Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification of Fishery Closures, 15222-15223 [2011-6580]

Download as PDF 15222 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. D. Regulatory Flexibility Act No notice of proposed rulemaking is required for this rule under the Administrative Procedure Act, 5 U.S.C. 553, so the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This rule will impose no costs on small entities because it simply delegates authority from one official to another. Therefore, I certify this final rule will not have a significant economic impact on a substantial number of small businesses. E. Paperwork Reduction Act This rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). List of Subjects in 49 CFR Part 1 Authority delegations (Government agencies), Organization and functions (Government agencies). For the reasons set forth in the preamble, the Office of the Secretary of Transportation amends 49 CFR part 1 as follows: PART 1—[AMENDED] 1. The authority citation for part 1 continues to read as follows: ■ Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– 159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. 597; Pub. L. 107–295, 116 Stat. 2064; Pub. L. 108–136, 117 Stat. 1392; Pub. L. 101–115, 103 Stat. 691; Pub. L. 108–293, 118 Stat. 1028; Pub. L. 109–364, 120 Stat. 2083; Pub. L. 110–140, 121 Stat. 1492; Pub. L. 110–432, 122 Stat. 4848. 2. In § 1.59, add paragraph (a)(7) to read as follows: ■ § 1.50 Delegations to the Assistant Secretary for Administration. erowe on DSK5CLS3C1PROD with RULES * * * * (a) * * * (7) Carry out the duties and responsibilities of the agency head for departmental fleet management, acquisition and replacement of vehicles pursuant to the Energy Independence and Security Act of 2007. * * * * * VerDate Mar<15>2010 12:38 Mar 18, 2011 Jkt 223001 [FR Doc. 2011–6519 Filed 3–18–11; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 101210611–1185–02] RIN 0648–BA58 Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification of Fishery Closures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: F. Unfunded Mandates Reform Act The Department of Transportation has determined that the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking. * Dated: February 28, 2011. Ray LaHood, Secretary of Transportation. This final rule changes the advance notification period for inseason closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish fishery from 14 to 7 days. The intent of the change is to enhance administration of the fishery. DATES: This final rule is effective April 20, 2011. ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian Archipelago 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, https://www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable Fisheries, 808–944–2108. SUPPLEMENTARY INFORMATION: The fishery for main Hawaiian Islands Deep 7 bottomfish is managed under a total allowable catch (TAC) limit. NMFS and the State of Hawaii monitor progress towards the TAC based on records of commercial bottomfish landings collected by the State. When bottomfish landings approach the TAC, NMFS, the State, and the Council determine the date the TAC is projected to be reached, and the commercial and noncommercial fisheries for Deep 7 bottomfish will be closed. Federal regulations at 50 CFR 665.211 require NMFS to notify fishermen and the public of the date when the fisheries will close through a notice in the Federal Register and other means. This final rule changes the minimum required advance notification period SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 from 14 to 7 days. The objective of this final rule is to enhance administration of the fishery by streamlining the advanced notification. Additional background information on this final rule is found in the preamble to the proposed rule published on February 14, 2011 (76 FR 8330). Briefly, reducing the advance notification period for a closure of the Deep 7 bottomfish fishery will allow NMFS to more accurately determine the closure date, while still providing fishermen with sufficient notice of the impending closure. The comment period for the proposed rule ended on March 1, 2011, and NMFS did not receive any comments. Changes From the Proposed Rule There are no changes from the proposed rule in this final rule. Classification The Administrator, Pacific Islands Region, NMFS, determined that this final rule is necessary for the conservation and management of the Hawaii bottomfish fishery, 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 Bottomfish, Fishing, Hawaii. Dated: March 15, 2011. John Oliver, Deputy Assistant Administrator For Operations, 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 § 665.211, revise paragraph (c) to read as follows: ■ E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations § 665.211 Total allowable catch (TAC) limit. * * * * (c) When the TAC limit specified in this section is projected to be reached based on analyses of available information, the Regional Administrator shall publish a notice to that effect in erowe on DSK5CLS3C1PROD with RULES * VerDate Mar<15>2010 12:38 Mar 18, 2011 Jkt 223001 the Federal Register and shall use other means to notify permit holders. The notice will include an advisement that the fishery will be closed beginning at a specified date, which is not earlier than 7 days after the date of filing the closure notice for public inspection at PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 15223 the Office of the Federal Register, until the end of the fishing year in which the TAC is reached. * * * * * [FR Doc. 2011–6580 Filed 3–18–11; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15222-15223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6580]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 101210611-1185-02]
RIN 0648-BA58


Hawaii Bottomfish and Seamount Groundfish Fisheries; Modification 
of Fishery Closures

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule changes the advance notification period for 
in-season closure of the main Hawaiian Islands (MHI) Deep-7 bottomfish 
fishery from 14 to 7 days. The intent of the change is to enhance 
administration of the fishery.

DATES: This final rule is effective April 20, 2011.

ADDRESSES: Copies of the Fishery Ecosystem Plan for the Hawaiian 
Archipelago 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, https://www.wpcouncil.org.

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

SUPPLEMENTARY INFORMATION: The fishery for main Hawaiian Islands Deep 7 
bottomfish is managed under a total allowable catch (TAC) limit. NMFS 
and the State of Hawaii monitor progress towards the TAC based on 
records of commercial bottomfish landings collected by the State. When 
bottomfish landings approach the TAC, NMFS, the State, and the Council 
determine the date the TAC is projected to be reached, and the 
commercial and non-commercial fisheries for Deep 7 bottomfish will be 
closed.
    Federal regulations at 50 CFR 665.211 require NMFS to notify 
fishermen and the public of the date when the fisheries will close 
through a notice in the Federal Register and other means. This final 
rule changes the minimum required advance notification period from 14 
to 7 days. The objective of this final rule is to enhance 
administration of the fishery by streamlining the advanced 
notification.
    Additional background information on this final rule is found in 
the preamble to the proposed rule published on February 14, 2011 (76 FR 
8330). Briefly, reducing the advance notification period for a closure 
of the Deep 7 bottomfish fishery will allow NMFS to more accurately 
determine the closure date, while still providing fishermen with 
sufficient notice of the impending closure. The comment period for the 
proposed rule ended on March 1, 2011, and NMFS did not receive any 
comments.

Changes From the Proposed Rule

    There are no changes from the proposed rule in this final rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this final rule is necessary for the conservation and management of the 
Hawaii bottomfish fishery, 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

    Bottomfish, Fishing, Hawaii.

    Dated: March 15, 2011.
John Oliver,
Deputy Assistant Administrator For Operations, 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

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.  665.211, revise paragraph (c) to read as follows:

[[Page 15223]]

Sec.  665.211  Total allowable catch (TAC) limit.

* * * * *
    (c) When the TAC limit specified in this section is projected to be 
reached based on analyses of available information, the Regional 
Administrator shall publish a notice to that effect in the Federal 
Register and shall use other means to notify permit holders. The notice 
will include an advisement that the fishery will be closed beginning at 
a specified date, which is not earlier than 7 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.
* * * * *
[FR Doc. 2011-6580 Filed 3-18-11; 8:45 am]
BILLING CODE 3510-22-P

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