[Federal Register Volume 71, Number 181 (Tuesday, September 19, 2006)]
[Rules and Regulations]
[Pages 54769-54770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 060317076-6076-01; I.D. 031606D]
RIN 0648-AU41


Fisheries in the Western Pacific; Hawaii-based Shallow-set 
Longline Fishery

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

ACTION: Temporary rule.

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SUMMARY: This rule extends an emergency rule that removed the delay in 
effectiveness for closing the Hawaii-based shallow-set longline fishery 
as a result of interaction limits for sea turtles. The intended effect 
of the emergency action is to afford enhanced protection for sea 
turtles via timely closure of the fishery.

DATES: Effective September 19, 2006, through March 19, 2007.

ADDRESSES: In accordance with the Endangered Species Act, a Biological 
Opinion, dated February 23, 2004, was prepared for this fishery, which 
operates under the Fishery Management Plan for the Pelagic Fisheries of 
the Western Pacific Region (FMP). Also, in accordance with the National 
Environmental Policy Act, an Environmental Impact Statement (EIS) dated 
March 30, 2001, and a Supplemental Environmental Impact Statement 
(SEIS) dated March 5, 2004, were prepared for this fishery under the 
FMP. Copies of the Biological Opinion, EIS and SEIS are available from 
William L. Robinson, Administrator, Pacific Islands Region, NMFS, 1601 
Kapiolani Blvd. 1110, Honolulu, HI 96814.

FOR FURTHER INFORMATION CONTACT: Robert Harman, Pacific Islands Region, 
NMFS, phone: 808-944-2271.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is accessible via the Internet at 
the Government Printing Office website at www.gpoaccess.gov/fr/index.html.

Background

    NMFS manages the pelagic longline fishery for swordfish, tunas, and 
related species in the western Pacific, according to the FMP prepared 
by the Western Pacific Fishery Management Council (WPFMC) under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. 
vessels in accordance with the FMP appear at subpart H of 50 CFR part 
600 and at 50 CFR part 665.
    The regulations at Sec.  665.33(b)(1) governing western Pacific 
pelagic fisheries establish maximum annual limits on the numbers of 
physical interactions that occur between longline fishing gear and sea 
turtles. These limits apply to physical interactions experienced by 
vessels registered under Hawaii longline limited-access permits while 
engaged in shallow-set longline fishing. There are calendar-year annual 
limits on physical interactions for two different turtle species, one 
for leatherback sea turtles set at 16, and one for loggerhead sea 
turtles set at 17.
    Interactions with turtles are monitored using data from scientific 
observers placed by NMFS aboard all vessels engaged in shallow-set 
longline fishing. NMFS is required to maintain 100 percent observer 
coverage in the Hawaii shallow-set longline fishery under the 2004 
Biological Opinion.
    The current regulations at Sec.  665.33(b)(2) prescribe that, as 
soon as the physical interaction limit for either of the two turtle 
species has been determined to have been reached in a given year, the 
shallow-set component of the Hawaii-based longline fishery must be 
closed by NMFS for the remainder of the calendar year, after giving 
permit holders at least seven days advance notice. Once that component 
of the fishery is closed, no vessel registered under a Hawaii longline 
limited-access permit may engage in shallow-set longline fishing north 
of the Equator.
    Based on the best information available on fishing activity levels 
and anticipated turtle interaction rates at the time when the 
regulations were first implemented, the seven-day delay in 
effectiveness offered by the advance notice provision was thought to be 
adequate to provide notice of the fishery closure to vessels at sea. 
The delay was intended to give NMFS adequate time to notify permit 
holders and vessel operators of the closure, and to give operators 
adequate time to cease fishing and begin to return to port, while still 
affording adequate protection to sea turtles. Fishing activity levels 
and rates of turtle interactions in early 2006 were, however, higher 
than expected, resulting in the fishery quickly reaching the limit on 
turtle interactions. To respond to the recent greater fishing activity 
and turtle interaction rates, and to prevent additional adverse impacts 
to turtles, immediate implementation of the fishery closure was 
facilitated by issuance of the emergency rule that removed the delay in 
effectiveness in closing the fishery.
    Additionally, more effective means of providing notification to 
fishermen now exist. At the time when the current regulations were 
implemented, NMFS observers placed aboard longline vessels were not 
issued satellite telephones, and other communication methods were 
considered ineffective for notifying the fleet of a closure. Currently, 
however, NMFS observers carry satellite telephones and are placed on 
all vessels conducting shallow-set fishing trips. This makes immediate 
and effective communication possible between NMFS and each vessel at 
sea.
    The emergency rule that removed the delay in effectiveness in 
closing the fishery was published on March 22, 2006 (71 FR 14416), and 
effective on March 20, 2006. When the 2006 fishery was closed, NMFS 
notified the operator of each Hawaii-based shallow-set longline vessel, 
directly via the communication devices available to the NMFS observer 
placed on the vessel. This allowed for immediate closure of the 
fishery, and the limit on turtle interactions was not exceeded. The 
shallow-set fishery was closed on March 20, 2006, both by direct notice 
to vessels, and by Federal Register notice on March 24, 2006 (71 FR 
14824).
    The WPFMC has agreed with the need for the extension for one 
additional period of not more than 180 days as authorized under section 
305(c)(3)(B) of Magnuson-Stevens Act. The WPFMC is currently developing 
a regulatory amendment to permanently remove the delay in 
effectiveness. At its 133\rd\ meeting in Pago Pago, American Samoa, the 
WPFMC voted to recommend the modification of the regulations to

