[Federal Register Volume 65, Number 166 (Friday, August 25, 2000)]
[Rules and Regulations]
[Pages 51992-51996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21976]



[[Page 51991]]

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Part VI





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 660



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

  Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / Rules 
and Regulations  

[[Page 51992]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000822244-0244-01; I.D. 082100B]
RIN 0648-AO66


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 interim rule; notice of closure; request for 
comments.

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SUMMARY: As ordered by the U.S. District Court for the District of 
Hawaii, NMFS issues an emergency interim rule that closes certain 
waters in the central and north Pacific Ocean to longline fishing, 
imposes fishing gear restrictions, effort limits, fish sale 
restrictions, and catch reporting requirements, and requires increased 
observer coverage in the Hawaii-based pelagic longline fishery. This 
rule replaces an emergency interim rule issued by NMFS on December 23, 
1999, and subsequently extended on June 26, 2000. Like that rule, the 
intent of this rule is to reduce adverse impacts to sea turtles by the 
Hawaii longline fishery while NMFS prepares a comprehensive 
environmental impact statement (EIS) that analyzes the environmental 
effects of fishing activities conducted under the Fishery Management 
Plan for Pelagic Fisheries of the Western Pacific Region (FMP).

DATES: This emergency interim rule is effective August 25, 2000, 
through February 21, 2001. Comments must be received no later than 5 
p.m., local time, on October 10, 2000.

ADDRESSES: Written comments on this action must be mailed to Dr. 
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 the Internet. Copies of the environmental assessment (EA) and 
regulatory impact review (RIR) prepared for this action may be obtained 
from Dr. Charles Karnella, PIAO.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru at 808-973-2937.

