[Federal Register Volume 67, Number 93 (Tuesday, May 14, 2002)]
[Rules and Regulations]
[Pages 34408-34413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12030]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000622191-2104-02; I.D. 041700D]
RIN 0648-AO35


Fisheries Off West Coast States and in the Western Pacific; 
Pelagic Fisheries; Measures to Reduce the Incidental Catch of Seabirds 
in the Hawaii Pelagic Longline Fishery

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

ACTION: Final rule; seabird mitigation measures.

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SUMMARY: NMFS issues a final rule under the Fishery Management Plan for 
the Pelagic Fisheries of the Western Pacific Region (FMP) that requires 
owners and operators of all vessels registered for use under a Hawaii 
longline limited access permit and operating with longline gear north 
of 23 deg. N. lat. to employ a line-setting machine with weighted 
branch lines or use basket-style longline gear, and to use thawed blue-
dyed bait and strategic offal discards during setting and hauling of 
longlines. This final rule also requires that the owners and operators 
of these vessels follow certain seabird handling techniques and 
annually complete a protected species educational workshop conducted by 
NMFS. This final rule follows an emergency interim rule published on 
June 12, 2001, and is being implemented to permanently codify the terms 
and conditions contained in a biological opinion (BiOp) issued on 
November 28, 2000, by the U.S. Fish and Wildlife Service (USFWS) and 
intended to afford protection to the endangered short-tailed albatross. 
This final rule also implements management measures that were 
recommended by the Western Pacific Fishery Management Council (Council) 
and published in a proposed rule on July 5, 2000. These measures were 
designed to minimize interactions between seabirds and the Hawaii-based 
longline fishery.

DATES: This final rule is effective June 13, 2002, except for 
amendments to Sec. Sec. 660.35(b)(4)(i), 660.35(b)(6), and 
660.35(b)(8), which require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (PRA). When OMB approval 
is received, the effective date will be announced in the Federal 
Register.

