Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37917

section, and may not use, set, haul back,

fish with, or possess on board, unless

stowed in accordance with the

requirements of § 648.23(b), sink gillnets

or other gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets (as described in

§ 648.81(g)(2)(ii)) in the areas and for the

times specified in paragraphs (a)(1)

through (a)(4) of this section.

* * * * *

(b) Areas closed to gillnet gear

capable of catching multispecies to

prevent right whale takes. All persons

owning or operating vessels must

remove all of their sink gillnet gear and

gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets (as described in

§ 648.81(g)(2)(ii)), from the EEZ portion

of the areas and for the times specified

in paragraphs (b)(1) and (2) of this

section, and may not use, set, haul back,

fish with, or possess on board, unless

stowed in accordance with the

requirements of § 648.23(b), sink gillnet

gear or gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnet gear (as described

in § 648.81(g)(2)(ii)) in the EEZ portion

of the areas and for the times specified

in paragraphs (b)(1) and (2) of this

section. Also, all persons owning or

operating vessels issued a limited access

multispecies permit must remove all of

their sink gillnet gear and other gillnet

gear capable of catching multispecies,

with the exception of single pelagic

gillnets (as described in

§ 648.81(g)(2)(ii)), from the areas and for

the times specified in paragraphs (b)(1)

and (2) of this section, and, may not use,

set, haul back, fish with, or possess on

board, unless stowed in accordance

with the requirements of § 648.23(b),

sink gillnet gear or other gillnet gear

capable of catching multispecies, with

the exception of single pelagic gillnets

(as described in § 648.81(g)(2)(ii)) in the

areas and for the times specified in

paragraphs (b)(1) and (2) of this section.

* * * * *

16. In § 648.88, paragraph (c) is

revised to read as follows:

§ 648.88 Multispecies open access permit

restrictions.

* * * * *

(c) Scallop multispecies possession

limit permit. Except as provided in

§ 648.58(c)(6)(ii) for vessels fishing

under the Sea Scallop Exemption

Program, a vessel that has been issued

a valid open access scallop multispecies

possession limit permit may possess

and land up to 300 lb (136.1 kg) of

regulated species when fishing under a

scallop DAS allocated under § 648.53,

provided the vessel does not fish for,

possess, or land haddock from January

1 through June 30 as specified under

§ 648.86(a)(2)(i), and provided the vessel

has at least one standard tote on board.

* * * * *

17. In § 648.89, paragraph (a) is

revised to read as follows:

§ 648.89 Recreational and charter/party

restrictions.

(a) Recreational gear restrictions.

Persons aboard charter or party vessels

permitted under this part and not

fishing under the DAS program, and

recreational fishing vessels in the EEZ,

are prohibited from fishing with more

than two hooks per line and one line per

angler and must stow all other fishing

gear on board the vessel as specified

under § 648.23(b).

* * * * *

18. In § 648.91, paragraph (c)(2)(ii) is

revised to read as follows:

§ 648.91 Monkfish regulated mesh areas

and restrictions on gear and methods of

fishing.

* * * * *

(c) * * *

(2) * * *

(ii) All other non-conforming gear

must be stowed as specified in

§ 648.23(b).

* * * * *

19. In § 648.94, paragraph (e) is

revised to read as follows:

§ 648.94 Monkfish possession and landing

restrictions.

* * * * *

(e) Transiting. A vessel that has

declared into the NFMA for the purpose

of fishing for monkfish, or a vessel that

is subject to less restrictive measures in

the NFMA, may transit the SFMA,

provided that the vessel does not

harvest or possess monkfish from the

SFMA and that the vessel’s fishing gear

is properly stowed and not available for

immediate use in accordance with

§ 648.23(b).

* * * * *

[FR Doc. 00–15360 Filed 6–14–00; 2:17 pm]

BILLING CODE 3510–22–F

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.

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.

37918 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

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° N. lat. and

between 168° W. long. and 150° 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 Hawaiibased 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 § 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° N. lat. and between

168° W. long. and 150° 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° N. lat. and between 168° W. long.

and 150° W. long.

(bb) Use a receiving vessel registered

for use under a receiving vessel permit

described in § 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° N. lat. and between

168° W. long. and 150° W. long.

* * * * *

[FR Doc. 00–15411 Filed 6–16–00; 8:45 am]

BILLING CODE 3510–22–F