Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17811 

effect until the end of the fishing year, 

except that the Regional Administrator 

may, based on a recommendation from 

the Council, remove or modify the 

restriction before the end of the fishing 

year. 

(2) It is unlawful for any person to 

conduct fishing in violation of the 

restrictions specified in the notification 

issued pursuant to paragraph (f)(1) of 

this section. 

3. In § 665.12 add the definitions of 

‘‘Ecosystem component species’’ and 

‘‘SSC’’ in alphabetical order to read as 

follows: 

§ 665.12 Definitions. 

* * * * * 

Ecosystem component species means 

any western Pacific MUS that the 

Council has identified to be, generally, 

a non-target species, not determined to 

be subject to overfishing, approaching 

overfished, or overfished, not likely to 

become subject to overfishing or 

overfished, and generally not retained 

for sale or personal use. 

* * * * * 

SSC means the Scientific and 

Statistical Committee of the Western 

Pacific Fishery Management Council. 

* * * * * 

4. In § 665.15 add a new paragraph (u) 

to read as follows: 

§ 665.15 Prohibitions. 

* * * * * 

(u) Fail to comply with the 

restrictions specified in the notification 

issued pursuant to § 665.4(f)(1), in 

violation of § 665.15(f)(2). 

[FR Doc. 2011–7622 Filed 3–30–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0808051054–91123–01] 

RIN 0648–AW67 

Western Pacific Pelagic Fisheries; 

Prohibiting Purse Seine Fishing in the 

U.S. EEZ Around Guam and the 

Northern Mariana Islands, and 

Prohibiting Longline Fishing Within 30 

nm of the Northern Mariana Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: Through this action, NMFS 

proposes to prohibit purse seine fishing 

in the U.S. Exclusive Economic Zone 

(EEZ) around Guam and the 

Commonwealth of the Northern Mariana 

Islands (CNMI), and to prohibit pelagic 

longline fishing within 30 nautical 

miles (nm) of the CNMI. The purse seine 

prohibition is intended to reduce the 

potential for localized fish depletion by 

purse seine fishing, limit catch 

competition and gear conflicts between 

the purse seine fishery and the Guam 

and CNMI pelagic longline and trolling 

fleets, and reduce the potential impacts 

of purse seine fishing on the recruitment 

of juvenile bigeye tuna. By establishing 

a longline fishing prohibited area 

around the CNMI, NMFS intends to 

reduce the potential for localized fish 

depletion by longline fishing, and to 

limit catch competition and gear 

conflicts between the developing CNMI 

longline fishery and the CNMI pelagic 

trolling fleet. This rule also would make 

several administrative clarifications to 

the pelagic fishing regulations. 

DATES: NMFS must receive comments 

on the proposed rule by May 16, 2011. 

ADDRESSES: The Western Pacific Fishery 

Management Council (Council) 

prepared Amendment 2 to the Fishery 

Ecosystem Plan for Pelagic Fisheries of 

the Western Pacific Region (FEP), which 

describes the issues, and includes an 

environmental assessment (EA). Copies 

of Amendment 2 and EA are available 

from http://www.regulations.gov or the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

fax 808–522–8226, http:// 

www.wpcouncil.org. 

You may send a comment on this 

proposed rule, identified by 0648– 

AW67, to either of the following 

addresses: 

• Electronic Submission: Send 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov; or 

• Mail: Mail written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

Instructions: You must send 

comments to one of the above two 

addresses to ensure that NMFS receives, 

documents, and considers all 

comments. Comments sent to any other 

address or individual, or received after 

the end of the comment period, may not 

be considered. All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Toby Wood, NMFS PIR Sustainable 

Fisheries, 808–944–2234. 

