[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Rules and Regulations]
[Pages 45393-45401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17104]



[[Page 45393]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 020325067-2161-02; I.D. 080901B]
RIN 0648-AP49


Atlantic Highly Migratory Species; Pelagic Longline Fishery; 
Shark Gillnet Fishery; Sea Turtle and Whale Protection Measures

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

ACTION: Final rule.

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

SUMMARY: This final rule implements measures required by the June 14, 
2001, Biological Opinion (BiOp) on Atlantic highly migratory species 
(HMS) fisheries. In the HMS pelagic longline fishery, NOAA Fisheries is 
closing the northeast distant statistical reporting (NED) area, 
requiring the length of any gangion to be 10 percent longer than the 
length of any floatline if the total length of any gangion plus the 
total length of any floatline is less than 100 meters, and prohibiting 
vessels from having hooks on board other than corrodible, non- 
stainless steel hooks. In the HMS shark gillnet fishery, both the 
observer and vessel operator must look for whales, the vessel operator 
must contact NOAA Fisheries if a listed whale is taken, and shark 
gillnet fishermen must conduct net checks every 0.5 to 2 hours to look 
for and remove any sea turtles or marine mammals from their gear. This 
final rule also requires all HMS bottom and pelagic longline vessels to 
post sea turtle handling and release guidelines in the wheelhouse. The 
intent of these actions is to reduce the incidental catch and post-
release mortality of sea turtles and other protected species in HMS 
fisheries.

DATES: Effective July 9, 2002, except for the amendments to Sec. 635.5 
and Sec. 635.21 paragraphs (d)(3)(iv), (d)(3)(v) and (d)(3)(vi) which 
are effective August 8, 2002 and Sec. 635.21 paragraph (c)(5)(iii)(B) 
which is effective October 7, 2002.

ADDRESSES: For copies of the Final Environmental Impact Statement/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (FSEIS/
RIR/FRFA), contact Tyson Kade at 301-713-2347.

FOR FURTHER INFORMATION CONTACT: Tyson Kade or Margo Schulze-Haugen at 
301-713-2347 or fax 301-713-1917. To report a sea turtle mortality in 
the pelagic longline fishery, please call 800-858-0624. To report an 
interaction with a listed whale in the shark gillnet fishery, please 
call 305-862-2850.

SUPPLEMENTARY INFORMATION: The Atlantic swordfish and tuna fisheries 
are managed under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act (ATCA). Atlantic sharks are managed under the 
authority of the Magnuson-Stevens Act. The Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) is implemented by 
regulations at 50 CFR part 635. The management of Atlantic HMS 
fisheries is also subject to the requirements of the Endangered Species 
Act (ESA) and the Marine Mammal Protection Act (MMPA).

Sea Turtle Bycatch Reduction

    NOAA Fisheries is required to address the fishery-related takes of 
sea turtles that are listed as threatened or endangered under the ESA. 
Although a high percentage of hooked sea turtles are released alive, 
NOAA Fisheries remains concerned about serious injuries to sea turtles 
taken by pelagic longline gear. Longline fisheries generally affect sea 
turtles by entangling or hooking them in fishing gear. Sea turtles that 
become entangled in longline gear may drown when they are forcibly 
submerged or they may be injured by the entangling lines. Turtles that 
are hooked by longline gear can be injured or killed, depending on 
whether they are hooked internally or externally. In addition to these 
immediate effects, as discussed in the BiOp, trailing longline gear can 
have long-term effects on a turtle's ability to swim, forage, migrate, 
and breed, although these long-term effects are difficult to monitor 
and measure. From 1992 to 1999, NOAA Fisheries estimates that the 
Atlantic pelagic longline fishery interacted with an average of 795 
leatherback and 986 loggerhead sea turtles annually with an average 
annual estimate of 11 leatherback and 8 loggerhead mortalities. As 
explained in the BiOp, based on available data, NOAA Fisheries expects 
that 27 percent of loggerhead sea turtles hooked in the beak or mouth, 
42 percent of loggerhead sea turtles that ingested hooks, and 27 
percent of the leatherback sea turtles hooked in their flippers will 
die.
    In a BiOp prepared under section 7 of the ESA, completed June 14, 
2001, NOAA Fisheries concluded that operation of the U.S. Atlantic 
pelagic longline fishery jeopardized the continued existence of 
threatened loggerhead and endangered leatherback sea turtles. 
Information from the NOAA Fisheries' Southeast Fisheries Science 
Center's February 2001 Stock Assessment of Loggerhead and Leatherback 
Sea Turtles and an Assessment of the Impact of the Pelagic Longline 
Fishery on the Loggerhead and Leatherback Sea Turtles of the Western 
North Atlantic is incorporated in the BiOp's analysis. The BiOp 
estimates that a 55-percent reduction in bycatch mortality from the 
Atlantic pelagic longline fishery is necessary to remove jeopardy to 
these two species. It is anticipated that this level of reduction can 
be achieved by implementing an area closure and by modifying the manner 
in which pelagic longline gear is deployed. The BiOp also requires 
several other measures to be implemented in the bottom and pelagic 
longline and shark gillnet fisheries to reduce bycatch of with sea 
turtles, whales, and other protected species.

