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Supplemental Environmental Impact Statement, a Regulatory Impact Review and an Initial Regulatory Flexibility Analysis

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Supplemental Environmental Impact Statement, a Regulatory Impact Review and an Initial Regulatory Flexibility Analysis Amendment 14 to the Fishery Management Plan for Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region Including A Final Supplemental Environmental Impact Statement, A Regulatory Impact Review and An Initial Regulatory Flexibility Analysis MEASURES TO END BOTTOMFISH OVERFISHING IN THE HAWAIIAN ARCHIPELAGO Western Pacific Regional Fishery Management Council 1164 Bishop Street, Suite 1400 Honolulu, Hawaii 96813 December 19, 2007 ii Amendment 14 to the Fishery Management Plan For The Bottomfish and Seamount Groundfish Fisheries Of The Western Pacific Region Including A Final Supplemental Environmental Impact Statement A Regulatory Impact Review and An Initial Regulatory Flexibility Analysis MEASURES TO END BOTTOMFISH OVERFISHING IN THE HAWAIIAN ARCHIPELAGO December 19, 2007 Responsible Agency: Responsible Council: NMFS Pacific Islands Region Western Pacific Regional Fishery 1601 Kapiolani Blvd., Suite 1110 Management Council Honolulu, HI 96814-4700 1164 Bishop St., Suite 1400 Honolulu, HI 96813 Contact: Contact: William L. Robinson Kitty M. Simonds Regional Administrator Executive Director Telephone: (808) 944-2200 (808) 522-8220 Fax: (808) 973-2941 (808) 522-8226 Abstract: Based on fishery information and 2003 data analyzed by the National Marine Fisheries Service’s (NMFS) Pacific Islands Fisheries Science Center, NMFS determined that overfishing of the bottomfish species complex was occurring within the Hawaiian Archipelago with the primary problem being excess fishing mortality in the main Hawaiian Islands (MHI). The NMFS Regional Administrator for the Pacific Islands Regional Office notified the Western Pacific Regional Fishery Management Council (Council) of this overfishing determination on May 27, 2005. In response, the Council prepared Amendment 14 to the Bottomfish Fishery Management Plan (FMP), which recommended closure of federal waters around Penguin and Middle Banks to fishing for bottomfish in order to end the overfishing. However, before Secretarial review of Amendment 14 was initiated by NMFS, new stock assessment information indicated a need to re-examine this action. A stock assessment completed by PIFSC in 2006 concluded the required reduction in fishing mortality based on 2004 data would be 24 percent, a significantly higher amount than the 15 percent previously recommended (Moffitt et al. 2006, Appendix 2). In addition, a phase-out of the bottomfish fishery by 2011 in the Northwestern Hawaiian Islands (NWHI) was mandated through the Presidential Monument designation (FR 36443, June 26, 2006). This may be significant because the bottomfish are assessed as a stock complex combining the MHI and the NWHI, and because larval transport may allow for one area to serve as a source of recruitment to other areas such that iii management action in one may affect fish stocks in the other. This permanent closure will also result in the elimination of one of the major sources of locally-caught bottomfish for use in the local markets and restaurants. After the NWHI closure, experienced NWHI commercial bottomfish vessel operators will either begin fishing in the MHI or discontinue fishing for bottomfish. To end bottomfish overfishing, the Council is recommending this amendment to the Bottomfish FMP which would utilize a phased approach. Fishing mortality would be controlled in 2007 and 2008 through the use of seasonal closures in all sectors of the MHI bottomfish fishery, in conjunction with a total allowable catch limit (TAC) in the commercial sector and bag limits for the non-commercial sector. In 2009 and beyond, a single fleetwide TAC would be applied to both the commercial and non-commercial sectors. Adaptive management would be utilized to address new information or significant changes in the fishery or fishery conditions. In May 2005, a Final Environmental Impact Statement (FEIS) on the Bottomfish FMP was completed and it was made available to the public on June 17, 2005; a copy of this document may be found at http://www.fpir.noaa.gov/DIR/dir_public_documents.html#eis (NMFS Pacific Regional Office website). To date, no record of decision has been published for this FEIS. Following the publication of the 2005 FEIS, relevant bottomfish fisheries information became available regarding bottomfish overfishing and a Draft Supplemental Environmental Impact Statement (2006 DSEIS) was made available on April 14, 2006 (71 FR 19505) and focused on a range of alternatives the Council considered to end overfishing. However, before this 2006 DSEIS went to final draft, the 2006 bottomfish stock assessment (Moffitt et al., 2006; Appendix 2) was