Pacific Island Fisheries; Closure of the 2018 Hawaii Shallow-Set Longline Fishery; Court Order, 21939-21940 [2018-10096]

Download as PDF Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations rollovers. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. With quota available and fish available on the grounds, and with no expected impacts to the stock, it would be contrary to the public interest to require vessels to wait to harvest the additional fish allowed through this action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. Adjustment of the General category retention limit needs to be effective June 1, 2018, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Foregoing opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP and amendments. Therefore, the AA finds there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under § 635.23(a)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: May 7, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–09960 Filed 5–8–18; 4:15 pm] sradovich on DSK3GMQ082PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 120416010–2476–01] RIN 0648–XG160 Pacific Island Fisheries; Closure of the 2018 Hawaii Shallow-Set Longline Fishery; Court Order National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. AGENCY: This final rule closes the Hawaii shallow-set pelagic longline fishery in compliance with an order of the U.S. District Court for the District of Hawaii. DATES: Effective May 8, 2018, through December 31, 2018. Compliance date: May 4, 2018, through December 31, 2018. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808–725–5170. SUPPLEMENTARY INFORMATION: In a January 30, 2012, NMFS completed a biological opinion (BiOp) on the effects of the Hawaii shallow-set longline fishery, pursuant to the Endangered Species Act (ESA). In the BiOp, NMFS concluded that the continued operation of the Hawaii shallow-set fishery, as managed under the regulatory framework of the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP), was not likely to jeopardize the continued existence of any ESA-listed species, or result in destruction or adverse modification of designated critical habitat. The BiOp established an annual incidental take statement authorizing the fishery to interact with up to 26 leatherback and 34 loggerhead sea turtles. Consistent with the BiOp, NMFS revised its regulations establishing annual limits on allowable incidental interactions between the fishery and leatherback and North Pacific loggerhead sea turtles (77 FR 60638, October 4, 2012, codified at 50 CFR 665.813). If the fishery reaches either of the interaction limits in a given year, the regulations require NMFS to close the fishery for the remainder of the calendar year. In the U.S. District Court of Hawaii, several plaintiffs challenged, among other things, the NMFS final rule that revised the annual sea turtle interaction limits, and the Court ruled in favor of NMFS on all claims (see Turtle Island SUMMARY: PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 21939 Restoration Network, et al. v. U.S. Dept. of Commerce, et al., (U.S.D.C. 2013), Civil No. 12–00594). Plaintiffs appealed the Court’s decision and, on December 27, 2017, a U.S Ninth Circuit Court of Appeals panel issued a split decision affirming the NMFS BiOp regarding leatherback sea turtles, but holding that NMFS was arbitrary and capricious in its no-jeopardy determination for North Pacific loggerhead turtles (see Turtle Island Restoration Network, et al. v. U.S. Dept. of Commerce, et al., 878 F.3d 725 (9th Cir. 2017)). All parties agreed to settle the case pursuant to the terms outlined in a May 4, 2018, Stipulated Settlement Agreement and Court Order. As part of the agreement, the U.S. District Court for the District of Hawaii ordered NMFS to take several actions, including closing the Hawaii shallow-set longline fishery through December 31, 2018. This rule implements the Court order to close the Hawaii shallow-set longline fishery through December 31, 2018. Classification The Assistant Administrator for Fisheries, NOAA, has determined that this final rule is consistent with the Court order, the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. NMFS has good cause under the Administrative Procedure Act (5 U.S.C. 553(b)(B)) to waive prior notice and comment and 30 days delayed effectiveness for this temporary rule. The Court Order, in relevant parts, vacates that portion of the 2012 Biological Opinion that relates to North Pacific loggerheads, and requires NMFS to immediately close the Hawaii shallow-set longline fishery until the end of 2018. Under the ESA, NMFS may not continue to authorize the shallowset longline fishery until the consultation requirements of ESA section 7(a)(2) have been satisfied. Accordingly, providing the public with prior notice and comment rule would be contrary to the public interest because NMFS is required to immediately close the fishery to prevent further impacts to North Pacific loggerhead sea turtles while it completes the new biological opinion. In addition, providing prior notice and comment and 30 days delayed effectiveness are unnecessary because NMFS has no discretion to take other action that is inconsistent with any term of the Court Order. In addition, the regulatory flexibility analysis requirements of the Regulatory E:\FR\FM\11MYR1.SGM 11MYR1 21940 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations Flexibility Act (5 U.S.C. 603–605) do not apply to this rule. Furthermore, because the changes identified in this rule are required by the Court Order and non-discretionary, the National Environmental Policy Act does not apply to this rule. Authority: 16 U.S.C. 1801 et seq. Dated: May 8, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–10096 Filed 5–8–18; 4:15 pm] sradovich on DSK3GMQ082PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00100 Fmt 4700 Sfmt 9990 E:\FR\FM\11MYR1.SGM 11MYR1

Agencies

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21939-21940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120416010-2476-01]
RIN 0648-XG160


Pacific Island Fisheries; Closure of the 2018 Hawaii Shallow-Set 
Longline Fishery; Court Order

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 in compliance with an order of the U.S. District Court for the 
District of Hawaii.

