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This action would establish an annual limit on the allowable number of incidental interactions that may occur between the Hawaii shallow-set pelagic longline fishery and North Pacific loggerhead sea turtles at 17, in compliance with an order of the U.S. District Court for the District of Hawaii (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, District of Hawaii, ordered NMFS to close the fishery for the remainder of the 2018 fishing year. On May 11, 2018, NMFS published a temporary rule closing the shallow-set longline fishery until December 31, 2018 (83 FR 21939). The Court Order also requires NMFS to implement a new regulation that establishes the annual interaction limit for North Pacific loggerhead sea turtle at 17, effective on January 1, 2019. This rule implements the Court order by establishing the annual interaction limit for North Pacific loggerhead sea turtle at 17.

Overall Description of Deadline: U.S. District Court for the District of Hawaii ordered NMFS to promulgate a new regulation, which shall be effective on January 1, 2019, establishing the annual limit on North Pacific loggerhead sea turtle physical interactions at 17, consistent with the incidental take statement from the 2004 Biological Opinion published on February 23, 2004. See Turtle Island Restoration Network, et al. v. U.S. Dept. of Commerce, et al., (U.S. D.C. 2013), Civil No. 12-00594).