[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37917-37918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15411]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 991221344-9344-01; I.D. 121099A]
RIN 0648-AN44


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Hawaii-based Pelagic Longline Area 
Closure

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

ACTION: Emergency rule; extension of expiration date.

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SUMMARY: This action extends an emergency rule, now in effect, that 
closes certain waters to fishing by vessels engaged in the Hawaii-based 
pelagic longline fishery. The rule was published in the Federal 
Register on December 27, 1999, in response to the Order Setting Terms 
of Injunction issued on November 23, 1999, by the U.S. District Court, 
District of Hawaii, (Court). The area closure is intended to reduce 
adverse impacts to sea turtles by restricting the activities of the 
Hawaiian longline fishery while an environmental impact statement (EIS) 
is being prepared for the Fishery Management Plan for Pelagic Fisheries 
of the Western Pacific Region (FMP). Extension of the emergency rule 
will maintain the temporary area closure until December 23, 2000, or 
until new time and area closures, as imposed by the Court, are 
implemented by NMFS.

DATES: This emergency rule is effective 12:02 a.m., local time, June 
26, 2000, through 12:01 a.m., local time, December 23, 2000.

ADDRESSES: Copies of the environmental assessment prepared for the 
emergency rule may be obtained from Dr. Charles Karnella, 
Administrator, Pacific Islands Area Office (PIAO), NMFS, 1601 Kapiolani 
Blvd., Suite 1110, Honolulu, HI, 96814-4700.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru or Marilyn Luipold, 
PIAO, 808-973-2937.

SUPPLEMENTARY INFORMATION: NMFS is extending an emergency rule 
promulgated on December 23, 1999 (64 FR 72290, December 27, 1999), 
which otherwise would expire on June 26, 2000. Extension of this rule 
is authorized under section 305(c)(3)(B) of the Magnuson-Stevens 
Fishery Conservation and Management Act.

[[Page 37918]]

This rule temporarily amends implementing regulations of the FMP by 
prohibiting vessels registered for use with Hawaii longline limited 
access permits from fishing with longline gear within the area north of 
28 deg. N. lat. and between 168 deg. W. long. and 150 deg. W. long. It 
also prohibits vessels registered for use with receiving vessel permits 
from receiving from another vessel pelagic management unit species 
harvested with longline gear, if these species were harvested or their 
transfer to another vessel occurs within the closed area. No vessel may 
land or transship, shoreward of the outer boundary of the U.S. 
exclusive economic zone around Hawaii, pelagic management unit species 
that were harvested with longline gear within the closed area.
    The area closure is mandated by the Court's Order Setting Terms of 
Injunction dated November 23, 1999. The intent of the area closure is 
to reduce adverse impacts on sea turtles, pending the completion of an 
EIS on the pelagic fisheries managed under the FMP. Background 
information on the area closure and emergency rule appears in the 
emergency rule published in the Federal Register on December 27, 1999 
(64 FR 72290), and is not repeated here.
    This emergency closure was implemented to comply with Judge Ezra's 
Court Order, and affords protection to leatherback and other sea 
turtles incidentally taken by the Hawaii-based pelagic longline fleet 
while further analysis of methods to mitigate these interactions is 
being conducted. There are a total of 164 permits issued for this 
limited entry fishery, with active fishing by 114 vessels during 1999. 
All permit holders may be affected by the extension of this closure. 
There are no reporting, recordkeeping, or compliance requirements 
associated with this closure, or its extension. The extension of this 
closure does not duplicate, overlap, or conflict with any Federal 
rules. The alternative of not extending this closure was rejected on 
the basis that it would not meet the Court Order or its conservation 
objectives.
    This extension of the emergency rule will maintain the current area 
closure for an additional 180 days unless, prior to that expiration 
date, NMFS implements a set of new time and area closures imposed by 
the Court. If the Court chooses to continue the current closure, NMFS 
could implement an amendment to the FMP and make this closure effective 
until the EIS is completed, or until further notice.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that extension of the emergency rule is necessary to comply with a 
valid order of the U.S. District Court.
    This emergency rule has been determined to be not significant for 
purposes of Executive Order 12866.


    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 14, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.


    2. In Sec. 660.22, new paragraphs (z) through (bb) are added to 
read as follows:


660.22  Prohibitions.

* * * * *
    (z) Fish with a vessel registered for use under a Hawaii longline 
limited access permit using longline gear within the area north of 
28 deg. N. lat. and between 168 deg. W. long. and 150 deg. W. long.
    (aa) Land or transship shoreward of the outer boundary of the EEZ 
around Hawaii Pacific pelagic management unit species that were 
harvested with longline gear within the area north of 28 deg. N. lat. 
and between 168 deg. W. long. and 150 deg. W. long.
    (bb) Use a receiving vessel registered for use under a receiving 
vessel permit described in Sec. 660.21(c) to receive from another 
vessel Pacific pelagic management unit species harvested with longline 
gear, if the fish were harvested or the transfer occurs within the area 
north of 28 deg. N. lat. and between 168 deg. W. long. and 150 deg. W. 
long.
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[FR Doc. 00-15411 Filed 6-16-00; 8:45 am]
BILLING CODE 3510-22-F