SUPPLEMENTARY INFORMATION: On December 23, 1999, to comply with an 
order dated November 23, 1999, issued by the U.S. District Court for 
the District of Hawaii in the case Center for Marine Conservation v. 
NMFS, NMFS issued, under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), an emergency 
interim rule closing certain waters to fishing by the Hawaii-based 
pelagic longline fishery (64 FR 72290, December 27, 1999). That rule 
was extended on June 26, 2000, (65 FR 37917, June 19, 2000) for an 
additional 180 days, through December 27, 2000. The Court directed NMFS 
to prohibit all fishing activities of the Hawaii longline fishery in 
waters north of the Hawaiian Islands above 28 deg. N. lat. (between 
168 deg. W. long. and 150 deg. W. long.). That rule, like this 
emergency interim rule, was intended to reduce adverse impacts to sea 
turtles resulting from the activities of the Hawaii-based longline 
fishery while NMFS prepares a comprehensive EIS for the FMP.
    In the November 23 Order the Court also directed NMFS to analyze 
the temporal and spatial distribution of interactions between sea 
turtles and the Hawaii-based longline fleet, and report its findings to 
the Court. On May 5, 2000, NMFS presented its analysis to the Court and 
recommended modifications to the December 1999 time-area closure. The 
Court also received recommendations from the other parties, including 
the Defendant-Intervener Hawaii Longline Association (HLA) and 
plaintiffs in Center for Marine Conservation v.  NMFS. The objective of 
these recommendations, as stated in the Court's Order, was to have 
``appropriate time and area closures based upon the greatest benefit to 
the sea turtles and considering the costs to the Hawaii-based pelagic 
longline fishery.''
    On June 23, 2000, the Court issued an Order (Order Modifying 
Provisions of Order of Injunction), which was clarified on June 26, 
2000, requiring NMFS to establish, within 30 days, a different set of 
longline area closures, fishing effort restrictions (e.g., a cap of 636 
longline sets in ``Area A'', maximum 4-hour rest time) and 100 percent 
observer coverage for the entire fishery. However, on July 21, 2000 the 
Court issued a stay of the June 23 Order (Order Staying Amended Order 
Modifying Provisions of Order of Injunction) pending further 
consideration and action.
    On August 4, 2000, after hearing motions by NMFS and HLA for 
reconsideration of the June 23 Order, the Court issued an Order Further 
Amending Order Modifying Provisions of Order of Injunction. The August 
4th Order prohibits all Hawaii-based pelagic longline fishing 
activities throughout the year in waters between 28 deg. N. and 44 deg. 
N. lat., from 150 deg. W. to 168 deg. W. long.(``Area A''); limits 
longline fishing to a total of 154 sets from August 10 through December 
31, 2000, and a total of 77 sets from January 1 through March 14, 2001, 
and requires 100 percent observer coverage in waters between 28 deg. N. 
and 44 deg. N. lat., from 137 deg. W. to 150 deg. W. long., and in 
waters between 28 deg. N. and 44 deg. N. lat., from 168 deg. W. to 
173 deg. E. long. (both areas are collectively designated as ``Area 
B''); prohibits Hawaii-based pelagic longline fishing for swordfish in 
waters between 0 deg. (the equator) and 28 deg. N. lat., from 137 deg. 
W. to 173 deg. E. long. (``Area C''; limits sales or landings of 
swordfish such that profits from swordfish that were harvested in Area 
C and sold by the permit holder, or landed in any port in U.S. 
territory, must be donated to charity; directs NMFS to provide observer 
coverage for the longline fishery in Area C at a minimum level of 10 
percent by September 21, 2000, and 20 percent by November 7, 2000; 
requires vessel operators to report their swordfish catch from Area C 
to NMFS within 5 days following their return to port; and prohibits all 
longline fishing activities in Area B and Area C from March 15 through 
May 31. This emergency interim rule, issued under authority of section 
305(c) of the Magnuson-Stevens Act, implements the Court's August 4th 
Order and replaces the emergency interim rule issued on December 23, 
1999.
    Until NMFS has access to additional trained observers, NMFS expects 
the number of available observers to be insufficient to cover all the 
fishermen who will want to longline in Area B. Initially, observers 
will be assigned to vessels fishing in Area B, or any portion thereof, 
on a first-come-first-served basis relying on current regulations 
requiring permit holders or vessel operators to notify NMFS at least 72 
hours before their vessel leaves port on a fishing trip. Observers will 
be assigned according to the order that fishermen provide notice to 
NMFS via telephone. This assignment procedure will be employed as long 
as sufficient numbers of observers are available. However, in the event 
of an observer shortage, observers for Area B will be apportioned 
through a random selection process. Vessel owners or operators of 
vessels intending to fish in Area B will have the names of their 
vessels entered into an observer placement pool from which vessel names 
will be randomly drawn by computer to generate an observer placement 
list. The first vessel on the

[[Page 51993]]