completed, indicating the need to reduce fishing mortality by a larger percentage than the previous year. In light of the 2006 bottomfish stock assessment, the 2006 DSEIS needed substantial revision, and the document was reissued as a revised Draft SEIS, dated June 27, 2007. Comments on the 2007 draft SEIS were considered in this Amendment and Final SEIS. The purpose of this combined Final SEIS and revised amendment to the Bottomfish FMP is to analyze a range of management alternatives to end bottomfish overfishing in the Hawaiian Archipelago. iv ABBREVIATIONS AND ACRONYMS APA Administrative Procedure Act B Stock Biomass BMUS Bottomfish Management Unit Species BiOp Biological Opinion BLNR Board of Land and Natural Resources, State of Hawaii BRFA Bottomfish Restricted Fishing Area CDP Community Development Program CDPP Community Demonstration Project Program CFR Code of Federal Regulations cm centimeters CML Commercial Marine License CNMI Commonwealth of the Northern Mariana Islands CPUE Catch per Unit Effort CRE FMP Coral Reef Ecosystem Fishery Management Plan CZMA Coastal Zone Management Act DBEDT Department of Business, Economic Development and Tourism, State of Hawaii DLNR Department of Land and Natural Resources, State of Hawaii DOCARE Division of Conservation and Resources Enforcement, State of Hawaii DPEIS Draft Programmatic Environmental Impact Statement DSEIS Draft Supplemental Environmental Impact Statement E Fishing Effort EEZ Exclusive Economic Zone EFH Essential Fish Habitat EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act F Fishing Mortality FEIS Final Environmental Impact Statement FEP Fishery Ecosystem Plan FFS French Frigate Shoals fm fathoms FMP Fishery Management Plan FOIA Freedom of Information Act FR Federal Register ft feet FWCA Fish and Wildlife Coordination Act GPS Global Positioning System HAPC Habitat Areas of Particular Concern HAR Hawaii Administrative Rules HDAR Division of Aquatic Resources, State of Hawaii HINWR Hawaiian Islands National Wildlife Refuge HIR Hawaiian Islands Reservation HLCC Hawaiian Lee Countercurrent HMRFS Hawaii Marine Recreational Fishing Survey HURL Hawaii Undersea Research Laboratory IFQ Individual Fishing Quota kg kilograms v km kilometers lb pounds m meters M Natural Mortality Rate MFMT Maximum Fishing Mortality Threshold MHI Main Hawaiian Islands MMPA Marine Mammal Protection Act MPA Marine Protected Area MSA Magnuson–Stevens Fishery Conservation and Management Act MSST Minimum Stock Size Threshold MSY Maximum Sustainable Yield MUS Management Unit Species NEC North Equatorial Current NEPA National Environmental Policy Act NHRC North Hawaiian Ridge Current nm nautical miles NMFS National Marine Fisheries Service NMSA National Marine Sanctuaries Act NOAA National Oceanic and Atmospheric Administration NWHI Northwestern Hawaiian Islands NWR National Wildlife Refuge NWRSAA National Wildlife Refuge System Administration Act NPSG North Pacific Subtropical Gyre OLE PID Office for Law Enforcement, Pacific Islands Division (NMFS) OY Optimum Yield PIRO Pacific Islands Regional Office (NMFS) PIFSC Pacific Islands Fisheries Science Center (NMFS) PMUS Pelagic Management Unit Species PRIA Pacific Remote Island Areas RFA Regulatory Flexibility Act SBREFA Small Business Regulatory Enforcement Fairness Act SFA Sustainable Fisheries Act SPR Spawning Potential Ratio SSBP Spawning Stock Biomass Proxy SSBPR Spawning Stock Biomass Proxy Ratio SSC Scientific and Statistical Committee STCC Subtropical Countercurrent TAC Total Allowable Catch USCG United States Coast Guard USFWS United States Fish and Wildlife Service WPacFIN Western Pacific Fisheries Information Network WPRFMC Western Pacific Fishery Management Council ZMC Zonal Maximum Sustainable Yield Contribution vi SUMMARY Overview Based on fishery information and 2003 data analyzed by the National Marine Fisheries Service’s (NMFS) Pacific Islands Fisheries Science Center, NMFS determined that overfishing of the bottomfish species complex was occurring within the Hawaiian Archipelago with the primary problem being excess fishing mortality in the main Hawaiian Islands (MHI). The MHI bottomfish fishery occurs in both State of Hawaii (State) waters (0-3 nm) and Federal waters of the Exclusive Economic Zone (3-200), therefore both the State of Hawaii and the Western Pacific Regional Fishery Management Council (Council) share management authority and responsibility. Historically, the State has taken the lead in managing the MHI bottomfish fishery, however, because overfishing in the MHI bottomfish fishery was determined to be occurring, the Council is required by the MSA to take appropriate management action to end the overfishing. The NMFS Regional Administrator for the Pacific Islands Regional Office notified the Council of this overfishing determination on May 27, 2005. In response, the Council prepared and transmitted to NMFS in May, 2006, Amendment
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