[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Notices]
[Page 49968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20687]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 080900B]


Fisheries off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Notice of Court Order Requiring 
Actions to Reduce the Incidental Catch of Sea Turtles in the Hawaii 
Pelagic Longline Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of Requirements of the Order of August 4, 2000, of the 
United States District Court for the District of Hawaii.

-----------------------------------------------------------------------

SUMMARY: This document announces the terms of the August 4, 2000, Order 
of the United States District Court for the District of Hawaii. This 
Order amends the Court's earlier Orders Of Injunction. This Order will 
remain in effect until NMFS completes an Environmental Impact Statement 
(EIS) analyzing the effect of fishing activities regulated under the 
Fishery Management Plan for Pelagic Fisheries of the Western Pacific 
Region (FMP). The Order requires that NMFS complete the EIS by April 1, 
2001. Under this Order, certain areas are closed year-round to fishing 
by vessels engaged in the Hawaii-based pelagic longline fishery and 
other areas are seasonally closed. In certain areas, limitations have 
been placed on fishing effort and 100 percent observer coverage is 
required. In the remaining area, fishing for swordfish is prohibited, 
observer coverage must be increased to 10 percent by September 21, 
2000, and to 20 percent by November 2, 2000, and vessel operators are 
required to submit written reports to NMFS within 5 days of returning 
to port of any swordfish taken during that trip.
    NMFS must make observer reports available to the Court by the first 
of each month, continue to require Hawaii longline vessels to carry and 
use NMFS-approved line clippers and dip nets, and continue its research 
into the effects of several different gear modifications to reduce or 
eliminate the incidental catch of sea turtles.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, Fishery Management 
Specialist, PIAO, 808-973-2937.

SUPPLEMENTARY INFORMATION: Background information on actions taken to 
implement an earlier Order of the United States District Court for the 
District of Hawaii was published in the Federal Register on December 
27, 1999 (64 FR 72290) and on June 19, 2000 (65 FR 37917) and is not 
repeated here. In the near future, NMFS anticipates publishing 
regulations implementing the requirements of the Court's Order of 
August 4, 2000. This document is published to provide the public with 
notification of the requirements of that Order.
    On August 4, 2000, Judge David A. Ezra, U.S. District Court for the 
District of Hawaii, (Court) issued an Order Further Amending the Order 
Modifying Provisions of Order of Injunction (Order) in CMC v. NMFS. The 
Court ordered that:
    1. All Hawaii-based longline fishing activities, authorized under 
the FMP, are prohibited in an area north of the Hawaiian Islands 
bounded by 28 deg. N. lat. and 44 deg. N. lat., and between 150 deg. W. 
long. and 168 deg. W. long. This area, designated as ``Area A'', is 
essentially the current longline closed area (see 64 FR 72290, December 
27, 1999; 65 FR 37917, June 19, 2000).
    2. Effective August 10, 2000, all Hawaii-based longline fishing 
activities authorized under the FMP are restricted in two 
geographically separate areas north of the Hawaiian Islands bounded by 
(a) 28 deg. N. lat. and 44 deg. N. lat., and between 137 deg. W. long. 
and 150 deg. W. long.; and (b) 28 deg. N. lat. and 44 deg. N. lat., and 
between 168 deg. W. long. and 173 deg. E. long. In both these areas, 
which are collectively designated as ``Area B'', Hawaii-based longline 
fishing vessels are limited to a fleet-wide maximum of 154 longline 
sets between August 10, 2000 and December 31, 2000, and a maximum of 77 
longline sets between January 1, 2001 and March 14, 2001. All Hawaii-
based longline fishing is prohibited in Area B from the time period 
between March 15, 2001, and May 31, 2001.
    3. All Hawaii-based longline fishing vessels must have a NMFS-
approved observer on board while longline fishing in Area B. If 100 
percent observer coverage is not achieved, NMFS must immediately 
suspend all longline fishing activities in the area until full observer 
coverage is attained.
    4. Effective August 10, 2000, all Hawaii-based longline fishing 
vessels are prohibited from using longline gear to target Pacific 
broadbill swordfish (Xiphias gladius) (swordfish) in the area bounded 
by 28 deg. N. lat. and 0 deg. N. lat. (the equator), and between 
137 deg. W. long. and 173 deg. E. long. In this area, designated as 
``Area C'', longline fishing is restricted to tuna fishing only. In 
addition, longline fishing in Area C is prohibited from March 15 
through May 31. Furthermore, the landing in any port within the 
territory of the United States, or sale by any longline permit-holder 
or its agents, of any swordfish caught by a Hawaii longline vessel in 
Area C is limited, whereby any ``profits'' from the landing and sale of 
swordfish landed in this area must be donated to charity.
    5. All vessel operators must submit to NMFS, within 5 days from 
returning to port, a written report of any swordfish taken in Area C 
during that trip.
    6. By September 21, 2000, NMFS is required to achieve a 10 percent 
level of observer coverage for the longline fishery in Area C. By 
November 5, 2000, NMFS must attain a minimum observer coverage level of 
20 percent in the area. If at any time during these periods the 
observer coverage falls below the court-specified coverage levels, 
longline fishing must be suspended in Area C until the required 
coverage level is attained.
    7. On the first day of each month, NMFS must provide the Court and 
attorneys for the U.S. Government, plaintiffs, and Defender-Intervener 
copies of all observer reports prepared by NMFS approved observers.
    8. NMFS is directed to complete the EIS by April 1, 2001. NMFS may 
apply for a reasonable extension of the completion deadline upon a 
showing of good cause; however, if an extension is granted by the 
Court, all provisions of this Order will remain in effect until the EIS 
is completed.
    9. NMFS will continue to require every vessel registered with a 
Hawaii longline limited entry permit to carry and use NMFS-approved 
line clippers and dip nets to disengage any hooked or entangled sea 
turtles (final rule: 65 FR 16346, March 28, 2000); and
    10. NMFS will continue its research into the effects of several 
different gear modifications.
    The Order states that it shall remain in effect until further order 
of the Court or until the completion of the EIS.

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

    Dated: August 10, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries Service.
[FR Doc. 00-20687 Filed 8-10-00; 3:02 pm]
BILLING CODE 3510-22-F