84 FR 11654 - Pacific Island Fisheries; Closure of the 2019 Hawaii Shallow-Set Pelagic Longline Fishery

This final rule closes the Hawaii 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 annual limit of 17 physical interactions with North Pacific loggerhead sea turtles, so NMFS must close the fishery for the remainder of the calendar year, or until further notice. This action is necessary to comply with regulations that establish maximum annual limits on the numbers of interactions that occur between longline fishing gear and sea turtles.

[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Rules and Regulations]
[Pages 11654-11655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-05939]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120416010-2476-01]
RIN 0648-XG905


Pacific Island Fisheries; Closure of the 2019 Hawaii Shallow-Set 
Pelagic Longline Fishery

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: This final rule closes the Hawaii 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 annual limit of 17 physical interactions with North Pacific 
loggerhead sea turtles, so NMFS must close the fishery for the 
remainder of the calendar year, or until further notice. This action is 
necessary to comply with regulations that establish maximum annual 
limits on the numbers of interactions that occur between longline 
fishing gear and sea turtles.

DATES: Effective March 27, 2019, through December 31, 2019. Compliance 
date: 9:50 a.m. Hawaii-Aleutian Standard Time (HST) on March 19, 2019, 
through December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS Pacific Islands 
Regional Office, 808-725-5170.

SUPPLEMENTARY INFORMATION: NMFS manages the shallow-set pelagic 
longline fishery for swordfish in the Pacific Islands 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 (Magnuson-Stevens Act). 
Regulations governing fishing by U.S. vessels in accordance with the 
FEP 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 with 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: 26 leatherback sea turtles 
(Dermochelys coriacea), and 17 loggerhead sea turtles (Caretta 
caretta). Scientific observers, placed by NMFS aboard every vessel 
engaged in shallow-set longline fishing, monitor interactions with 
turtles.
    The regulations at Sec.  665.813(b)(2) require NMFS to close the 
shallow-set fishery as soon as the interaction limit for either of the 
two turtle species has been determined to have been reached in a given 
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 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 fishery has 
reached the annual interaction limit of 17 North Pacific loggerhead 
turtles. Consequently, NMFS closed the shallow-set component of the 
Hawaii-based longline fishery at 9:50 a.m. HST on March 19, 2019. The 
closure ends at midnight HST on December 31, 2019.
    NMFS is currently preparing a biological opinion that addresses the 
continued operation of the shallow-set longline fishery, which may 
result in changes to the current annual interaction limits. NMFS would 
publish any changes in a future rulemaking.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this final rule is consistent with the Magnuson-Stevens Act, the 
Endangered Species Act, and other applicable laws.
    This final rule is required by Sec.  665.813(b)(2) and is exempt 
from review under Executive Order 12866.
    NMFS has good cause under the Administrative Procedure Act (5 
U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3)) to waive prior notice and an 
opportunity for public comment, and the 30 days delayed effectiveness, 
for this temporary rule, as prior notice and comment would be contrary 
to the public interest. NMFS must implement the closure of the fishery 
immediately to prevent further impacts to North Pacific loggerhead sea 
turtles. In addition, providing prior notice and comment and 30 days 
delayed effectiveness are unnecessary because NMFS has no discretion to 
take other action because

[[Page 11655]]

such action would be inconsistent with Federal regulations.

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

    Dated: March 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-05939 Filed 3-27-19; 8:45 am]
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