[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Rules and Regulations]
[Page 14824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2883]



[[Page 14824]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 060317076-6076-01; I.D. 032006E]
RIN 0648-AU41


Fisheries off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Fishery Closure

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the shallow-set pelagic longline fishery north 
of the equator for all vessels registered under the Hawaii longline 
limited access program. This action is necessary to comply with 
regulations that govern the pelagic fisheries of the western Pacific 
region that establish maximum annual limits on the numbers of 
interactions that occur between longline fishing gear and sea turtles. 
The 2006 annual limit on physical interactions between longline fishing 
and sea turtles has been reached, so the fishery must be closed for the 
remainder of the calendar year.

DATES: Effective 7:09 a.m. (0709 hrs) Hawaii Standard Time (HST) on 
March 20, 2006, through 11:59 p.m. (2359 hrs) HST on December 31, 2006.

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

SUPPLEMENTARY INFORMATION: NMFS manages the pelagic longline fishery 
for swordfish, tunas and related species in the western Pacific region, 
according to the Fishery Management Plan for the Pelagic Species of the 
Western Pacific Region, prepared by the Western Pacific Fishery 
Management Council 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 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, i.e., fishing that is directed 
at swordfish. There are two calendar-year annual limits on physical 
interactions, 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.
    The regulations at Sec.  660.33(b)(2) prescribe that, as soon as 
the 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 for the 
remainder of the calendar year, after giving permit holders and 
operators actual notice of the closure. Upon receiving actual notice 
from NMFS, fishermen are required to remove all longline fishing gear 
from the water and immediately terminate their fishing trip. Once the 
shallow-set component of the fishery is closed, it is prohibited for 
any vessel registered under a Hawaii longline limited-access permit to 
engage in shallow-set longline fishing north of the equator.
    In accordance with Sec.  660.33(b)(2), the Regional Administrator, 
Pacific Islands Region, NMFS, has determined that the 2006 interaction 
limit of 17 loggerhead turtles has been reached. Consequently, NMFS 
closed the shallow-set component of the Hawaii-based longline fishery 
at 7:09 a.m. (0709) HST on March 20, 2006. This closure ends at 11:59 
pm (2359 hrs) HST on December 31, 2006.

Classification

    This action responds to the best available information 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. Given the ability of the fishery to suddenly reach 
and exceed the low limit on turtle takes, it is impracticable for NMFS 
to delay implementing the closure. There is insufficient time between 
when the observer data are collected as to the number of turtle 
interactions in the fishery and the time the fishery closure must be 
implemented. If not implemented quickly, the number of allowable 
interactions will likely be exceeded, thereby imposing harm to the 
public interest in protecting these 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).
    This action is required by Sec.  660.33(b)(2) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 20, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-2883 Filed 3-21-06; 2:00 pm]
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