ADDRESSES: Copies of a final environmental impact statement for the 
Fishery Management Plan for the Pelagic Fisheries of the Western 
Pacific Region (FEIS) are available from Dr. Charles Karnella, 
Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 Kapiolani 
Blvd., Suite 1110, Honolulu, HI 96814. Copies of an environmental 
assessment (EA), regulatory impact review and final regulatory 
flexibility analysis (FRFA) prepared for this action may be obtained 
from Ms. Kitty Simonds, Executive Director, Western Pacific Fishery 
Management Council, Suite 1400, 1164 Bishop Street, Honolulu, HI 96813. 
Send comments on the reporting burden estimate or any other aspect of 
the collection-of-information requirements in this rule to NMFS, PIAO 
and to OMB at the Office of Information and Regulatory Affairs, OMB, 
725 17th St., NW, Washington, DC 20503 (Attn: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION: As discussed in the proposed rule, published 
at 65 FR 41424, July 5, 2000, Hawaii-based pelagic longline vessels are 
known to interact in a sometimes fatal manner with black-footed 
(Phoebastria nigripes) and Laysan (P. immutabilis) albatrosses. These 
seabirds follow the longline vessels, dive on the baited longline 
hooks, and may become hooked and subsequently drown. Although no 
fishery interactions with the endangered short-tailed albatrosses (P. 
albatrus) have been recorded to date, following the publication of the 
proposed rule, the USFWS prepared a BiOp for the fishery under section 
7 of the Endangered Species Act (ESA) for this species. That BiOp 
concluded that the Hawaii-based longline fishery was not likely to 
jeopardize the continued existence of the short-tailed albatross. 
However, it estimated that the fishery would take 15 short-tailed 
albatrosses during the 7-year period addressed in the consultation. 
(For the purposes of this BiOp, the USFWS considered a ``take'' to 
include not only injury or mortality to a short-tailed albatross caused 
by longline gear, but also any short-tailed albatross striking at 
baited hooks or mainline gear during longline setting or haulback.)
    Based on this assessment, the USFWS BiOp requires NMFS to implement 
several measures applicable to the owners and operators of vessels 
registered for use under Hawaii limited access longline permits 
(Hawaii-based vessels). When making deep sets north of 23 deg. N. lat., 
these vessels must employ a line-setting machine with at least 45 grams 
of weight attached within 1 meter of each hook. In addition, all 
Hawaii-based vessels operating north of 23 deg. N. lat. must use thawed 
blue-dyed bait and strategic offal discards to distract birds during 
the setting and hauling of longline gear. Regardless of the area 
fished, all Hawaii-based vessel operators must follow certain handling 
techniques to ensure that any short-tailed albatross brought onboard 
alive is handled and released in a manner that maximizes the 
probability of its long-term survival (dead short-tailed albatrosses 
are to be frozen and their carcasses submitted to NMFS upon return to 
port). Finally, the USFWS BiOp requires that Hawaii-based vessel 
operators annually complete a protected species educational workshop 
conducted by NMFS. Although shallow ``swordfish-style'' setting is 
currently prohibited by an emergency rule implemented to protect sea 
turtles (see below), the USFWS BiOp requires that vessel operators 
making shallow sets north of 23 deg. N. lat. begin setting the longline 
at least 1 hour after local sunset and complete the setting process by 
local sunrise, using only the minimum vessel lights necessary. This 
requirement is not included in this final rule because the prohibition 
on ``swordfish style'' shallow set fishing is being undertaken under 
separate rulemaking to make this measure permanent in compliance with a 
March 29, 2001, biological opinion issued by NMFS regarding sea 
turtles. On October 18, 2001, the USFWS amended the USFWS BiOp to allow 
basket-style longline gear to be set without a line-setting machine or 
weighted branch lines as data show that this gear has a rapid sink rate 
that results in few, if any, seabird interactions.
    The USFWS BiOp's terms and conditions were implemented by NMFS on 
June 12, 2001, through an emergency interim rule, which also included 
sea turtle mitigation measures (FR 66 31561). Public comments were 
solicited at that time; however, none were received. On December 10, 
2001, NMFS extended that emergency interim rule

[[Page 34409]]

for another 180 days, through June 8, 2002 (FR 66 63630).
    Under the Council's recommended seabird mitigation measures (as 
described in the July 5, 2000, proposed rule), both vessel owners and 
vessel operators would have been required to attend annually a 
protected species workshop conducted by NMFS. In addition, the proposed 
rule would have required that all seabirds (not just short-tailed 
albatrosses) be handled and released in a manner that maximizes the 
probability of their long-term survival. As these two components of the 
Council's recommendation are more conservative than those in the USFWS 
BiOp, this final rule combines the terms and conditions of the USFWS 
BiOp (as previously implemented by the June 12, 2001, emergency interim 
rule), with the Council's recommendation on seabird handling and 
workshop attendance requirements. Additional background information on 
this fishery's interactions with seabirds may be found in the preamble 
to the proposed rule and is not presented here.

