[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Rules and Regulations]
[Pages 15358-15359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6763]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000822244-1060-03; 
I.D. 030201B]
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; notification of closure; clarification 
of closure requirements; request for comments.

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SUMMARY: NMFS announces that the limit on the number of longline sets 
specified for Hawaii longline fishing restricted Area B, from January 
1, 2001, through March 14, 2001, will not be reached. Therefore, NMFS 
will allow longline fishing to continue in Area B through March 14, 
2001. Further, NMFS clarifies that from March 15, 2001 through May 31, 
2001, the use of longline gear by vessels registered for use under 
Hawaii longline limited access permits (Hawaii-based longliners) is 
prohibited everywhere. Closure of Hawaii's longline fishery takes 
effect at 0001 hours local time (l.t.) on March 15, 2001, at which time 
all Hawaii longliners at sea must have ceased fishing operations, 
removed their longline gear from the water, and be in active transit to 
the next port of call.

DATES: This emergency interim rule is effective from March 14, 2001 
through August 20, 2001.

ADDRESSES: Send comments regarding any ambiguity or unnecessary 
complexity arising from the language used in this rule to Dr. Charles 
Karnella, NMFS, Pacific Islands Area Office (PIAO), 1601 Kapiolani 
Blvd., Suite 1110, Honolulu, HI 96814-4700.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, PIAO, at 808-973-2935, 
ext. 207.

SUPPLEMENTARY INFORMATION: Emergency interim measures (66 FR 11120, 
February 22, 2001) governing the Hawaii-based longline fishery require 
the NMFS Southwest Region Regional Administrator to inform Hawaii-based 
longliners when further use of longline gear to fish for Pacific 
pelagic management unit species is prohibited in Hawaii Longline 
Fishing Restricted Area B (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.). Based 
on longline observer information, the total amount of longline fishing 
effort expended by Hawaii-based longliners in Area B through March 14, 
2001, will be close to, but less than, the limit of 77 longline sets 
allowed in the area; therefore, closure of Area B will coincide with 
closure of the Hawaii-based longline fishery on March 15, 2001.
    At present, emergency measures prohibit the use of longline gear in 
Hawaii Longline Fishing Restricted Area A (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.). For Area B 
(previously described) and Hawaii Longline Fishing Restricted Area C 
(waters bounded on the south by 0 deg. lat., 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.), longline fishing is prohibited from March 15, 2001, through May 
31, 2001. Closure of Areas B and C, in addition to the currently closed 
Area A, is intended to comply with an order issued by the U.S. District 
Court for the District for Hawaii (Order Further Amending Order 
Modifying Provisions of Order of Injunction, August 4, 2000) in Center 
for Marine Conservation v. NMFS, Civ. No. 99-00152. Under the Order, 
longline fishing by Hawaii-based longliners is prohibited from March 
15, 2001, through May 31, 2001.
    When the emergency interim measures to close the Hawaii longline 
fishery were initially promulgated on August 25, 2000 (65 FR 51992), 
NMFS surmised that closing the longline fishing restricted areas, which 
encompass about 10 million square miles of the central and western 
Pacific Ocean, from March 15, 2001, through May 31, 2001, would 
effectively close the fishery. However, longline logbook information 
from August 1, 2000, through December 31, 2000, indicates that Hawaii 
longliners made at least 28 longline sets (19 sets east of 147 deg. W. 
longitude and 9 sets west of 173 deg. E. longitude) outside Areas A, B, 
and C. In this emergency interim rule, NMFS makes clear that the use of 
longline gear by Hawaii-based longliners is prohibited everywhere, 
inside and outside Areas A, B, and C.
    The emergency interim rule also clarifies that closure of the 
Hawaii longline fishery takes effect at 0001 hours l.t. on March 15, 
2001, at which time all Hawaii-based longliners must have ceased 
fishing operations, removed their longline gear from the water, and be 
in active transit to their next port of call.
    This emergency interim rule is authorized under section 
305(c)(3)(B) of the Magnuson-Stevens Fishery Conservation and 
Management Act.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that clarification of the emergency interim rule is 
necessary to comply with a valid order of the U.S. District Court.
    The AA finds for good cause that providing prior notice and 
opportunity for public comment for this action is unnecessary given 
that the Court ordered the specific actions contained in this emergency 
interim rule, thus precluding implementation of any alternative, and is 
impracticable given the Court's deadline to close the fishery on March 
15, 2001. Similarly, the AA finds, for good cause, under 5 U.S.C. 
553(d)(3), that delaying the effectiveness of this emergency interim 
rule for 30 days is impracticable given the Court's deadline. 
Accordingly, the AA is making this emergency interim rule effective 
from March 14, 2001 through August 20, 2001.
    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 emergency interim rule has been determined to be not 
significant for purposes of Executive Order 12866.
    The President has directed Federal Agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language

[[Page 15359]]

used in this emergency interim rule. (see ADDRESSES).

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: March 14, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR is amended as 
follows:

PART 660--FISHERIES OFF THE WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    2. In Sec.  660.22, paragraph (ee) is revised 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 in violation of Sec.  660.33(a)(4), (b)(1), (c)(1), 
(c)(4), (c)(5), or (d)(1).
* * * * *

    3. In Sec.  660.33, new paragraph (a)(4), is added to read as 
follows:


Sec.  660.33  Hawaii emergency closure.

* * * * *
    (a) * * *
    (4) 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 from March 15 through May 31, 2001.
* * * * *
[FR Doc. 01-6763 Filed 3-14-01; 4:12 pm]
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