Western Pacific Pelagic Fisheries; Prohibiting Longline Fishing Within 30 nm of the Northern Mariana Islands, 37287-37289 [2011-16039]
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
issued pursuant to § 665.4(f)(1), in
violation of § 665.15(f)(2).
[FR Doc. 2011–16040 Filed 6–24–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 0808051054–1319–02]
RIN 0648–AW67
Western Pacific Pelagic Fisheries;
Prohibiting Longline Fishing Within 30
nm of the Northern Mariana Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule prohibits
pelagic longline fishing within
approximately 30 nautical miles (nm) of
the islands of the Commonwealth of the
Northern Mariana Islands (CNMI). By
establishing a longline fishing
prohibited area around the CNMI,
NMFS intends to reduce the potential
for nearshore localized fish depletion
from longline fishing, and to limit catch
competition and gear conflicts between
the CNMI-based longline and trolling
fleets. This rule also makes several
administrative clarifications to the
pelagic fishing regulations.
DATES: This final rule is effective July
27, 2011.
ADDRESSES: The background on this
final rule may be found in the Fishery
Ecosystem Plan for Pelagic Fisheries of
the Western Pacific Region (FEP) and
FEP Amendment 2, which are available
from the Western Pacific Fishery
Management Council (Council), 1164
Bishop St., Suite 1400, Honolulu, HI
96813, tel 808–522–8220, fax 808–522–
8226, https://www.wpcouncil.org.
Amendment 2 may also be found at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Toby Wood, NMFS PIR Sustainable
Fisheries, 808–944–2234.
SUPPLEMENTARY INFORMATION: Pelagic
fisheries in the U.S. western Pacific are
managed under the FEP. In Amendment
2, the Council recommended that NMFS
prohibit purse seine fishing in the U.S.
EEZ around the Mariana Archipelago,
including the CNMI and Guam, and
prohibit pelagic longline fishing within
30 nm (approx. 56 km) of the CNMI. The
recommended prohibition on purse
jlentini on DSK4TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:08 Jun 24, 2011
Jkt 223001
seine fishing was intended to limit
impacts on juvenile recruitment of
bigeye tuna, and reduce the potential for
localized depletion and catch
competition between purse seine vessels
and the pelagic fishing fleets of the
CNMI and Guam. The recommended
longline closed area near the CNMI was
intended to minimize potential gear
conflicts and catch competition between
the local pelagic trolling fleet and the
developing CNMI-based longline fishery
(a 50-nm (93 km) longline prohibited
area currently exists around Guam to
prevent gear conflicts).
Additional background information
on this final rule is found in the
preamble to the proposed rule
published on March 31, 2011 (76 FR
17811); the comment period ended on
May 16, 2011. NMFS received two
substantive comments, and responds as
follows:
Comment 1: The longline prohibited
area around the CNMI should be
increased to 90 nm (167 km) from the
proposed 30 nm to further protect
marine life and seafood resources in the
region.
Response: U.S. longline fishing in the
Pacific is regulated stringently to
minimize impacts on protected species
and harvest fish sustainably.
Requirements for this fishery include
permits, specific gear configuration and
identification, area restrictions
monitored by a satellite vessel
monitoring system, observer placement
when requested, educational
workshops, and reporting requirements
for fishing activities and interactions
with protected resources, and others.
The Council and NMFS assessed the
potential impacts of longline prohibited
areas ranging in size from 25 to 100 nm
(46 to 185 km) around the CNMI, and
concluded that a 30-nm zone best
achieved the conservation and
management objectives of the proposed
amendment, while at the same time
minimizing economic costs and
ensuring sustained participation by
fishermen. The 30-nm prohibited area
encompasses the majority of the
submarine habitat containing banks and
reefs where small boats typically
concentrate their fishing efforts.
Excluding longline fishing from this
zone will prevent gear conflicts and
competition for catches between the
small boats and larger longliners, and
will reduce the likelihood of longline
gear entanglement on the banks and
reefs, thereby protecting reefs and the
marine life that depends on it.
Larger prohibited areas would impose
higher travel costs to the longline
vessels with little to no additional
benefit of conserving stocks of pelagic
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
37287
fish or protected resources, or
minimizing the potential for gear
conflicts with the small boat fishery. A
30-nm prohibited area is not so large as
to prevent longline fishing activity,
which will allow for the development of
the longline fishery and provide
economic benefits to the CNMI.
