[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Proposed Rules]
[Pages 1700-1702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-459]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 061227341-6341-01; I.D. 120406A]
RIN 0648-AU99
Fisheries in the Western Pacific; Hawaii Shallow-set Longline
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule would permanently remove the 7-day delay in
effectiveness when closing the Hawaii-based shallow-set longline
fishery as a result of reaching interaction limits for sea turtles.
This action would allow immediate closure of the fishery, and would
enhance protection of sea turtles.
DATES: Comments on the proposed rule must be received by January 31,
2007.
ADDRESSES: You may submit comments, identified by ``AU99'' by any of
the following methods:
E-mail: [email protected]. Include ``AU99'' 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, NMFS Pacific
Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814.
In accordance with the Endangered Species Act, a Biological
Opinion, dated February 23, 2004, was prepared for the longline
fishery, which operates under the Fishery Management Plan for the
Pelagic Fisheries of the Western Pacific Region (FMP). Copies of the
Biological Opinion are available from William L. Robinson (see
ADDRESSES).
Copies of the regulatory amendment may be obtained from Kitty M.
Simonds, Western Pacific Fishery Management Council (WPFMC), 1164
Bishop St. 1400, Honolulu, HI 96813.
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is also accessible via the World
Wide Web at the Office of the Federal Register: www.gpoaccess.gov/fr/index.html.
Background
The Hawaii-based pelagic longline fishery for swordfish, tunas, and
related species is managed under the Fishery Management Plan for
Pelagic Fisheries of the Western Pacific Region (Pelagics FMP). The
Pelagics FMP was developed by the WPFMC under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
governing fishing by U.S. vessels in accordance with the Pelagics FMP
appear at 50 CFR part 665 and subpart H of 50 CFR part 600.
The regulations at Sec. 665.33(b)(1) establish maximum annual
limits on the numbers of interactions that occur between longline
fishing operations 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
species of sea turtles, one for leatherback sea turtles set at 16, and
one for loggerhead sea turtles set at 17.
NMFS is required by the 2004 Biological Opinion to maintain 100-
percent observer coverage in the Hawaii shallow-set longline fishery.
Interactions with turtles are monitored using data from scientific
observers placed by NMFS aboard all vessels engaged in shallow-set
longline fishing.
The current regulations at Sec. 665.33(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.
The 7-day delay was intended to give NMFS adequate time to notify
permit holders and vessel operators of the fishery closure. 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 7-day delay in effectiveness offered by the
advance notice provision was thought to provide adequate protection to
sea turtles, while also providing adequate notice of the fishery
closure to vessels at sea. At the time when the current regulations
were implemented, NMFS observers placed aboard longline vessels were
not issued
[[Page 1701]]
satellite telephones, and other communication methods were considered
ineffective for notifying vessels at sea of a closure. More effective
means of providing notification to active fishermen now exist; NMFS
observers carry satellite telephones that enable effective
communications between NMFS and each shallow-set vessel at sea.
Fishing activity levels and rates of turtle interactions in early
2006 were higher than expected, resulting in the fishery quickly
reaching the limit on turtle interactions. To respond to the greater
fishing activity and turtle interaction rates, and to prevent
additional adverse impacts to turtles, fishery closure was facilitated
by issuance of an emergency rule that suspended the 7-day delay in
effectiveness for closing the fishery. The emergency rule that
suspended the delay in effectiveness in closing the fishery was
effective on March 20, 2006 (71 FR 14416, March 22, 2006). When the
2006 fishery was closed, NMFS notified the operator of each Hawaii-
based shallow-set longline vessel, directly via the satellite telephone
carried by the NMFS observer placed on the vessel. This allowed for
immediate closure of the fishery. The limit on turtle interactions was
not exceeded, maximizing protection to the turtles. To implement the
closure, NMFS published a notice that closed the fishery, effective
from March 20, 2006, through December 31, 2006 (71 FR 14824, March 24,
2006). NMFS subsequently published a notice extending until March 19,
2007, the emergency rule that suspends the advance notice provision (71
FR 54759, September 19, 2006).
At its 135\th\ meeting on October 18, 2006, the WPFMC voted to
recommend to NMFS that the regulations governing the notification to
close the fishery be amended to permanently remove the 7-day delay in
effectiveness. The amended regulations would close the shallow-set
fishery immediately upon reaching either limit on turtle interactions.
The WPFMC developed a regulatory amendment, which may be obtained from
Kitty M. Simonds (see ADDRESSES). Copies of the regulatory amendment,
environmental assessment, regulatory impact review, and initial
regulatory flexibility analysis (IRFA) may be obtained from William L.
Robinson (see ADDRESSES).
