[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Rules and Regulations]
[Pages 16346-16349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7695]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000214041-0081-02; I.D. 012100C]
RIN 0648-AN50


Fisheries off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Hawaii-based Pelagic Longline 
Fishery Line Clipper and Dipnet Requirement; Guidelines for Handling of 
Sea Turtles Brought Aboard Hawaii-based Pelagic Longline Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; gear requirements.

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SUMMARY: NMFS issues a final rule to require the possession and use of 
line clippers and dip nets aboard vessels registered for use under a 
Hawaii pelagic longline limited access permit to disengage sea turtles 
hooked or entangled by longline fishing gear. The final rule requires 
the use of specific methods for the handling, resuscitating, and 
releasing of sea turtles. The intended effect of the measures is to 
minimize the mortality of, and injury to, sea turtles hooked or 
entangled by longline fishing gear.

DATES: Effective April 27, 2000.

ADDRESSES: Copies of the environmental assessment (EA) and final 
regulatory flexibility analysis (FRFA) prepared for this action may be 
obtained from Charles Karnella, Administrator, NMFS, Pacific Islands 
Area Office (PIAO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814-4700, and from Alvin Katekaru or Marilyn Luipold, PIAO.

FOR FURTHER INFORMATION CONTACT: Margaret Dupree or Marilyn Luipold, 
808-973-2937.

SUPPLEMENTARY INFORMATION: The Hawaii-based pelagic longline fishery is 
managed under the Fishery Management Plan for the Pelagics Fisheries of 
the Western Pacific Region (FMP). The FMP was prepared by the Western 
Pacific Fishery Management Council (Council) and is implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
660.
    On November 26, 1999, the United States District Court, District of 
Hawaii, entered an Order in CMC v. NMFS directing NMFS to require, 
within 4 months of the date of entry of the Order, ``every vessel with 
a Hawaii longline limited entry permit to carry and use line clippers 
and dip nets to disengage any hooked or entangled sea turtles with the 
least harm possible to the turtles.'' NMFS published a proposed rule on 
February 17, 2000 (65 FR 8107), that provided background. That 
background is not repeated here.

Comments and Responses

    Comment: One commenter objected to the requirement that all vessels 
registered for use under a Hawaii pelagic longline limited access 
permit carry and use a line clipper and dip net. The commenter believes 
longline fishermen targeting tuna south of 24 deg. N. lat. should be 
exempt from the requirements because they do not experience major 
interactions with sea turtles or sea birds.
    Response: Sea turtles may interact with longline gear set for tuna, 
as well as swordfish, and in areas south of 24 deg. N. lat. Embedded 
hooks or entangled line left on a turtle may seriously injure it and 
result in mortality once the turtle is released. Vessels registered 
under a Hawaii longline limited access permit deploy longline gear, and 
therefore, NMFS considers it necessary to require such vessels to 
possess gear intended to assist with disengaging sea turtles hooked or 
entangled by longline fishing gear. NMFS continues to explore and 
consider other appropriate mitigation measures.
    The final rule is unchanged from the proposed rule, with the 
exception of one change to increase the clarity of the rule text. The 
phrase ``comply with'' has been substituted for the term ``follow'' in 
50 CFR 660.22(dd).

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Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an environmental assessment/regulatory impact review/
initial regulatory flexibility analysis (EA/RIR/IRFA). No public 
comments were received on the IRFA (summarized in the Federal Register 
on February 17, 2000, at 65 FR 8107).
    A summary of the final regulatory flexibility analysis (FRFA) 
follows:
    The fishery consists of 114 active vessels, all of which are 
considered small entities, and all of which would be affected. The rule 
does not contain any reporting or record keeping requirements and does 
not duplicate, overlap, or conflict with any other relevant Federal 
rules.
    The preferred alternative, as set forth in this final rule, meets 
the objective of the District Court order while minimizing the economic 
impacts on fishery participants. It accomplishes this by establishing 
gear requirements based on performance and design standards, rather 
than requiring the purchase and use of specific devices. Total cost for 
the materials to fabricate and/or purchase line clippers and dip nets 
is estimated to be $250. The exact cost of resuscitating a sea turtle, 
as described herein, is not known; however, it is expected to be 
minimal.
    In addition to the preferred alternative, two other alternatives 
were evaluated. The first, a ``no action'' alternative, would impose no 
cost burden on small entities; however, this alternative would fail to 
comply with the November 26, 1999, District Court order. The other 
alternative would require each permitted Hawaii pelagic longline vessel 
to purchase and carry on board a specific, prefabricated line clipper 
and sea turtle dip net, as well as require vessel operators to try and 
resuscitate inactive or comatose turtles. This alternative was rejected 
in favor of the preferred alternative. Although the preferred 
alternative also requires resuscitation of sea turtles, it proposes 
design standards for line clippers and dip nets rather than requiring 
the purchase of prefabricated items. Specifying design standards 
encourages innovation and is likely to minimize compliance costs. 
Moreover, such prefabricated line clippers and dip nets are not readily 
available in the commercial market. This rule would result in costs 
that represent less than 1 percent of the average exvessel revenue in 
1998. A copy of the FRFA is available from NMFS (see ADDRESSES).
    An informal consultation under the Endangered Species Act was 
concluded on January 20, 2000. As a result of the informal 
consultation, the Regional Administrator determined that fishing 
activities conducted under this rule are not likely to affect adversely 
endangered or threatened species or critical habitat.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Fishing gear, Guam, Hawaiian Natives, Indians, Northern 
Mariana Islands, Reporting and recordkeeping requirements.