list will be given the first opportunity to carry a NMFS observer, the 
second vessel on the list will be given the second opportunity, etc. 
After a vessel completes a fishing trip with an observer, that vessel 
will be moved to the end of the list. Any vessel owner may request the 
vessel be removed from the list altogether, or moved to the bottom of 
the list. The purpose of this limitation is to preserve opportunities 
for other vessels to take observers and fish in Area B.
    NMFS is required to increase observer coverage in Area C under a 
schedule prescribed by the Court. No later than 45 days following the 
date of entry of the Order (September 21, 2000), NMFS must have a 
minimum of 10 percent observer coverage in Area C, and no later than 90 
days from the date of the Order (November 7, 2000), the fishery must 
have at least a 20 percent observer coverage rate. Since NMFS is 
allowed some time to ramp up the observer coverage in Area C, the 
process for assigning observers to vessels fishing in Area C differs 
slightly from the process employed for Area B. Vessel owners or 
operators intending to fish in Area C after September 21, 2000, will 
have their vessels assigned observers on a random, sequential basis, 
e.g., one observer for every 8 vessels embarking on fishing trips to 
Area C. This process relies on the current pre-trip notification 
requirement under which permit holders or vessel operators must call 
NMFS regarding observer assignment at least 72 hours prior to leaving 
port for a fishing trip. The Regional Administrator will assign 
observers or provide written exemptions (waivers) for observer 
placement on a per trip basis consistent with the level of observer 
coverage required by the Court. A vessel may not fish in Area C unless 
there is an observer on board or the vessel has been issued a waiver. 
If a vessel that is assigned an observer fails to depart on its fishing 
trip within 72 hours of notification, the next vessel listed in 
accordance to the pre-trip notification list will be assigned the 
observer. A vessel that has been assigned an observer but failed to 
depart as intended will not be allowed to leave port on a fishing trip 
without an observer. Any vessel owner may request the vessel be removed 
from the list altogether, or moved to the bottom of the list. If at any 
time there is a shortage of available observers, the Regional 
Administrator will allow vessels to fish in Area C via a random 
selection process, similar to the one used for Area B, using a computer 
to randomly select vessels to generate a list of vessels that may go 
fishing.
    The Court Order contains a reporting requirement specific to 
swordfish caught by Hawaii-based longliners in Area C. A longline 
vessel operator must submit swordfish catch information to NMFS within 
5 days following the vessel's return to port. Under the FMP and its 
implementing regulations, operators of all vessels registered for use 
under the Hawaii longline limited access permit are currently required 
to complete daily longline logbooks. Catch and effort information on 
all longline-caught Pacific pelagic management unit species, including 
swordfish, is recorded on logbooks that must be submitted to NMFS 
within 72 hours from the vessel's return to port following each fishing 
trip (50 CFR 660.14). Therefore, no additional reporting requirement 
for the Hawaii longline fishery is established under this emergency 
interim rule.
    This rule bans the use of lightsticks by Hawaii-based longliners 
fishing in Area C to facilitate compliance with the Court's order 
prohibiting longliners from targeting swordfish. It is anticipated that 
a prohibition on lightsticks would reduce swordfish catch by as much as 
90 percent. This is based on the aggregated average catch rate for 
swordfish in Area C for all trip types (tuna, mixed, swordfish) during 
1998-99. The catch rate during this period was 7.4 swordfish per 1,000 
hooks when lightsticks were employed by longliners and 0.7 swordfish 
per 1,000 hooks without lightsticks. NMFS considered other approaches 
for prohibiting vessels from targeting swordfish in Area C, such as 
banning night setting of longline gear, banning the use of squid bait, 
or establishing a trip limit on swordfish. However, at this time, it 
appears that banning lightsticks in this fishery should facilitate 
compliance with the Court Order. NMFS will be monitoring the swordfish 
catch in Area C based on observer coverage and daily logbook reports of 
turtle takes and, if necessary, NMFS will impose additional measures to 
prohibit longline vessels from targeting swordfish in Area C.
    To comply with the Court's Order requiring that profits from the 
sale of swordfish caught incidentally in Area C be donated to an IRS-
approved charitable organization, this rule requires that 20 percent of 
the gross revenue (total sales price) of all such swordfish be donated 
to one or more organizations holding charitable status with the 
Internal Revenue Service. This 20 percent requirement is based on NMFS' 
analysis of data from tuna-targeted longline fishing trips in 1999. 
NMFS estimated from survey and logbook data that 20 percent of the ex-
vessel value of swordfish landed in Honolulu by Hawaii longline vessels 
targeting tuna can be considered profit (revenue less operating costs, 
including repairs). This profit amounts to roughly $55 per swordfish 
($0.41 per pound) or $2,800 per vessel annually. For the purpose of 
ensuring compliance with the Court Order, as authorized under Federal 
regulations implementing the FMP, NMFS will monitor the amount of 
swordfish landed through daily logbooks and fish dealer records on the 
sale or other transactions involving swordfish incidentally harvested 
from Area C.

Criteria for Issuing an Emergency Interim Rule

    This emergency interim rule meets NMFS policy guidelines for the 
use of emergency interim rules (62 FR 44421, August 21, 1997). Also, it 
realizes benefits 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's Order Further Amending Order Modifying Provisions of 
Order of Injunction was issued August 4, 2000; it requires NMFS to 
implement various restrictions on the Hawaii-based longline fishery 
within 3 days from the date of entry of the Order (August 7, 2000). 
Emergency action is necessary for NMFS to comply with the Order.

