Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8289 

§ 648.51 Gear and crew restrictions. 

* * * * * 

(a) * * * 

(2) * * * 

(ii) Measurement of mesh size. Mesh 

size is measured by using a wedgeshaped gauge having a taper of 2 cm 

(0.79 inches) in 8 cm (3.15 inches) and 

a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater than, 120 mm (4.72 inches). The 

mesh size is the average of the 

measurements of any series of 20 

consecutive meshes for nets having 75 

or more meshes, and 10 consecutive 

meshes for nets having fewer than 75 

meshes. The mesh in the regulated 

portion of the net is measured at least 

five meshes away from the lacings 

running parallel to the long axis of the 

net. 

* * * * * 

■ 3. In § 648.80, paragraph (f)(2) is 

revised to read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(f) * * * 

(2) All other nets. With the exception 

of gillnets, mesh size is measured by a 

wedge-shaped gauge having a taper of 2 

cm (0.79 inches) in 8 cm (3.15 inches), 

and a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater, than 120 mm (4.72 inches). 

* * * * * 

■ 4. In § 648.104, paragraph (a)(2) is 

revised to read as follows: 

§ 648.104 Gear restrictions. 

* * * * * 

(a) * * * 

(2) Mesh size is measured by using a 

wedge-shaped gauge having a taper of 2 

cm (0.79 inches) in 8 cm (3.15 inches), 

and a thickness of 2.3 mm (0.09 inches), 

inserted into the meshes under a 

pressure or pull of 5 kg (11.02 lb) for 

mesh size less than 120 mm (4.72 

inches) and under a pressure or pull of 

8 kg (17.64 lb) for mesh size at, or 

greater than, 120 mm (4.72 inches). The 

mesh size is the average of the 

measurements of any series of 20 

consecutive meshes for nets having 75 

or more meshes, and 10 consecutive 

meshes for nets having fewer than 75 

meshes. The mesh in the regulated 

portion of the net is measured at least 

five meshes away from the lacings, 

running parallel to the long axis of the 

net. 

* * * * * 

[FR Doc. E7–3241 Filed 2–23–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 061227341–7031–02; I.D. 

120406A] 

RIN 0648–AU99 

Fisheries in the Western Pacific; 

Western Pacific Pelagic Fisheries; 

Hawaii Shallow-set Longline Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

permanently remove the 7–day delay in 

effectiveness when closing the Hawaiibased shallow-set longline fishery as a 

result of reaching interaction limits for 

sea turtles. This final rule allows for an 

immediate closure of the fishery to 

enhance protection for sea turtles. 

DATES: This final rule is effective March 

28, 2007. 

ADDRESSES: Copies of this final rule, the 

regulatory amendment, environmental 

assessment, regulatory impact review, 

and regulatory flexibility analyses may 

be obtained from William L. Robinson, 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Boulevard, 

Suite 1110, Honolulu, HI 96814–4700. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible via the World Wide Web 

at the Office of the Federal Register: 

http://www.gpoaccess.gov/fr/ 

index.html. 

Background 

The Hawaii-based pelagic longline 

fishery for swordfish, tunas, and related 

species is managed under the Fishery 

Management Plan for Pelagic Fisheries 

of the Western Pacific Region (Pelagics 

FMP). The Pelagics FMP was developed 

by the Western Pacific Fishery 

Management Council (Council) under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Regulations governing fishing by U.S. 

vessels in accordance with the Pelagics 

FMP appear at 50 CFR part 665 and 

subpart H of 50 CFR part 600. 

The regulations at § 665.33(b)(1) set 

the maximum allowable annual limits 

on the numbers of interactions between 

longline fishing operations and sea 

turtles. These limits apply to physical 

interactions with fishing gear deployed 

from vessels registered under Hawaii 

longline limited-access permits while 

engaged in shallow-set longline fishing, 

i.e., fishing that is directed at swordfish. 

There are calendar-year annual limits on 

physical interactions for two species of 

sea turtles, one for leatherback sea 

turtles set at 16, and one for loggerhead 

sea turtles set at 17. 

Pursuant to a Section 7 consultation 

under the Endangered Species Act, 

NMFS is required by a 2004 Biological 

Opinion to maintain 100 percent 

observer coverage in the Hawaii 

shallow-set longline fishery. 

Interactions with turtles are monitored 

using data from scientific observers 

placed by NMFS aboard all vessels 

engaged in shallow-set longline fishing. 

The current regulations at 

§ 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 7 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. 

The 7–day delay was intended to give 

NMFS adequate time to notify permit 

holders and vessel operators of the 

fishery closure. 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 7–day delay 

in effectiveness offered by the advance 

notice provision was thought to provide 

adequate protection to sea turtles, while 

also providing adequate notice of the 

fishery closure to vessels at sea. 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 immediately 

notifying vessels at sea of a closure. 

More effective means of providing 

immediate notification to active 


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8290 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

fishermen now exist; NMFS observers 

carry satellite telephones that enable 

effective communications between 

NMFS and each shallow-set longline 

vessel at sea. 