Comment 2: There is little
demonstrated need or justification for
the proposed prohibition on purse seine
fishing because there is virtually no
history of purse seine fishing in the
Mariana Archipelago, and there is little
evidence that purse seine fishing
negatively impacts other pelagic
fisheries in the area. Also, an EEZ
closure will disadvantage the United
States in its negotiations to renew the
South Pacific Tuna Treaty, as the
proposed prohibition on purse seine
fishing in the U.S. EEZ might encourage
other Pacific Island parties to take
similar protective measures in their
national waters.
Response: NMFS agrees, and this final
rule will not implement the proposed
prohibition on purse seine fishing in the
EEZ around the Mariana Archipelago.
Under the Magnuson-Stevens Act,
NMFS may partially approve a plan or
amendment to the FEP offered by the
Council. When partially approving an
amendment, NMFS must specify the
applicable law with which the
amendment is inconsistent, explain the
nature of the inconsistency, and
recommend to the Council actions it
could take to conform the amendment to
the applicable law.
The Magnuson-Stevens Act requires
NMFS to consider ten National
Standards when implementing fishery
conservation and management
measures. National Standard 2 requires
such measures to be based on the best
scientific information available, and
requires fishery management actions to
be founded on thorough analyses that
allow NMFS to rationally conclude that
the selected alternative will accomplish
legitimate conservation and
management objectives. The scientific
analysis in Amendment 2 presented
inconclusive evidence of a negative
impact of purse seine fishing on other
fisheries and fish stocks, with the
possible exception of some localized
impacts on trolling catch rates over
small distances near American Samoa.
Nonetheless, the Council recommended
prohibiting U.S. purse seine fishing
throughout the entire EEZ around the
Mariana Archipelago. That
recommendation is not supported by the
best available scientific evidence on the
need to reduce interactions between the
purse seine and local trolling fisheries
in the area around the CNMI, and is,
E:\FR\FM\27JNR1.SGM
27JNR1
37288
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
therefore, inconsistent with National
Standard 2. Accordingly, NMFS did not
approve the proposed purse seine
prohibition, and it is not part of this
final rule. The Council may revisit the
issue if activities by U.S. purse seine
vessels change, or if new scientific
information is presented.
jlentini on DSK4TPTVN1PROD with RULES
Changes From the Proposed Rule
The proposed rule contained
provisions that would have defined
purse seine fishing and prohibited purse
seine fishing within the EEZ around
Guam and the CNMI. Those provisions
were not approved, so the final rule
does not include the definition or
prohibition on purse seine fishing. The
final rule does implement the Council’s
recommended prohibited area for
longline fishing around the CNMI. This
final rule also makes administrative
changes to the pelagic fishing
regulations: all pelagic fishing
prohibited areas (existing longline
prohibited areas in Hawaii and Guam,
the American Samoa large vessel
prohibited areas, and the new CNMI
longline prohibited area) are combined
into 50 CFR 665.806.
Classification
The Administrator, Pacific Islands
Region, NMFS, determined that the part
of Amendment 2 that pertains to a
prohibited area for pelagic longline
fishing in the CNMI is necessary for the
conservation and management of CNMI
pelagic fisheries, and that it is
consistent with the Magnuson-Stevens
Act and other applicable laws.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. Although this final
rule does not implement all of the
proposed measures, the determination
in the proposed rule that this final
action will not have a significant
economic effect on a substantial number
of small entities remains unchanged. As
a result, a regulatory flexibility analysis
was not required and none was
prepared.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
List of Subjects in 50 CFR Part 665
Administrative practice and
procedure, Fisheries, Fishing, Longline,
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16:55 Jun 24, 2011
Jkt 223001
Northern Mariana Islands, Prohibited
areas.
For the reasons set out in the
preamble, 50 CFR chapter VI is
amended as follows:
PART 665—FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for part 665
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.802, revise paragraphs (v)
and (xx) to read as follows:
■
Prohibitions.
*
*
*
*
*
(v) Use longline gear to fish within a
longline fishing prohibited area in
violation of § 665.806, except as allowed
pursuant to an exemption issued under
§§ 665.17 or 665.807.
*
*
*
*
*
(xx) Use a large vessel to fish for
western Pacific Pelagic MUS within an
American Samoa large vessel prohibited
area in violation of § 665.806, except as
allowed pursuant to an exemption
issued under §§ 665.17 or 665.818.
