[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Rules and Regulations]
[Pages 27065-27067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9213]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 070418089-7089-01; I.D. 040507G]
RIN 0648-AV49
Fisheries in the Western Pacific; Bottomfish and Seamount
Groundfish Fisheries; Closed Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; request for comments.
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SUMMARY: This interim rule closes Federal waters in the main Hawaiian
Islands to commercial and recreational fishing for seven deepwater
bottomfish species during May 15 through September 30, 2007. This
action is intended to immediately address overfishing for these species
in the Hawaiian Archipelago while a long-term management program is
developed for the bottomfish multi-species complex.
DATES: Effective 12:01 a.m. (0001 hrs) Hawaii-Aleutian Standard Time
(HST) on May 15, 2007, until 11:59 p.m. (2359 hrs) HST on September 30,
2007. Comments must be received on or before June 13, 2007.
ADDRESSES: You may submit comments, identified by ``0648-AV49'' by any
of the following methods:
E-mail: [email protected]. Include ``AV49'' in the
subject line of the message. Comments sent via e-mail, including all
attachments, must not exceed a file size of 10 megabytes.
Federal e-Rulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Mail: William L. Robinson, Regional Administrator, NMFS
Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI
96814.
In accordance with NEPA, an Environmental Assessment (EA) was
prepared for this interim action, and is available from William L.
Robinson (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.
SUPPLEMENTARY INFORMATION:
Electronic Access
This interim rule is accessible via the World Wide Web at the
Office of the Federal Register's web site www.gpoaccess.gov/fr/index.html.
Background
Bottomfish in Hawaii are managed according to the Fishery
Management Plan for Bottomfish and Seamount Groundfish in the Western
Pacific Region (Bottomfish FMP), which was 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 (Magnuson-Stevens Act). Hawaii bottomfish are managed as
a single archipelagic-wide multi-species stock complex (bottomfish
complex). The bottomfish complex comprises certain deep-slope snappers,
groupers, and jacks. Fisheries and management programs for Hawaiian
bottomfish occur in two large geographic areas, the Northwestern
Hawaiian Islands (NWHI) and the main Hawaiian Islands (MHI).
Pursuant to Presidential Proclamation 8031 (June 15, 2006),
commercial fishing in the area of the NWHI that is encompassed by the
Papah naumoku kea Marine National Monument is limited to the eight
valid Federal bottomfish permits effective on June 15, 2006. Bottomfish
landings under these permits are limited to 350,000 lb (158,757 kg)
annually, and may continue until June 15, 2011. Regulations codifying
the terms of the Proclamation are found at 50 CFR 400.10. Regulations
governing bottomfish fishing by U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600 and subpart E of 50 CFR part
665.
NMFS, on behalf of the Secretary of Commerce, determined that
overfishing was occurring on the bottomfish complex around the Hawaiian
Archipelago, with the primary problem being excess fishing effort in
the MHI. On May 27, 2005, NMFS requested the Council to take
appropriate action to end overfishing (70 FR 34452, June 14, 2005).
About 300 commercial vessels participate in the MHI bottomfish
fishery, and recreational vessels are estimated at over 1,000.
Fishermen use hooks and lines to target bottomfish over deep bottom
slopes. Fishing trips are usually a day or less, and most fishermen
participate in both bottomfish and pelagic (e.g., troll) fisheries.
Except for a few full-time commercial bottomfish fishermen, most fish
for bottomfish no more than 60 days a year. Many fishermen who fish for
recreation also sell part of their catch to offset fishing expenses,
making the distinction between recreational and commercial activities
difficult. The total 2003 ex-vessel revenue from commercial bottomfish
fishing in the MHI was an estimated $1,460,000 for landings of 273,000
lb (123,831 kg). Data from the MHI commercial fishery are collected
through the State of Hawaii commercial fishing report program. There is
no data reporting requirement for recreational fishing; recreational
data are collected through surveys.
Based on 2003 data, NMFS had estimated that fishing mortality
needed to be decreased by 15 percent from 2003 levels in the MHI to end
overfishing in the Hawaiian Archipelago. Accordingly, the Council began
preparation of an amendment to the Bottomfish FMP that would have
proposed prohibiting recreational and commercial fishermen from fishing
for seven deep-water bottomfish management unit species in Federal
waters of Hawaii's Penguin Bank and Middle Bank. Historically, those
areas represented 16-20 percent of MHI bottomfish landings, and would
have ended the overfishing. The deep-water species are onaga Etelis
coruscans, ehu E. carbunculus, gindai Pristipomoides zonatus, kalekale
P. sieboldii, opakapaka P. filamentosus,
[[Page 27066]]
lehi Aphareus rutilans, and hapu[acute]upu[acute]u (also hapu[acute]u)
Epinephelus quernus.
In September 2006, NMFS updated the status of stocks using 2004
data, and concluded that overfishing was still occurring, but that
fishing effort in the MHI would have to be reduced by 24 percent from
the 2004 level (greater than the 15 percent as targeted in the
amendment being development) to bring archipelago-wide fishing
mortality down to the maximum fishing mortality threshold. Although the
Council had initially developed an FMP amendment to close Penguin and
Middle Banks to bottomfish fishing, those management measures would be
insufficient to reduce fishing effort by the required 24 percent.