Fishing activity levels and rates of 

turtle interactions in early 2006 were 

higher than expected, resulting in the 

fishery quickly reaching the limit on 

turtle interactions. To respond to the 

greater fishing activity and turtle 

interaction rates, and to prevent 

additional adverse impacts to turtles, an 

emergency rule was issued that 

suspended the 7–day delay in 

effectiveness when closing the fishery; 

the emergency rule was effective on 

March 20, 2006 (71 FR 14416, March 22, 

2006). NMFS published a notification 

closing the 2006 shallow-set fishery 

from March 20, 2006, through December 

31, 2006 (71 FR 14824, March 24, 2006). 

When the fishery was closed, NMFS 

also notified the operator of each 

Hawaii-based shallow-set longline 

vessel, directly via the satellite 

telephone carried by the NMFS observer 

placed on the vessel. This allowed for 

immediate closure of the fishery. The 

limit on turtle interactions was not 

exceeded, maximizing protection to the 

turtles. NMFS subsequently published a 

document extending the emergency rule 

that suspended the advance notice 

provision until March 19, 2007 (71 FR 

54769, September 19, 2006). 

The intent of the final rule is to 

enhance the protection for sea turtles 

through the permanent removal of the 

7–day delay in effectiveness when 

closing the Hawaii-based shallow-set 

longline fishery as a result of reaching 

turtle interaction limits. 

Additional background information 

on this final rule may be found in the 

preamble to the proposed rule 

published on January 16, 2007 (72 FR 

1700), and is not repeated here. 

Comments and Responses 

On January 16, 2007, NMFS 

published a notice of the proposed rule 

(72 FR 1700). The public comment 

period for the notice ended on January 

31, 2007. NMFS received 1,038 

comments from the public; nearly all 

were identical form letters received via 

email. All of the public comments 

supported this action, and some 

commenters provided additional 

remarks on the proposed rule. NMFS 

responds to those additional comments 

that are relative to this action, as 

follows: 

Comment 1: The longline fishery 

should be closed permanently to protect 

sea turtles. 

Response: NMFS and the Council 

believe that a well-managed and 

economically-viable fishery, with the 

proper mechanisms in place to protect 

threatened and endangered species, can 

coexist with sea turtles. Thus, a 

permanent closure of the shallow-set 

swordfish fishery was not a 

management alternative considered by 

the Council or NMFS at this time. 

Comment 2: The management 

alternative, discussed by the Council 

but not recommended to NMFS for 

rulemaking, that should have been 

chosen would establish short-term time 

and/or area closures for the shallow-set 

fishery designed to provide protection 

for sea turtles beyond measures already 

in place. 

Response: Although the Council did 

not recommend this alternative for 

rulemaking, NMFS agrees that welldefined time and area management 

measures would also meet the purpose 

and need for this action. Because the 

high turtle interaction rates experienced 

in the 2006 fishing year may have been 

an anomaly, and in future years the 

fishery may not reach either turtle 

interaction limit, the time/area closures 

as proposed in Alternative 4 are not 

preferred at this time. To design and 

implement such measures, additional 

information is needed about sea turtle 

migration and foraging behavior, and 

the nature of interactions between 

fishing gear and sea turtles. The Council 

and NMFS may revisit such 

management alternatives in the future, if 

needed and practicable. 

Comment 3: NMFS should improve 

the collection of information about sea 

turtle interactions in the fishery, and 

provide this information more quickly 

to the fishing community and interested 

public, including regular updates to 

PIRO’s turtle interaction web page. 

NMFS PIRO and NMFS Southwest 

Regional Office (SWRO) should also 

coordinate their management efforts for 

shared resources, including sea turtles. 

Response: Advances in 

communication systems allow for more 

effective and near real-time transfer of 

information about the interactions 

between turtles and fishing operations. 

Indeed, PIRO’s public web site is 

updated twice monthly, or when a turtle 

interaction is documented, with the goal 

of keeping the regulated fishing industry 

and the general public apprised of 

developments. For the management of 

shared resources, NMFS PIRO and 

SWRO maintain close communication, 

and work together in the development 

of collaborative research, protection 

strategies, and management measures. 

Changes to the Proposed Rule 

No changes to the proposed rule were 

made in this final rule. 

Classification 

The NOAA Assistant Administrator 

for Fisheries (AA) determined that this 

FMP amendment is necessary for the 

conservation and management of the 

affected fisheries, and that the action is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and other 

applicable laws. 

An Environmental Assessment (EA) 

was prepared for this action, and the AA 

concluded that there will be no 

significant impact on the human 

environment as a result of this rule. 

NMFS determined that the preferred 

management alternative has the greatest 

likelihood of achieving the purpose and 

need for this Federal action. In addition, 

all beneficial and adverse impacts of 

this action have been addressed to reach 

the conclusion of no significant impact. 

A copy of the EA is available from 

William L. Robinson (see ADDRESSES). 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Consistent with section 604 of the 

Regulatory Flexibility Act, NMFS 

prepared a final regulatory flexibility 

analysis (FRFA) for the regulatory 

amendment, as described below. 