SUPPLEMENTARY INFORMATION: Pelagic 

fisheries in the U.S. western Pacific are 

managed under the Pelagics FEP. The 

Council is concerned that any influx of 

purse seine fishing near the islands of 

Guam and the CNMI might affect the 

sustained participation by local fishing 

communities in those areas, which are 

made up almost exclusively of small 

vessel trollers that have a strong cultural 

and economic dependence on inshore 

pelagic catches. Similarly, the Council 

is also concerned that the CNMI troll 

fishery is vulnerable to potential catch 

competition and gear conflicts with the 

growing CNMI longline fleet in areas 

where both fleets fish. 

In response to these concerns, and 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), the 

Council prepared Amendment 2 to the 

Pelagic FEP in the Mariana Archipelago. 

In Amendment 2, the Council proposes 

to prohibit purse seine fishing in the 

EEZ around Guam and the CNMI, and 

to prohibit pelagic longline fishing 

within 30 nm (55.6 km) of the CNMI. If 

Amendment 2 is adopted, this rule 

would implement the Council’s 

recommendations. 

Fisheries 

The following section describes the 

fisheries that would be affected by this 

rule, if it is promulgated. Because 2008 

is the most recent year for which we 

have comprehensive information about 

all fisheries considered, we use 2008 as 

the baseline year for analyzing the 

potential effects of this proposed rule. 

Although more recent troll, longline, 

and purse seine fishery information has 

become available, including this 

information would not change the 

analysis, management objectives, or 

measures of the Council’s proposed 

action. 

Pelagic fisheries in the Mariana 

Islands (Guam and the CNMI) consist of 

small trolling fleets and several pelagic 

longline vessels. Purse seine vessels 

have been based in Guam, but have not 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17812 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

historically reported fishing within the 

U.S. EEZ around the Mariana Islands. 

Guam’s pelagic fishery consists 

mostly of small trolling boats that are 

either towed to launching sites or 

berthed in marinas that fish in local 

waters. Most of these boats are shorter 

than 33 ft (10 m) in length overall 

(LOA), and are usually owned and 

operated by fishermen who earn a living 

outside of fishing, even though most 

fishermen sell a portion of their catch. 

Estimated annual landings of pelagic 

fish in Guam have ranged between 

301,504 to 935,809 lb (136 to 424 mt) 

over the past 20 years. In 2008, landings 

of pelagic fish—primarily of skipjack 

tuna, yellowfin tuna, mahimahi 

(dorado), wahoo, and blue marlin— 

totaled 551,504 lb (250 mt), with an 

estimated total ex-vessel value of 

$247,188. Additionally, the pelagic 

fishing fleet landed an estimated 

296,121 lb (134 mt) of skipjack tuna and 

19,899 (9 mt) of yellowfin tuna. For 

2008, Guam’s pelagic fishery consisted 

of 385 boats: Non-charter boats made 

5,057 fishing trips, and charter boats 

made 1,891 trips. 

Trolling is also the primary fishing 

method in the CNMI pelagic fishery. 

CNMI’s troll fleet consists primarily of 

vessels shorter than 24 ft (7.3 m) in 

LOA, with a travel radius from Saipan 

of about 20 miles (32 km). The number 

of fishermen landing pelagic fish in the 

CNMI in the past 20 years has ranged 

from 114 in 1996 to 47, as of 2008. The 

primary target for the CNMI troll fleet is 

skipjack tuna. In 2008, skipjack tuna 

landings comprised over 157,708 lb (71 

mt), or three-quarters of total pelagic 

landings, and was valued at nearly 

$280,000 ex-vessel. The CNMI troll fleet 

also catches yellowfin tuna and 

mahimahi on a seasonal basis. In 2008, 

this fleet landed 16,344 lb (7.4 mt) of 

yellowfin tuna, and 11,169 lb (5 mt) of 

mahimahi. 

Pelagic longline fishing in the 

Mariana Archipelago targets bigeye and 

yellowfin tuna. U.S. longline vessels 

range in length from 40 to 100 ft (12 to 

30 m) in LOA, and a single fishing trip 

can last for more than 30 days. Longline 

gear can range in length from one to 60 

miles (1.6 to 96.6 km). Interest in this 

fishery has been variable in recent years. 

