[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72290-72291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33494]


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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


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; notice of closure; request for comments.

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SUMMARY: NMFS issues an emergency rule to prohibit vessels registered 
for use under a Hawaii longline limited access permit 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. NMFS is also prohibiting 
vessels registered for use with receiving vessel permits from receiving 
Pacific pelagic management unit species harvested with longline gear 
while those receiving vessels are in the closed area. No vessel may 
land or transship, shoreward of the outer boundary of the EEZ, pelagic 
fish harvested by longline gear in the closed area. The closure is an 
interim measure in response to the Order Setting Terms of Injunction 
issued by the U.S. District Court, District of Hawaii, dated November 
23, 1999. The intended effect is to implement the court-ordered closure 
and reduce adverse impacts to sea turtles by curtailing activities of 
the Hawaiian longline fishery while an environmental impact statement 
(EIS) is being prepared.

DATES: This rule is effective 12:01 a.m., local time, December 23, 
1999, through 12:01 a.m., local time, June 26, 2000. Comments must be 
received no later than 5:00 p.m., local time, on February 10, 2000.
ADDRESSES: Written comments on this action must be mailed to Charles 
Karnella, Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700; or faxed to 808-
973-2941. Comments will not be accepted if submitted via e-mail or 
internet. Copies of the environmental assessment prepared for this 
action may be obtained from Alvin Katekaru or Marilyn Luipold, PIAO.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru or Marilyn Luipold, 
808-973-2937.

SUPPLEMENTARY INFORMATION: The Hawaii-based longline fishery is managed 
under the Fishery Management Plan for the Pelagic Fisheries of the 
Western Pacific Region (FMP). The FMP was prepared by the Western 
Pacific Fishery Management Council (Council) and is implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
660.
    On October 6, 1999, NMFS announced its intent to prepare an EIS on 
management of the fishery for pelagic species in waters of the 
exclusive economic zone (EEZ) in the Western Pacific Region. 
Additionally, NMFS announced its intention to prepare an environmental 
assessment (EA) for that fishery. The scope of the EA includes all 
activities related to the conduct of the fishery for the 2-year period 
NMFS anticipates is necessary to prepare the EIS. Both the EIS and the 
EA examine the impacts of pelagics harvest on, among other things, sea 
turtles and seabirds.
    On November 23, 1999, the U.S. District Court, District of Hawaii, 
ordered NMFS to prohibit, within 30 days of the date of entry of the 
Order, ``all activities of the Hawaii longline fishery authorized by 
the Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region, as amended, within the area encompassed and bounded by 
the following description: north of 28 deg. N. and between 168 deg. W. 
and 150 deg. W.'' To comply with the Court Order, NMFS is implementing 
the Court-ordered closure by emergency action. This action closes an 
area to longline fishing that was the source of approximately 30 
percent of the revenue received from swordfish landings and 
approximately 13 percent of the total revenue from all species landed 
by the Hawaii-based longline fleet.
    Accordingly, NMFS prohibits all vessels registered for use under a 
Hawaii longline limited access permit 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. NMFS also prohibits vessels registered for use 
with receiving vessel permits (issued under the regulations at 50 CFR 
660.21(c)) from receiving Pacific pelagic management unit species 
harvested with longline gear while those receiving vessels are in the 
closed area. No vessel may land or transship, shoreward of the outer 
boundary of the EEZ, pelagic fish harvested by longline gear in the 
closed area.
    The closure is being implemented by emergency action under the 
authority of section 305(c) of the Magnuson-Stevens Act. Under 
305(c)(3), the emergency regulation may remain in effect for not more 
than 180 days after the date of publication, and may be extended for 
one additional period of not more than 180 days. The emergency 
regulation may also be terminated at an earlier date.

Criteria for Issuing an Emergency Rule

    This emergency rule meets NMFS policy guidelines for the use of 
emergency rules (62 FR 44421, August 21, 1997), because the emergency 
situation results from recent, unforeseen events, or recently 
discovered circumstances. Also, it realizes immediate benefits from the 
emergency rule that outweigh the value of prior notice, opportunity for 
public comment, and deliberative consideration expected under the 
normal rulemaking process.

Recent, Unforeseen Events or Recently Discovered Circumstances

    The Court-ordered closure was issued November 23, 1999, and allows 
30 days for implementation. Emergency action is necessary to comply 
with the Order and implement the closure by December 23, 1999. To be 
effective by then, an emergency rule is needed.

Immediate Benefits

    This rule is not likely to have a significant effect on tuna 
harvests. Although there are many variables that may confound accurate 
predictions about the effects upon different sea turtle species, NMFS 
anticipates the closure will have a positive benefit on sea turtles in 
general.

[[Page 72291]]

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this emergency rule is necessary to comply with a valid 
order of the U.S. District Court. The AA has also determined that this 
rule is consistent with the Magnuson-Stevens Act and other applicable 
laws.
    NMFS prepared an EA for this rule that describes the impact on the 
human environment that would result from this rule and found that no 
significant impact would result. This emergency rule is of limited 
duration and is expected to result in a reduction of overall sea turtle 
interactions. Copies of the environmental assessment are available (see 
ADDRESSES).
    The AA finds that this rule, which is being implemented under 
section 305(c) of the Magnuson-Stevens Act, must become effective on 
December 23, 1999, to comply with the Order issued by the U.S. District 
Court, District of Hawaii. The Order requires that NMFS implement a 
longline area closure within 30 days from the date of issuance of the 
Order (November 23, 1999). Under section 305(c) of the Magnuson-Stevens 
Act, this rule may remain in effect for not more than 180 days after 
the date this notification is published, and may be extended for one 
additional period of not more than 180 days. The AA finds good cause to 
waive the requirement to provide prior notice and the opportunity for 
public comment, 5 U.S.C. 553(b)(B), as such procedures would be 
impracticable. Similarly, the need to implement the Court-ordered 
measure in a timely manner constitutes good cause under 5 U.S.C. 
553(d)(3) to waive delayed effectiveness of the rule.
    This emergency rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because this rule is not required to be published with notice and 
opportunity for public comment under 5 U.S.C. 553, or any other law, 
the analytical requirements of the Regulatory Flexibility Act do not 
apply.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

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

    Dated: December 21, 1999.
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:


Sec. 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. 99-33494 Filed 12-21-99; 4:17 pm]
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