[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33848-33851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15332]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

RIN 0648-XG334


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; Closure of Southern Exclusion Zone

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

ACTION: Temporary rule; area closure; request for comments.

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SUMMARY: NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set 
longline fishing through December 31, 2018, for all vessels registered 
under the Hawaii longline limited access program, as a result of the 
fishery reaching the established annual trigger of two observed false 
killer whale mortalities or serious injuries (M&SI) in the fishery

[[Page 33849]]

within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This 
action is necessary to comply with False Killer Whale Take Reduction 
Plan (Plan) regulations that establish the SEZ closure trigger and 
procedures to limit M&SI of false killer whales in the Hawaii deep-set 
longline fishery.

DATES: Effective July 24, 2018, through December 31, 2018.
    NMFS must receive comments by August 17, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0085, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0085. Click the 
``Comment Now'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), attention 
Kevin Brindock, Protected Resources, 1845 Wasp Blvd., Bldg. 176, 
Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Kevin Brindock, Protected Resources, 
NMFS Pacific Islands Regional Office, 808-725-5146, 
[email protected]; or Kristy Long, NMFS Office of Protected 
Resources, 301-526-4792, [email protected].

SUPPLEMENTARY INFORMATION: The False Killer Whale Take Reduction Plan 
(Plan) was implemented on December 31, 2012, pursuant to section 118(f) 
of the Marine Mammal Protection Act (MMPA) to reduce the level of 
incidental M&SI of the Hawaii pelagic and Hawaii insular stocks of 
false killer whales in the Hawaii longline fisheries (77 FR 71260; 
November 29, 2012). The Plan, based on consensus recommendations from 
the False Killer Whale Take Reduction Team, included the creation of an 
SEZ that would be closed to deep-set longline fishing if a certain 
number (trigger) of false killer whale M&SI are observed in the deep-
set fishery in the EEZ. As described in the Plan regulations (50 CFR 
229.37(d)(2)), the SEZ is bounded on the east at 154[deg] 30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Fig. 1). The trigger for closing the SEZ is 
two observed false killer whale M&SI in the deep-set longline fishery.

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[GRAPHIC] [TIFF OMITTED] TR18JY18.006

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    NMFS-certified fishery observers documented a total of four false 
killer whales hooked and released injured during deep-set trips in the 
U.S. EEZ, one each on February 8, May 23, May 24, and June 3, 2018. 
NMFS followed the procedures outlined in the final rule and criteria in 
the NMFS process for distinguishing serious from non-serious injuries 
of marine mammals (NMFS Policy Directive PD 02-238 and NMFS Instruction 
02-238-01) to evaluate these injuries, and determined that all four 
were serious injuries. Therefore, NMFS has determined that the SEZ 
trigger (i.e., two M&SI) has been met, and closing the SEZ to deep-set 
longline fishing is required to comply with the Plan.
    In accordance with 50 CFR 229.37(e)(6), NMFS must publish 
notification that the SEZ will be closed to deep-set longline fishing 
beginning at a specified date, which is not earlier than 7 days and not 
later than 15 days after the date of filing the closure notice for 
public inspection at the Office of the Federal Register, until the end 
of the fishing year in which the trigger is reached. During the 
closure, it is prohibited to fish using deep-set longline gear in the 
SEZ.
    This document serves as advance notification to fishermen, the 
fishing industry, and the general public that the SEZ will be closed to 
deep-set longline fishing from July 24, 2018, through December 31, 
2018.
    NMFS will consider public comments on this temporary rule. NMFS 
must receive comments by the date provided in the DATES section, not 
postmarked or otherwise transmitted by this date.

Classification

    There is good cause to waive prior notice and an opportunity for 
public comment on this action pursuant to 5 U.S.C. 553(b)(B). Providing 
an opportunity for prior notice and comment would be contrary to the 
public interest because the SEZ closure has been triggered by a second 
observed serious injury and mortality, and immediate closure of the SEZ 
is necessary for the remainder of 2018 to prevent additional 
mortalities or serious injuries, which may have unsustainable impacts 
on the Hawaii pelagic stock of the false killer whale. Furthermore, 
prior notice and comment is unnecessary because the take reduction plan 
final rule (77 FR 71259, November 29, 2012) that implements the 
procedure for closing the SEZ (codified at 50 CFR 229.37(d)(2) and (e)) 
has already been subject to an extensive public process, including the 
opportunity for prior notice and comment. All that remains is to notify 
the public of the second observed mortality and serious injury of

[[Page 33851]]

a pelagic false killer whale resulting from commercial longline 
operations, and the longline closure of the SEZ for the remainder of 
the 2018 fishing year. Although this action is being implemented 
without the opportunity for prior notice and comment, NMFS is 
soliciting and will respond to public comments from those affected by 
or otherwise interested in this rule.
    The NOAA Assistant Administrator for Fisheries (AA) also finds good 
cause to waive the 30-day delay in the effectiveness of this action 
under 5 U.S.C. 553(d)(3). Failing to waive the 30-day delay in 
effectiveness would likely result in additional interactions and 
possible mortality and serious injuries to the Hawaii pelagic false 
killer whale stock. Under the MMPA, NMFS must reduce mortality and 
serious injury of marine mammal stocks protected by a take reduction 
plan regulations. This includes taking action to close the SEZ 
immediately upon a second observed mortality and serious injury 
resulting from commercial longlining in the EEZ. Accordingly, the SEZ 
closure must be implemented immediately to ensure compliance with the 
provisions of the MMPA and the take reduction plan regulations. 
Nevertheless, NMFS recognizes the need for fishermen to have time to 
haul their gear and relocate to areas outside of the SEZ; thus, NMFS 
makes this action effective 7 days after filing this document in the 
Federal Register.
    This action is required by 50 CFR 229.37(e)(3), and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: July 13, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-15332 Filed 7-17-18; 8:45 am]
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