*
*
*
*
*
■
3. Revise § 665.806 to read as follows:
§ 665.806
Prohibited area management.
(a) Longline fishing prohibited areas.
Longline fishing is prohibited in the
longline fishing prohibited areas as
defined in paragraphs (a)(1) through
(a)(4) of this section.
(1) NWHI protected species zone. The
NWHI protected species zone is the
portion of the EEZ within 50 nm of the
center geographical positions of certain
islands and reefs in the NWHI, as
follows:
Name
N. lat.
Nihoa Island ..............
Necker Island ............
French Frigate
Shoals ...................
Gardner Pinnacles ....
Maro Reef .................
Laysan Island ...........
Lisianski Island .........
Pearl and Hermes
Reef .......................
Midway Island ...........
Kure Island ...............
PO 00000
Frm 00048
Fmt 4700
W. long.
23°05′
23°35′
161°55′
164°40′
23°45′
25°00′
25°25′
25°45′
26°00′
166°15′
168°00′
170°35′
171°45′
173°55′
27°50′
28°14′
28°25′
175°50′
177°22′
178°20′
Sfmt 4700
N. lat.
W. long.
Where the areas are not contiguous, parallel
lines drawn tangent to and connecting
those semicircles of the 50-nm areas that
lie between Nihoa Island and Necker Island, French Frigate Shoals and Gardner
Pinnacles, Gardner Pinnacles and Maro
Reef, and Lisianski Island and Pearl and
Hermes Reef, delimit the remainder of the
NWHI longline protected species zone.
Dated: June 21, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
§ 665.802
Name
(2) Main Hawaiian Islands (MHI). (i)
From February 1 through September 30
each year, the MHI longline fishing
prohibited area is the portion of the EEZ
around Hawaii bounded by straight
lines connecting the following
coordinates in the order listed:
Point
A ...............
B ...............
C ...............
D ...............
E ...............
F ................
G ...............
H ...............
I .................
J ................
K ...............
A ...............
N. lat.
18°05′
18°20′
20°00′
20°40′
21°40′
23°00′
23°05′
22°55′
21°30′
19°50′
19°00′
18°05′
W. long.
155°40′
156°25′
157°30′
161°40′
161°55′
161°30′
159°30′
157°30′
155°30′
153°50′
154°05′
155°40′
(ii) From October 1 through the
following January 31 each year, the MHI
longline fishing prohibited area is the
portion of the EEZ around Hawaii
bounded by straight lines connecting
the following coordinates in the order
listed:
Point
A ...............
L ................
M ...............
N ...............
O ...............
P ...............
Q ...............
R ...............
S ...............
T ................
U ...............
V ...............
W ..............
E ...............
D ...............
C ...............
B ...............
A ...............
N. lat.
18°05′
18°25′
19°00′
19°15′
19°40′
20°20′
20°35′
21°00′
22°30′
22°40′
22°25′
21°55′
21°40′
21°40′
20°40′
20°00′
18°20′
18°05′
W. long.
155°40′
155°40′
154°45′
154°25′
154°20′
154°55′
155°30′
155°35′
157°35′
159°35′
160°20′
160°55′
161°00′
161°55′
161°40′
157°30′
156°25′
155°40′
(3) Guam. The Guam longline fishing
prohibited area is the portion of the EEZ
around Guam bounded by straight lines
connecting the following coordinates in
the order listed:
Point
A ...............
E:\FR\FM\27JNR1.SGM
27JNR1
N. lat.
14°25′
E. long.
144°00′
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Rules and Regulations
37289
areas as defined in paragraphs (b)(1) and
Point
S. lat.
W. long.
(b)(2) of this section, except as allowed
B ...............
14°00′
143°38′ pursuant to an exemption issued under
and from Point AS–2–A northward along the
C ...............
13°41′
143°33′33‘‘ § 665.818.
longitude 171°50′ W. until intersecting the
D ...............
13°00′
143°25′30‘‘
U.S. EEZ boundary with Tokelau, and from
(1) Tutuila Island, Manua Islands,
E ...............
12°20′
143°37′
Point AS–2–B northward along the lonand Rose Atoll (AS–1). The Tutuila
F ................
11°40′
144°09′
gitude 170°20′ W. until intersecting the
Island, Manua Islands, and Rose Atoll
G ...............
12°00′
145°00′
U.S. EEZ boundary with Tokelau.
H ...............
13°00′
145°42′ large vessel prohibited area is the
I .................