Immediate Benefits

    Although there are many variables that make it difficult to predict 
the effects of this fishery upon different sea turtle populations, NMFS 
anticipates the closure will have a positive benefit on sea turtles by 
reducing overall fishing effort and thereby reducing the number of 
turtles that might otherwise be taken by Hawaii-based longline vessels.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this emergency interim rule is necessary to comply with 
a valid order of the U.S. District Court for the District of Hawaii. 
The AA has also determined that this emergency interim rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    NMFS prepared an EA for this emergency interim rule that describes 
the impact on the human environment caused by this rule and found that 
no

[[Page 51994]]

significant impact would result. NMFS also prepared an RIR for this 
action which assesses the economic costs and benefits of the action. 
This emergency interim rule is of limited duration and is expected to 
result in a reduction of overall sea turtle interactions with longline 
fisheries. The Hawaii longline fishery was valued at $46.7 million in a 
1998 baseline. Under the assumption that displaced fishing effort that 
results from the Area A closure and Area B fishing restrictions is 
transferred into Area C tuna effort, the estimated loss of ex-vessel 
gross fishery revenues is 32 percent ($14.9 million) annually. At the 
other end of the extreme is a scenario in which all the displaced 
effort is totally removed from the fishery, which would result in an 
estimated decline in fishery revenues of 53 percent ($24.8 million) 
annually. The economic effect for the limited duration of these 
measures would be less, but due to a lack of data the actual economic 
impact cannot be calculated. Copies of the EA and RIR are available 
(see ADDRESSES).
    The AA finds that this emergency interim rule, which is being 
implemented under section 305(c) of the Magnuson-Stevens Act, must 
become effective immediately to comply with the August 4, 2000, amended 
Order issued by the U.S. District Court for the District of Hawaii. The 
Order requires that the various fishing restrictions and area closures 
in the Hawaii-based longline fishery be implemented within 3 days from 
the date of entry of the Order. Under section 305(c) of the Magnuson-
Stevens Act, this emergency interim 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 for good cause that providing prior notice and 
opportunity for public comment for this rule is unnecessary given that 
the Court ordered the specific actions contained in this rule, thus 
precluding implementation of any alternative, and is impracticable 
given the Court's deadline. Similarly, the AA finds, for good cause, 
under 5 U.S.C. 553(d)(3), that delaying the effectiveness of this rule 
for 30 days is impracticable given the Court's deadline. Accordingly, 
the AA is making this rule effective upon publication in the Federal 
Register.
    Because this emergency interim 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.
    This rule restates a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by the 
Office of Management and Budget (OMB) under control number 0648-0214. 
Public reporting burden for a pre-trip notification is estimated to 
average 5 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSESabove) and 
OMB at the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC, 20503 (Attention: NOAA Desk 
Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

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: August 23, 2000.
William T. Hogarth,
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, paragraphs (z), (aa), and (bb) are suspended, 
and new paragraphs (ee) through (jj) are added to read as follows:


Sec. 660.22  Prohibitions.

* * * * *
    (ee) Fish for Pacific pelagic management unit species with a vessel 
registered for use under a Hawaii longline limited access permit using 
longline gear within the Hawaii emergency closed areas in violation of 
Sec. 660.33(b)(1), (c)(1), (c)(4), (c)(5), or (d)(1).
    (ff) Use a receiving vessel registered for use under a receiving 
vessel permit 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 Hawaii emergency closed areas in 
violation of Sec. 660.33(b)(2), (c)(2), or (d)(2).
    (gg) Land or transship shoreward of the outer boundary of the EEZ 
around Hawaii Pacific pelagic management species that were harvested 
with longline gear within the Hawaii emergency closed areas in 
violation of Sec.  660.33(b)(3), (c)(3), or (d)(3).
    (hh) Use light sticks within the Hawaii emergency longline closed 
Area C in violation of Sec. 660.33(d)(4).
    (ii) Land or sell swordfish (Xiphias gladius) caught by longline 
gear within the Hawaii emergency longline closed Area C in violation of 
Sec. 660.33(d)(5).
    (jj) Use longline gear to fish for Pacific pelagic management unit 
species in Hawaii emergency longline closed Area B or Area C without a 
NMFS-approved observer aboard the vessel in violation of 
Sec. 660.33(e)(1) or (e)(2).
    3. In Sec. 660.23, paragraph (a) is suspended and new paragraph (c) 
is added to read as follows:


Sec. 660.23  Notifications.

