[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72290-72291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33494]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 991221344-9344-01; I.D. 121099A]
RIN 0648-AN44
Western Pacific Pelagic Fisheries; Hawaii-based Pelagic Longline
Area Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule; notice of closure; request for comments.
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SUMMARY: NMFS issues an emergency rule to prohibit vessels registered
for use under a Hawaii longline limited access permit from fishing with
longline gear within the area north of 28 deg. N. lat. and between
168 deg. W. long. and 150 deg. W. long. NMFS is also prohibiting
vessels registered for use with receiving vessel permits from receiving
Pacific pelagic management unit species harvested with longline gear
while those receiving vessels are in the closed area. No vessel may
land or transship, shoreward of the outer boundary of the EEZ, pelagic
fish harvested by longline gear in the closed area. The closure is an
interim measure in response to the Order Setting Terms of Injunction
issued by the U.S. District Court, District of Hawaii, dated November
23, 1999. The intended effect is to implement the court-ordered closure
and reduce adverse impacts to sea turtles by curtailing activities of
the Hawaiian longline fishery while an environmental impact statement
(EIS) is being prepared.
DATES: This rule is effective 12:01 a.m., local time, December 23,
1999, through 12:01 a.m., local time, June 26, 2000. Comments must be
received no later than 5:00 p.m., local time, on February 10, 2000.
ADDRESSES: Written comments on this action must be mailed to Charles
Karnella, Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700; or faxed to 808-
973-2941. Comments will not be accepted if submitted via e-mail or
internet. Copies of the environmental assessment prepared for this
action may be obtained from Alvin Katekaru or Marilyn Luipold, PIAO.
FOR FURTHER INFORMATION CONTACT: Alvin Katekaru or Marilyn Luipold,
808-973-2937.
SUPPLEMENTARY INFORMATION: The Hawaii-based longline fishery is managed
under the Fishery Management Plan for the Pelagic Fisheries of the
Western Pacific Region (FMP). The FMP was prepared by the Western
Pacific Fishery Management Council (Council) and is implemented under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
660.
On October 6, 1999, NMFS announced its intent to prepare an EIS on
management of the fishery for pelagic species in waters of the
exclusive economic zone (EEZ) in the Western Pacific Region.
Additionally, NMFS announced its intention to prepare an environmental
assessment (EA) for that fishery. The scope of the EA includes all
activities related to the conduct of the fishery for the 2-year period
NMFS anticipates is necessary to prepare the EIS. Both the EIS and the
EA examine the impacts of pelagics harvest on, among other things, sea
turtles and seabirds.
On November 23, 1999, the U.S. District Court, District of Hawaii,
ordered NMFS to prohibit, within 30 days of the date of entry of the
Order, ``all activities of the Hawaii longline fishery authorized by
the Fishery Management Plan for the Pelagic Fisheries of the Western
Pacific Region, as amended, within the area encompassed and bounded by
the following description: north of 28 deg. N. and between 168 deg. W.
and 150 deg. W.'' To comply with the Court Order, NMFS is implementing
the Court-ordered closure by emergency action. This action closes an
area to longline fishing that was the source of approximately 30
percent of the revenue received from swordfish landings and
approximately 13 percent of the total revenue from all species landed
by the Hawaii-based longline fleet.
Accordingly, NMFS prohibits all vessels registered for use under a
Hawaii longline limited access permit from fishing with longline gear
within the area north of 28 deg. N. lat. and between 168 deg. W. long.
and 150 deg. W. long. NMFS also prohibits vessels registered for use
with receiving vessel permits (issued under the regulations at 50 CFR
660.21(c)) from receiving Pacific pelagic management unit species
harvested with longline gear while those receiving vessels are in the
closed area. No vessel may land or transship, shoreward of the outer
boundary of the EEZ, pelagic fish harvested by longline gear in the
closed area.
The closure is being implemented by emergency action under the
authority of section 305(c) of the Magnuson-Stevens Act. Under
305(c)(3), the emergency regulation may remain in effect for not more
than 180 days after the date of publication, and may be extended for
one additional period of not more than 180 days. The emergency
regulation may also be terminated at an earlier date.
Criteria for Issuing an Emergency Rule
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 recent, unforeseen events, or recently
discovered circumstances. Also, it realizes immediate benefits from the
emergency rule that outweigh the value of prior notice, opportunity for
public comment, and deliberative consideration expected under the
normal rulemaking process.
Recent, Unforeseen Events or Recently Discovered Circumstances
The Court-ordered closure was issued November 23, 1999, and allows
30 days for implementation. Emergency action is necessary to comply
with the Order and implement the closure by December 23, 1999. To be
effective by then, an emergency rule is needed.
Immediate Benefits
This rule is not likely to have a significant effect on tuna
harvests. Although there are many variables that may confound accurate
predictions about the effects upon different sea turtle species, NMFS
anticipates the closure will have a positive benefit on sea turtles in
general.
[[Page 72291]]
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this emergency rule is necessary to comply with a valid
order of the U.S. District Court. The AA has also determined that this
rule is consistent with the Magnuson-Stevens Act and other applicable
laws.
NMFS prepared an EA for this rule that describes the impact on the
human environment that would result from this rule and found that no
significant impact would result. This emergency rule is of limited
duration and is expected to result in a reduction of overall sea turtle
interactions. Copies of the environmental assessment are available (see
ADDRESSES).
The AA finds that this rule, which is being implemented under
section 305(c) of the Magnuson-Stevens Act, must become effective on
December 23, 1999, to comply with the Order issued by the U.S. District
Court, District of Hawaii. The Order requires that NMFS implement a
longline area closure within 30 days from the date of issuance of the
Order (November 23, 1999). Under section 305(c) of the Magnuson-Stevens
Act, this rule may remain in effect for not more than 180 days after
the date this notification is published, and may be extended for one
additional period of not more than 180 days. The AA finds good cause to
waive the requirement to provide prior notice and the opportunity for
public comment, 5 U.S.C. 553(b)(B), as such procedures would be
impracticable. Similarly, the need to implement the Court-ordered
measure in a timely manner constitutes good cause under 5 U.S.C.
553(d)(3) to waive delayed effectiveness of the rule.
This emergency rule has been determined to be not significant for
purposes of E.O. 12866.
Because this rule is not required to be published with notice and
opportunity for public comment under 5 U.S.C. 553, or any other law,
the analytical requirements of the Regulatory Flexibility Act do not
apply.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
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
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 660.22, new paragraphs (z) through (bb) are added to
read as follows:
Sec. 660.22 Prohibitions.
* * * * *
(z) Fish with a vessel registered for use under a Hawaii longline
limited access permit using longline gear within the area north of
28 deg. N. lat. and between 168 deg. W. long. and 150 deg. W. long.
(aa) Land or transship shoreward of the outer boundary of the EEZ
around Hawaii Pacific pelagic management unit species that were
harvested with longline gear within the area north of 28 deg. N. lat.
and between 168 deg. W. long. and 150 deg. W. long.
(bb) Use a receiving vessel registered for use under a receiving
vessel permit described in Sec. 660.21(c) to receive from another
vessel Pacific pelagic management unit species harvested with longline
gear, if the fish were harvested or the transfer occurs within the area
north of 28 deg. N. lat. and between 168 deg. W. long. and 150 deg. W.
long.
[FR Doc. 99-33494 Filed 12-21-99; 4:17 pm]
BILLING CODE 3510-22-F