Four permitted longline vessels are 

based in the CNMI and one is based in 

Guam. As recently as 2010, three 

longline vessels have been actively 

fishing in the EEZ around the CNMI, but 

no longline vessels have reported 

landings from the EEZ around Guam 

since 2000. In 1992, the Council 

proposed and NMFS implemented a 50 

nm (92.6 km) longline prohibited area 

around Guam to prevent gear conflicts 

between the developing longline fishery 

and the troll fishery, and to assist in 

preserving the local availability of 

important pelagic troll caught species 

(57 FR 45989, October 6, 1992). 

CNMI longline vessels target 

yellowfin and bigeye tunas and retain 

incidental catches of albacore, blue 

marlin, mahimahi, skipjack tuna, and 

spearfish. From 2007 through 2010, 

these vessels made approximately 30 

trips in the EEZ around the CNMI. 

Section 402 of the Magnuson-Stevens 

Act generally prohibits the release of 

confidential fishery information that is 

submitted to the Secretary of Commerce 

in accordance with the MagnusonStevens Act and is identifiable to an 

individual submitter. Because of the 

limited size of the longline fleet in the 

Marianas, NMFS is prohibited from 

releasing fishery information, as such a 

release could be used to identify the 

activities of specific vessels. 

Accordingly, proxy information about 

catch from the nearby Federated States 

of Micronesia (FSM) fishery, and the 

operating characteristic of longliners in 

American Samoa are used to analyze 

fishing impacts. 

Between 2007 and 2008, activity by 

the U.S. purse seine fleet in the western 

and central Pacific Ocean (WCPO) 

increased from 21 U.S. vessels to 38, 

respectively. The current U.S. purse 

seine fleet in the WCPO stands at 36 

vessels. These vessels range in length 

from 191 to 293 ft (58 to 89 m). Fishcarrying capacities range from 

approximately 800 to 1,500 mt (1.8 to 

3.3 million lb). The U.S. purse seine 

catch in the western Pacific is made on 

the high seas, in foreign EEZs under 

licenses issued in accordance with the 

South Pacific Tuna Treaty (SPTA), and 

in the U.S. EEZ around American 

Samoa and the U.S. Pacific Remote 

Island Areas (i.e., Wake, Baker, 

Howland, and Jarvis Islands, Johnston 

Atoll, Kingman Reef, and Palmyra 

Atoll). According to the most recent 

information available, U.S. purse seine 

catches of skipjack in the WCPO 

increased from 75,210 mt (165 million 

lb) in 2007 to 127,307 mt (280 million 

lb) in 2008. 

No U.S. purse seine catches have been 

recorded from the EEZ around the 

CNMI, and no U.S. purse seine catches 

have been recorded from the EEZ 

around Guam since 1980. To estimate 

the potential impact of U.S. purse seine 

fishing in the Marianas, Japan’s purse 

seine statistics (as the purse seine 

fishery operating closest to the Mariana 

Archipelago) were used as a proxy for 

potential U.S. purse seine catches from 

the EEZ around the Marianas. The 

average daily skipjack and yellowfin 

tuna catches by Japan purse seine 

fishery from 2004 to 2006 were 57,320 

lb (26 mt) and 6,613 lb (3 mt), 

respectively. This daily amount is 

approximately 13 and 18 percent of the 

total annual catches of skipjack and 

yellowfin tuna, respectively, landed in 

2008 by the longline and troll fleets of 

Guam and the CNMI. 

Council Concerns 

The Council is concerned about the 

potential impacts, such as localized 

stock depletion, on other pelagic 

fisheries if U.S. purse seine vessels 

begin fishing in the EEZ around Guam 

and the CNMI. Localized fish depletion 

occurs when a stock in a small area is 

reduced by the removal of large 

amounts of fish, thereby temporarily 

depleting the availability of the stock to 

fishing activity or other predators in that 

area. Some studies suggest that 

temporary, localized depletion could 

occur when purse seines take large 

quantities of fish. 

