[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Rules and Regulations]
[Pages 40232-40238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14749]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020311051-2135-02; 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: Final rule.

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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 
implements the reasonable and prudent alternative of the March 29, 
2001, Biological Opinion (BiOp) issued by NMFS under the Endangered 
Species Act (ESA). This 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. The rule 
applies to the owners and operators of all vessels fishing for pelagic 
species under Federal western Pacific limited access longline permits 
(longline vessels) within the U.S. 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 and 
Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland 
Islands (western Pacific region). This rule prohibits the targeting of 
swordfish north of the equator by longline vessels, closes all 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.), prohibits the landing or 
possessing of more than 10 swordfish per fishing trip by longline 
vessels

[[Page 40233]]

fishing north of the equator, allows the re-registration of vessels to 
Hawaii longline limited access permits only during the month of 
October, requires all longline vessel operators to annually attend a 
protected species workshop, and requires utilization of sea turtle 
handling and resuscitation measures on both longline vessels and non-
longline pelagic vessels using hook-and-line gear.

DATES: Effective June 9, 2002, except for the amendments to 
Sec. 660.22, paragraphs (hh) and (ii), which are effective June 14, 
2002, and Sec. 660.32, newly added paragraph (a)(2) and revised 
paragraph (a)(3), which are effective July 12, 2002.

ADDRESSES: Copies of the Final Environmental Impact Statement for the 
Fishery Management Plan for Pelagic Fisheries of the Western Pacific 
Region (FEIS) and the Record of Decision (ROD) for this FEIS are 
available from Dr. Charles Karnella, Administrator, NMFS, Pacific 
Islands Area Office (PIAO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, 
HI 96814-4700. The ROD is also available at http://www.nmfs.noaa.gov/sfpa. Copies of a 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.

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

SUPPLEMENTARY INFORMATION: On April 29, 2002, NMFS published a proposed 
rule (67 FR 20945) 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 action implements the 
reasonable and prudent alternative of the March 29, 2001, BiOp issued 
by NMFS on the FMP. The preamble of the proposed rule presented 
background information on the BiOp and implementation of its sea turtle 
take mitigation measures. This information is not repeated here. A 
comprehensive assessment of the environmental impacts of fishing 
activities conducted under the FMP is found in the March 30, 2001, FEIS 
(See ADDRESSES).
    This final rule implements the following measures applicable to 
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 the 
possession of a lightstick or any artificial light that may be used as 
a fish lure, e.g., glow bead, 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) 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 final rule uses slightly different wording from the current 
emergency rule in place for the requirement that float lines used to 
suspend the mainline beneath floats be longer than 20 m (65.6 ft) when 
longlining north of the equator (see Sec. 660.33(b)). 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 on board a 
permitted vessel. Also, the prohibition on the use of lightsticks is 
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 final rule also: (k) Requires 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) requires operators of all ``large'' 
longline vessels (those with a freeboard of 3 ft (0.9 m) or more) 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, i.e., those with a 
freeboard of less than 3 ft or 0.9 m, are 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 hook-and-line within EEZ waters of the western 
Pacific region, are required to: (m) Carry and use line-clippers to cut 
fishing line from hooked or entangled sea turtles (operators of 
``large'' vessels, i.e., those with a freeboard of more than 3 ft or 
0.9 m, are required to use line clippers meeting NMFS' performance 
standard and operators of ``small'' vessels, i.e., those with a 
freeboard of 3 ft or 0.9 m or less, must carry and use either a line 
cutter 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 Sec. Sec. 223.206 (d)(1), 660.22, and 660.32.

Comments and Responses

    Two letters were received commenting on the proposed rule.
    Comment 1: The proposed rule should not be implemented because it 
is