Comments and Responses

    Comments on the Council's proposed rule were received from seven 
individuals.
    Comment 1: The rule should not allow vessel operators to decide 
what mitigation techniques to use (pick list) but should mandate the 
use of specific techniques.
    Response: This final rule does not allow vessel operators to choose 
mitigation techniques from a pick list. They are required to employ 
three non-discretionary techniques (blue dyed bait, strategic offal 
discards, and either basket-style longline gear or a line shooter with 
weighted branch lines) when fishing north of 23 deg. N. lat. However, 
vessel operators may choose to use additional mitigation techniques.
    Comment 2: NMFS should only require mitigation measures that are 
scientifically proven.
    Response: The seabird mitigation methods in this final rule were 
studied for their effectiveness in reducing longline gear interactions 
with seabirds. Both NMFS and a private contractor tested the 
effectiveness of blue-dyed bait, strategic offal discards, and night 
setting. Data collected by NMFS observers between 1994-1998 were used 
to analyze the effectiveness of using a line-setting machine with 
weighted branch lines. These techniques were found to individually 
reduce seabird interactions from 40 to 97 percent, with their combined 
effectiveness anticipated to be at the high end of this range.
    Comment 3: NMFS should require fishermen to attach weights of at 
least 60 grams one meter from each hook on the branch line, because 
NMFS scientists used 60 grams of weight to achieve a 92-percent 
reduction in seabird catch.
    Response: Although NMFS scientists tested 60 grams of weight, other 
scientists investigating seabird mitigation techniques have 
demonstrated that there are diminishing returns to the sink rates of 
baited hooks with the addition of weights greater than 40 grams. There 
are safety concerns associated with heavily weighted hooks because they 
increase the tension on the line. During longline haulback operations 
the heavily weighted hooks on the tense line can ricochet back onto 
vessel crew members and cause serious injury or death. Considering that 
many vessel operators are currently able to safely weight their gear 
with 45 grams, and that the sink rate would not significantly increase 
with the addition of more weight, NMFS believes it is unnecessary and 
potentially dangerous to require fishermen to use 60 grams of weight.
    Comment 4: Strategic offal discharge should not be included as a 
seabird mitigation method because it attracts birds to the vessels and 
is unenforceable. The rule should also prohibit the discharge of spent 
bait with hooks, including fish heads with embedded hooks.
    Response: NMFS recognizes that there is not universal agreement on 
the effectiveness of strategically discarding offal to deter seabirds 
from interacting with longline gear. However, studies of Hawaii-based 
vessels targeting swordfish have demonstrated that discharging offal 
strategically decreases the number of seabird interactions by an 
average of 53 percent and reduces seabird moralities by as much as 86 
percent, when compared with holding all offal onboard during longline 
operations. NMFS agrees that offal containing hooks should not be 
discarded and this rule requires the removal of hooks from fish parts, 
offal, and spent bait prior to its discharge.
    Comment 5: Until a study has been completed, NMFS should not 
advocate the use of blue-dyed bait in combination with strategic offal 
discharge.
    Response: Although specific research on the interactive effects of 
blue-dyed bait used in combination with strategic offal discharge has 
not been conducted, there is no information to suggest that their 
combined use will be any less effective than the use of either method 
alone.
    Comment 6: The rule should apply to Hawaii longline vessels fishing 
north of 23 deg. N. lat., not only to those north of 25 deg. N. lat.
    Response: As required by the USFWS BiOp, as supported by the data 
on incidental catch of seabirds in the longline fishery, this final 
rule applies to all Hawaii-based longline vessels fishing north of 
23 deg. N. lat.
    Comment 7: Longline fishing should be prohibited north of 23 deg. 
N. lat. within 200 nautical miles (nm) off the NWHI during the first 3 
months of the nesting season.
    Response: Although not tested simultaneously, the mitigation 
techniques contained in this rule are each anticipated to reduce 
seabird interactions by a minimum of 40 to 97 percent, with their 
combined effectiveness anticipated to be at the high end of this range. 
Closure of the area suggested would not be expected to further decrease 
interactions significantly.
    Comment 8: Educating owners and operators through the protected 
species workshops should be mandatory and NMFS should not have the 
option of waiving this requirement. The workshop requirement should 
also be extended to crew members and fisheries observers.
    Response: Both vessel owners and operators are required to complete 
annual protected species workshops. However, NMFS needs the flexibility 
to waive the requirement for protected species workshop attendance in 
certain circumstances if the waiver is needed for good and justifiable 
reasons. For example, if the permit holder (longline vessel owner) is a 
corporation, NMFS should be able to waive the workshop requirement with 
respect to each of its shareholders with the exception of a 
representative or designee of the corporation. Although crew members 
are not required to take the workshop due to the numbers involved and 
scheduling difficulties, NMFS encourages their attendance on a 
voluntary basis. The NMFS observer training program ensures that all 
fishery observers receive adequate training in protected species 
issues.
    Comment 9: NMFS should prohibit the use of lightsticks in the 
Hawaii longline fishery to protect seabirds.
    Response: The emergency interim rule (June 12, 2001) prohibits the 
possession and use of lightsticks north of the equator, but for the 
conservation of sea turtles. NMFS observer data do not show that 
lightsticks are a significant factor in the incidental catch of 
seabirds in the Hawaii-based longline fishery. However, this 
prohibition is part of a

