60050 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules DEPARTMENT OF COMMERCE in the required name and organization The five Western Pacific FMPs, fields). Attachments to electronic previously developed by the Council, National Oceanic and Atmospheric comments will be accepted in Microsoft and approved and implemented by Administration Word or Excel, WordPerfect, or Adobe NMFS, provide the source and structure PDF file formats only. of the regulations at title 50 of the Code 15 CFR Part 902 Copies of the five current western of Federal Regulations, part 665 (50 CFR Pacific fishery management plans part 665). The FEPs establish 50 CFR Parts 223, 404, and 665 (FMPs) (Bottomfish and Seamount management regimes that consider the [Docket No. 071220872–91160–02] Groundfish FMP, Coral Reef Ecosystems unique ecosystems of each island group FMP, Crustaceans FMP, Pelagics FMP, or area in the western Pacific. RIN 0648–AU71 and Precious Corals FMP), the five new Accordingly, this proposed rule would FEPs (American Samoa, Hawaii, restructure existing regulations for Western Pacific Fisheries; Regulatory Mariana Archipelago, Pacific Remote efficient use by fishermen, government Restructuring Island Areas, and Western Pacific agencies, and the general public. No AGENCY: National Marine Fisheries Pelagics), and the Programmatic substantive changes would be made to Service (NMFS), National Oceanic and Environmental Impact Statement (PEIS) the regulations, but several definitions Atmospheric Administration (NOAA), that was prepared for the FEPs and would be added to reference the FEPs, Commerce. regulatory restructuring are available some sections would be redesignated and revised to reflect each geographic ACTION: Proposed rule; regulatory from the Western Pacific Fishery restructuring; request for comments. Management Council (Council), 1164 area, several errors would be corrected, Bishop St., Suite 1400, Honolulu, HI and administrative titles and telephone SUMMARY: This proposed rule would 96813, tel 808–522–8220, fax 808–522– numbers would be updated. restructure existing western Pacific 8226, or http://www.wpcouncil.org. In 1996, NMFS consolidated six parts fishery regulations. It would not make Written comments regarding the of the Code of Federal Regulations (CFR) substantive changes to existing burden-hour estimates or other aspects into one new CFR part (50 CFR part 660) regulations. The regulations would be of the collection-of-information (61 FR 34570, July 2, 1996). Among organized according to geographical requirements contained in this proposed other actions, that rule consolided areas, rather than target species as they rule may be submitted to William L. regulations that implemented fishery are now, in order to be consistent with Robinson, NMFS PIR, and by e-mail to conservation and management measures five new area-specific fishery ecosystem [email protected], or fax to for fisheries operating in the exclusive plans (FEP). This proposed rule would 202–395–7285. economic zone (EEZ) off the west coast also amend references to the Paperwork FOR FURTHER INFORMATION CONTACT: and in the western Pacific. The 1996 Reduction Act (PRA) information Brett Wiedoff, NMFS PIR, 808–944– action also reorganized the rules into a collection requirements to reflect the 2272. more logical and cohesive order, restructuring. The purpose of this rule is removed duplicative and outdated SUPPLEMENTARY INFORMATION: This provisions, and made editorial changes to make the regulations easier for the Federal Register document is also public to use by organizing existing for readability, clarity and uniformity in accessible at http://www.gpoaccess.gov/ the regulatory language. That final rule fishing regulations by geographic fr. location. carried out a directive from President To date, fisheries in the western Clinton to Federal agencies regarding DATES: Comments on this proposed rule Pacific have been managed through five their responsibilities under his must be received by December 4, 2009. species- or fishery-directed FMPs: For Regulatory Reinvention Initiative. This ADDRESSES: Comments on this proposed bottomfish and seamount groundfish, initiative, part of the National rule, identified by 0648–AU71, may be crustaceans, precious corals, coral reef Performance Review, called for sent to either of the following addresses: ecosystems, and pelagic species. The comprehensive regulatory reforms, and • Electronic Submission: Submit all FEPs cover archipelagos or other broad the President directed all agencies to electronic public comments via the geographic areas, including American review their regulations, with an Federal e-Rulemaking Portal http:// Samoa, the Mariana Islands (Guam and emphasis on