfish fisheries, including those
data collected through scientific
research activities. The final rule is
intended to promote the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
and the Fishery Management Plan for
Groundfish of the Gulf of Alaska.
DATES: Effective December 10, 2010,
except the revision to the definition of
a fishing day in § 679.2, which is
effective on January 1, 2011.
ADDRESSES: Electronic copies of the
Regulatory Impact Review/Final
Regulatory Flexibility Analysis (RIR/
FRFA) prepared for this action may be
obtained from the NMFS Alaska Region
Web site at https://
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SUMMARY:
VerDate Mar<15>2010
14:24 Nov 09, 2010
Jkt 223001
alaskafisheries.noaa.gov. Written
comments regarding the burden-hour
estimates or other aspects of the
collection-of-information requirements
contained in this final rule may be
submitted by mail to NMFS, Alaska
Region, P.O. Box 21668, Juneau, AK
99802–1668, Attn: Ellen Sebastian,
Records Officer; in person at NMFS,
Alaska Region, 709 West 9th Street,
Room 420A, Juneau, AK; and by e-mail
to OIRA_Submission@omb.eop.gov or
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Brandee Gerke, 907–586–7228.
SUPPLEMENTARY INFORMATION:
NMFS manages the U.S. groundfish
fisheries in the Exclusive Economic
Zone of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
Gulf of Alaska (GOA) under the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area and the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (collectively, the FMPs),
respectively. The North Pacific Fishery
Management Council (Council)
prepared the FMPs pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). Regulations implementing the
FMPs appear at 50 CFR part 679.
General regulations that pertain to U.S.
fisheries appear at subpart H of 50 CFR
part 600.
The Observer Program provides the
administrative framework for observers
to obtain information necessary for the
conservation and management of the
groundfish fisheries managed under the
FMPs. Regulations implementing the
Groundfish Observer Program at
§ 679.50 require observer coverage
aboard catcher vessels, catcher/
processors, motherships, and shoreside
and stationary floating processors that
participate in the groundfish fisheries
off Alaska. These regulations also
establish vessel, processor, and observer
provider responsibilities relating to the
Observer Program.
This final rule amends regulations at
§ 679.2 and § 679.50 applicable to
observer providers, observers, and
industry participants required to obtain
observer services. The regulatory
amendments are organized under six
issues and will remove regulations that
are either unnecessary or impractical to
apply; revise regulations to allow
observer providers to provide observers
for exempted fishing permit-based and
scientific research permit-based
activities; add regulations to prohibit
activities that result in non-
PO 00000
Frm 00076
Fmt 4700
Sfmt 4700
representative fishing behavior from
counting toward an observer coverage
day; require observer providers to report
to NMFS information about the cost of
providing observers; and establish a
deadline when observer providers must
submit copies of their contracts to
NMFS, per the Council’s April 2008
motion. This action is necessary to
improve the operational efficiency of
the existing Observer Program, as well
as improve the catch, bycatch, and
biological data provided by observers
for conservation and management of the
North Pacific groundfish fisheries,
including data provided through
scientific research activities.
A detailed description of and
justification for this final rule was
presented in the preamble to the
proposed rule (74 FR 50155, September
30, 2009). A summary of the final rule
is presented below.
Issue 1: Observer Certification and
Observer Provider Permitting Process
This final rule clarifies NMFS’s
discretionary authority to either grant or
deny an initial observer certification or
observer provider permit by allowing
NMFS to consider additional needs and
objectives of the Observer Program and
other relevant factors when considering
whether to issue a new observer
provider permit or observer
certification. In addition, the appeal
process for unsuccessful observer
candidates and observer provider
applicants is removed from regulations.
There is no statutory entitlement to
receiving observer certification or an
observer provider permit; thus, the
granting or denial of observer
certifications and observer provider
permits are discretionary agency
actions. In addition, the existing appeals
process has rarely been invoked and
requires substantial agency resources to
fulfill. These actions will increase
NMFS’s efficiency in granting or
denying certifications and permits.
NMFS reiterates that this action does
not affect the ability of observers and
observer providers to appeal any agency
decision to revoke or sanction a
certification or permit that already is
issued.
