[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Proposed Rules]
[Pages 20945-20951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10081]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020311051-2051-01; I.D. 022002C]
RIN 0648-AN75


Fisheries Off West Coast States and in the Western Pacific; 
Western Pacific Pelagic Fisheries; Pelagic Longline Gear Restrictions, 
Seasonal Area Closure, and Other Sea Turtle Take Mitigation Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule that would implement the 
reasonable and prudent alternatives of the March 29, 2001, Biological 
Opinion (BiOp) issued by NMFS under the Endangered Species Act (ESA). 
This proposed rule is intended to reduce interactions between 
endangered and threatened sea turtles and pelagic fishing gear and to 
mitigate the harmful effects of interactions that occur. This proposed 
rule would apply to the owners and operators of all vessels fishing for 
pelagic species under Federal western Pacific limited access longline 
permits (longline vessels) within the exclusive economic zone (EEZ) and 
the high seas around Hawaii, as well as those fishing for pelagic 
species with other types of hook and line gear (non-longline pelagic 
vessels) within the EEZ around Hawaii, American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, Midway, Johnston or 
Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland 
Islands (the western Pacific region). This proposed rule would prohibit 
the targeting of swordfish north of the equator by longline vessels, 
close all longline fishing to longline vessels during April and May in 
waters south of the Hawaiian Islands (from 15 deg. N. lat. to the 
equator, and from 145 deg. W. long. to 180 deg. long.), prohibit the 
landing or possessing of more than 10 swordfish per fishing trip by 
longline vessels fishing north of the equator, allow the re-
registration of vessels to Hawaii longline limited access permits only 
during the month of October, require all longline vessel operators to 
annually attend a protected species workshop and, impose sea turtle 
handling and resuscitation measures on both longline vessels, and non-
longline pelagic vessels.

DATES: Comments on this proposed rule must be received no later than 5 
p.m., Hawaiian standard time, on May 14, 2002.

ADDRESSES: Written comments on this proposed rule or its Initial 
Regulatory Flexibility Analysis (IRFA) must be mailed to Dr. Charles 
Karnella, Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI, 96814-4700; or faxed to 808-
973-2941. Comments will not be accepted if submitted via e-mail or the 
Internet. Copies of the Environmental Impact Statement (EIS), 
Regulatory Impact Review, and IRFA prepared for this action may be 
obtained from Dr. Charles Karnella, PIAO. See also http://swr.nmfs.noaa.gov to view the EIS.

FOR FURTHER INFORMATION CONTACT: Alvin Katekaru, PIAO, at 808-973-2937.

SUPPLEMENTARY INFORMATION: The BiOp concluded that the ongoing 
operations of the pelagic fisheries of the western Pacific region 
managed under the Fishery Management Plan for Pelagic Fisheries of the 
Western Pacific Region (FMP), particularly the Hawaii-based longline 
fishery, were likely to jeopardize the continued existence of green, 
leatherback, and loggerhead sea turtles. This conclusion was based on 
the status of these sea turtle populations, as well as the types and 
numbers of fishery interactions that occur annually. The majority of 
interactions are believed to involve Hawaii-based longline vessels and 
typically are the result of hookings or entanglements with fishing gear 
that is soaking in the water column. A percentage of these turtles die 
and others are released alive. Of those released alive, some are 
injured and released with embedded hooks or trailing gear while others 
are released unharmed. Historic data (1994-1999) indicate that, on 
average, this fishery was annually involved in 40 interactions with 
green sea turtles, 112

[[Page 20946]]