eliminating or modifying www.regulations.gov; or the Northern Mariana Islands), Hawaii, those that are obsolete, duplicative, or • Mail: William L. Robinson, the Pacific remote island areas (PRIA) otherwise in need of reform. Regional Administrator, NMFS, Pacific (Palmyra Atoll, Kingman Reef, Jarvis Ten years later, NMFS again Islands Region (PIR), 1601 Kapiolani Island, Baker Island, Howland Island, restructured the regulations (71 FR Blvd., Suite 1110, Honolulu, HI 96814– Johnston Atoll, and Wake Island), and 17985, April 10, 2006). The measures in 4700. one FEP would manage western Pacific 50 CFR part 660 that had pertained to Instructions: Comments will be pelagic fisheries. The FEPs incorporate fisheries in the western Pacific were posted for public viewing after the and reorganize elements of the five redesignated as a new part 665. The comment period has closed. All existing FMPs, and do not change the 2006 regulatory restructuring was comments received are a part of the current management regime. The FEPs consistent with NMFS’ earlier public record and will generally be enable the Council and NMFS to focus establishment of the new Pacific Islands posted to http://www.regulations.gov on a comprehensive ecosystem Region, which created the Pacific without change. All personal identifying approach to fisheries management, Islands Regional Office (PIRO) and information (e.g., name, address, etc.) consistent with NOAA’s regional Pacific Islands Fisheries Science Center. submitted voluntarily by the commenter ecosystem-based management strategy. The new Region is responsible for may be publicly accessible. Do not The objectives of the FEPs will be administering NMFS conservation, submit confidential business consistent with the Magnuson-Stevens management, and research programs in information, or otherwise sensitive or Fishery Conservation and Management the western Pacific. Additionally, the protected information. NMFS will Act (Magnuson-Stevens Act) through Council at that time was in the process accept anonymous comments (if you the incorporation of ecosystem goals of creating FEPs to replace its fishery- or wish to remain anonymous, enter ‘‘NA’’ and principles in fisheries management. species-based FMPs. The 2006 rule was VerDate Nov<24>2008 15:23 Nov 18, 2009 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP2.SGM 19NOP2 erowe on DSK5CLS3C1PROD with PROPOSALS2 Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules 60051 a prelude to the transition to the FEP § 665.22(n). This proposed rule corrects requirements. Thus, paragraphs (aa), structure. the error. (gg), (hh), and (ll) would be removed. In September 2009, the Council This proposed rule also would correct A technical clarification in old 50 finalized the FEPs and submitted them an error related to sea turtle mitigation CFR § 665.72(d) (proposed new to NMFS for Secretarial review and measures. On March 28, 2000, NMFS § 665.211(d)) would revise the exception approval. This proposed rule published a final rule that implemented to the possession of Hawaii Restricted restructures the regulations to be several measures intended to mitigate Bottomfish Species after the total consistent with the FEP organization, injuries to sea turtles by the Hawaii allowable catch limit is reached. and makes the regulations easier for pelagic longline fishery, including This proposed rule would add or fishermen, managers and the general requirements to carry and use line revise several definitions to be public to use. clippers, dip nets, and dehookers (65 FR consistent with the FEPs and This proposed rule would redesignate 16346). In a subsequent final rule restructured regulations, correct errors old subparts A (General) and B (Western published on November 15, 2005, in cross referencing, remove duplicative Pacific Fisheries-General) of 50 CFR 665 relating to sea turtle mitigation text, add geographic information, and as new subpart A (General). Old Subpart measures (70 FR 69282), the regulations correct inadvertent omissions. A C (Western Pacific Pelagic Fisheries) relating to line clippers in § 665.32 were technical clarification at § 665.12 would would be redesignated as new subpart F inadvertently omitted. This proposed remove the definition for ‘‘Bottomfish (Western Pacific Pelagic Fisheries). Old rule would correct the error in new management area’’ and ‘‘Lobster closed subparts D (Western Pacific Crustacean § 665.812. area’’ as these terms are artifacts from Fisheries), E (Bottomfish and Seamount In the definition of western Pacific old regulations and are not currently Groundfish Fisheries), F (Precious Coral pelagic management unit species, the used in part 665. Fisheries), and G (Western Pacific Coral spelling of the scientific