[[Page 40234]]

based on an unlawfully prepared, substantively flawed, and outdated 
BiOp and relies upon the flawed analysis contained in the FEIS.
    Response: NMFS believes that the March 29, 2001, BiOp represents 
the best available science concerning the status of endangered and 
threatened sea turtles. Accordingly, NMFS believes that the mitigation 
measures contained in the BiOp and implemented through this final rule 
will protect and conserve listed sea turtles taken in the U.S. pelagic 
fisheries of the western Pacific region. Taking no action at this time 
would allow a lapse in protection of sea turtles and would not ensure 
that these fisheries avoid the likelihood of jeopardizing the turtles, 
as required under the ESA.
    Comment 2: The proposed rule would not avoid the likelihood that 
the Hawaii-based longline fleet would jeopardize the continued 
existence of listed sea turtles. NMFS observer data show that from 
January 1 through December 31, 2001, 23 sea turtle interactions 
occurred in the Hawaii-based longline fishery. Therefore, additional 
restrictions on the fishery are warranted, such as total closure of the 
fishery from April 1 through May 31 and closure of the area south of 
the Hawaiian Islands (16 N. lat. to the equator and from 145 deg. W. 
long. to 180 deg. long.) from mid-January through mid-June of each 
year.
    Response: NMFS believes that this final rule will adequately 
conserve sea turtles. Although NMFS observer data documented 23 
interactions with sea turtles between January 1 and December 31, 2001, 
observer data since April 2001 showed that interim turtle mitigation 
measures imposed in April 2001 had reduced the observed takes to only 3 
turtles (2 olive ridleys, 1 green, no leatherback or loggerhead 
turtles) through December 2001. The observer coverage on Hawaii-based 
pelagic longline limited access vessels from April through December 
2001, ranged from 15 to 22 percent. In February and March of 2002, 
observers reported longline gear interactions with 3 loggerhead turtles 
north of 26 deg. N. lat. As a result, NMFS instituted additional 
emergency restrictions on April 5, 2002, that banned longline fishing 
north of 26 deg. N. lat. and limiting the possession or landing to no 
more than 10 swordfish per fishing trip. The swordfish trip limit is 
included in this final rule. In the area south of 26 deg. N. lat.--an 
area where fishermen primarily fish for tuna since April 2001, NMFS 
observers have reported two interactions with leatherback turtles, but 
no interaction with loggerheads. NMFS believes that the suite of 
mitigation measures implemented by this final rule will effectively 
reduce or eliminate the take of loggerhead and leatherback sea turtles 
and reduce the take of other species of sea turtles in the fishery, as 
similar measures implemented through earlier emergency rulemaking have 
done.

Changes From the Proposed Rule

    In Sec. 660.22, the paragraphs proposed for revision in the 
proposed rule are redesignated in the order they were published in the 
proposed rule to account for a recent final rule published at 67 FR 
34408, May 14, 2002. The May 14 final rule revised paragraphs (z) 
through (dd) and added paragraphs (ee) through (ii), effective June 13, 
2002. Paragraphs (hh) and (ii) of the May 14 final rule are removed and 
reserved by this final rule, because those provisions are superceded by 
this final rule. In Sec. 660.22, paragraphs (kk) and (ll) of the 
proposed rule are not included in this final rule, because the 
prohibition in paragraph (kk) is already covered by other prohibitions 
and because paragraph (ll) already appears as paragraph (uu) of this 
section. In Sec. 660.32, the references to vessels with working 
platforms 3 feet (0.9 m) from the sea surface have been changed to 
refer instead to vessels with a freeboard of 3 feet (0.9 m). 
``Freeboard'' is a more objective measure of the height of a vessel's 
deck above the surface than measuring the distance from a working 
platform to the sea; therefore, this change should improve the ability 
of NMFS to enforce the regulations.

Classification

    This final rule has been determined to be 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. The EIS was filed with the Environmental Protection Agency; a 
Notice of Availability was published on April 6, 2001 (66 FR 18243). 
NMFS has issued a ROD for this FEIS. A copy of the ROD is available 
from the PIAO (see ADDRESSES).
    NMFS prepared an FRFA describing the impact of the action on small 
entities. The following is a summary of the FRFA.
    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. None of the comments received on the proposed rule 
directly or indirectly addressed the Initial Regulatory Flexibility 
Analysis. This final rule will not duplicate, overlap, or conflict with 
any other Federal rules. This action is taken under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act and 
regulations at 50 CFR part 660.
    Both large and small vessels affected by the 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. Only 
the Hawaii-based longline fleet is expected to experience significant 
direct effects from this final rule. This fishery averaged annual ex-
vessel gross revenues of $40.7 million between 1994 and 1998 (the focus 
of the BiOp and the last full years' worth of economic data 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). Assuming that all displaced effort is removed from the 
western Pacific longline fishery, the anticipated annual loss of ex-
vessel gross revenue for this fishery is estimated to be 42 percent 
($17.2 million).
    Impacts on the American Samoa-based pelagic longline fisheries (the 
only active U.S. 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 in [in or from 
the state itself] 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 final rule will not affect the 
operations of these vessels beyond the requirement that vessel 
operators purchase and use