interactions with leatherback sea turtles, and 418 interactions with 
loggerhead sea turtles. For this reason, the BiOp included a series of 
non-discretionary measures within its reasonable and prudent 
alternatives that are applicable to Hawaii-based longline vessels and 
which NMFS implemented as an emergency rule effective June 12, 2001, 
and subsequently extended on December 10, 2001. Because the Magnuson-
Stevens Fishery Conservation and Management Act authorizes the 
implementation of emergency rules for no more than two consecutive 180-
day periods, that emergency rule will expire on June 8, 2002. The 
entire suite of measures contained in the BiOp's reasonable and prudent 
alternatives have now been recommended for implementation by the 
Western Pacific Fishery Management Council, and comprise the measures 
contained in this proposed rule.
    The BiOp also examined the impact of non-longline FMP pelagic hook 
and line fisheries in the western Pacific region. The known level of 
effort and the selectivity of gear used in these fisheries led NMFS to 
conclude that few interactions have historically occurred in these 
fisheries. However, the BiOp includes non-discretionary measures 
applicable to these non-longline pelagic fisheries to provide for the 
protection of sea turtles in any interaction with this fishing gear. 
These measures require the operators of all hook and line vessels to 
carry line cutters and bolt cutters on their vessels and to use them to 
release any hooked turtle or entangled turtle with the least harm 
possible.
    The entire suite of non-discretionary measures contained in the 
BiOp's reasonable and prudent alternatives was also included in the 
preferred alternative identified in a final EIS issued by NMFS on March 
30, 2001. That EIS provides a comprehensive assessment of the 
environmental impacts of fishing activities conducted under the FMP on 
the human environment and provides detailed analysis of a range of 
management alternatives (see ADDRESSES).
    The measures in this proposed rule are intended to directly 
mitigate interactions between sea turtles and longline fishing vessels 
by ensuring that longline gear used north of the equator is set deeply 
where it is less likely to be encountered by sea turtles, and by 
preventing Hawaii-based vessel operators from moving their operations 
to California or other areas during swordfish season, de-registering 
their vessels from their Hawaii limited access longline permits, 
fishing without employing the mitigation measures specified here, and 
then moving back to Hawaii and re-registering their vessels to take 
advantage of the Hawaii tuna season. These measures are also intended 
to indirectly mitigate interactions with sea turtles by requiring all 
longline vessel operators to be educated on the status of sea turtles, 
as well as to follow handling, resuscitation, and release procedures. 
Finally, aspects of this rule that apply to non-longline pelagic 
fishing vessels will mitigate interactions with sea turtles by ensuring 
that they are handled, resuscitated, and released in a manner that 
promotes their long term survival.
    This proposed rule would implement the following restrictions 
governing the owners and operators of all vessels registered for use 
under either a Hawaii longline limited access permit or a longline 
general permit (longline vessels): (a) Prohibit longline vessels from 
using longline gear to target swordfish north of the equator; (b) 
require longline gear to be deployed such that the deepest point of the 
main longline between any 2 floats, (i.e., the deepest point in each 
sag of the main line), is at a depth greater than 100 m (328.1 ft or 
54.6 fm) below the sea surface when fishing north of the equator; (c) 
require that a minimum of 15 branch lines are used between any 2 floats 
on vessels using monofilament gear when fishing north of the equator; 
(d) require that a minimum of 10 branch lines are deployed between any 
2 floats on vessels using basket-style longline gear when fishing north 
of the equator; (e) require that longline vessel operators possess and 
employ float lines of at least 20 m (65.6 ft) to suspend the mainline 
beneath any float on fishing trips north of the equator; (f) prohibit 
possession of a lightstick on board a longline vessel on fishing trips 
north of the equator; (g) prohibit the landing or possessing of more 
than 10 swordfish per trip by longline vessels fishing north of the 
equator; (h) prohibit fishing by longline vessels from April 1 through 
May 31 in the area bounded on the south by the equator, on the west by 
180 deg. long., on the east by 145 deg. W. long., and on the north by 
15 deg. N. lat.; (i) discourage the practice of de-registering a boat 
in the Hawaii longline fisheries in order to fish out of non-Hawaii-
based ports and avoid turtle catch mitigation requirements, allow the 
processing of applications for the re-registration of a vessel that has 
been de-registered from a Hawaii longline limited access permit after 
March 29, 2001, only during the month of October and require that 
applications must be received or post-marked between September 15 and 
October 15 to allow sufficient time for processing; and (j) require 
operators of longline vessels to annually attend a protected species 
workshop conducted by NMFS. This proposed rule would use slightly 
different wording from the current emergency rule in place for the 
requirement (see Sec. 660.33(b)) that float lines used to suspend the 
mainline beneath floats be longer than 20 m (65.6 ft) when longlining 
north of the equator. The revision clarifies that vessel operators may 
not maintain on board the vessel multiple shorter float lines and claim 
the lines will be fastened together to form a line exceeding 20 m when 
or if deployed. The revised wording clarifies that the restriction 
applies not just to float lines when actually deployed, but also to 
float lines that are merely possessed on board a permitted vessel. 
Also, the prohibition on the use of lightsticks would be clarified to 
mean any type of light emitting device, including any flourescent 
``glow bead,'' chemical, or electrically powered light that is affixed 
underwater to the longline gear.
    This proposed rule would also: (k) Require gear retrieval to cease 
if a sea turtle is discovered hooked or entangled on a longline during 
gear retrieval, until the turtle has been removed from the gear or 
brought onto the vessel's deck; (l) require operators of all ``large'' 
longline vessels (those with a working platform 3 ft (0.9 m) or more 
above the sea surface) to, if practicable, use a dip net meeting NMFS' 
specifications as prescribed in 50 CFR 660.32 to hoist a sea turtle 
onto the deck to facilitate the removal of the hook or to revive a 
comatose sea turtle. Operators of all ``small'' longline vessels (those 
with a working platform less than 3 ft (0.9 m) above the sea surface) 
would be required to, if practicable, ease a sea turtle onto the deck 
by grasping its carapace (shell) or flippers.
    In addition, the operators of all longline vessels within the EEZ 
and the high seas around Hawaii, and non-longline pelagic fishing 
vessels fishing with hooks within EEZ waters of the western Pacific 
region, would be required to: (m) Carry and use line-clippers to cut 
fishing line from hooked or entangled sea turtles. Operators of 
``large'' vessels (those with working platforms more than 3 ft (0.9 m) 
above the sea surface) would be required to use line clippers meeting 
NMFS' performance standard as prescribed in 50 CFR 660.32. Operators of 
``small'' vessels (those with working platforms 3 ft (0.9 m) or less 
above the sea surface) could carry and use either a line cutter