In recent years the competition for 

skipjack tuna among multi-national 

purse seine fleets in the WCPO has 

increased, and as a result U.S. purse 

seiners could turn to fishing grounds 

such as the EEZ around the Mariana 

Archipelago, where foreign fishing is 

prohibited, to increase their catch. The 

recent closures of two high seas fishing 

areas and restrictions placed on the use 

of fish aggregating devices by the 

Western and Central Pacific Fishery 

Commission could also encourage U.S. 

purse seiners to fish around the 

Marianas. Additionally, the Council is 

concerned that the President’s 

establishment in 2009 of three new 

Marine National Monuments in the 

Marianas, Rose Atoll, and the Pacific 

Remote Islands Areas, which include 

large areas now closed to commercial 

fishing, could displace purse seine 

fishing into the EEZ around Guam and 

the CNMI. 

If purse seine effort shifts to areas 

fished by the troll and longline fisheries 

of Guam and the CNMI, those smaller 

vessels could experience reduced catch 

rates, or have to travel further to 

maintain catch rates, resulting in lost 

revenue and possible safety-at-sea 

issues. Reduced catch rates could 

negatively impact ex-vessel revenue of 

the troll and longline fleets. To maintain 

catches or catch rates, vessels may need 

to fish longer or travel farther to find 

more abundant fish populations. These 

factors could increase costs associated 

with fishing, such as fuel, food, crew 

time, and ice, while also increasing 

safety risks for small vessels that would 

have to fish farther from shore and for 

longer intervals. 


sroberts on DSK3CLS3C1PROD with PROPOSALS
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17813 

Although the purse seine fleet is 

highly mobile and can harvest large 

quantities of fish, it does not (with the 

current fishing technologies) target 

mature fish. While targeting skipjack 

tuna, particularly through the use of fish 

aggregating devices, purse seines also 

catch juvenile yellowfin and bigeye 

tuna. Bigeye tuna is currently subject to 

overfishing, and the harvest of juvenile 

bigeye by purse seines contributes to 

recruitment overfishing. The impacts 

from an increase in juvenile catch of 

bigeye tuna could reduce the number of 

mature fish in the population, thereby 

decreasing the number of fish 

reproduced. This reduction could also 

decrease the future availability of adult 

fish for fisheries that target adult bigeye 

tuna. 

The Council is also concered that any 

future expansion of longline fishing 

around the Mariana Archipelago could 

result in adverse impacts to the CNMI 

troll fleet. If the number of CNMI-based 

longline vessels increases and they 

move into areas traditionally utilized by 

the local troll fleet (typically within 30 

nm (55.6 km) of shore), there is 

potential for gear conflict and catch 

competition between the two fleets. 

Longline gear can be up to 60 nm (111 

km) long, deployed horizontally at 

depth of 25 to 100 meters with floats at 

the surface, and drifting with the 

current. Troll vessels drag gear through 

the water column, and could snag or cut 

shallow longline gear or lines attached 

to floats. Consequently, troll vessels 

may need to move to other areas that do 

not have longline gear in the area to 

avoid these interactions. 

Since tunas tend to aggregate around 

objects in the water, offshore banks and 

reefs are a popular place for fishing 

activity by the troll fleet. Accordingly, 

competition for fish can be concentrated 

in these areas when fish are available. 

By including those banks and reefs 

within the proposed prohibited area, the 

Council plans to reduce the potential for 

catch competition, and the related stock 

losses. at these locations. 

The Council is also concerned that 

increased longline fishing could take 

yellowfin tuna and other species on 

which the troll fishery depends, causing 

enough localized depletion to impact 

trolling catch rates. In addition, any 

growth of the longline fishery could 

result in increased costs (i.e., more fuel, 

time at sea, and ice) for the troll fleet 

trolling costs, along with decreased 

revenues due to an increase of market 

supply of fish like yellowfin tuna. 

