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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: June 19, 2000 (Volume 65, Number 118)]
[Rules and Regulations]
[Page 37917-37918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn00-13]

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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.
* * * * *
[FR Doc. 00-15411 Filed 6-16-00; 8:45 am]
BILLING CODE 3510-22-F

 
 

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