13°27′
145°51′ portion of the EEZ around American
Samoa enclosed by straight lines
■ 4. Revise the section heading in
(4) CNMI. The CNMI longline fishing
connecting the following coordinates:
§ 665.807 to read as follows:
prohibited area is the portion of the EEZ
around the CNMI bounded by straight
Point
S. lat.
W. long.
§ 665.807 Exemptions for Hawaii longline
lines connecting the following
AS–1–A .....
13°30′
167°25′ fishing prohibited areas; procedures.
coordinates in the order listed:
AS–1–B .....
15°13′
167°25′ *
*
*
*
*
Point
N. lat.
E. long.
Point
N. lat.
E. long.
A ...............
B ...............
C ...............
D ...............
E ...............
F ................
G ...............
H ...............
I .................
J ................
A ...............
14°00′
15°49′
16°21′
17°03′
19°07′
20°39′
21°04′
19°19′
16°00′
13°32′
14°00′
144°34′
145°29′
145°06′
145°22′
145°09′
144°19′
145°06′
146°04′
146°32′
145°32′
144°34′
jlentini on DSK4TPTVN1PROD with RULES
(b) American Samoa large vessel
prohibited areas. A large vessel of the
United States may not be used to fish for
western Pacific pelagic MUS in the
American Samoa large vessel prohibited
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16:08 Jun 24, 2011
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and from Point AS–1–A westward along the
latitude 13°30′ S. until intersecting the U.S.
EEZ boundary with Samoa, and from Point
AS–1–B westward along the latitude
15°13′ S. until intersecting the U.S. EEZ
boundary with Samoa.
§ 665.817
[Removed and Reserved]
■ 5. Remove and reserve § 665.817.
[FR Doc. 2011–16039 Filed 6–24–11; 8:45 am]
BILLING CODE 3510–22–P
(2) Swains Island (AS–2). The Swains
Island large vessel prohibited area is the
portion of the EEZ around American
Samoa enclosed by straight lines
connecting the following coordinates:
Point
S. lat.
AS–2–A .....
AS–2–B .....
PO 00000
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11°48′
11°48′
Fmt 4700
Sfmt 9990
W. long.
171°50′
170°20′
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37287-37289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16039]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 0808051054-1319-02]
RIN 0648-AW67
Western Pacific Pelagic Fisheries; Prohibiting Longline Fishing
Within 30 nm of the Northern Mariana Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule prohibits pelagic longline fishing within
approximately 30 nautical miles (nm) of the islands of the Commonwealth
of the Northern Mariana Islands (CNMI). By establishing a longline
fishing prohibited area around the CNMI, NMFS intends to reduce the
potential for nearshore localized fish depletion from longline fishing,
and to limit catch competition and gear conflicts between the CNMI-
based longline and trolling fleets. This rule also makes several
administrative clarifications to the pelagic fishing regulations.
DATES: This final rule is effective July 27, 2011.
ADDRESSES: The background on this final rule may be found in the
Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific
Region (FEP) and FEP Amendment 2, which are available from the Western
Pacific Fishery Management Council (Council), 1164 Bishop St., Suite
1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, https://www.wpcouncil.org. Amendment 2 may also be found at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Toby Wood, NMFS PIR Sustainable
Fisheries, 808-944-2234.
SUPPLEMENTARY INFORMATION: Pelagic fisheries in the U.S. western
Pacific are managed under the FEP. In Amendment 2, the Council
recommended that NMFS prohibit purse seine fishing in the U.S. EEZ
around the Mariana Archipelago, including the CNMI and Guam, and
prohibit pelagic longline fishing within 30 nm (approx. 56 km) of the
CNMI. The recommended prohibition on purse seine fishing was intended
to limit impacts on juvenile recruitment of bigeye tuna, and reduce the
potential for localized depletion and catch competition between purse
seine vessels and the pelagic fishing fleets of the CNMI and Guam. The
recommended longline closed area near the CNMI was intended to minimize
potential gear conflicts and catch competition between the local
pelagic trolling fleet and the developing CNMI-based longline fishery
(a 50-nm (93 km) longline prohibited area currently exists around Guam
to prevent gear conflicts).
Additional background information on this final rule is found in
the preamble to the proposed rule published on March 31, 2011 (76 FR
17811); the comment period ended on May 16, 2011. NMFS received two
substantive comments, and responds as follows:
Comment 1: The longline prohibited area around the CNMI should be
increased to 90 nm (167 km) from the proposed 30 nm to further protect
marine life and seafood resources in the region.