Proposed Actions 

Due to these concerns, the Council 

has recommended, pursuant to the 

Magnuson-Stevens Act, the following 

measures. These recommendations are 

precautionary approaches intended to 

reduce temporary localized depletion, 

catch competition, and gear conflicts to 

sustain local troll and longline fisheries, 

and to limit the potential impacts of 

purse seine fishing on recruitment of 

juvenile bigeye tuna. To address their 

concerns about the potential impact of 

purse seine fishing on the troll and 

longline fisheries in the Marianas, the 

Council recommended prohibiting U.S. 

purse seine vessels from fishing within 

the EEZ around Guam and the CNMI. To 

address the Council’s concerns about 

the potential impact of uncontrolled 

expansion in the CNMI longline fishery, 

the Council recommended a prohibition 

on longline fishing within 30 nm (55.6 

km) of the islands (see Fig. 1). 

Additionally, if implemented, this 

rule would make administrative 

housekeeping changes to the pelagic 

fishing regulations, unrelated to 

Amendment 2. All prohibited areas 

would be grouped into one section, 

making the area requirements easier for 

fishermen and the general public to 

find. Existing longline prohibited areas 

(in Hawaii and Guam) and the American 

Samoa large vessel prohibited areas for 

pelagic fishing would be combined into 

50 CFR 665.806. The proposed purse 

seine and CNMI longline prohibited 

areas would also be added to that 

section. 

As described above, the Council’s 

approach under Amendment 2 is 

precautionary. NMFS notes that no U.S. 

purse seine catches have been recorded 

from the EEZ surrounding the CNMI, 

and no U.S. purse seine catches have 

been recorded from the EEZ 

surrounding Guam since 1980. NMFS 

also notes that there is only limited 

longline activity currently being 

conducted out of the Mariana 

Archipelago. Accordingly, NMFS 

specifically invites public comments 

addressing whether the action is 

‘‘necessary and appropriate’’ according 

to MSA 303(a)(1) to accomplish its 

identified conservation and 

management objectives, and the state of 

the science supporting the action. 

BILLING CODE 3510–22–P 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17814 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 


sroberts on DSK3CLS3C1PROD with PROPOSALSEP31MR11.069</GPH>
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 17815 

BILLING CODE 3510–22–C 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FEP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The analysis follows: 

‘‘This rule would prohibit purse seine 

fishing in the U.S. Exclusive Economic 

Zone (EEZ) around Guam and the 

Commonwealth of the Northern Mariana 

Islands (CNMI), and would prohibit 

longline fishing within 30 nm (55.6 km) 

of the CNMI. A description of the 

action, why it is being considered, and 

the legal basis are contained in the 

preamble to this proposed rule. Briefly, 

the purse seine prohibition is intended 

to reduce the potential for localized fish 

depletion by purse seine fishing, limit 

catch competition and gear conflicts 

between the purse seine fishery and the 

Guam and CNMI pelagic longline and 

trolling fleets, and reduce the potential 

impacts of purse seine fishing on the 

recruitment of juvenile bigeye tuna. The 

longline fishing prohibited area around 

the CNMI, is intended to reduce the 

potential for localized fish depletion by 

longline fishing, and to limit catch 

competition and gear conflicts between 

the developing CNMI longline fishery 

and the CNMI pelagic trolling fleet. 

This proposed rule consists of three 

actions: 

1. Prohibit pelagic longline fishing 

within 30 nm (55.6 km) of the CNMI; 

2. Prohibit pelagic purse seine fishing 

within the EEZ around the CNMI; and 

3. Prohibit pelagic purse seine fishing 

within the EEZ around Guam. 

Action 1 would impact the longline 

vessels in and operating from the CNMI. 

This is a relatively small fishery; the 

number of permits issued to vessel 

owners in this fishery in recent years 

has ranged from four to eight. Fishing 

vessels are considered to be small 

entities by the SBA if they are 

independently-owned or operated, are 

not dominant in their field of operation, 

and have annual gross receipts not in 

excess of $4 million. Although exact 

revenue data for the CNMI longline 

vessel group are not available, similarlysituated vessels operating in Hawaii 

earn an average of less than $4 million 

per year. Using this figure as a proxy for 

annual revenue, this analysis assumes 

the affected vessels are small entities. 