NMFS prepared this FRFA for the 

final rule. This FRFA incorporates the 

initial regulatory flexibility analysis 

(IRFA). The Classification section in the 

proposed rule included a detailed 

summary of the analysis contained in 

the IRFA, and that discussion is not 

repeated in its entirety here. The need 

for and the objectives of the action are 

explained in the preambles to the 

proposed rule and final rule and are not 

repeated here. This action is taken 

under authority of the MagnusonStevens Act and regulations at 50 CFR 

part 665. No comments were received 

on the IRFA or on the economic impacts 

of the proposed rule. 

Based on recent levels of participation 

in the shallow-set longline fishery, it is 

estimated that approximately 35 

shallow-set vessels may be affected by 

this rulemaking. All are considered to 

be small entities as defined by the Small 

Business Administration. Any fishharvesting business is a small business 

if it is independently-owned and 

operated, not dominant in its field of 

operation, and has annual receipts not 

in excess of $4 million. Furthermore, 

there are no disproportionate impacts 

among the affected population of small 

entities based on vessel size, fishing 

gear, or geographical considerations, 

e.g., home port. 

The loss in revenues could be 

mitigated by providing vessels with an 


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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8291 

early warning of projected closures, thus 

allowing the affected vessels to better 

plan for fishing operations. Better 

planning would avoid unnecessary trip 

preparation and allow the opportunity 

to change gear for fishing in alternative 

longline fisheries, such as the Hawaiibased deep-set (tuna) longline fishery. 

Alternative 1 (no action) would prevent 

direct economic losses to affected 

vessels. However, this alternative would 

not provide adequate protection to sea 

turtles. Alternatives 3 (shifting the 

shallow-set fishing season) and 4 

(limited time/area closures) could 

partially mitigate the economic impacts 

to small entities associated with the 

proposed alternative by lengthening the 

fishing season, which would distribute 

landings to avoid flooding the market 

and allowing for price stability. The 

small entities also would be better able 

to plan their fishing operations, 

especially if they participate in another 

fishery when not targeting swordfish, 

and mitigate adverse economic impacts, 

such as unreasonably low prices, which 

can arise from the market becoming 

flooded as the fishery is closed and all 

vessels return to port. Because the high 

turtle interaction rates experienced in 

the 2006 fishing year may have been an 

anomaly, and in future years the fishery 

may not reach either turtle interaction 

limit, the time/area closures as proposed 

in Alternative 4, and the shifting of the 

shallow-set fishing season as proposed 

in Alternative 3 are not preferred at this 

time. Also, to design and implement 

such measures as identified in 

Alternative 4, additional information is 

needed about sea turtle migration and 

foraging behavior, and the nature of 

interactions between fishing gear and 

sea turtles. 

There are no recordkeeping or 

reporting requirements associated with 

this final rule. 

Small Business Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to permit 

holders that also serves as a small entity 

compliance guide (the guide) was 

prepared. The guide will be sent to all 

holders of permits for the Hawaii-based 

longline fishery. Copies of the small 

business compliance guide are available 

from the William L. Robinson (see 

ADDRESSES) and are also available at the 

NMFS PIRO web site http:// 

www.fpir.noaa.gov. 

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, 

Reportingand recordkeeping 

requirements. 

Dated: February 20, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is 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 § 665.22, revise paragraphs (ss) 

and (tt) to read as follows: 

§ 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 

§ 665.33(b), in violation of § 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 § 665.33(b), in 

violation of § 665.33(i). 

* * * * * 

■ 3. In § 665.33, remove paragraphs 

(b)(2)(iii) and (iv), and revise paragraphs 

(b)(2)(i) and (ii) to read as follows: 

§ 665.33 Western Pacific longline fishing 

restrictions. 

* * * * * 

(b) * * * 

(2) * * * 

(i) As soon as practicable, the 

Regional Administrator will file for 

publication at the Office of the Federal 

Register a notification of the sea turtle 

interaction limit having been reached. 

The notification will include an 

advisement that the shallow-set 

component of the longline fishery shall 

be 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 at a specified date, 

until the end of the calendar year in 

which the sea turtle interaction limit 

was reached. Coincidental with the 

filing of the notification, the Regional 

Administrator will also provide actual 

notice that the shallow-set component 

of the longline fishery shall be 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 at a specified date, 

to all holders of Hawaii longline limited 

access permits via telephone, satellite 

telephone, radio, electronic mail, 

facsimile transmission, or post. 

(ii) Beginning on the fishery closure 

date indicated by the Regional 

Administrator in the notification 

provided to vessel operators and permit 

holders and published in the Federal 

Register under paragraph (b)(3)(i) 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. E7–3243 Filed 2–23–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

022007D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels 60 ft (18.3 m) LOA and 

Longer Using Hook-and-Line Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

60 ft (18.3 meters (m)) length overall 

(LOA) and longer using hook-and-line 

gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the A season apportionment of the 2007 

Pacific cod total allowable catch (TAC) 

allocated to catcher vessels using hookand-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 21, 2007, through 

2400 hrs, A.l.t., June 10, 2007. 


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