Response: U.S. longline fishing in the Pacific is regulated
stringently to minimize impacts on protected species and harvest fish
sustainably. Requirements for this fishery include permits, specific
gear configuration and identification, area restrictions monitored by a
satellite vessel monitoring system, observer placement when requested,
educational workshops, and reporting requirements for fishing
activities and interactions with protected resources, and others.
The Council and NMFS assessed the potential impacts of longline
prohibited areas ranging in size from 25 to 100 nm (46 to 185 km)
around the CNMI, and concluded that a 30-nm zone best achieved the
conservation and management objectives of the proposed amendment, while
at the same time minimizing economic costs and ensuring sustained
participation by fishermen. The 30-nm prohibited area encompasses the
majority of the submarine habitat containing banks and reefs where
small boats typically concentrate their fishing efforts. Excluding
longline fishing from this zone will prevent gear conflicts and
competition for catches between the small boats and larger longliners,
and will reduce the likelihood of longline gear entanglement on the
banks and reefs, thereby protecting reefs and the marine life that
depends on it.
Larger prohibited areas would impose higher travel costs to the
longline vessels with little to no additional benefit of conserving
stocks of pelagic fish or protected resources, or minimizing the
potential for gear conflicts with the small boat fishery. A 30-nm
prohibited area is not so large as to prevent longline fishing
activity, which will allow for the development of the longline fishery
and provide economic benefits to the CNMI.
Comment 2: There is little demonstrated need or justification for
the proposed prohibition on purse seine fishing because there is
virtually no history of purse seine fishing in the Mariana Archipelago,
and there is little evidence that purse seine fishing negatively
impacts other pelagic fisheries in the area. Also, an EEZ closure will
disadvantage the United States in its negotiations to renew the South
Pacific Tuna Treaty, as the proposed prohibition on purse seine fishing
in the U.S. EEZ might encourage other Pacific Island parties to take
similar protective measures in their national waters.
Response: NMFS agrees, and this final rule will not implement the
proposed prohibition on purse seine fishing in the EEZ around the
Mariana Archipelago. Under the Magnuson-Stevens Act, NMFS may partially
approve a plan or amendment to the FEP offered by the Council. When
partially approving an amendment, NMFS must specify the applicable law
with which the amendment is inconsistent, explain the nature of the
inconsistency, and recommend to the Council actions it could take to
conform the amendment to the applicable law.
The Magnuson-Stevens Act requires NMFS to consider ten National
Standards when implementing fishery conservation and management
measures. National Standard 2 requires such measures to be based on the
best scientific information available, and requires fishery management
actions to be founded on thorough analyses that allow NMFS to
rationally conclude that the selected alternative will accomplish
legitimate conservation and management objectives. The scientific
analysis in Amendment 2 presented inconclusive evidence of a negative
impact of purse seine fishing on other fisheries and fish stocks, with
the possible exception of some localized impacts on trolling catch
rates over small distances near American Samoa. Nonetheless, the
Council recommended prohibiting U.S. purse seine fishing throughout the
entire EEZ around the Mariana Archipelago. That recommendation is not
supported by the best available scientific evidence on the need to
reduce interactions between the purse seine and local trolling
fisheries in the area around the CNMI, and is,
[[Page 37288]]
therefore, inconsistent with National Standard 2. Accordingly, NMFS did
not approve the proposed purse seine prohibition, and it is not part of
this final rule. The Council may revisit the issue if activities by
U.S. purse seine vessels change, or if new scientific information is
presented.
Changes From the Proposed Rule
The proposed rule contained provisions that would have defined
purse seine fishing and prohibited purse seine fishing within the EEZ
around Guam and the CNMI. Those provisions were not approved, so the
final rule does not include the definition or prohibition on purse
seine fishing. The final rule does implement the Council's recommended
prohibited area for longline fishing around the CNMI. This final rule
also makes administrative changes to the pelagic fishing regulations:
all pelagic fishing prohibited areas (existing longline prohibited
areas in Hawaii and Guam, the American Samoa large vessel prohibited
areas, and the new CNMI longline prohibited area) are combined into 50
CFR 665.806.
