1700 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Proposed Rules 

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[FR Doc. E7–420 Filed 1–12–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 061227341–6341–01; I.D. 

120406A] 

RIN 0648–AU99 

Fisheries in the Western Pacific; 

Hawaii Shallow-set Longline Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

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 action would allow 

immediate closure of the fishery, and 

would enhance protection of sea turtles. 

DATES: Comments on the proposed rule 

must be received by January 31, 2007. 

ADDRESSES: You may submit comments, 

identified by ‘‘AU99’’ by any of the 

following methods: 

• E-mail: AU99Swordfish@noaa.gov. 

Include ‘‘AU99’’ in the subject line of 

the message. 

• Federal e-Rulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: William L. Robinson, 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd. 

1110, Honolulu, HI 96814. 

In accordance with the Endangered 

Species Act, a Biological Opinion, dated 

February 23, 2004, was prepared for the 

longline fishery, which operates under 

the Fishery Management Plan for the 

Pelagic Fisheries of the Western Pacific 

Region (FMP). Copies of the Biological 

Opinion are available from William L. 

Robinson (see ADDRESSES). 

Copies of the regulatory amendment 

may be obtained from Kitty M. Simonds, 

Western Pacific Fishery Management 

Council (WPFMC), 1164 Bishop St. 

1400, Honolulu, HI 96813. 

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: 

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 WPFMC under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management 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) 

establish maximum annual limits on the 

numbers of interactions that occur 

between longline fishing operations 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 species of sea 

turtles, one for leatherback sea turtles 

set at 16, and one for loggerhead sea 

turtles set at 17. 

NMFS is required by the 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 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. 

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 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Proposed Rules 1701 

satellite telephones, and other 

communication methods were 

considered ineffective for notifying 

vessels at sea of a closure. More 

effective means of providing notification 

to active fishermen now exist; NMFS 

observers carry satellite telephones that 

enable effective communications 

between NMFS and each shallow-set 

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, 

fishery closure was facilitated by 

issuance of an emergency rule that 

suspended the 7–day delay in 

effectiveness for closing the fishery. The 

emergency rule that suspended the 

delay in effectiveness in closing the 

fishery was effective on March 20, 2006 

(71 FR 14416, March 22, 2006). When 

the 2006 fishery was closed, NMFS 

notified the operator of each Hawaiibased 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. To 

implement the closure, NMFS 

published a notice that closed the 

fishery, effective from March 20, 2006, 

through December 31, 2006 (71 FR 

14824, March 24, 2006). NMFS 

subsequently published a notice 

extending until March 19, 2007, the 

emergency rule that suspends the 

advance notice provision (71 FR 54759, 

September 19, 2006). 

At its 135th meeting on October 18, 

2006, the WPFMC voted to recommend 

to NMFS that the regulations governing 

the notification to close the fishery be 

amended to permanently remove the 7–

day delay in effectiveness. The amended 

regulations would close the shallow-set 

fishery immediately upon reaching 

either limit on turtle interactions. The 

WPFMC developed a regulatory 

amendment, which may be obtained 

from Kitty M. Simonds (see ADDRESSES). 

Copies of the regulatory amendment, 

environmental assessment, regulatory 

impact review, and initial regulatory 

flexibility analysis (IRFA) may be 

obtained from William L. Robinson (see 

ADDRESSES). 

Classification 

NMFS has determined that the 

proposed rule is consistent with the 

Pelagics FMP and has preliminarily 

determined that the rule is consistent 

with the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An IRFA was prepared, as required by 

section 603 of the Regulatory Flexibility 

Act (RFA). The IRFA describes the 

economic impact this proposed rule, if 

promulgated, would have on small 

entities. A description of the proposed 

action, why it is being considered, and 

the objectives of and legal basis for the 

rule are described at the beginning of 

this section in the preamble and in the 

SUMMARY section of the preamble. 

There are no recordkeeping or reporting 

requirements associated with this 

proposed rule. 

This proposed rule considered four 

alternative management measures 

including the proposed Alternative 2, 

which modifies existing regulations to 

close the shallow-set fishery 

immediately upon reaching a turtle 

interaction limit. Alternative 1, the noaction alternative, would continue to 

include a 7–day delay in effectiveness 

when closing the fishery. Alternative 3 

would modify existing regulations to 

close the fishery immediately upon 

reaching the turtle interaction limit, 

plus change the fishing year with 

regards to monitoring the limit on sea 

turtle interactions. Alternative 4 would 

modify existing regulations to close the 

fishery immediately upon reaching the 

turtle interaction limit, plus utilize 

short-term time/area closures to 

decrease the number of turtle 

interactions and lengthen the fishing 

season. 

Based on recent levels of participation 

in the shallow-set longline fishery, it is 

estimated that approximately 35 

shallow-set longline vessels may be 

affected by this rulemaking. All are 

considered to be small entities as 

defined by the Small Business 

Administration (SBA) as follows: any 

fish-harvesting business is a small 

business if it is independently owned 

and operated and not dominant in its 

field of operation and has annual 

receipts not in excess of $4 million. 

Because all vessels are considered to 

be small entities, there are no 

disproportionate economic impacts 

between small and large vessels 

resulting from this proposed rule. 

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. 

Based upon an estimated net revenue 

of $3,099 per set, and assuming that one 

set per day is the norm, the range of 

potential reduction in net revenues to 

individual swordfish vessels resulting 

from the implementation of the 

proposed Alternative 2 would be from 

$0 to $21,693 per closure, associated 

with a potential loss of 0–7 fishing days 

per vessel, respectively. 

The relative impact of a closure on 

annual returns from the swordfish 

fishery would depend on how quickly 

the fishery is closed in any one year. For 

example, if the fishery was closed after 

63 days, there would be an estimated 10 

percent reduction in potential annual 

net revenues. If the fishery was closed 

after 133 days, there would be an 

estimated 5.0 percent reduction. After 

273 days, an estimated 2.5 percent 

reduction would result, and so on. 

These projections assume that all 

shallow-set certificates were being 

utilized. 

The loss in revenues could be 

mitigated by providing vessels with an 

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 and 4 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. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaiian Natives, 

Indians, Northern Mariana Islands, 


ycherry on PROD1PC64 with PROPOSALS
1702 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Proposed Rules 

Reporting and recordkeeping 

requirements. 

Dated: January 10, 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 proposed 

to be amended as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

l. 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. E7–459 Filed 1–12–07; 8:45 am] 

BILLING CODE 3510–22–S 


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