Prohibiting fishing within 30 nm (55.6 

km) of shore could require vessels to 

spend more time and fuel traveling 

offshore before fishing, and could 

prevent catching any target fish stocks 

that might occur within the prohibited 

area. However, logbook information 

suggests that the affected longline 

vessels currently fish farther than 30 nm 

(55.6 km) from shore. Action 1 would 

not modify their current fishing 

practices and, therefore, is not expected 

to impact the affected vessels’ revenue. 

Additionally, Action 1 could benefit 

the local CNMI troll fleet, which fishes 

closer to shore than longliners, by 

reducing the likelihood of catch 

competition and gear conflict between 

trolling and longlining. In 2008, the 

CNMI troll fleet consisted of 47 boats, 

most of which were less than 24 ft (7 m) 

long. That year, these boats made 989 

trips, landing 197,013 lb (89.4 mt) of 

fish, and earned total ex-vessel revenue 

of $317,330, or $6,752 per vessel. 

Accordingly, these vessels are all 

considered small entities under the 

RFA. This rule, however, would not 

modify these vessels’ activities. The rule 

is intended as a precautionary measure 

to protect and conserve the fish stocks 

and fishing resources around Guam and 

the CNMI, and if implemented would 

reduce the risk that local stocks would 

decline due to longline fishing. 

Additionally, Action 1 would reduce 

the potential for gear conflicts between 

CNMI trollers and the longline fleet. 

Because Action 1 of this rule is not 

expected to alter the current fishing 

practices of the longline fleet, and 

because it is expected to benefit the 

CNMI troll fleet as well as the local 

fishery resources, Action 1, if 

implemented, will not have a significant 

economic impact on a substantial 

number of small entities. 

If implemented, Actions 2 and 3 

could potentially affect purse seine 

fishing vessels. The average 1998 gross 

revenue per purse seine vessel was $4.7 

million, equivalent to $6.1 million in 

2009 dollars. Therefore, most or all of 

the 38 purse seine licenses in 2009–10 

were held by large entities. NMFS 

recognizes that newly-permitted vessels 

may experience lower revenues during 

the start-up period, and may constitute 

small entities under the RFA, but it is 

expected that the purse seine provisions 

of the rule will only affect large entities. 

Similar to the effects of Action 1, 

prohibiting fishing within the EEZ 

could force any Guam- or CNMI-based 

purse seine vessels to spend more time 

and fuel traveling beyond the EEZ 

before fishing, and could prevent 

catching any target fish stocks that occur 

within the EEZ. However, the U.S. purse 

seine fishery has never operated in the 

EEZ around Guam and the CNMI, nor it 

is expected to in the near future. 

Accordingly, these small entities will 

likely not be affected by these actions. 

Based on the above analysis 

indicating that few or no potentially 

affected vessels currently fish in the 

areas closed by this proposed rule 

because this rule is a precautionary 

measure meant to conserve local 

fisheries and fish stocks, NMFS has 

determined that the proposed rule 

would not result in ‘‘a substantial 

economic impact to a significant 

number of small entities.’’ 

Accordingly, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, Fisheries, Fishing, Guam, 

Longline, Northern Mariana Islands, 

Prohibited areas, Purse seine. 

Dated: March 28, 2011. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR chapter VI is 

proposed to be 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 § 665.800, add a definition of 

‘‘Purse seine’’ in alphabetical order to 

read as follows: 

§ 665.800 Definitions. 

* * * * * 

Purse seine means a floated and 

weighted encircling net that is closed by 

means of a drawstring threaded through 

rings attached to the bottom of the net. 

* * * * * 

3. In § 665.802, revise paragraphs (v), 

(w), and (xx) to read as follows: 

§ 665.802 Prohibitions. 