[[Page 54770]]

remove the delay in effectiveness and close the shallow-set fishery 
immediately upon reaching either limit on turtle interactions.
    This extension of the emergency rule is necessary to provide 
additional time to develop and implement a permanent change to the 
regulations that will remove the delay in effectiveness.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this extension is needed to protect sea turtles until 
such time as the regulations can be permanently modified to remove the 
delay in effectiveness in closing the fishery.
    This action continues emergency measures implemented March 20, 2006 
(71 FR 14416, March 22, 2006), for 180 days. The public was provided 
with opportunity to submit comment on these measures in the emergency 
rule published on March 22, 2006. NMFS received public comments 
supporting closure of the fishery based on documented interactions with 
sea turtles, and supporting removal of the seven-day delay in 
effectiveness after notification when closing the fishery, both in the 
emergency rule, and on a permanent basis. Therefore, the AA finds that 
it is unnecessary to delay the extension of these measures by providing 
additional opportunities for public comment, and finds good cause to 
waive additional public comments under 5 U.S.C. 553(b)(B).
    This action extends the current regulatory requirements applicable 
to the fishery. There are no new requirements with which persons 
subject to the regulations must come into compliance, and a 30-day 
delay in effectiveness is unnecessary. For these reasons, the AA finds 
good cause to waive the 30-day delayed effectiveness provision of the 
Administrative Procedures Act pursuant to 5 U.S.C. 553(b)(B).
    This temporary 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, American Samoa, Fisheries, 
Fishing, Guam, Hawaii, Hawaiian natives, Northern Mariana Islands, 
Pacific Remote Island Areas, Reporting and recordkeeping requirements.

    Dated: September 15, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 665 is amended as 
follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
l. The authority citation for part 665 reads as follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 1531 et seq.


0
2. In Sec.  665.22, add paragraphs (ss) and (tt) to read as follows:


Sec.  665.22  Prohibitions.

* * * * *
    (ss) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit after the shallow-set 
component of the longline fishery has been closed pursuant to Sec.  
665.33(b)(2), in violation of Sec.  665.33(I).
    (tt) Fail to immediately retrieve longline fishing gear upon 
receipt of actual notice that the shallow-set component of the longline 
fishery has been closed pursuant to Sec.  665.33(b)(2), in violation of 
Sec.  665.33(i).
* * * * *

0
3. In Sec.  665.33, paragraphs (b)(2)(i) and (ii) are suspended and 
paragraphs (b)(2)(iii) and (iv) are added to read as follows:


Sec.  665.33  Western Pacific longline fishing restrictions.

* * * * *
    (b) * * *
    (2) * * *
    (iii) As soon as practicable, the Regional Administrator will sign 
the closure notice and provide actual notice via telephone, satellite 
telephone, radio, electronic mail, facsimile transmission, or post, to 
all vessel operators and holders of Hawaii longline limited access 
permits, that the shallow-set component of the longline fishery is 
closed and that shallow-set longline fishing north of the equator by 
vessels registered for use under Hawaii longline limited access permits 
will be prohibited beginning on a specified date and time, and that all 
such fishing gear must be immediately removed from the water and the 
fishing trip terminated. As soon as practicable, the Regional 
Administrator will also file for publication at the Office of the 
Federal Register the notification that the sea turtle interaction limit 
has been reached. The notification will indicate that the Hawaii-based 
shallow-set component of the longline fishery is closed, and shallow-
set longline fishing north of the equator by vessels registered for use 
under Hawaii longline limited access permits was prohibited beginning 
on the specified date and time when notice was provided, until the end 
of the calendar year in which the sea turtle interaction limit was 
reached.
    (iv) Beginning on the fishery closure date and time indicated by 
the Regional Administrator in the notification provided to vessel 
operators and permit holders and published in the Federal Register 
under paragraph (b)(2)(iii) of this section, until the end of the 
calendar year in which the sea turtle interaction limit was reached, 
the Hawaii-based shallow-set component of the longline fishery shall be 
closed.
* * * * *
[FR Doc. 06-7770 Filed 9-15-06; 11:53 am]
BILLING CODE 3510-22-S