[[Page 20947]]

that meets NMFS' performance standard, or one that is more appropriate 
to the size and configuration of the fishing vessel, but in either case 
this line clipper must be capable of cutting the vessel's fishing line 
or leader within approximately 1 ft of the eye of an embedded hook; (n) 
carry and use wire or bolt cutters capable of cutting through fishing 
hooks to facilitate cutting of hooks embedded in sea turtles; (o) 
remove all hooks from sea turtles as quickly and carefully as possible; 
however, if a hook cannot be removed, cut the line as close to the hook 
as possible; (p) handle all incidentally taken sea turtles brought 
aboard for dehooking and/or disentanglement in a manner to minimize 
injury and promote post-hooking survival. If a sea turtle is too large 
or hooked in such a manner to preclude safe boarding without causing 
further damage/injury to the turtle, use line-clippers to clip the line 
and remove as much line as possible prior to releasing the turtle; and 
(q) where practicable, bring comatose sea turtles on board the vessel 
and perform resuscitation as prescribed in 50 CFR 223.206 (d)(1), 
660.22, and 660.32.
    This proposed rule would define Basket-style longline gear as a 
type of longline gear that is divided into units called ``baskets'' 
each consisting of a segment of mainline to which 10 or more branch 
lines with hooks are spliced. The lines are made of multiple braided 
strands of cotton, nylon, or other synthetic fibers impregnated with 
tar or other heavy coatings that cause the lines to sink rapidly in 
seawater.