[[Page 40235]]

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.
    This final rule (the preferred alternative) implements the 
provisions of the reasonable and prudent alternative of the March 29, 
2001, BiOp regarding the protection of endangered and threatened sea 
turtles for all pelagic fisheries in the western Pacific region. This 
final rule contains the provisions of the emergency rule for the 
Hawaii-based pelagic longline fishery effective through June 8, 2002. A 
range of other alternatives was also considered in the FRFA. The first 
alternative was the no action alternative, which would have allowed the 
current emergency rule to expire, removing restrictions on the fishery 
that protect sea turtles. This alternative 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 protection to ensure that the fishery avoids jeopardizing 
the continued existence of sea turtles. 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 protection to ensure that the fishery avoids 
jeopardizing the continued existence of sea turtles. A fourth 
alternative would have closed all western Pacific EEZ waters to 
longline fishing and prohibited the landing of longline caught fish in 
all U.S. 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 allows the continued harvest of pelagic fish in 
the western Pacific region while also protecting endangered and 
threatened sea turtles. Furthermore, it is the only alternative that 
meets the requirements of the ESA, through implementation of the 
reasonable and prudent alternative of the March 29, 2001, BiOp. A copy 
of the FRFA is available from the Council (see ADDRESSES).
    A formal section 7 consultation under the ESA was concluded for the 
FMP, resulting in the March 29, 2001, BiOp. In the BiOp, 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 and prescribed a non-discretionary reasonable and prudent 
alternative for this FMP to avoid the likelihood of jeopardizing the 
continued existence of these sea turtles. This final rule implements 
this non-discretionary reasonable and prudent alternative, as well as 
non-discretionary terms and conditions also in the BiOp.
    Under 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NMFS, finds good cause to waive the 30-day delay in 
effectiveness for turtle mitigation measures for the Hawaii-based 
longline fishery. A waiver of the delay in effectiveness for the final 
rule is needed to ensure the uninterrupted protection of sea turtles in 
the fishery following the expiration of an emergency interim rule on 
June 8, 2002. All turtle mitigation measures in this final rule 
applicable to non-Hawaii longline fisheries will take effect 30-days 
following publication of this final rule except for the mitigation 
measure requiring that operators with Western Pacific general longline 
permits to attend a protected species workshop, which will take effect 
on August 31, 2002.

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: June 6, 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 for part 660 continues to read as 
follows:Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 660.21, paragraph (l) is added to read as follows:


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 (hh) and (ii) are removed and 
reserved and paragraphs (jj) through (tt) are added to read as follows:


Sec. 660.22  Prohibitions.

* * * * *
    (jj) 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 freeboard of more 
than 3 ft (0.9 m) in violation of Sec. 660.32(a).
    (kk) 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 
freeboard more than 3 ft (0.9 m) in violation of Sec. 660.32(a)(2).
    (ll) 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 freeboard of less than 3 
ft (0.9 m) in violation of Sec. 660.32(a)(3).
    (mm) Fail to comply with the sea turtle handling, resuscitation, 
and release requirements when operating a

[[Page 40236]]

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).
    (nn) 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).
    (oo) 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).
    (pp) 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).
    (qq) 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).
    (rr) Possess a light stick on board a vessel registered for use 
under either a 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).
    (ss) 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(h).
    (tt) 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. 660.36(c).
* * * * *

    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:


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 (after July 12, 2002) a longline general permit that 
have a freeboard more than 3 ft (0.9 m) 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 a freeboard more than 3 ft (0.9 m) 
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 a 
freeboard of 3 ft (0.9 m) or less 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 added to read as follows:


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 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 
latitude, on the north by 15 deg. N. lat., on the east by

[[Page 40237]]

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-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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[GRAPHIC] [TIFF OMITTED] TR12JN02.028

BILLING CODE 3510-22-C

    6. Section 660.36 is redesignated as Sec. 660.34 and revised to 
read as follows:


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 (after August 31, 2002) 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

[[Page 40238]]

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. 02-14749 Filed 6-7-02; 3:33 pm]
BILLING CODE 3510-22-S