[[Page 34410]]

separate rulemaking to make this measure permanent in compliance with a 
March 29, 2001, biological opinion on sea turtles issued by NMFS.
    Comment 10: The rule should differentiate between the swordfish and 
tuna longline sectors in adopting mandatory seabird mitigation methods.
    Response: The USFWS BiOp contains different requirements for the 
two sectors (shallow, nighttime setting swordfish vessels vs. deep 
daytime setting tuna vessels); however, a June 12, 2001, emergency rule 
prohibited all shallow setting north of the equator in order to 
conserve sea turtles. That prohibition is expected to be made permanent 
because it is one of the mandatory terms and conditions of a March 29, 
2001, biological opinion on sea turtles issued by NMFS. Since the 
shallow-set fishery for swordfish is no longer allowed to operate, 
there is no need to promulgate regulations to control that fishery.
    Comment 11: Standards for maximum lighting brightness should be 
established for the night setting mitigation method, with all other 
types of lighting illegal while night setting.
    Response: NMFS is not implementing a night setting requirement at 
this time because shallow, nightime setting is not expected to resume 
north of the equator (see response to comment 10).
    Comment 12: If longline operators miscalculate sunrise and sunset 
times, the night setting method would be ineffective.
    Response: NMFS is not implementing a night setting requirement at 
this time (see response to comment 10).
    Comment 13: The rule should specifically delineate how enforcement 
shall occur and include provisions for monitoring the effectiveness of 
the mitigation methods.
    Response: The U.S. Coast Guard (USCG) has indicated that it will 
enforce the use of seabird mitigation methods by conducting dockside 
inspections and aerial surveillance of fishing vessels at sea. At 
dockside and at sea, longline vessels will be checked for required 
equipment and vessel operators will be asked how and when they intend 
to employ seabird mitigation methods. Aerial surveillance will be used 
to observe the fishing process and determine whether line setting 
machines are being used when making deep sets north of 23 deg. N. lat. 
To monitor and enforce attendance at the protected species workshops, 
each workshop participant will be given a completion certificate with 
their name and photograph, and each vessel's operator and owner must 
both maintain valid certificates in order to continue fishing.
    Comment 14: The appropriate goal for seabird bycatch measures is 
the elimination of such bycatch entirely.
    Response: At this time there is no single seabird interaction 
mitigation measure, or combination of measures, that would eliminate 
all seabird interactions with this fishery. However, NMFS intends to 
continue to research and develop seabird mitigation measures to reduce 
interactions with seabirds to the maximum extent practicable, as called 
for in the United Nations Food and Agricultural Organization's 
International Plan of Action for Reducing the Incidental Catch of 
Seabirds in Longline Fisheries.
    Comment 15: The rule should include incentives for longline 
fishermen to participate in research and development programs to 
evaluate the effectiveness of seabird mitigation measures. There should 
be a requirement for monitoring mitigation measures on board Hawaii-
based longline vessels and there should be research of more effective 
measures.
    Response: Hawaii longline fishery participants have already 
