[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14416-14418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2801]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060317076-6076-01; I.D. 031606D]
RIN 0648-AU41


Fisheries Off West Coast States and in the Western Pacific; 
Hawaii-based Shallow-set Longline Fishery

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

ACTION: Temporary rule; emergency action; request for comments.

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

SUMMARY: This emergency rule removes the delay in effectiveness for 
closing the Hawaii-based shallow-set longline fishery as a result of 
interaction limits for sea turtles. The intended effect of the 
emergency action is to afford enhanced protection for sea turtles via 
timely closure of the fishery.

DATES: Effective March 20, 2006 until September 18, 2006. Comments must 
be received no later than 5 p.m., local time, on April 19, 2006.

ADDRESSES: You may submit comments, identified by ``AU41'' by any of 
the following methods:
     E-mail: [email protected]. Include ``AU41'' in the 
subject line of the message.
     Federal e-Rulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: William L. Robinson, Administrator, Pacific Islands 
Region (PIR), NMFS, 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.
    In accordance with the Endangered Species Act, a Biological 
Opinion, dated

[[Page 14417]]

February 23, 2004, was prepared for this fishery which operates under 
the Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region (FMP). Also, in accordance with NEPA, an Environmental 
Impact Statement (EIS) dated March 30, 2001, and a Supplemental 
Environmental Impact Statement (SEIS) dated March 5, 2004, were 
prepared for this fishery under the FMP. Copies of the Biological 
Opinion, EIS and SEIS are available from William L. Robinson (see 
ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Robert Harman, PIR, phone: 808-944-
2271.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This emergency rule is accessible via the Internet at the Office of 
the Federal Register's Web site at www.gpoaccess.gov/fr/index.html.
    NMFS manages the pelagic longline fishery for swordfish, tunas and 
related species in the western Pacific region, according to the FMP, 
prepared by the Western Pacific Fishery Management Council (WPFMC) 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act. Regulations governing fishing by U.S. vessels in 
accordance with the FMP appear at subpart H of 50 CFR part 600 and at 
50 CFR part 660.
    The regulations at Sec.  660.33(b)(1) governing western Pacific 
pelagic fisheries establish maximum annual limits on the numbers of 
physical interactions that occur between longline fishing gear and sea 
turtles. These limits apply to physical interactions experienced by 
vessels registered under Hawaii longline limited-access permits while 
engaged in shallow-set longline fishing. There are calendar-year annual 
limits on physical interactions for two different turtle species, one 
for leatherback sea turtles set at 16, and one for loggerhead sea 
turtles set at 17.
    Interactions with turtles are monitored using data from scientific 
observers placed by NMFS aboard all vessels engaged in shallow-set 
longline fishing. NMFS is required to maintain 100 percent observer 
coverage in the Hawaii shallow-set longline fishery under the 2004 
Biological Opinion.
    The current regulations at Sec.  660.33(b)(2) prescribe that, as 
soon as the physical interaction limit for either of the two turtle 
species has been determined to have been reached in a given year, the 
shallow-set component of the Hawaii-based longline fishery must be 
closed by NMFS for the remainder of the calendar year, after giving 
permit holders at least seven days advance notice. Once that component 
of the fishery is closed, no vessel registered under a Hawaii longline 
limited-access permit may engage in shallow-set longline fishing north 
of the equator.
    Based on the best information available on fishing activity levels 
and anticipated turtle interaction rates at the time when the 
regulations were first implemented, the seven-day delay in 
effectiveness offered by the advance notice provision was thought to be 
adequate to provide notice of the fishery closure to vessels at sea. 
The delay was intended to give NMFS adequate time to notify permit 
holders and vessel operators of the closure, and to give operators 
adequate time to cease fishing and begin to return to port, while still 
affording adequate protection to sea turtles. Recent fishing activity 
levels and rates of turtle interactions have, however, been higher than 
expected, resulting in the fishery quickly approaching the limit on 
turtle interactions and the associated adverse impacts to turtle 
species. As of 4 P.M. Hawaii Standard Time (HST), March 17, 2006, the 
fishery reached the annual limit of 17 loggerhead turtles. To respond 
to the recent greater fishing activity and turtle interaction rates, 
and to prevent additional adverse impacts to turtles, immediate 
implementation of the fishery closure is required.
    Additionally, more effective means of providing notification to 
fishermen now exist. At the time when the current regulations were 
implemented, NMFS observers placed aboard longline vessels were not 
issued satellite telephones, and other communication methods were 
considered ineffective for notifying the fleet of a closure. Currently, 
however, NMFS observers carry satellite telephones and are placed on 
all vessels conducting shallow-set fishing trips. This makes immediate 
and effective communication possible between NMFS and each vessel at 
sea. When the fishery is closed, NMFS will notify the operator of each 
Hawaii-based vessel that is participating in the shallow-set fishery, 
directly via the communication devices available to the NMFS observer 
placed on the vessel, allowing for an immediate closure of the fishery, 
and resulting in enhanced protection of sea turtles. A notice of the 
fishery closure will also be published in the Federal Register and sent 
to each permit holder whose vessel is registered for use under a Hawaii 
limited access longline permit.
    At its 131st meeting on March 14, 2006, the WPFMC voted to request 
the Secretary of Commerce to initiate, via an emergency rule, a 
framework for the immediate closure of the Hawaii shallow-set longline 
fishery upon reaching the interaction limits for loggerhead or 
leatherback turtles.
    For the reasons stated above, 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 recently discovered 
circumstances, presents a serious management problem in the fishery, 
and the emergency rule realizes immediate benefits that outweigh the 
value of prior notice, opportunity for public comment, and deliberative 
consideration expected under the normal rulemaking process.
    NMFS issues this emergency rule, effective for not more than 180 
days, as authorized by section 305(c) of the Magnuson-Stevens Act. The 
emergency rule may be extended for an additional 180 days, provided the 
public has had an opportunity to comment on the emergency rule and 
provided the WPFMC is actively preparing proposed regulations to 
address the emergency on a permanent basis. Public comments on this 
emergency rule are invited and will be considered in determining 
whether to extend this emergency rule.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA) finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. Recent fishing activity levels and 
rates of turtle interactions have been higher than expected. As of 4 
P.M. HST, March 17, 2006, the fishery reached the annual limit of 17 
loggerhead turtles. Based on this information, NMFS is concerned that, 
under the current seven-day notice requirement, there will be 
insufficient time between when the observer data are collected about 
the number of turtle interactions in the fishery and the time the 
fishery closure must be implemented. Thus, it is impracticable for NMFS 
to delay implementing this action. If not implemented quickly, the 
number of allowable interactions will likely be exceeded, thereby 
imposing harm to the public interest in protecting these threatened and 
endangered turtle species. For the same reasons, the AA also finds good 
cause to waive the 30-day delay in the effective date of this action 
under 5 U.S.C. 553(d)(3).