To immediately reduce fishing mortality while long-term management
measures are developed, the Council requested at its 137th meeting in
Honolulu, Hawaii, on March 15, 2007, that NMFS implement this interim
rule to close all Federal waters around the MHI to commercial and
recreational bottomfish fishing for the seven deep-water bottomfish
management unit species during May through September 2007. This time
period will maximize protection for bottomfish during their spawning
season and minimize social and economic impacts to fishery
participants, as other fishing opportunities are available during the
summer, e.g., trolling for pelagic fishes. The closed season applies
only in the MHI and will not affect importation of bottomfish into
Hawaii.
This interim action is intended to immediately reduce fishing
mortality in the short term, and provide a sufficient time period for
the Council to develop an FMP amendment containing management measures
designed to prevent overfishing in the long term. The effectiveness of
this interim action would be enhanced by a complementary closure of
State waters by the State of Hawaii, as collaborative Federal and State
actions would facilitate the immediate cessation of fishing mortality
in both Federal and State waters on the bottomfish stock complex that
is experiencing overfishing.
During the interim closed season from May through September 2007,
Council and NMFS staffs will develop the management measures to be
proposed in an FMP amendment. Such measures may include, but are not
limited to, additional seasonal closures; a Total Allowable Catch (TAC)
based on a reducing fishing mortality by 24 percent, the value from the
most recent stock assessment, with a TAC mechanism that responds to
necessary mortality reductions identified in future assessments; and a
new Federal permit and data collection program for recreational
bottomfish fishing. The revised recommendations are anticipated to be
finalized by Council action in June 2007.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the requirement to provide prior notice
and opportunity for public comment pursuant to the authority set forth
at 5 U.S.C. 553(b)(B), as this requirement is impracticable and
contrary to the public interest. The Council previously took action to
prepare a plan amendment to address the overfishing by reducing fishing
effort by 15 percent. Before that amendment could be implemented,
however, updated information indicated that effort must be reduced by
24 percent from 2004 effort levels. To respond to the new information,
the Council must prepare a revised FMP amendment. In the meantime, no
action has been taken to reduce fishing effort, and overfishing on
bottomfish continues. There is a need to implement the seasonal closure
immediately so that overfishing of the bottomfish stock complex can be
addressed, and adverse impacts to public fishery resources can be
reduced as soon as possible. These same reasons constitute good cause
under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date of this action.
This interim rule has been determined to be not significant for
purposes of Executive Order 12866.
A regulatory flexibility analysis has not been prepared for this
interim rule pursuant to the Regulatory Flexibility Act because NMFS is
not required by section 553 of Title 5 of the United States Code, or
any other law, to publish a general notice of proposed rulemaking for
this rule.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: May 9, 2007
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
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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 reads as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.62, add new paragraphs (j) and (k) to read as follows:
Sec. 665.62 Prohibitions.
* * * * *
(j) Fish for or possess any Hawaii Prohibited Bottomfish Management
Unit Species, as specified in Sec. 665.71, in the Main Hawaiian
Islands Management Subarea during a closed season in violation of Sec.
665.72(a).
(k) Sell or offer for sale any Hawaii Prohibited Bottomfish
Management Unit Species, as specified in Sec. 665.71, in violation of
Sec. 665.72(a) or (b).
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3. Under subpart E, add a new Sec. 665.71 to read as follows:
Sec. 665.71 Hawaii Prohibited Bottomfish Management Unit Species.
Hawaii Prohibited Bottomfish Management Unit Species means the
following species:
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Common name Local Name Scientific Name
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Silver jaw jobfish Lehi.............................. Aphareus rutilans
Squirrelfish snapper Ehu............................... Etelis carbunculus
Longtail snapper Onaga............................. Etelis coruscans
Pink snapper Opakapaka......................... Pristipomoides filamentosus
Snapper Kalekale.......................... Pristipomoides sieboldii
Snapper Gindai............................ Pristipomoides zonatus
Sea bass Hapu[revaps]upu[revaps]u.......... Epinephelus quernus
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[[Page 27067]]
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4. Under subpart E, add a new Sec. 665.72 to read as follows:
Sec. 665.72 Closed seasons.
(a) All fishing for, or possession of, any Hawaii Prohibited
Bottomfish Management Unit Species, as specified in Sec. 665.71, is
prohibited in the Main Hawaiian Islands Management Subarea during May
15, 2007, through September 30, 2007, inclusive. All such species
possessed in the Main Hawaiian Islands Management Subarea are presumed
to have been taken and retained from that subarea, unless otherwise
demonstrated by the person in possession of those species.
(b) Hawaii Prohibited Bottomfish Management Unit Species, as
specified in Sec. 665.71, may not be sold or offered for sale during
May 15, 2007, through September 30, 2007, inclusive, except as
otherwise authorized by law.
[FR Doc. E7-9213 Filed 5-11-07; 8:45 am]
BILLING CODE 3510-22-S