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Fisheries in the Western Pacific; Hawaii-based Shallow-set Longline Fishery
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 19, 2006 (Volume 71, Number 181)]
[Rules and Regulations]
[Page 54769-54770]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se06-8]
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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
http://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.
? For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
? 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.
? 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).
* * * * *
? 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