* * * * *
    (c) The permit holder of a vessel registered for use with a Hawaii 
longline limited access permit or with an agent designated by the 
permit holder shall provide notice to the Regional Administrator at 
least 72 hours (not including weekends and holidays) before the vessel 
leaves port on a fishing trip, any part of which occurs in Area B or 
Area C, as described in Sec. 660.33(a)(2) or (a)(3). The vessel 
operator will be presumed to be an agent designated by the permit 
holder unless the Regional Administrator is otherwise notified by the 
permit holder. The notice must be provided to the telephone number 
designated by the Regional Administrator. The notice must provide the 
official number of the vessel, the name of the vessel, the intended 
departure date, time, and location, the name of and telephone number of 
the agent designated by the permit holder to be available between 8:00 
a.m. to 5 p.m. (Hawaii time) on weekdays for NMFS to contact in order 
to arrange observer placement.
    4. In Sec. 660.28, paragraph (c) is suspended.
    5. New Sec. 660.33 is added to subpart C to read as follows:

[[Page 51995]]

Sec. 660.33  Hawaii emergency closure.

    (a) Longline fishing restricted areas. (1) Area ``A'' as used in 
this section, is defined as all waters bounded on the south by 28 deg. 
N. lat., on the north by 44 deg. N. lat., on the east by 150 deg. W. 
long., and on the west by 168 deg. W. long. (see Figure 2 to this 
section).
    (2) ``Area B''as used in this section, is defined as all waters 
bounded on the south by 28 deg. N. lat., on the north by 44 deg. N. 
lat., on the east by 137 deg. W. long., and on the west by 150 deg. W. 
long; and all waters bounded on the south by 28 deg. N. lat., on the 
north by 44 deg. N. lat., on the east by 168 deg. W. long., and on the 
west by 173 deg. E. long. (see Figure 2 to this section ).
    (3) ``Area C'', as used in this section, is defined as all waters 
bounded on the south by 0 deg. latitude, on the north by 28 deg. N. 
lat., on the east by 137 deg. W. long., and on the west by 173 deg. E. 
long. (see Figure 2 to this section to this section).
    (b) Longline fishing restrictions in Area A. (1) A vessel 
registered for use under a Hawaii longline limited access permit may 
not use longline gear to fish for Pacific pelagic management unit 
species in Area A.
    (2) A vessel registered for use under a receiving vessel permit may 
not receive from another vessel Pacific pelagic management unit species 
in Area A.
    (3) A vessel registered for use under a Hawaii longline limited 
access permit or receiving vessel permit may not land or transship 
Pacific pelagic management unit species that were harvested with 
longline gear in Area A shoreward of the outer boundary of the EEZ 
surrounding Hawaii.
    (c)  Longline fishing restrictions in Area B. (1) A vessel 
registered for use under a Hawaii longline limited access permit may 
not use longline gear to fish for Pacific pelagic management unit 
species in Area B from March 15 through May 31.
    (2) A vessel registered for use under a receiving vessel permit may 
not receive from another vessel Pacific pelagic management unit species 
in Area B from March 15 through May 31.
    (3) A vessel registered for use under a Hawaii longline limited 
access permit or receiving vessel permit may not land or transship 
Pacific pelagic management unit species that were harvested with 
longline gear in Area B shoreward of the outer boundary of the EEZ 
surrounding Hawaii.
    (4) From August 7 through December 31, 2000, the number of longline 
sets allowed in Area B is limited to a total of 154 sets.
    (5) From January 1 through March 14, 2001, the number of longline 
sets allowed in Area B is limited to 77 sets.
    (6) Between August 7 through December 31, 2000, the Regional 
Administrator shall prohibit the use of longline gear to fish for 
Pacific pelagic management unit species on the date and time that an 
estimated 154 longline sets will have been made in Area B.
    (7) Between January 1 through March 14, 2001, the Regional 
Administrator shall prohibit the use of longline gear to fish for 