* * * * * 

(v) Use longline gear to fish within a 

longline fishing prohibited area in 

violation of § 665.806, except as allowed 

pursuant to an exemption issued under 

§§ 665.17 or 665.807. 

(w) Use a purse seine to fish within 

a purse seine fishing prohibited area in 


sroberts on DSK3CLS3C1PROD with PROPOSALS
17816 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Proposed Rules 

violation of § 665.806, except as allowed 

pursuant to an exemption issued under 

§ 665.17. 

* * * * * 

(xx) Use a large vessel to fish for 

western Pacific Pelagic MUS within an 

American Samoa large vessel prohibited 

area in violation of § 665.806, except as 

allowed pursuant to an exemption 

issued under §§ 665.17 or 665.818. 

* * * * * 

4. Revise § 665.806 to read as follows: 

§ 665.806 Prohibited area management. 

(a) Longline fishing prohibited areas. 

Longline fishing is prohibited in the 

longline fishing prohibited areas as 

defined in paragraphs (a)(1) through 

(a)(4) of this section. 

(1) NWHI protected species zone. The 

NWHI protected species zone is the 

portion of the EEZ within 50 nm of the 

center geographical positions of certain 

islands and reefs in the NWHI, as 

follows: 

Name N. lat. W. long. 

Nihoa Island ................. 23°05′ 161°55′ 

Necker Island ............... 23°35′ 164°40′ 

French Frigate Shoals 23°45′ 166°15′ 

Gardner Pinnacles ....... 25°00′ 168°00′ 

Maro Reef .................... 25°25′ 170°35′ 

Laysan Island ............... 25°45′ 171°45′ 

Lisianski Island ............ 26°00′ 173°55′ 

Pearl and Hermes Reef 27°50′ 175°50′ 

Midway Island .............. 28°14′ 177°22′ 

Kure Island ................... 28°25′ 178°20′ 

Where the areas are not contiguous, parallel 

lines drawn tangent to and connecting 

those semicircles of the 50-nm areas that 

lie between Nihoa Island and Necker Island, French Frigate Shoals and Gardner 

Pinnacles, Gardner Pinnacles and Maro 

Reef, and Lisianski Island and Pearl and 

Hermes Reef, delimit the remainder of the 

NWHI longline protected species zone. 

(2) Main Hawaiian Islands (MHI). (i) 

From February 1 through September 30 

each year, the MHI longline fishing 

prohibited area is the portion of the EEZ 

around Hawaii bounded by straight 

lines connecting the following 

coordinates in the order listed: 

Point N. lat. W. long. 

A ........................ 18°05′ 155°40′ 

B ........................ 18°20′ 156°25′ 

C ........................ 20°00′ 157°30′ 

D ........................ 20°40′ 161°40′ 

E ........................ 21°40′ 161°55′ 

F ........................ 23°00′ 161°30′ 

G ....................... 23°05′ 159°30′ 

H ........................ 22°55′ 157°30′ 

I ......................... 21°30′ 155°30′ 

Point N. lat. W. long. 

J ........................ 19°50′ 153°50′ 

K ........................ 19°00′ 154°05′ 

A ........................ 18°05′ 155°40′ 

(ii) From October 1 through the 

following January 31 each year, the MHI 

longline fishing prohibited area is the 

portion of the EEZ around Hawaii 

bounded by straight lines connecting 

the following coordinates in the order 

listed: 

Point N. lat. W. long. 

A ........................ 18°05′ 155°40′ 

L ........................ 18°25′ 155°40′ 

M ....................... 19°00′ 154°45′ 

N ........................ 19°15′ 154°25′ 

O ....................... 19°40′ 154°20′ 

P ........................ 20°20′ 154°55′ 

Q ....................... 20°35′ 155°30′ 

R ........................ 21°00′ 155°35′ 

S ........................ 22°30′ 157°35′ 

T ........................ 22°40′ 159°35′ 

U ........................ 22°25′ 160°20′ 

V ........................ 21°55′ 160°55′ 

W ....................... 21°40′ 161°00′ 

E ........................ 21°40′ 161°55′ 

D ........................ 20°40′ 161°40′ 

C ........................ 20°00′ 157°30′ 

B ........................ 18°20′ 156°25′ 

A ........................ 18°05′ 155°40′ 

(3) Guam. The Guam longline fishing 

prohibited area is the portion of the EEZ 

around Guam bounded by straight lines 

connecting the following coordinates in 

the order listed: 

Point N. lat. E. long. 

