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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

et al. D. HI Civil 1600095, seeking to set aside the 2016 final rule. The Territory claimed that NMFS did not consider, as other applicable law, the 1900 and 1904 Cessions with respect to the protection of cultural fishing rights of the people of American Samoa. On March 20, 2017, the U.S. District Court for the District of Hawaii held that the 2016 final rule was arbitrary and capricious because NMFS did not consider whether the rule and its impacts on cultural fishing were consistent with the Cessions. On August 10, 2017, the U.S. District Court denied Defendants Motion for Reconsideration of this decision. Accordingly, NMFS
published a final rule 82 FR 43908, September 20, 2017 that removed the regulatory exemption that allowed large vessels to fish within certain areas of the LVPA.
NMFS appealed the district court decision to the U.S. Court of Appeals for the Ninth Circuit Territory of American Samoa v. NMFS et al., No. 1717081
9th Cir.. On September 25, 2020, a 9th Circuit Court panel unanimously held that NMFS had properly considered the impact of the 2016 LVPA rule on cultural fishing and fishing communities, regardless of whether it specifically considered the Cessions.
American Samoa subsequently filed a petition for a writ of certiorari, which on June 21, 2021, the Supreme Court denied. Pursuant to the 9th Circuit Court mandate on November 17, 2020, this final rule reinstates the LVPA
exemptions established in the 2016 final rule 81 FR 5619, and codified at 50 CFR
665.818b. This rule allows U.S. large longline vessels that hold a Federal American Samoa longline limited entry permit to fish within the LVPA to approximately 1217 nm from the shoreline around Swains Island, Tutuila, and the Manua Islands. All other provisions applicable to the fishery remain unchanged.
Classification NMFS is issuing this rule pursuant to 305d of the Magnuson-Stevens Act because this action is necessary to carry out the Ninth Circuit Order. The Assistant Administrator for Fisheries has determined that this final rule is consistent with the Ninth Circuit Order, the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific, and other applicable law.
The Assistant Administrator for Fisheries finds good cause to waive notice and public comment on this action because it would be unnecessary
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and contrary to the public interest, as provided by 5 U.S.C. 553bB. This action reinstates an exemption that was implemented by prior rulemaking, including the opportunity for notice and comment, and that was set aside by a district court. That district court decision has been reversed by the Ninth Circuit Court of Appeals. NMFS does not have discretion to take other action, as there is no alternative to complying with the requirements of the Ninth Circuit Order.
Furthermore, the Assistant Administrator for Fisheries finds good cause to waive the 30-day delayed effectiveness period, as provided by 5
U.S.C. 553d3, finding that such delay would be contrary to the public interest because the measures contained in this rule are necessary to ensure that the fishery is conducted in compliance with the Ninth Circuit Order.
Because this rulemaking is required by a Ninth Circuit Order, and prior notice and opportunity for public comment are not required under 5
U.S.C. 553, or any other law, the regulatory flexibility analysis requirements of the Regulatory Flexibility Act, 5 U.S.C. 603605, do not apply to this rule. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
In addition, because the changes required by the Ninth Circuit Order identified in this rule are nondiscretionary, the National Environmental Policy Act does not apply to this rule.
This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.
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, American Samoa, Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 6, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, NMFS amends 50 CFR part 665 as follows:
PART 665FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 50 CFR
part 665 continues to read as follows:

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

2. In 665.818, add paragraph b to read as follows:

665.818 Exemptions for American Samoa large vessel prohibited areas.

b Exemption for vessel size. Except as otherwise prohibited in subpart I of this part, a vessel of any size that is registered for use with a valid American Samoa longline limited access permit is authorized to fish for western Pacific pelagic MUS within the American Samoa large vessel prohibited areas as defined in 665.806b, except that no large vessel as defined in 665.12 may be used to fish for western Pacific pelagic MUS in the portions of the American Samoa large vessel prohibited areas, as follows:
1 EEZ waters around Tutuila Island enclosed by straight lines connecting the following coordinates the datum for these coordinates is World Geodetic System 1984 WGS84:
Point TU1
TU2
TU3
TU4
TU5
TU1

S. lat.
140142
140142
143431
143431
140247
140142

W. long.
1710236
1702022
1702022
1710310
1710310
1710236

2 EEZ waters around the Manua Islands enclosed by straight lines connecting the following coordinates WGS84:
Point MA1
MA2
MA3
MA4
MA1

S. lat.
135716
135716
142828
142828
135716

W. long.
1695337
1691245
1691245
1695337
1695337

3 EEZ waters around Swains Island enclosed by straight lines connecting the following coordinates WGS84:
Point SW1
SW2
SW3
SW4
SW1

S. lat.
105042
105042
111608
111608
105042

W. long.
1711742
1705139
1705139
1711742
1711742

FR Doc. 202114623 Filed 7621; 4:15 pm BILLING CODE 351022P

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