Classification

    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    On March 30, 2001, NMFS issued an EIS that analyzes the 
environmental impacts of U.S. pelagic fisheries in the western Pacific 
region. The EIS was filed with the Environmental Protection Agency; a 
Notice of Availability was published on April 6, 2001 (66 FR 18243). 
See the preamble of this proposed rule for a discussion of the portions 
of the preferred alternative of the EIS that would be implemented by 
this rule. See the EIS for a discussion of the other alternatives 
considered by NMFS.
    NMFS estimates that these measures would result in interactions 
between the Hawaii-based longline fishery and 11 green sea turtles 
(including 7 mortalities), 29 leatherback sea turtles (including 16 
mortalities), and 0-5 interactions with loggerhead sea turtles 
(including 0-2 mortalities) each year. The EIS also estimated that 
these measures would result in annual interactions between all western 
Pacific regional pelagic handline, troll, and pole and line fisheries 
of 1 sea turtle per fishery (not specified by species) with no 
mortalities. The EIS found these measures are also expected to result 
in annual interactions between domestic longline fisheries based in 
American Samoa, Guam, and the Northern Mariana Islands of 3 hardshell 
turtles (not specified by species) and 1 leatherback turtle, per 
fishery (with 1 hardshell turtle mortality per fishery). Impacts of 
these measures on seabirds are anticipated to be positive due to the 
prohibition on shallow setting which is known to have a higher seabird 
interaction rate. Impacts on target and non-target fish stocks are 
anticipated to be minimal as these measures are not expected to 
significantly increase exploitation of these species. Broad social 
impacts of these measures are anticipated to be positive in that they 
are intended to mitigate sea turtle and seabird interactions. However, 
these measures may negatively impact individual fishery related 
workers, as well as consumers of fishery products.
    A formal section 7 consultation under the ESA was concluded for the 
FMP. In a BiOp dated March 29, 2001, NMFS determined that fishing 
activities conducted under the FMP and its implementing regulations 
were likely to jeopardize the continued existence of the green sea 
turtle, leatherback turtle, and loggerhead turtle under the 
jurisdiction of NMFS and prescribed non-discretionary reasonable and 
prudent alternatives for this FMP to mitigate that determination. As 
described previously in this preamble, this proposed rule would 
implement those non-discretionary reasonable and prudent alternatives.
    NMFS reinitiated consultation on the Pelagics FMP on December 12, 
2001, based on new information which may improve NMFS' ability to 
quantify and evaluate the effects of the U.S. pelagic fisheries under 
the FMP and the reasonable and prudent alternative in the March 29, 
2001, BiOp on listed sea turtle populations.
    An IRFA that describes the impact this proposed rule, if adopted, 
would have on small entities was prepared and is available from the 
PIAO office for public review and comment(see ADDRESSES). A summary of 
the IRFA follows.
    The need for and objectives of this proposed rule are stated in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this document and are 
not repeated here. This action does not contain reporting and record 
keeping requirements that would impact small entities. It will not 
duplicate, overlap, or conflict with any other Federal rules. This 
action is taken under authority of the Magnuson-Stevens Fishery 
Conservation and Management Act and regulations at 50 CFR part 660.
    Both large and small vessels affected by this proposed rule are 
considered to be ``small entities'' under guidelines issued by the 
Small Business Administration because they are independently owned and 
operated, and have annual receipts not in excess of $3.5 million. Only 
the Hawaii-based longline fleet is expected to experience significant 
direct effects from this proposed rule. This fishery averaged annual 
ex-vessel gross revenues of $40.7 million between 1994-1998 (the focus 
of the BiOp and the last full years prior to the implementation of a 
sequence of measures to protect sea turtles).
    Assuming that fishing effort that is displaced as a result of the 
swordfish targeting prohibition or seasonal area closure is transferred 
into allowable effort in open areas, the anticipated annual loss of ex-
vessel gross revenues from this fishery is estimated to be 11 percent 
($4.3 million). At the other end of the extreme is a scenario in which 
all displaced effort is removed from the western Pacific longline 
fishery, resulting in an estimated annual decline of 42 percent ($17.2 
million) in ex-vessel gross revenues.
    Impacts on the American Samoa-based pelagic longline fisheries (the 
only active non-Hawaii longline fishery in the western Pacific region) 
are anticipated to be minimal, as these vessels generally fish below 
the equator and thus will not be affected by either the targeting 
restrictions or the seasonal area closure. The only direct cost for 
this fleet is that of acquiring bolt cutters and line clippers, for the 
smaller vessels, and bolt cutters, line clippers, and dip nets for the 
larger vessels. Assuming that these items are purchased from businesses 
in Hawaii and are useable for several years, the average cost per 
vessel is anticipated to be approximately $20 per vessel for bolt 
cutters, $30 per vessel for line clippers, and $75 per vessel for dip 
nets. The impact on fishing operations of using these items is 
anticipated to be minor because the likelihood of encountering a turtle 
is low, and in the event that a turtle is hooked or entangled, it is 
not a time-consuming procedure to free it.
    Impacts on non-longline pelagic vessels throughout the region are 
also anticipated to be minimal, as the proposed rule will not affect 
the operations of these vessels beyond the

