[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Rules and Regulations]
[Pages 72643-72644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 080225267-91393-03]
RIN 0648-XA370


Western Pacific Pelagic Fisheries; Closure of the Hawaii Shallow-
Set Pelagic Longline Fishery Due To Reaching the Annual Limit on Sea 
Turtle Interactions

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS closes the shallow-set pelagic longline fishery north of 
the Equator for all vessels registered under the Hawaii longline 
limited access program. The shallow-set fishery has reached the 2011 
limit on physical interactions with sea turtles, so the fishery must be 
closed for the remainder of the calendar year. This action is necessary 
to comply with regulations that govern the pelagic fisheries in the 
western Pacific that establish maximum annual limits on the numbers of 
interactions that occur between longline fishing gear and sea turtles.

DATES: Effective 9:33 a.m. (0933 hrs) Hawaii-Aleutian Standard Time 
(HST) on November 18, 2011, through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, NMFS PIR, (808) 944-
2272.

SUPPLEMENTARY INFORMATION: The shallow-set pelagic longline fishery for 
swordfish in the western Pacific is managed according to the Fishery 
Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region 
(FEP), developed by the Western Pacific Fishery Management Council, and 
implemented by NMFS under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act. Regulations governing fishing by U.S. 
vessels in accordance with the FEP

[[Page 72644]]

appear at 50 CFR part 665 and at subpart H of 50 CFR part 600.
    The regulations at Sec.  665.813(b)(1) 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 with 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 (Dermochelys coriacea) set at 16, and one for loggerhead sea 
turtles (Caretta caretta) 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.  665.813(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 immediately remove all longline 
fishing gear from the water. Once the shallow-set fishery is closed, 
all vessels registered under Hawaii longline limited-access permits are 
prohibited from shallow-set longline fishing north of the Equator.
    In accordance with Sec.  665.813(b)(2), the Regional Administrator, 
NMFS Pacific Islands Region, has determined that the 2011 interaction 
limit of 16 leatherback turtles has been reached. Consequently, NMFS 
closed the shallow-set component of the Hawaii-based longline fishery 
at 9:33 a.m. (0933 hrs) Hawaii-Aleutian Standard Time (HST) on November 
18, 2011. This closure ends at midnight (2400 hrs) HST on December 31, 
2011.

Classification

    This action is required by Sec.  665.813(b)(2) and is exempt from 
review under Executive Order 12866.
    This action responds to the best available information obtained 
from the fishery. Pursuant to 5 U.S.C. 553(b)(B), there is good cause 
to waive prior notice and an opportunity for public comment on this 
action, as notice and comment would be impracticable and contrary to 
the public interest. Closure of the fishery must be implemented 
immediately so that the number of allowable sea turtle interactions 
established under the Endangered Species Act is not exceeded, thereby 
imposing harm to the public interest in protecting these turtle 
species. For the same reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

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

    Dated: November 18, 2011.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-30386 Filed 11-21-11; 4:15 pm]
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