    Dated: March 23, 2000.
Andrew J. Kemmerer,
Acting Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

    2. In Sec. 660.22, new paragraphs (cc) and (dd) are added to read 
as follows:


Sec. 660.22  Prohibitions.

* * * * *
    (cc) Fail to carry line clippers meeting the minimum design 
standards as specified in Sec. 660.32(a)(1), and a dip net as required 
under Sec. 660.32(a)(2), on board a vessel registered for use under a 
Hawaii longline limited access permit.
    (dd) Fail to comply with the sea turtle handling, resuscitation, 
and release requirements specified in Sec. 660.32(b) through (d), when 
operating a vessel registered for use under a Hawaii longline limited 
access permit.
    3. A new Sec. 660.32 is added to part 660 to read as follows:


Sec. 660.32  Sea turtle take mitigation measures.

    (a) Possession and use of required mitigation gear. Line clippers 
meeting minimum design standards as specified in paragraph (a)(1) of 
this section and dip nets meeting minimum standards prescribed in 
paragraph (a)(2) of this section must be carried aboard vessels 
registered for use under a Hawaii longline limited access permit and 
must be used to disengage any hooked or entangled sea turtles with the 
least harm possible to the sea turtles and as close to the hook as 
possible in accordance with the requirements specified in paragraphs 
(b) through (d) of this section.
    (1) Line clippers. Line clippers are intended to cut fishing line 
as close as possible to hooked or entangled sea turtles. NMFS has 
established minimum design standards for line clippers. The Arceneaux 
line clipper (ALC) is a model line clipper that meets these minimum 
design standards and may be fabricated from readily available and low-
cost materials (figure 1). The minimum design standards are as follows:
    (i) A protected cutting blade. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise afforded some protection 
to minimize direct contact of the cutting surface with sea turtles or 
users of the cutting blade.
    (ii) Cutting blade edge. The blade must be capable of cutting 2.0-
2.1 mm monofilament line and nylon or polypropylene multistrand 
material commonly known as braided mainline or tarred mainline.
    (iii) An extended reach holder for the cutting blade. The line 
clipper must have an extended reach handle or pole of at least 6 ft 
(1.82 m).
    (iv) Secure fastener. The cutting blade must be securely fastened 
to the extended reach handle or pole to ensure effective deployment and 
use.
    (2) Dip nets. Dip nets are intended to facilitate safe handling of 
sea turtles and access to sea turtles for purposes of cutting lines in 
a manner that minimizes injury and trauma to sea turtles. The minimum 
design standards for dip nets that meet the requirements of this 
section nets are:
    (i) An extended reach handle. The dip net must have an extended 
reach handle of at least 6 ft (1.82 m) of wood or other rigid material 
able to support a minimum of 100 lbs (34.1 kg) without breaking or 
significant bending or distortion.
    (ii) Size of dip net. The dip net must have a net hoop of at least 
31 inches (78.74 cm) inside diameter and a bag depth of at least 38 
inches (96.52 cm). The bag mesh openings may be no more than 3 inches x 
3 inches (7.62 cm 7.62 cm).
    (b) Handling requirements. (1) All incidentally taken sea turtles 
brought aboard for dehooking and/or disentanglement must be handled in 
a manner to minimize injury and promote post-hooking survival.
    (2) When practicable, comatose sea turtles must be brought on board 
immediately, with a minimum of injury, and handled in accordance with 
the procedures specified in paragraphs (c) and (d) of this section.
    (3) If a sea turtle is too large or hooked in such a manner as to 
preclude safe boarding without causing further damage/injury to the 
turtle, line clippers

[[Page 16348]]

described in paragraph (a)(1) of this section must be used to clip the 
line and remove as much line as possible prior to releasing the turtle.
    (c) Resuscitation. If the sea turtle brought aboard appears dead or 
comatose, the sea turtle must be placed on its belly (on the bottom 
shell or plastron) so that the turtle is right side up and its 
hindquarters elevated at least 6 inches (15.24 cm) for a period of no 
less than 4 hours and no more than 24 hours. The amount of the 
elevation depends on the size of the turtle; greater elevations are 
needed for larger turtles. A reflex test, performed by gently touching 
the eye and pinching the tail of a sea turtle, must be administered by 
a vessel operator, at least every 3 hours, to determine if the sea 
turtle is responsive. Sea turtles being resuscitated must be shaded and 
kept damp or moist but under no circumstance may be placed into a 
container holding water. A water-soaked towel placed over the eyes, 
carapace, and flippers is the most effective method in keeping a turtle 
moist. Those that revive and become active must be returned to the sea 
in the manner described in paragraph (d) of this section. Sea turtles 
that fail to revive within the 24-hour period must also be returned to 
the sea in the manner described in paragraph (d)(1) of this section.
    (d) Release. Live turtles must be returned to the sea after 
handling in accordance with the requirements of paragraphs (b) and (c) 
of this section:
    (1) By putting the vessel engine in neutral gear so that the 
propeller is disengaged and the vessel is stopped, and releasing the 
turtle away from deployed gear; and
    (2) Observing that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.

[[Page 16349]]

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[FR Doc. 00-7695 Filed 3-24-00; 1:18 pm]
BILLING CODE 3510-22-F