[[Page 14418]]

    This emergency rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.

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.

    Dated: March 20, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

0
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

0
1. The authority citation for part 660 reads as follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 1531 et seq.

0
2. In Sec.  660.22, paragraphs (ss) and (tt) are added to read as 
follows:


Sec.  660.22  Prohibitions.

* * * * *
    (ss) Engage in shallow-setting from a vessel registered for use 
under a Hawaii longline limited access permit after the
    shallow-set component of the longline fishery has been closed 
pursuant to Sec.  660.33(b)(2), in violation of Sec.  660.33(i).
    (tt) Fail to immediately retrieve longline fishing gear upon 
receipt of actual notice that the shallow-set component of the longline 
fishery has been closed pursuant to Sec.  660.33(b)(2), in violation of 
Sec.  660.33(i).
* * * * *

0
3. In Sec.  660.33, paragraphs (b)(2)(i) and (ii) are suspended and 
paragraphs (b)(2)(iii) and (iv) are added to read as follows:


Sec.  660.33  Western Pacific longline fishing restrictions.

* * * * *
    (b) * * *
    (2) * * *
    (iii) As soon as practicable, the Regional Administrator will sign 
the closure notice and provide actual notice via telephone, satellite 
telephone, radio, electronic mail, facsimile transmission, or post, to 
all vessel operators and holders of Hawaii longline limited access 
permits, that the shallow-set component of the longline fishery is 
closed and that shallow-set longline fishing north of the equator by 
vessels registered for use under Hawaii longline limited access permits 
will be prohibited beginning on a specified date and time, and that all 
such fishing gear must be immediately removed from the water and the 
fishing trip terminated. As soon as practicable, the Regional 
Administrator will also file for publication at the Office of the 
Federal Register the notification that the sea turtle interaction limit 
has been reached. The notification will indicate that the Hawaii-based 
shallow-set component of the longline fishery is closed, and shallow-
set longline fishing north of the equator by vessels registered for use 
under Hawaii longline limited access permits was prohibited beginning 
on the specified date and time when notice was provided, until the end 
of the calendar year in which the sea turtle interaction limit was 
reached.
    (iv) Beginning on the fishery closure date and time indicated by 
the Regional Administrator in the notification provided to vessel 
operators and permit holders and published in the Federal Register 
under paragraph (b)(3)(iii) of this section, until the end of the 
calendar year in which the sea turtle interaction limit was reached, 
the Hawaii-based shallow-set component of the longline fishery shall be 
closed.
* * * * *
[FR Doc. 06-2801 Filed 3-20-06; 12:09 pm]
BILLING CODE 3510-22-S