Issue 2: Observer Conduct
This final rule removes Federal
regulations that attempt to control
observer behavior related to activities
involving drugs, alcohol, and sexual
conduct. NMFS’s observer conduct
policies established in existing
regulations are impractical to apply and
unenforceable. Therefore, NMFS is
removing these regulations.
E:\FR\FM\10NOR1.SGM
10NOR1
]]>Agencies
[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Rules and Regulations]
[Pages 69015-69016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28413]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 100618274-0543-03]
RIN 0648-AY92
Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount
Groundfish; Measures To Rebuild Overfished Armorhead at Hancock
Seamounts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule prohibits fishing for bottomfish and seamount
groundfish at the Hancock Seamounts until the overfished U.S. stock of
pelagic armorhead (Pseudopentaceros wheeleri) is rebuilt, and
classifies the area around the Hancock Seamounts as an ecosystem
management area. This rule is intended to rebuild the armorhead stock
and facilitate research on armorhead and other seamount groundfish.
DATES: This rule is effective December 10, 2010.
ADDRESSES: Amendment 2 to the Fishery Ecosystem Plan for the Hawaiian
Archipelago (FEP) describes the background and details of this action.
Amendment 2 also contains an environmental assessment and is available
from https://www.regulations.gov, or the Western Pacific Fishery
Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI
96813, tel 808-522-8220, fax 808-522-8226, or https://www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries,
NMFS Pacific Islands Region, 808-944-2108.
SUPPLEMENTARY INFORMATION: Armorhead are overfished because of over-
exploitation by foreign vessels in international waters dating back to
the 1980s, and probably earlier. Although there has never been a U.S.
fishery targeting this fish, continued exploitation outside the U.S.
Exclusive Economic Zone (EEZ) by foreign fleets has kept the stock in
an overfished condition. The Hancock Seamounts are the only known
armorhead habitat within the EEZ. These seamounts lie west of 180
[deg]W. and north of 28 [deg]N. in the Northwestern Hawaiian Islands.
The Council and NMFS previously responded to the overfished
condition of armorhead with a series of four, 6-year domestic fishing
moratoria at the Hancock Seamounts, beginning in 1986. The most recent
6-year moratorium expired on August 31, 2010. This final rule prohibits
fishing for bottomfish and seamount groundfish at the seamounts until
the armorhead stock is rebuilt, and classifies the EEZ around the
Hancock Seamounts as an ecosystem management area. This final rule will
aid in rebuilding the armorhead stock, and will facilitate research on
armorhead and other seamount groundfish.
Additional background information on this final rule is found in
the preamble to the proposed rule published on August 30, 2010 (75 FR
52921), and is not repeated here. The public comment period for the
proposed rule ended on October 14, 2010. NMFS did not receive any
comments.
Changes From the Proposed Rule
There no changes from the proposed rule.
Classification
The Regional Administrator, Pacific Islands Region, NMFS,
determined that this final rule is necessary for the conservation and
management of Hawaii seamount and groundfish fisheries, and that it is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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.
List of Subjects in 50 CFR Part 665
Armorhead, Bottomfish, Fisheries, Fishing, Hancock seamounts,
Hawaii, Seamount groundfish.
Dated: November 4, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.202, revise paragraph (a)(3) to read as follows:
Sec. 665.202 Management subareas.
(a) * * *
(3) Hancock Seamounts Ecosystem Management Area means that portion
of the EEZ in the Northwestern Hawaiian Islands west of 180 [deg]W.
long. and north of 28 [deg]N. lat.
* * * * *
0
3. In Sec. 665.204, add new paragraph (k) to read as follows:
Sec. 665.204 Prohibitions.
* * * * *
[[Page 69016]]
(k) Fish for or possess any Hawaii bottomfish or seamount
groundfish MUS in the Hancock Seamounts Ecosystem Management Area, in
violation of Sec. 665.209.
0
4. Revise Sec. 665.209 to read as follows:
Sec. 665.209 Fishing moratorium at Hancock Seamounts.
Fishing for, and possession of, Hawaii bottomfish and seamount
groundfish MUS in the Hancock Seamounts Ecosystem Management Area is
prohibited until the Regional Administrator determines that the
armorhead stock is rebuilt.
[FR Doc. 2010-28413 Filed 11-9-10; 8:45 am]
BILLING CODE 3510-22-P