Pacific pelagic management unit species on the date and time that an 
estimated 77 longline sets will have been made in Area B.
    (8) The Regional Administrator shall determine on the basis of 
available data when the maximum number of sets will be reached in Area 
B.
    (9) The Regional Administrator will notify each permit holder and 
each operator of vessels fishing in Area B when further use of longline 
gear to fish for Pacific pelagic management unit species in Area B is 
prohibited.
    (10) At least 24 hours advance notice will be given of the 
effective date and time after which the use of longline gear to fish 
for Pacific pelagic management unit species in Area B is prohibited, as 
prescribed in paragraph (c)(9) of this section.
    (d) Longline fishing restrictions in Area C. (1) A vessel 
registered for use under a Hawaii longline limited access permit may 
not use longline gear to fish for Pacific pelagic management unit 
species in Area C from March 15 through May 31.
    (2) A vessel registered for use under a receiving vessel permit may 
not receive from another vessel Pacific pelagic management unit species 
in Area C from March 15 through May 31.
    (3) Landing or transshipping Pacific pelagic management unit 
species, that were harvested with longline gear in Area C from March 15 
through May 31, shoreward of the outer boundary of the EEZ surrounding 
Hawaii is prohibited.
    (4) A vessel registered for use under a Hawaii longline limited 
access permit may not use lightsticks in Area C.
    (5) Within 30 days of each landing of swordfish caught by longline 
gear in Area C, the permit holder or operator of a vessel registered 
for use under a Hawaii longline limited access permit must donate to 
charity at least 20 percent of the total proceeds from the sale of such 
swordfish.
    (6) For the purpose of this section, ``charity'' means an entity to 
which a taxpayer can contribute and deduct the value of any such 
contribution from taxable income as a ``charitable contribution'' as 
defined by the Internal Revenue Code at 26 U.S.C. 170(c).
    (e) Emergency closure at-sea observer coverage. (1) A vessel 
registered for use under a Hawaii longline limited access permit may 
not use longline gear to fish for Pacific pelagic management unit 
species in Area B without a NMFS-approved observer aboard the vessel.
    (2) A vessel registered for use under a Hawaii longline limited 
access permit may not use longline gear in Area C without a NMFS-
approved observer aboard the vessel, unless it is issued a written 
exemption on a per trip basis by the Regional Administrator.
    (3) The Regional Administrator may assign NMFS-approved observers 
to vessels registered for use under Hawaii longline permits:
    (i) Based on notice provided by the permit holder or by an agent 
designated by the permit holder to the Regional Administrator according 
under Sec. 660.23(c); or
    (ii) According to a list containing vessel names randomly ordered 
by the Regional Administrator.
    (4) When NMFS notifies the permit holder or the designated agent of 
the obligation to carry an observer as required under this section, the 
vessel may not engage in the fishery without taking the observer.
    (5) An operator of a vessel registered for use under a Hawaii 
longline limited access permit must immediately terminate longline 
fishing in Area C while at sea upon notification by the Regional 
Administrator that the level of observer coverage is below the 10 
percent or 20 percent level of observer coverage established by NMFS.
    (6) An operator of a vessel registered for use under a Hawaii 
longline limited access permit that has been notified by the Regional 
Administrator as described in paragraph (e)(5) of this section is 
prohibited from using longline gear in Area C for the remainder of the 
trip, unless notified by the Regional Administrator that the 
prohibition has been removed for the vessel.
Billing Code: 3510-22-S

[[Page 51996]]

[GRAPHIC] [TIFF OMITTED] TR25AU00.015

Figure 2 to Sec. 660.33--Longline Fishing Restricted Areas

[FR Doc. 00-21976 Filed 8-24-00; 10:31 am]
Billing Code: 3510-22-C