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.
For complete FR notice, click here.