[[Page 20948]]

requirement that vessel operators purchase and use bolt cutters and 
line clippers to free hooked or entangled sea turtles. Because the use 
of long handled line clippers is optional on these small vessels, it is 
believed that the majority of these vessel operators will employ their 
bolt cutters to cut their fishing line if necessary. The impact on 
fishing operations of using these items is anticipated to be minor 
because the likelihood of encountering a turtle is low, and in the 
event that a turtle is hooked or entangled, it should not be a time-
consuming procedure to free it.
    A range of alternatives was also considered in the IRFA. The first 
alternative was the no action alternative, which was rejected because 
it would not provide any additional protection to sea turtles. A second 
alternative would have prohibited shallow setting by longline vessels 
in the western Pacific region, required longline fishing vessel 
operators to carry and use line clippers and dip nets and to employ 
specific handling techniques to mitigate interactions with sea turtles. 
This alternative was rejected because, although it would have mitigated 
longline interactions with sea turtles, it would not have provided 
sufficient mitigation to avoid jeopardizing their continued existence. 
A third alternative would have closed waters north of 29 deg. N. lat. 
to longline fishing from July through January of each year, and 
required longline fishing vessel operators to carry and use line 
clippers and dip nets and to employ specific handling techniques to 
mitigate interactions with sea turtles. This alternative was also 
rejected because, although it would have mitigated longline 
interactions with sea turtles, it would not have provided sufficient 
mitigation to avoid jeopardizing their continued existence. A fourth 
alternative would have closed all western Pacific EEZ waters to 
longline fishing and prohibited the landing of longline caught fish in 
all domestic western Pacific ports. This alternative was also rejected 
because, although it would have provided increased protection to sea 
turtles as compared to the preferred alternative, it would also have 
eliminated western Pacific longline fisheries. NMFS believes that the 
preferred alternative balances the ongoing harvest of pelagic fish in 
the western Pacific region with necessary protection to endangered and 
threatened sea turtles.

List of Subjects in 50 CFR Part 660

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

    Dated: April 19, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be 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. 660.21, paragraph (l) is revised to read as follows 
(Note: This proposed revision would supersede the addition of paragraph 
(l), at 66 FR 31564, June 12, 2001, originally effective June 12, 2001, 
through December 10, 2001, and later extended to June 8, 2002, at 66 FR 
63630, December 10, 2001):


Sec. 660.21  Permits.

* * * * *
    (l) Applications for the re-registration of any vessel that was de-
registered from a Hawaii longline limited access permit after March 29, 
2001, must be received at PIAO or postmarked, between September 15 and 
October 15.

    3. In Sec. 660.22, paragraphs (mm) through (uu) are removed, and 
paragraphs (z) through (ll) are revised to read as follows (Note: The 
proposed removal of paragraphs (mm) through (uu), and the revision of 
paragraphs (z) through (ll) would supersede the suspension of 
paragraphs (ee) through (ll), at 66 FR 31564, June 12, 2001, originally 
effective June 12, 2001, through December 10, 2001, and later extended 
to June 8, 2002, at 66 FR 63630, December 10, 2001):


Sec. 660.22  Prohibitions.

* * * * *
    (z) Fail to carry line clippers, dip nets, and wire or bolt cutters 
on a vessel registered for use under a Hawaii longline limited access 
permit or a longline general permit, that has a working platform more 
than 3 ft (0.9 m) above the sea surface in violation of Sec. 660.32 
(a).
    (aa) Fail to carry line clippers and wire or bolt cutters on a 
vessel fishing with hooks for Pacific pelagic management unit species 
within EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth 
of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, 
Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands that has a 
working platform more than 3 ft (0.9 m) above the sea surface in 
violation of Sec. 660.32 (a)(2).
    (bb) Fail to carry line clippers and wire or bolt cutters on a 
vessel registered for use under a Hawaii longline limited access permit 
or a longline general permit or on a vessel fishing with hooks for 
Pacific pelagic management unit species within EEZ waters around 
Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana 
Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, 
Jarvis, Baker, or Howland Islands, that has a working platform less 
than 3 ft (0.9 m) above the sea surface, in violation of Sec. 660.32 
(a)(3).
    (cc) Fail to comply with the sea turtle handling, resuscitation, 
and release requirements when operating a vessel registered for use 
under a Hawaii longline limited access permit or a longline general 
permit, or fishing with hooks for Pacific pelagic management unit 
species within EEZ waters around Hawaii, American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, Midway, Johnston or 
Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, or Howland 
Islands in violation of Sec. 660.32(b).
    (dd) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear deployed north of the equator on a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit in violation of Sec. 660.33(a).
    (ee) Fish for Pacific pelagic management unit species with a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit within closed areas or by use of unapproved 
gear configurations in violation of Sec. 660.33 (b), (c), (g), or (h).
    (ff) Use a receiving vessel registered for use under a receiving 
vessel permit to receive, land, or tranship from another vessel, 
Pacific pelagic management unit species harvested from closed areas 
with longline gear in violation of Sec. 660.33 (d).
    (gg) Land or tranship shoreward of the outer boundary of the EEZ 
around Hawaii, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and 
Wake, Jarvis, Baker, or Howland Islands, Pacific pelagic management 
unit species that were harvested from closed areas with longline gear 
in violation of Sec. 660.33 (e).
    (hh) Possess a light stick on board a vessel registered for use 
under either a