Classification
NMFS has determined that the proposed rule is consistent with the
Pelagics FMP and has preliminarily determined that the rule is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if promulgated, would have on small entities. A
description of the proposed action, why it is being considered, and the
objectives of and legal basis for the rule are described at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. There are no recordkeeping or reporting requirements
associated with this proposed rule.
This proposed rule considered four alternative management measures
including the proposed Alternative 2, which modifies existing
regulations to close the shallow-set fishery immediately upon reaching
a turtle interaction limit. Alternative 1, the no-action alternative,
would continue to include a 7-day delay in effectiveness when closing
the fishery. Alternative 3 would modify existing regulations to close
the fishery immediately upon reaching the turtle interaction limit,
plus change the fishing year with regards to monitoring the limit on
sea turtle interactions. Alternative 4 would modify existing
regulations to close the fishery immediately upon reaching the turtle
interaction limit, plus utilize short-term time/area closures to
decrease the number of turtle interactions and lengthen the fishing
season.
Based on recent levels of participation in the shallow-set longline
fishery, it is estimated that approximately 35 shallow-set longline
vessels may be affected by this rulemaking. All are considered to be
small entities as defined by the Small Business Administration (SBA) as
follows: any fish-harvesting business is a small business if it is
independently owned and operated and not dominant in its field of
operation and has annual receipts not in excess of $4 million.
Because all vessels are considered to be small entities, there are
no disproportionate economic impacts between small and large vessels
resulting from this proposed rule. Furthermore, there are no
disproportionate impacts among the affected population of small
entities based on vessel size, fishing gear, or geographical
considerations, e.g., home port.
Based upon an estimated net revenue of $3,099 per set, and assuming
that one set per day is the norm, the range of potential reduction in
net revenues to individual swordfish vessels resulting from the
implementation of the proposed Alternative 2 would be from $0 to
$21,693 per closure, associated with a potential loss of 0-7 fishing
days per vessel, respectively.
The relative impact of a closure on annual returns from the
swordfish fishery would depend on how quickly the fishery is closed in
any one year. For example, if the fishery was closed after 63 days,
there would be an estimated 10 percent reduction in potential annual
net revenues. If the fishery was closed after 133 days, there would be
an estimated 5.0 percent reduction. After 273 days, an estimated 2.5
percent reduction would result, and so on. These projections assume
that all shallow-set certificates were being utilized.
The loss in revenues could be mitigated by providing vessels with
an early warning of projected closures, thus allowing the affected
vessels to better plan for fishing operations. Better planning would
avoid unnecessary trip preparation and allow the opportunity to change
gear for fishing in alternative longline fisheries, such as the Hawaii-
based deep-set (tuna) longline fishery. Alternative 1 (no action) would
prevent direct economic losses to affected vessels. However, this
alternative would not provide adequate protection to sea turtles.
Alternatives 3 and 4 could partially mitigate the economic impacts to
small entities associated with the proposed alternative by lengthening
the fishing season, which would distribute landings to avoid flooding
the market and allowing for price stability. The small entities also
would be better able to plan their fishing operations, especially if
they participate in another fishery when not targeting swordfish, and
mitigate adverse economic impacts, such as unreasonably low prices,
which can arise from the market becoming flooded as the fishery is
closed and all vessels return to port. Because the high turtle
interaction rates experienced in the 2006 fishing year may have been an
anomaly, and in future years the fishery may not reach either turtle
interaction limit, the time/area closures as proposed in Alternative 4,
and the shifting of the shallow-set fishing season as proposed in
Alternative 3 are not preferred at this time.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
[[Page 1702]]
Reporting and recordkeeping requirements.
Dated: January 10, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 665 is
proposed to be amended as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
l. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 665.22, revise paragraphs (ss) and (tt) to read as
follows:
Sec. 665.22 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.
665.33(b), in violation of Sec. 665.33(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. 665.33(b), in violation of
Sec. 665.33(i).
* * * * *
3. In Sec. 665.33, remove paragraphs (b)(2)(iii) and (iv), and
revise paragraphs (b)(2)(i) and (ii) to read as follows:
* * * * *
Sec. 665.33 Western Pacific longline fishing restrictions
* * * * *
(b) * * *
(2) * * *
(i) As soon as practicable, the Regional Administrator will file
for publication at the Office of the Federal Register a notification of
the sea turtle interaction limit having been reached. The notification
will include an advisement that the shallow-set component of the
longline fishery shall be 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 at a
specified date, until the end of the calendar year in which the sea
turtle interaction limit was reached. Coincidental with the filing of
the notification, the Regional Administrator will also provide actual
notice that the shallow-set component of the longline fishery shall be
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 at a specified date, to all holders of
Hawaii longline limited access permits via telephone, satellite
telephone, radio, electronic mail, facsimile transmission, or post.
(ii) Beginning on the fishery closure date 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)(i) 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. E7-459 Filed 1-12-07; 8:45 am]
BILLING CODE 3510-22-S