voluntarily participated in seabird mitigation studies such as the 
testing of blue-dyed bait, strategic offal discards, and an underwater 
line-setting chute. In addition, nothing in this final rule prevents 
vessel operators from experimenting with new methods to reduce 
interactions with seabirds. The effectiveness of the mitigation 
measures required by this final rule will be evaluated primarily using 
data collected by NMFS observers, supplemented with data from the 
fishery logbooks.
    Comment 16: NMFS should require automated, computer-monitored, 
NMFS-approved vessel monitoring systems (VMS) to be installed on all 
longline vessels.
    Response: Existing NMFS regulations at 50 CFR 660.25 require all 
Hawaii-based longline fishing vessels to carry automated, computer-
monitored VMS.
    Comment 17: NMFS should expand the Hawaii longline fishery observer 
program to reduce the uncertainty regarding the rate of interactions 
with seabirds and the effectiveness of seabird mitigation methods. 
Observer coverage should be increased to at least 20 or 25 percent 
throughout the fishery. Observers should be trained in seabird 
identification and be required to record all seabird mortality data, 
mitigation measures employed, and the effectiveness of such measures.
    Response: Over the past 15 months, NMFS has increased observer 
coverage in the Hawaii-based longline fishery to over 20 percent. 
Observers are currently trained in seabird identification, record 
seabird mitigation methods employed on each observed vessel, and note 
bird abundance while the vessel is setting or hauling its gear.
    Comment 18: Operators of longline vessels not carrying observers 
should record accurate information on the number of birds caught on 
each set, along with information on the numbers of hooks set, locality 
of set, time, and date of set. Any dead seabird should be brought 
aboard the vessel, frozen, and brought to port for identification and 
study.
    Response: As longline vessel operators are already required to 
record seabird interaction information on NMFS daily longline logbooks, 
no change is required to meet this request. The collection and further 
study of dead seabird specimens would contribute to the understanding 
of how longline fishing operations impact seabird populations. However, 
because the Migratory Bird Treaty Act limits the importation and 
transportation of live or dead birds or bird parts without a permit or 
an exemption from the Act, Hawaii-based fishermen will not be required 
to bring back to port all dead seabirds brought aboard their vessels. 
This final rule does require that fishermen retain and bring back any 
dead short-tailed albatross, an endangered species, brought aboard the 
vessel. This action is authorized under the Endangered Species Act.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. On March 30, 2001, NMFS issued an 
FEIS that analyzes the environmental impacts of U.S. pelagic fisheries 
in the western Pacific region. That analysis includes the Hawaii-based 
pelagic longline fishery and was filed with the Environmental 
Protection Agency; a notice of availability was published on April 6, 
2001 (66 FR 18243). In February 2002, the Council prepared an EA on the 
specific seabird mitigation measures in this rule. That analysis is 
available from the Council (see ADDRESSES).
    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction 
Act. This requirement has been submitted to OMB for approval. Public 
reporting burden for this collection of information is