[[Page 20949]]

Hawaii longline limited access permit or a longline general permit, on 
fishing trips that include any fishing north of the equator (0 deg. 
lat.) in violation of Sec. 660.33 (f).
    (ii) Possess or land more than 10 swordfish on board a vessel 
registered for use under either a Hawaii longline limited access permit 
or a longline general permit, from a fishing trip where any part of the 
trip included fishing north of the equator (0 deg. lat.) in violation 
of Sec. 660.33 (i).
    (jj) Operate a vessel registered for use under a Hawaii longline 
limited access permit or a longline general permit to fish for Pacific 
pelagic management unit species without having onboard a valid 
protected species workshop certificate issued by NMFS or a legible copy 
thereof in violation of Sec. 660.34 (c).
    (kk) Fail to comply with seabird take mitigation or handling 
techniques required under Sec. 660.35(a) and (b).
    (ll) Use a large vessel to fish for Pacific pelagic management unit 
species within an American Samoa large vessel prohibited area except as 
allowed pursuant to an exemption issued under Sec. 660.38.

    4. In Sec. 660.32 paragraphs (a)(1) and (a)(2) are redesignated as 
paragraphs (a)(4) and (a)(5) respectively, new paragraphs (a)(1), and 
(a)(2) are added, and paragraph (a)(3) is revised to read as follows 
(Note: This proposed revision would supersede the addition of paragraph 
(a)(3), at 66 FR 31564, June 12, 2001, originally effective June 12, 
2001, through December 10, 2001, and later extended to June 8, 2002, at 
66 FR 63630, December 10, 2001):


Sec. 660.32  Sea turtle take mitigation measures.

    (a) Possession and use of required mitigation gear--(1) Owners and 
operators of vessels registered for use under a Hawaii longline limited 
access permit or a longline general permit that have working platforms 
more than 3 ft (0.9 m) above the sea surface must carry aboard their 
vessels line clippers meeting the minimum design standards as specified 
in paragraph (a)(4) of this section, dip nets meeting minimum standards 
prescribed in paragraph (a)(5) of this section, and wire or bolt 
cutters capable of cutting through the vessel's hooks. These items 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.
    (2) Owners and operators of vessels using hooks to target Pacific 
pelagic management unit species within EEZ waters around Hawaii, 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, 
Baker, or Howland Islands, that have working platforms more than 3 ft 
(0.9 m) above the sea surface must carry aboard their vessels line 
clippers meeting the minimum design standards as specified in paragraph 
(a)(4) of this section, and wire or bolt cutters capable of cutting 
through the vessel's hooks. These items 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.
    (3) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit or a longline general permit, or 
using hooks to target Pacific pelagic management unit species within 
EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman 
Reef, and Wake, Jarvis, Baker, or Howland Islands, that have working 
platforms 3 ft (0.9 m) or less above the sea surface must carry aboard 
their vessels line clippers capable of cutting the vessels fishing line 
or leader within approximately 1 ft (0.3 m) of the eye of an embedded 
hook as well as wire or bolt cutters capable of cutting through the 
vessel's hooks. These items 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.
* * * * *

    5. Section 660.33 is revised to read as follows (Note: This 
proposed revision would supersede the suspension of Sec. 660.33 at 66 
FR 31564, June 12, 2001, originally effective from June 12, 2001, 
through December 10, 2001, and later extended to June 8, 2002, at 66 FR 
63630, December 10, 2001):


Sec. 660.33  Western Pacific longline fishing restrictions.

