Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Closure of Southern Exclusion Zone, 33848-33851 [2018-15332]
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33848
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
2. In § 52.1220, the table in paragraph
(d) is amended by revising the entry for
‘‘Flint Hills Resources Pine Bend, LLC’’
to read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1220
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS
Name of source
*
Flint Hills Resources Pine
Bend, LLC..
*
*
*
State
effective
date
Permit No.
*
*
03700011–101
*
*
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 18–699; MB Docket No. 18–43; RM–
11797]
Radio Broadcasting Services;
Connerville, Oklahoma
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
*
*
Only conditions cited as ‘‘Title I Condition: 40
CFR Section 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR
pt. 52, subp. Y’’.
At the request of The
Chickasaw Nation, the Audio Division
amends the FM Table of Allotments by
allotting FM Channel 247A at
Connerville, Oklahoma, as a Tribal
Allotment and a first local Tribal-owned
service to the community. A staff
engineering analysis indicates that
Channel 247A can be allotted at
Connerville, Oklahoma, as proposed,
consistent with the minimum distance
separation requirements of the
Commission’s rules with a site
restriction 9.40 km (5.84 miles)
southwest of the community. The
reference coordinates are 34–25–00 NL
and 96–43–53 WL.
DATES: Effective August 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk, Media Bureau,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 18–43,
adopted July 5, 2018, and released July
6, 2018. The full text of this
Jkt 244001
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List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
SUMMARY:
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*
*
7/18/2018, [Insert Federal
Register citation].
Commission decision is available for
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street SW, Washington,
DC 20554. The full text is also available
online at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of the Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
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17:26 Jul 17, 2018
1/13/2017
Comments
*
[FR Doc. 2018–15253 Filed 7–17–18; 8:45 am]
VerDate Sep<11>2014
EPA approval date
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
*
*
Channel No.
*
*
*
*
*
Oklahoma
*
*
*
*
Connerville ................................
*
*
*
*
*
*
*
*
*
247A
*
*
[FR Doc. 2018–15309 Filed 7–17–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
RIN 0648–XG334
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336, and 339.
2. In § 73.202(b), the table is amended
under Oklahoma by adding Connerville,
Channel 247A, in alphabetical order to
read as follows:
■
§ 73.202
*
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Table of Allotments.
*
*
(b) * * *
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Pacific Island Pelagic Fisheries; False
Killer Whale Take Reduction Plan;
Closure of Southern Exclusion Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure;
request for comments.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
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.
Effective July 24, 2018, through
December 31, 2018.
NMFS must receive comments by
August 17, 2018.
DATES:
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-20180085. 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,
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ADDRESSES:
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17:26 Jul 17, 2018
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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, kevin.brindock@
noaa.gov; or Kristy Long, NMFS Office
of Protected Resources, 301–526–4792,
kristy.long@noaa.gov.
SUPPLEMENTARY INFORMATION: The False
Killer Whale Take Reduction Plan (Plan)
was implemented on December 31,
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Fmt 4700
Sfmt 4700
33849
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 deepset 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° 30′ W longitude, on the west
at 165° 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.
BILLING CODE 3510–22–P
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BILLING CODE 3510–22–C
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
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17:26 Jul 17, 2018
Jkt 244001
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
PO 00000
Frm 00056
Fmt 4700
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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
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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
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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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 180209155–8589–02]
RIN 0648–BH77
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing Limits in
Purse Seine and Longline Fisheries,
Restrictions on the Use of Fish
Aggregating Devices in Purse Seine
Fisheries, and Transshipment
Prohibitions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act
(WCPFC Implementation Act), NMFS
issues this final rule that establishes
limits on fishing effort by U.S. purse
seine vessels in the U.S. exclusive
economic zone and on the high seas
between the latitudes of 20° N and 20°
S in the area of application of the
Convention on the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Convention); restrictions
regarding the use of fish aggregating
devices (FADs) for U.S. purse seine
fishing vessels; limits on the catches of
bigeye tuna by U.S. longline vessels in
the Convention area; prohibitions on
U.S. vessels used to fish for highly
migratory species from engaging in
transshipment in a particular area of the
high seas (the Eastern High Seas Special
Management Area or EHSSMA); and
removal of existing reporting
requirements for vessels transiting the
EHSSMA. The rule also makes
corrections to outdated cross references
in existing regulatory text. This action is
necessary to satisfy the obligations of
the United States under the Convention,
to which it is a Contracting Party.
DATES: This rule is effective on July 18,
2018, except for the revised reporting
requirements in 50 CFR 300.218(g),
which contains information collection
requirements that have not been
approved by the Office of Management
and Budget (OMB). NOAA will publish
a document in the Federal Register
announcing the effective date for the
revised reporting requirements upon
OMB approval.
SUMMARY:
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33851
Compliance dates: The compliance
date for the amendment to 50 CFR
300.223(b), the FAD prohibition period,
is July 18, 2018. The compliance date
for the amendment to 50 CFR 300.225,
the EHSSMA transshipment
prohibition, is January 1, 2019.
ADDRESSES: Copies of supporting
documents prepared for this final rule,
including the regulatory impact review
(RIR), the 2015 programmatic
environmental assessment (PEA), the
2012 environmental assessment, and
supplemental information report (SIR)
prepared for National Environmental
Policy Act (NEPA) purposes, as well as
the proposed rule (83 FR 21748; May 10,
2018), are available via the Federal
e-rulemaking Portal, at
www.regulations.gov (search for Docket
ID NOAA–NMFS–2018–0050). Those
documents are also available from
NMFS at the following address: Michael
D. Tosatto, Regional Administrator,
NMFS, Pacific Islands Regional Office
(PIRO), 1845 Wasp Blvd., Building 176,
Honolulu, HI 96818.
A final regulatory flexibility analysis
(FRFA) prepared under authority of the
Regulatory Flexibility Act is included in
the Classification section of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Rini
Ghosh, NMFS PIRO, 808–725–5033.
SUPPLEMENTARY INFORMATION: On May
10, 2018, NMFS published a proposed
rule in the Federal Register (83 FR
21748). The proposed rule was open for
public comment until May 25, 2018.
This final rule is issued under the
authority of the Western and Central
Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act) (16 U.S.C. 6901 et
seq.), which authorizes the Secretary of
Commerce, in consultation with the
Secretary of State and the Secretary of
the Department in which the United
States Coast Guard is operating
(currently the Department of Homeland
Security), to promulgate such
regulations as may be necessary to carry
out the obligations of the United States
under the Convention, including the
decisions of the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC or Commission). The WCPFC
Implementation Act further provides
that the Secretary of Commerce shall
ensure consistency, to the extent
practicable, of fishery management
programs administered under the
WCPFC Implementation Act and the
Magnuson-Stevens Fishery
Conservation and Management Act
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]]>Agencies
[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.
-----------------------------------------------------------------------
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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[[Page 33850]]
[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]
BILLING CODE 3510-22-P