A ........................ 14°25′ 144°00′ 

B ........................ 14°00′ 143°38′ 

C ........................ 13°41′ 143°33′33′′ 

D ........................ 13°00′ 143°25′30′′ 

E ........................ 12°20′ 143°37′ 

F ........................ 11°40′ 144°09′ 

G ....................... 12°00′ 145°00′ 

H ........................ 13°00′ 145°42′ 

I ......................... 13°27′ 145°51′ 

(4) CNMI. The CNMI longline fishing 

prohibited area is the portion of the EEZ 

around the CNMI bounded by straight 

lines connecting the following 

coordinates in the order listed: 

Point N. lat. E. long. 

A ........................ 14°00′ 144°34′ 

B ........................ 15°49′ 145°29′ 

C ........................ 16°21′ 145°06′ 

D ........................ 17°03′ 145°22′ 

E ........................ 19°07′ 145°09′ 

F ........................ 20°39′ 144°19′ 

G ....................... 21°04′ 145°06′ 

H ........................ 19°19′ 146°04′ 

Point N. lat. E. long. 

I ......................... 16°00′ 146°32′ 

J ........................ 13°32′ 145°32′ 

A ........................ 14°00′ 144°34′ 

(b) American Samoa large vessel 

prohibited areas. A large vessel of the 

United States may not be used to fish for 

western Pacific pelagic MUS in the 

American Samoa large vessel prohibited 

areas as defined in paragraphs (b)(1) and 

(b)(2) of this section, except as allowed 

pursuant to an exemption issued under 

§ 665.818. 

(1) Tutuila Island, Manua Islands, 

and Rose Atoll (AS–1). The Tutuila 

Island, Manua Islands, and Rose Atoll 

large vessel prohibited area is the 

portion of the EEZ around American 

Samoa enclosed by straight lines 

connecting the following coordinates: 

Point S. lat. W. long. 

AS–1–A ............. 13°30′ 167°25′ 

AS–1–B ............. 15°13′ 167°25′ 

and from Point AS–1–A westward along the 

latitude 13°30′ S. until intersecting the U.S. 

EEZ boundary with Samoa, and from Point 

AS–1–B westward along the latitude 

15°13′ S. until intersecting the U.S. EEZ 

boundary with Samoa. 

(2) Swains Island (AS–2). The Swains 

Island large vessel prohibited area is the 

portion of the EEZ around American 

Samoa enclosed by straight lines 

connecting the following coordinates: 

Point S. lat. W. long. 

AS–2–A ............. 11°48′ 171°50′ 

AS–2–B ............. 11°48′ 170°20′ 

and from Point AS–2–A northward along the 

longitude 171°50′ W. until intersecting the 

U.S. EEZ boundary with Tokelau, and from 

Point AS–2–B northward along the longitude 170°20′ W. until intersecting the 

U.S. EEZ boundary with Tokelau. 

(c) Purse seine fishing prohibited 

areas. Purse seine fishing is prohibited 

in the EEZ around Guam and the CNMI. 

5. Revise the section heading in 

§ 665.807 to read as follows: 

§ 665.807 Exemptions for Hawaii longline 

fishing prohibited areas; procedures. 

* * * * * 

§ 665.817 [Removed and Reserved] 

6. Remove and reserve § 665.817. 

[FR Doc. 2011–7633 Filed 3–30–11; 8:45 am] 

BILLING CODE 3510–22–P 


sroberts on DSK3CLS3C1PROD with PROPOSALS