    (a) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit or a longline general permit may 
not use longline gear to fish for or target swordfish (Xiphias gladius) 
north of the equator (0 deg. lat.).
    (b) A person aboard a vessel registered for use under a Hawaii 
longline limited access permit or a western Pacific general longline 
permit that is fishing for Pacific pelagic management unit species 
north of the equator (0 deg. lat.) may not possess or deploy any float 
line that is shorter than or equal to 20 m (65.6 ft or 10.9 fm). As 
used in this paragraph ``float line'' means a line used to suspend the 
main longline beneath a float.
    (c) From April 1 through May 31, owners and operators of vessels 
registered for use under a Hawaii longline limited access permit or a 
longline general permit may not use longline gear in waters bounded on 
the south by 0 deg. lat., on the north by 15 deg. N. lat., on the east 
by 145 deg. W. long., and on the west by 180 deg. long. (see Figure 1 
to this section).
    (d) From April 1 through May 31, owners and operators of vessels 
registered for use under a receiving vessel permit may not receive from 
another vessel Pacific pelagic management unit species that were 
harvested by longline gear in waters bounded on the south by 0 deg. 
lat., on the north by 15 deg. N. lat., on the east by 145 deg. W. 
long., and on the west by 180 deg. long. (see Figure 1 to this 
section).
    (e) From April 1 through May 31, owners and operators of vessels 
registered for use under a Hawaii longline limited access permit, a 
longline general permit, or a receiving vessel permit, may not land or 
transship shoreward of the outer boundary of the EEZ around Hawaii, 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, 
Baker, or Howland Islands, Pacific pelagic management unit species that 
were harvested by longline gear in waters bounded on the south by 
0 deg. latitude, on the north by 15 deg. N. lat., on the east by 
145 deg. W. long., and on the west by 180 deg. long. (see Figure 1 to 
this section).
    (f) No light stick may be possessed on board a vessel registered 
for use under either a Hawaii longline limited access permit or a 
longline general permit, during fishing trips that include any fishing 
north of the equator (0 deg. lat.). A light stick as used in this 
paragraph is any type of light emitting device, including any 
flourescent ``glow bead,'' chemical, or electrically powered light that 
is affixed underwater to the longline gear.
    (g) When a conventional monofilament longline is deployed in the 
water north of 0 deg. lat. by a vessel registered for use under a 
Hawaii longline limited access permit or a longline general permit, no 
fewer than 15 branch lines may be set between any 2 floats when fishing 
north of the equator. Vessel operators using basket-

[[Page 20950]]

style longline gear must set a minimum of 10 branch lines between any 2 
floats when fishing north of the equator.
    (h) Longline gear deployed north of 0 deg. lat. by a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit must be deployed such that the deepest point of 
the main longline between any 2 floats, i.e., the deepest point in each 
sag of the main line, is at a depth greater than 100 m (328.1 ft or 
54.6 fm) below the sea surface.(i) Owners and operators of longline 
vessels registered for use under a Hawaii longline limited access 
permit or a longline general permit may land or possess no more than 10 
swordfish from a fishing trip where any part of the trip included 
fishing north of the equator (0 deg. lat.).
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[[Page 20951]]

Figure 1 to Sec. 660.33--Longline Fishing Restricted Area
[GRAPHIC] [TIFF OMITTED] TP29AP02.000

BILLING CODE 3510-22-C

    6. Section 660.36 is redesignated as Sec. 660.34 and revised to 
read as follows (Note: This redesignation and revision supersedes the 
addition to Sec. 660.34 and Figure 3 to Sec. 660.34, at 66 FR 31564, 
June 12, 2001, effective June 12, 2001, through Dec. 10, 2001, and the 
effective date was extended to June 8, 2002, at 66 FR 63630, Dec. 10, 
2001):


Sec. 660.34  Protected species workshop.

    (a) Each year the operator of a vessel registered for use under a 
Hawaii longline limited access permit or a longline general permit must 
attend and be certified for completion of a workshop conducted by NMFS 
on mitigation, handling, and release techniques for turtles and 
seabirds and other protected species.
    (b) A protected species workshop certificate will be issued by NMFS 
annually to any person who has completed the workshop.
    (c) An operator of a vessel registered for use under Hawaii 
longline limited access permit or a longline general permit and engaged 
in longline fishing, must have on board the vessel a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof.
[FR Doc. 02-10081 Filed 4-26-02; 8:45 am]
BILLING CODE 3510-22-S