[Federal Register Volume 66, Number 240 (Thursday, December 13, 2001)]
[Rules and Regulations]
[Pages 64378-64379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30829]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 010710169-1169-01; I.D. 060401B]
RIN 0648-AP31


Atlantic Highly Migratory Species; Pelagic Longline Fishery; Sea 
Turtle Protection Measures

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

ACTION: Emergency rule; extension of expiration date; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: NMFS extends the expiration date of the emergency rule that 
closed the Northeast Distant Statistical Reporting (NED) Area to 
pelagic longline fishing, required modifications in deploying pelagic 
longline fishing gear, and required sea turtle handling and release 
guidelines for bottom and pelagic longline fisheries to be posted in 
the wheelhouse. This extension is necessary to maintain the reduction 
in bycatch and bycatch mortality of loggerhead and leatherback sea 
turtles in the Atlantic bottom and pelagic longline fisheries as 
required by the June 14, 2001, Biological Opinion (BiOp).

DATES: The expiration date of the emergency rule published July 13, 
2001 (66 FR 36711), is extended to July 8, 2002. Comments must be 
received no later than 5 p.m. on February 11, 2002.

ADDRESSES: Written comments on this action must be mailed to 
Christopher Rogers, Chief, NMFS Highly Migratory Species Management 
Division, 1315 East-West Highway, Silver Spring, MD 20910; or faxed to 
301-713-1917. Comments will not be accepted if submitted via email or 
the Internet. Copies of the environmental assessment and regulatory 
impact review prepared for the July 13, 2001, emergency rule may be 
obtained from Tyson Kade at the same address.

FOR FURTHER INFORMATION CONTACT: Tyson Kade or Karyl Brewster-Geisz at 
301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic swordfish and tuna fisheries 
are managed under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act. Atlantic sharks are managed under the authority 
of the Magnuson-Stevens Act. The Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks (HMS FMP) is implemented by regulations at 
50 CFR part 635.

Pelagic Longline Fishery

    Pelagic longline gear is a type of commercial fishing gear used by 
U.S. fishermen in the Atlantic Ocean to target highly migratory species 
(HMS). The gear consists of a mainline, often many miles long, 
suspended in the water column by floats and from which baited hooks are 
attached on leaders (gangions). Though not completely selective, 
longline gear can be modified (e.g., gear configuration, hook depth, 
timing of sets) to target yellowfin tuna, bigeye tuna, sharks, or 
swordfish.
    Data collected through observer and vessel logbook programs 
indicate that pelagic longline fishing for Atlantic swordfish and tunas 
often results in the catch of non-target finfish species, including 
sharks, bluefin tuna, billfish, undersized swordfish, and of protected 
species, including threatened and

[[Page 64379]]

endangered sea turtles. The bycatch of protected species (sea turtles 
or marine mammals) may significantly impair the recovery of these 
species. Consistent with national standard 9 of the Magnuson-Stevens 
Act, NMFS has implemented measures to reduce bycatch and bycatch 
mortality to the extent practicable in the Atlantic bottom and pelagic 
longline fisheries.