[[Page 34411]]

estimated at 60 minutes for at-sea notification by a longline vessel 
operator of a take of a short-tailed albatross, 60 minutes to complete 
a short-tailed albatross recovery data form, and 30 minutes to complete 
a specimen tag for a short-tailed albatross. These estimates include 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
the reporting burden estimate or any other aspect of the collection-of-
information requirements in this final rule to NMFS and OMB (see 
ADDRESSES).
    An FRFA that describes the impact this final rule is likely to have 
on small entities was prepared and is also available from the Council 
(see ADDRESSES). A summary of the FRFA follows.
    The need for and objectives of this final rule are stated in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this document and are 
not repeated here. No comments on the initial regulatory flexibility 
analysis or the economic effects of this action were received. This 
final rule 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.
    All Hawaii-based longline vessels affected by this final 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. Based 
on the information provided in the FRFA, this final rule will affect 
all 164 holders of Hawaii limited access longline permits. Most 
severely impacted will be the owners and operators of those vessels 
fishing north of 23 deg. N. lat. During the time period which was the 
focus of the USFWS BiOp (1994-1998), an average of 96 vessels made at 
least one set north of 23 deg. N. lat. each year. The distribution of 
these vessels by set type (deep versus shallow) is difficult to 
determine, as the majority made at least one set of each type. On 
average there were approximately 830 deep sets, and 4,100 shallow sets 
made annually north of 23 deg. N. lat. between 1994 and 1998. The costs 
associated with this final rule can be categorized as direct (increased 
fixed or variable costs) or indirect (revenue changes). Because 
mitigation techniques vary by target, economic impacts follow this same 
pattern. Compared to the historic baseline (1994-1999, the period 
examined in the USFWS BiOp), the revenue impact to those vessels 
utilizing shallow sets north of 23 deg. N. lat. (swordfish and mixed 
target vessels), is expected to be a gain of $335 per swordfish set (a 
9 percent increase as compared to the 1998 fleet wide average of $3,724 
per set) due to increased catch rates, but a loss of $598 per mixed 
target set (16 percent decrease) due to decreases in catch rates. The 
actual impact on these vessel owners and operators is uncertain, as the 
current emergency rule to protect sea turtles prohibits these vessels 
from utilizing shallow sets north of the equator. The anticipated 
revenue impact to vessels utilizing deep sets north of 23 deg. N. lat. 
(vessels targeting tuna and the only fishery currently allowed in this 
area) is expected to be a gain of $432 per set (12 percent increase). 
Direct costs for these vessels include $2,700 annually for the 
amortized purchase price and maintenance of a line setting machine with 
weighted branch lines. In addition, this rule is anticipated to 
increase annual direct costs to operators of all vessels fishing north 
of 23 deg. N. lat. by up to $500 for blue dye, and $400 for containers 
in which to store offal between sets. The actual net revenue increase/
decrease in this fishery cannot be predicted, because of the added 
constraints to the fishery compared to the baseline period. The impacts 
of other aspects of this final rule (seabird handling procedures and 
annual attendance at a protected species workshop) have not been 
quantified but are expected to be minimal. Four alternatives to this 
final rule were considered and rejected. The first alternative would 
have required vessel operators to use at least two of six specified 
mitigation techniques (pick list) when fishing north of 25 deg. N. lat. 
The second alternative would have also required the use of two 
techniques when fishing north of 25 deg. N. lat., but would have left 
the decision of which two up to the Council. The third alternative 
would have prohibited longline fishing north of 23 deg. N. lat. within 
the waters of the exclusive economic zone around Hawaii, while the 
fourth alternative was the no-action alternative. Based on the non-
discretionary nature of the terms and conditions of the USFWS BiOp, 
these alternatives were all rejected on the basis that they do not meet 
the legal requirements of the Endangered Species Act. The amendment of 
the USFWS BiOp to allow the use of basket-style longline gear is 
intended to provide mitigation from the negative economic impacts of 
this final rule as one or more vessels that currently utilize this gear 
to make deep sets will not be required to refit their vessels to 
accommodate line shooters.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that for each rule or group of related rules for 
which the agency is required to prepare an FRFA, the agency shall 
publish one or more guides to assist small entities in complying with 
the rule, and shall designate such publications as ``small entity 
compliance guides''. The agency shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. As 
a part of this rule making process, a small entity compliance guide 
(compliance guide) was prepared. Copies of this final rule and the 
compliance guide will be sent to all holders of Hawaii limited access 
longline permits. The compliance guide will be available at the 
following web site: http://swr.nmfs.noaa.gov/piao/index.htm. Copies can 
also be obtained from the PIAO (see ADDRESSES).
    As previously discussed, on November 28, 2000, the USFWS completed 
a formal Endangered Species Act section 7 consultation on this fishery. 
This consultation was amended on October 18, 2001, to allow the use of 
basket-style gear as an alternative to a line-setting machine with 
weighted branch lines. The formal consultation concluded that this 
fishery is not likely to jeopardize the continued existence of the 
short-tailed albatross. This final rule implements the mandatory terms 
and conditions of the USFWS BiOp that resulted from that consultation.

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.