DATES: Effective May 8, 2018, through December 31, 2018.
    Compliance date: May 4, 2018, through December 31, 2018.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-725-5170.

SUPPLEMENTARY INFORMATION: In a January 30, 2012, NMFS completed a 
biological opinion (BiOp) on the effects of the Hawaii shallow-set 
longline fishery, pursuant to the Endangered Species Act (ESA). In the 
BiOp, NMFS concluded that the continued operation of the Hawaii 
shallow-set fishery, as managed under the regulatory framework of the 
Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific 
(FEP), was not likely to jeopardize the continued existence of any ESA-
listed species, or result in destruction or adverse modification of 
designated critical habitat.
    The BiOp established an annual incidental take statement 
authorizing the fishery to interact with up to 26 leatherback and 34 
loggerhead sea turtles. Consistent with the BiOp, NMFS revised its 
regulations establishing annual limits on allowable incidental 
interactions between the fishery and leatherback and North Pacific 
loggerhead sea turtles (77 FR 60638, October 4, 2012, codified at 50 
CFR 665.813). If the fishery reaches either of the interaction limits 
in a given year, the regulations require NMFS to close the fishery for 
the remainder of the calendar year.
    In the U.S. District Court of Hawaii, several plaintiffs 
challenged, among other things, the NMFS final rule that revised the 
annual sea turtle interaction limits, and the Court ruled in favor of 
NMFS on all claims (see Turtle Island Restoration Network, et al. v. 
U.S. Dept. of Commerce, et al., (U.S.D.C. 2013), Civil No. 12-00594). 
Plaintiffs appealed the Court's decision and, on December 27, 2017, a 
U.S Ninth Circuit Court of Appeals panel issued a split decision 
affirming the NMFS BiOp regarding leatherback sea turtles, but holding 
that NMFS was arbitrary and capricious in its no-jeopardy determination 
for North Pacific loggerhead turtles (see Turtle Island Restoration 
Network, et al. v. U.S. Dept. of Commerce, et al., 878 F.3d 725 (9th 
Cir. 2017)).
    All parties agreed to settle the case pursuant to the terms 
outlined in a May 4, 2018, Stipulated Settlement Agreement and Court 
Order. As part of the agreement, the U.S. District Court for the 
District of Hawaii ordered NMFS to take several actions, including 
closing the Hawaii shallow-set longline fishery through December 31, 
2018. This rule implements the Court order to close the Hawaii shallow-
set longline fishery through December 31, 2018.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this final rule is consistent with the Court order, the Magnuson-
Stevens Fishery Conservation and Management Act, the Endangered Species 
Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has good cause under the Administrative Procedure Act (5 
U.S.C. 553(b)(B)) to waive prior notice and comment and 30 days delayed 
effectiveness for this temporary rule. The Court Order, in relevant 
parts, vacates that portion of the 2012 Biological Opinion that relates 
to North Pacific loggerheads, and requires NMFS to immediately close 
the Hawaii shallow-set longline fishery until the end of 2018. Under 
the ESA, NMFS may not continue to authorize the shallow-set longline 
fishery until the consultation requirements of ESA section 7(a)(2) have 
been satisfied. Accordingly, providing the public with prior notice and 
comment rule would be contrary to the public interest because NMFS is 
required to immediately close the fishery to prevent further impacts to 
North Pacific loggerhead sea turtles while it completes the new 
biological opinion. In addition, providing prior notice and comment and 
30 days delayed effectiveness are unnecessary because NMFS has no 
discretion to take other action that is inconsistent with any term of 
the Court Order.
    In addition, the regulatory flexibility analysis requirements of 
the Regulatory

[[Page 21940]]

Flexibility Act (5 U.S.C. 603-605) do not apply to this rule. 
Furthermore, because the changes identified in this rule are required 
by the Court Order and non-discretionary, the National Environmental 
Policy Act does not apply to this rule.

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

    Dated: May 8, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-10096 Filed 5-8-18; 4:15 pm]
 BILLING CODE 3510-22-P

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