Area Closure and Gear Modifications

    The intent of extending this emergency rule is to maintain the 
reduction in the incidental take and mortality of sea turtles captured 
by pelagic longlines. The first measure continues the closure of the 
NED area, which became effective July 15, 2001. The NED area has the 
highest incidental take rate of sea turtles by the U.S. pelagic 
longline fleet. This regulatory extension will close the NED area to 
vessels that have been issued, or are required to have, Federal HMS 
limited access permits and/or use pelagic longline gear. The closed 
area is bounded by the following coordinates: 35 deg.00' N. lat., 
60 deg.00' W. long.; 55 deg.00' N. lat., 60 deg.00' W. long.; 
55 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 20 deg.00' 
W. long. This closure comprises an area of approximately 2,631,000 
square nautical miles (nm\2\), including the Grand Banks and other 
fishing locations. Only larger vessels, primarily fishing out of ports 
in the northeast, travel to this area on a seasonal basis, from June 
through October. Although the NED area is large, vessels fishing in 
that area primarily utilize less than 10 percent of the total area 
subject to the closure.
    The second measure, which became effective August 1, 2001, is 
designed to reduce the mortality rate of captured sea turtles year-
round and in all fishing areas. All Atlantic vessels that use pelagic 
longline gear and have been issued, or are required to have, Federal 
HMS limited access permits are prohibited from setting gangions within 
two gangion lengths of the floatline. Specifically, while the gear is 
deployed, gangions may not be attached to floatlines, nor to the 
mainline except at a distance from the attachment point of the 
floatline to the mainline of at least twice the length of the average 
gangion length in the set. Based on information from the Hawaii 
longline fleet, hooks that are beneath or adjacent to floatlines have a 
much higher incidental take of sea turtles than hooks one or more 
positions away from the floatline. NMFS projects that this measure will 
result in reductions of 22 percent for loggerhead interactions and 24 
percent for leatherback interactions.
    In addition to restricting the gangion placement relative to the 
floatline, all Atlantic vessels that use pelagic longline gear and have 
been issued, or are required to have, Federal HMS limited access 
permits must continue to deploy the gear during shallow sets so that 
the length of the gangion is greater than the length of the floatline. 
The intent of this requirement is to ensure that hooked or entangled 
turtles have sufficient slack line to be able to reach the surface and 
avoid drowning. For longline sets in which the combined depth of the 
floatline plus the gangion is 100 meters or less, the length of the 
gangion must be at least 10 percent longer than th e length of the 
floatline. For sets over 100 meters, the requirement does not apply.
    Finally, all Atlantic bottom and pelagic longline vessels that have 
been issued, or are required to have, Federal HMS permits are required 
to post inside the wheelhouse the guidelines for the safe handling of 
sea turtles captured in a pelagic longline interaction. This measure 
allows vessel captains to refer to the appropriate handling and release 
guidelines in the event a sea turtle is accidentally hooked or 
entangled. The requirement to post sea turtle handling instructions 
became effective September 15, 2001. NMFS distributed the guidelines 
via mail to all HMS bottom and pelagic longline permit holders and 
announced this requirement and the availability of the guidelines via 
the fax network. If a vessel owner did not receive the document, it is 
available for downloading from the Internet at: http://www.nmfs.noaa.gov/sfa/hmspg.html, or NMFS can be contacted to request a 
copy (see ADDRESSES).

Classification

    This emergency rule extension is issued under the authority of the 
Magnuson-Stevens Act and the Atlantic Tunas Convention Act. The 
Assistant Administrator for Fisheries, NOAA (AA) has determined that 
these regulations are necessary to comply with the requirements of the 
June 14, 2001, BiOp.
    NMFS prepared an Environment Assessment for this emergency rule 
that describes the impact on the human environment and found that no 
significant impact would result. This emergency rule extension is of 
limited duration. NMFS is in the process of developing a rule, 
including an environmental impact statement, that will propose measures 
necessary to meet the requirements of the June 14, 2001, BiOp.
    To comply with Executive Order 12866, NMFS also prepared a 
Regulatory Impact Review for this action which assesses the net 
economic costs and benefits of this action. Additional details 
concerning the basis for this action are contained in the initial 
emergency rule and are not repeated here.
    The AA finds that there is good cause to waive the requirement to 
provide prior notice and an opportunity for public comment pursuant to 
authority set forth at 5 U.S.C. 553 (b)(B), as providing prior notice 
and an opportunity for public comment would be contrary to the public 
interest. Public comments were received regarding the April 11, 2001, 
draft BiOp which indicated the measures to be implemented by this 
emergency rule. These comments were addressed, as appropriate, by the 
final draft of the BiOp, issued June 14, 2001.
    NMFS received two comments on the initial emergency rule. The first 
comment expressed concern over the effectiveness of making the gangions 
110 percent of the floatline length. NMFS expects this issue to be 
addressed and assessed during the ongoing experimental fishery. The 
second comment expressed support for the measures implemented in the 
emergency rule as a means of reducing bycatch in the pelagic longline 
fishery. Comments received on this emergency rule extension will be 
responded to in the course of the upcoming proposed and final 
regulations.
    The AA has determined that this emergency rule is consistent to the 
maximum extent practicable with the coastal zone management programs of 
those Atlantic, Gulf of Mexico, and Carribean coastal states that have 
approved coastal zone management programs. NMFS notified the states 
concerning the July 13, 2001, emergency rule and requested that they 
notify the agency with respect to concurrence with the consistency 
determination. All states that have replied agreed with this 
determination.

    Dated: December 5, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-30829 Filed 12-12-01; 8:45 am]
BILLING CODE 3510-22-S