Classification
The Administrator, Pacific Islands Region, NMFS, determined that
the part of Amendment 2 that pertains to a prohibited area for pelagic
longline fishing in the CNMI is necessary for the conservation and
management of CNMI pelagic fisheries, and that it is consistent with
the Magnuson-Stevens Act and other applicable laws.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. Although this final rule does not
implement all of the proposed measures, the determination in the
proposed rule that this final action will not have a significant
economic effect on a substantial number of small entities remains
unchanged. As a result, a regulatory flexibility analysis was not
required and none was prepared.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, Fisheries, Fishing,
Longline, Northern Mariana Islands, Prohibited areas.
Dated: June 21, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR chapter VI is
amended as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.802, revise paragraphs (v) and (xx) to read as follows:
Sec. 665.802 Prohibitions.
* * * * *
(v) Use longline gear to fish within a longline fishing prohibited
area in violation of Sec. 665.806, except as allowed pursuant to an
exemption issued under Sec. Sec. 665.17 or 665.807.
* * * * *
(xx) Use a large vessel to fish for western Pacific Pelagic MUS
within an American Samoa large vessel prohibited area in violation of
Sec. 665.806, except as allowed pursuant to an exemption issued under
Sec. Sec. 665.17 or 665.818.
* * * * *
0
3. Revise Sec. 665.806 to read as follows:
Sec. 665.806 Prohibited area management.
(a) Longline fishing prohibited areas. Longline fishing is
prohibited in the longline fishing prohibited areas as defined in
paragraphs (a)(1) through (a)(4) of this section.
(1) NWHI protected species zone. The NWHI protected species zone is
the portion of the EEZ within 50 nm of the center geographical
positions of certain islands and reefs in the NWHI, as follows:
------------------------------------------------------------------------
Name N. lat. W. long.
------------------------------------------------------------------------
Nihoa Island...................................... 23[deg]05 161[deg]5
' 5'
Necker Island..................................... 23[deg]35 164[deg]4
' 0'
French Frigate Shoals............................. 23[deg]45 166[deg]1
' 5'
Gardner Pinnacles................................. 25[deg]00 168[deg]0
' 0'
Maro Reef......................................... 25[deg]25 170[deg]3
' 5'
Laysan Island..................................... 25[deg]45 171[deg]4
' 5'
Lisianski Island.................................. 26[deg]00 173[deg]5
' 5'
Pearl and Hermes Reef............................. 27[deg]50 175[deg]5
' 0'
Midway Island..................................... 28[deg]14 177[deg]2
' 2'
Kure Island....................................... 28[deg]25 178[deg]2
' 0'
------------------------------------------------------------------------
Where the areas are not contiguous, parallel lines drawn tangent to and
connecting those semicircles of the 50-nm areas that lie between Nihoa
Island and Necker Island, French Frigate Shoals and Gardner Pinnacles,
Gardner Pinnacles and Maro Reef, and Lisianski Island and Pearl and
Hermes Reef, delimit the remainder of the NWHI longline protected
species zone.
------------------------------------------------------------------------
(2) Main Hawaiian Islands (MHI). (i) From February 1 through
September 30 each year, the MHI longline fishing prohibited area is the
portion of the EEZ around Hawaii bounded by straight lines connecting
the following coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
A....................................... 18[deg]05' 155[deg]40'
B....................................... 18[deg]20' 156[deg]25'
C....................................... 20[deg]00' 157[deg]30'
D....................................... 20[deg]40' 161[deg]40'
E....................................... 21[deg]40' 161[deg]55'
F....................................... 23[deg]00' 161[deg]30'
G....................................... 23[deg]05' 159[deg]30'
H....................................... 22[deg]55' 157[deg]30'
I....................................... 21[deg]30' 155[deg]30'
J....................................... 19[deg]50' 153[deg]50'
K....................................... 19[deg]00' 154[deg]05'
A....................................... 18[deg]05' 155[deg]40'
------------------------------------------------------------------------
(ii) From October 1 through the following January 31 each year,
the MHI longline fishing prohibited area is the portion of the EEZ
around Hawaii bounded by straight lines connecting the following
coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
A....................................... 18[deg]05' 155[deg]40'
L....................................... 18[deg]25' 155[deg]40'
M....................................... 19[deg]00' 154[deg]45'
N....................................... 19[deg]15' 154[deg]25'
O....................................... 19[deg]40' 154[deg]20'
P....................................... 20[deg]20' 154[deg]55'
Q....................................... 20[deg]35' 155[deg]30'
R....................................... 21[deg]00' 155[deg]35'
S....................................... 22[deg]30' 157[deg]35'
T....................................... 22[deg]40' 159[deg]35'
U....................................... 22[deg]25' 160[deg]20'
V....................................... 21[deg]55' 160[deg]55'
W....................................... 21[deg]40' 161[deg]00'
E....................................... 21[deg]40' 161[deg]55'
D....................................... 20[deg]40' 161[deg]40'
C....................................... 20[deg]00' 157[deg]30'
B....................................... 18[deg]20' 156[deg]25'
A....................................... 18[deg]05' 155[deg]40'
------------------------------------------------------------------------
(3) Guam. The Guam longline fishing prohibited area is the portion
of the EEZ around Guam bounded by straight lines connecting the
following coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. E. long.