[[Page 34412]]


    Dated: May 8, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, 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 of part 660 continues to read as follows:

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

    2. In Sec. 660.12, the definition for ``Basket-style longline 
gear'' is added to read as follows:


Sec. 660.12  Definitions.

* * * * *
    Basket-style longline gear means a type of longline gear that is 
divided into units called ``baskets'' each consisting of a segment of 
main line to which 10 or more branch lines with hooks are spliced. The 
mainline and all branch 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.
* * * * *

    3. In Sec. 660.22, paragraphs (z) through (dd) are revised and new 
paragraphs (ee) and (ii) are added to read as follows:


Sec. 660.22  Prohibitions.

* * * * *
    (z) Fail to use a line setting machine or line shooter, with 
weighted branch lines, to set the main longline when operating a vessel 
that is registered for use under a Hawaii longline limited access 
permit and equipped with monofilament main longline, when making deep 
sets north of 23 deg. N. lat., in violation of Sec. 660.35 (a)(1) and 
(a)(2).
    (aa) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when operating a vessel registered for use 
under a Hawaii longline limited access north of 23 deg. N. lat., in 
violation of Sec. 660.35 (a)(3).
    (bb) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use under a Hawaii longline limited 
access permit that is fishing north of 23 deg. N. lat., in violation of 
Sec. 660.35 (a)(4), (a)(5), and (a)(6).
    (cc) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait, strategically when operating a vessel registered for use 
under a Hawaii longline limited access permit that is fishing north of 
23 deg. N. lat., in violation of Sec. 660.35 (a)(7) through (a)(9).
    (dd) Fail to handle short-tailed albatrosses that are caught by 
pelagic longline gear in a manner that maximizes the probability of 
their long-term survival, in violation of Sec. 660.35 (b).
    (ee) Fail to handle seabirds other than short-tailed albatross that 
are caught by pelagic longline gear in a manner that maximizes the 
probability of their long-term survival, in violation of Sec. 660.35 
(c).
    (ff) Own a longline vessel registered for use under a Hawaii 
longline limited access permit that is engaged in longline fishing for 
Pacific pelagic management unit species, without a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof 
in violation of Sec. 660.36 (a).
    (gg) Fish for Pacific pelagic management unit species on a vessel 
registered for use under a Hawaii limited access longline permit 
without having onboard a valid protected species workshop certificate 
issued by NMFS or a legible copy thereof in violation of Sec. 660.36 
(d).
    (hh) 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.
    (ii) 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.
* * * * *

Figure 3 to Part 660 [Removed]

    4. Figure 3 to Part 660 is removed.

    5. Section 660.35 is added to read as follows:


Sec. 660.35  Pelagic longline seabird mitigation measures.

