[Federal Register Volume 66, Number 76 (Thursday, April 19, 2001)]
[Notices]
[Page 20134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9646]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 040901B]


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 Modifying Injunction 
(Order) of the United States District Court for the District of Hawaii 
issued on March 30, 2001.

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

SUMMARY:  This document announces the terms of the March 30, 2001, 
Order of the United States District Court for the District of Hawaii. 
This Order modifies the Court's previous Order of August 4, 2000. The 
Order restricts the Hawaii-based longline fishery (Hawaii longline 
fishery) based on the preferred alternative of the Final Environmental 
Impact Statement (FEIS) governing the Hawaii longline fishery conducted 
under the Fishery Management Plan for Pelagic Fisheries of the Western 
Pacific Region (FMP). The new Hawaii longline fishery management 
measures are intended to protect and conserve sea turtles.

FOR FURTHER INFORMATION CONTACT:  Alvin Katekaru, Fishery Management 
Specialist, Pacific Islands Area Office (PIAO), 808-973-2937.

SUPPLEMENTARY INFORMATION:  Background information on actions taken to 
implement earlier orders of the United States District Court for the 
District of Hawaii in Center for Marine Conservation  v. NMFS was 
published in the Federal Register on December 27, 1999 (64 FR 72290), 
on March 28, 2000 (65 FR 16346), on June 19, 2000 (65 FR 37917), on 
August 25, 2000 (65 FR 51992), on November 3, 2000 (65 FR 66186), on 
February 22, 2001 (66 FR 11120) and on March 19, 2001 (66 FR 15358) and 
is not repeated here. The other regulations in 50 CFR parts 600 and 660 
applicable to this fleet continue to apply. In the near future, NMFS 
anticipates publishing emergency interim regulations implementing the 
requirements of the Hawaii District Court's Order of March 30, 2001. 
This document is published to provide the public with notification of 
the requirements of the recent Court Order.
    On March 30, 2001, Judge David A. Ezra, U.S. District Court for the 
District of Hawaii (Court), issued an Order in Center for Marine 
Conservation v. NMFS, in response to NMFS filing an FEIS for the 
Pelagic Fisheries of the Western Pacific Region by a deadline set in 
the Court's August 4, 2000, Order. The Court ordered that the following 
restrictions be imposed on Hawaii longline fishermen:
    1. No vessel registered for use with a Hawaii longline limited 
access permit (``Hawaii longline vessel'') may use longline fishing 
gear to target swordfish north of the equator. Longline gear must 
always be deployed such that the deepest point of the main longline 
between any two floats, i.e., the deepest point in each sag of the main 
line, is at a depth greater than 100 m (328.1 ft or 54.6 fm) below the 
sea surface.
    2. No Hawaii longline vessel may fish with longline gear from April 
1, 2001, through May 31, 2001, in the area bounded on the south by the 
equator, on the west by 180 deg. W. long., on the east by 145 deg. W. 
long., and on the north by 15 deg. N. lat.
    3. A Hawaii longline vessel that is de-registered from a Hawaii 
longline limited access permit after March 29, 2001, may not be 
registered again with a Hawaii longline limited access permit, except 
during the month of October.
    4. If a sea turtle is discovered hooked or entangled on a longline 
during gear retrieval, retrieval shall cease until the turtle has been 
removed from the gear or brought onto the vessel's deck.
    5. Hooks must be removed from the sea turtles as quickly and 
carefully as possible. If a hook cannot be removed, the line must be 
cut as close to the hook as possible.
    6. Wire or bolt cutters capable of cutting through a longline hook 
must be on board each vessel to facilitate cutting of hooks imbedded in 
sea turtles.
    7. The vessel operator shall bring comatose sea turtles on board 
the vessel and perform resuscitation as prescribed in 50 CFR 
223.206(d)(1).
    The Order shall remain in effect until further order of the Court.

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

    Dated: April 13, 2001.
 Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-9646 Filed 4-13-01; 3:57 pm]
BILLING CODE 3510-22-S