------------------------------------------------------------------------
A....................................... 14[deg]25' 144[deg]00'
[[Page 37289]]
B....................................... 14[deg]00' 143[deg]38'
C....................................... 13[deg]41' 143[deg]33'33`
`
D....................................... 13[deg]00' 143[deg]25'30`
`
E....................................... 12[deg]20' 143[deg]37'
F....................................... 11[deg]40' 144[deg]09'
G....................................... 12[deg]00' 145[deg]00'
H....................................... 13[deg]00' 145[deg]42'
I....................................... 13[deg]27' 145[deg]51'
------------------------------------------------------------------------
(4) CNMI. The CNMI longline fishing prohibited area is the portion
of the EEZ around the CNMI bounded by straight lines connecting the
following coordinates in the order listed:
------------------------------------------------------------------------
Point N. lat. E. long.
------------------------------------------------------------------------
A....................................... 14[deg]00' 144[deg]34'
B....................................... 15[deg]49' 145[deg]29'
C....................................... 16[deg]21' 145[deg]06'
D....................................... 17[deg]03' 145[deg]22'
E....................................... 19[deg]07' 145[deg]09'
F....................................... 20[deg]39' 144[deg]19'
G....................................... 21[deg]04' 145[deg]06'
H....................................... 19[deg]19' 146[deg]04'
I....................................... 16[deg]00' 146[deg]32'
J....................................... 13[deg]32' 145[deg]32'
A....................................... 14[deg]00' 144[deg]34'
------------------------------------------------------------------------
(b) American Samoa large vessel prohibited areas. A large vessel
of the United States may not be used to fish for western Pacific
pelagic MUS in the American Samoa large vessel prohibited areas as
defined in paragraphs (b)(1) and (b)(2) of this section, except as
allowed pursuant to an exemption issued under Sec. 665.818.
(1) Tutuila Island, Manua Islands, and Rose Atoll (AS-1). The
Tutuila Island, Manua Islands, and Rose Atoll large vessel prohibited
area is the portion of the EEZ around American Samoa enclosed by
straight lines connecting the following coordinates:
------------------------------------------------------------------------
Point S. lat. W. long.
------------------------------------------------------------------------
AS-1-A.................................. 13[deg]30' 167[deg]25'
AS-1-B.................................. 15[deg]13' 167[deg]25'
------------------------------------------------------------------------
and from Point AS-1-A westward along the latitude 13[deg]30' S. until
intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B
westward along the latitude 15[deg]13' S. until intersecting the U.S.
EEZ boundary with Samoa.
------------------------------------------------------------------------
(2) Swains Island (AS-2). The Swains Island large vessel
prohibited area is the portion of the EEZ around American Samoa
enclosed by straight lines connecting the following coordinates:
------------------------------------------------------------------------
Point S. lat. W. long.
------------------------------------------------------------------------
AS-2-A.................................. 11[deg]48' 171[deg]50'
AS-2-B.................................. 11[deg]48' 170[deg]20'
------------------------------------------------------------------------
and from Point AS-2-A northward along the longitude 171[deg]50' W. until
intersecting the U.S. EEZ boundary with Tokelau, and from Point AS-2-B
northward along the longitude 170[deg]20' W. until intersecting the U.S.
EEZ boundary with Tokelau.
------------------------------------------------------------------------
0
4. Revise the section heading in Sec. 665.807 to read as follows:
Sec. 665.807 Exemptions for Hawaii longline fishing prohibited areas;
procedures.
* * * * *
Sec. 665.817 [Removed and Reserved]
0
5. Remove and reserve Sec. 665.817.
[FR Doc. 2011-16039 Filed 6-24-11; 8:45 am]
BILLING CODE 3510-22-P