    (a) Seabird mitigation techniques. Owners and operators of vessels 
registered for use under a Hawaii longline limited access permit must 
ensure that the following actions are taken when fishing north of 
23 deg. N. lat.:
    (1) Employ a line setting machine or line shooter to set the main 
longline when making deep sets using monofilament main longline;
    (2) Attach a weight of at least 45 g to each branch line within 1 m 
of the hook when making deep sets using monofilament main longline;
    (3) When using basket-style longline gear, ensure that the main 
longline is deployed slack to maximize its sink rate;
    (4) Use completely thawed bait that has been dyed blue to an 
intensity level specified by a color quality control card issued by 
NMFS;
    (5) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb 
size) containing blue dye on board the vessel;
    (6) Discharge fish, fish parts (offal), or spent bait while setting 
or hauling longline gear, on the opposite side of the vessel from where 
the longline gear is being set or hauled;
    (7) Retain sufficient quantities of fish, fish parts, or spent 
bait, between the setting of longline gear for the purpose of 
strategically discharging it in accordance with paragraph (a)(6) of 
this section;
    (8) Remove all hooks from fish, fish parts, or spent bait prior to 
its discharge in accordance with paragraph (a)(6) of this section; and
    (9) Remove the bill and liver of any swordfish that is caught, 
sever its head from the trunk and cut it in half vertically, and 
periodically discharge the butchered heads and livers in accordance 
with paragraph (a)(6) of this section.
    (b) Short-tailed albatross handling techniques. If a short-tailed 
albatross is hooked or entangled by a vessel registered for use under a 
Hawaii longline limited access permit, owners and operators must ensure 
that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
bird on board the vessel using a dip net;
    (2) Cover the bird with a towel to protect its feathers from oils 
or damage while being handled;
    (3) Remove any entangled lines from the bird;
    (4) Determine if the bird is alive or dead.
    (i) If dead, freeze the bird immediately with an identification tag 
attached directly to the specimen listing the species, location and 
date of mortality, and band number if the bird has a leg band. Attach a 
duplicate identification tag to the bag or container holding the bird. 
Any leg bands present must remain on the bird. Contact NMFS, the Coast 
Guard, or the U.S. Fish and Wildlife Service at the numbers listed on 
the Short-tailed Albatross Handling Placard distributed at the NMFS 
protected species workshop, inform them that you have a dead short-
tailed albatross on board, and submit the bird to NMFS within 72 hours 
following completion of the fishing trip.
    (ii) If alive, handle the bird in accordance with paragraphs (b)(5) 
through (b)(10) of this section.
    (5) Place the bird in a safe enclosed place;
    (6) Immediately contact NMFS, the Coast Guard, or the U.S. Fish and

[[Page 34413]]

Wildlife Service at the numbers listed on the Short-tailed Albatross 
Handling Placard distributed at the NMFS protected species workshop and 
request veterinary guidance;
    (7) Follow the veterinary guidance regarding the handling and 
release of the bird.
    (8) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (9) If the bird is externally hooked and no veterinary guidance is 
received within 24-48 hours, handle the bird in accordance with 
paragraphs (c)(4) and (c)(5) of this section, and release the bird only 
if it meets the following criteria:
    (i) Able to hold its head erect and respond to noise and motion 
stimuli;
    (ii) Able to breathe without noise;
    (iii) Capable of flapping and retracting both wings to normal 
folded position on its back;
    (iv) Able to stand on both feet with toes pointed forward; and
    (v) Feathers are dry.
    (10) If released under paragraph (a)(8) of this section or under 
the guidance of a veterinarian, all released birds must be placed on 
the sea surface.
    (11) If the hook has been ingested or is inaccessible, keep the 
bird in a safe, enclosed place and submit it to NMFS immediately upon 
the vessel's return to port. Do not give the bird food or water.
    (12) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (c) Non-short-tailed albatross seabird handling techniques. If a 
seabird other than a short-tailed albatross is hooked or entangled by a 
vessel registered for use under a Hawaii longline limited access permit 
owners and operators must ensure that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
seabird on board the vessel using a dip net;
    (2) Cover the seabird with a towel to protect its feathers from 
oils or damage while being handled;
    (3) Remove any entangled lines from the seabird;
    (4) Remove any external hooks by cutting the line as close as 
possible to the hook, pushing the hook barb out point first, cutting 
off the hook barb using bolt cutters, and then removing the hook shank;
    (5) Cut the fishing line as close as possible to ingested or 
inaccessible hooks;
    (6) Leave the bird in a safe enclosed space to recover until its 
feathers are dry; and
    (7) After recovered, release seabirds by placing them on the sea 
surface.

    5. Section 660.36 is added to read as follows:


Sec. 660.36  Protected species workshop.

    (a) Each year both the owner and the operator of a vessel 
registered for use under a Hawaii longline limited access 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 owner of a vessel registered for use under a Hawaii longline 
limited access permit must maintain and have on file a valid protected 
species workshop certificate issued by NMFS in order to maintain or 
renew their vessel registration.
    (d) An operator of a vessel registered for use under a Hawaii 
longline limited access 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. 02-12030 Filed 5-13-02; 8:45 am]
BILLING CODE 3510-22-S