Pelagic Longline Fishery

    Pelagic longline gear is a type of commercial fishing gear used by 
U.S. fishermen in the Atlantic Ocean to target HMS. The gear consists 
of a mainline, often many miles long, suspended in the water column by 
floats and from which baited hooks are attached on leaders (gangions). 
Though not completely selective, longline gear can be modified (e.g., 
gear configuration, hook depth, timing of sets) to target sharks, 
swordfish, bigeye tuna, or yellowfin tuna.
    Data collected through observer and vessel logbook programs 
indicate that pelagic longline fishing for Atlantic swordfish and tunas 
often results in the catch of non-target finfish species, including 
sharks, bluefin tuna, billfish, undersized swordfish, and protected 
species, including threatened and endangered sea turtles. The bycatch 
of protected species (sea turtles, marine mammals, or seabirds) may 
significantly impair the recovery of these species. Consistent with 
national standard 9 of the Magnuson-Stevens Act, NOAA Fisheries has 
implemented measures to reduce bycatch and bycatch mortality to the 
extent practicable in the Atlantic pelagic longline fishery.

Area Closure

    The NED area has the highest incidental take rate of sea turtles by 
the U.S. Atlantic pelagic longline fleet. This regulation will close 
the NED area to vessels that have been issued, or are required to have, 
Federal HMS limited access permits and use pelagic longline

[[Page 45394]]

gear. The closed area is bounded by the following coordinates: 
35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. lat., 60 deg.00' 
W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 
20 deg.00' W. long. This closure comprises an area of 2,631,000 square 
nautical miles (nm\2\), including the Grand Banks and other fishing 
locations. Only larger vessels, primarily fishing out of ports in the 
northeast, travel to this area on a seasonal basis, from June to 
October. The BiOp estimates that this closure would reduce loggerhead 
and leatherback sea turtle interactions by 67 and 58 percent, 
respectively, based on logbook data and 51 and 49 percent, 
respectively, based on estimated extrapolated take levels derived from 
observer and logbook data in 1999.

Gear Modifications

    In addition to the closure, NOAA Fisheries is implementing several 
gear modifications designed to reduce the mortality rate of captured 
sea turtles year-round and in all fishing areas. All Atlantic vessels 
that use pelagic longline gear and have been issued, or are required to 
have, Federal HMS limited access permits are required to deploy the 
gear so that hooked or entangled turtles have sufficient slack line to 
reach the surface and avoid drowning. Specifically, for pelagic 
longline sets in which the combined depth of any floatline plus any 
gangion is 100 meters or less, the length of any gangion must be at 
least 10 percent longer than the length of any floatline. For sets in 
which the combined depth is over 100 meters, the requirement does not 
apply.
    All Atlantic vessels that use pelagic longline gear and have been 
issued, or are required to have, Federal HMS limited access permits are 
prohibited from having on board hooks other than corrodible, non-
stainless steel hooks. NOAA Fisheries expects to hold a workshop by the 
end of 2002 to assess the impacts of corrodible hooks on sea turtles. 
Currently, this measure is believed to reduce the post-release 
mortality of sea turtles by either causing the fishing line to fall off 
or causing the hook to fall out earlier than might occur if it were 
made of stainless steel. NOAA Fisheries does not expect this management 
measure to have a significant impact on the catch rates of target 
species because many pelagic longline fishermen already use non-
stainless steel hooks.
    Finally, all Atlantic vessels that use bottom or pelagic longline 
gear and have been issued, or are required to have, Federal HMS limited 
access permits are required to post inside the wheelhouse the 
guidelines for the safe handling of sea turtles captured in a longline 
interaction. This measure will allow vessel captains to refer to the 
appropriate handling and release guidelines in the event a sea turtle 
is hooked or entangled. NOAA Fisheries previously distributed the 
guidelines via mail to all HMS bottom and pelagic longline permit 
holders and announced this requirement in an emergency rule (66 FR 
36711, July 13, 2001) and the availability of the guidelines via the 
fax network in September 2001. The document is available for 
downloading from the Internet at: http://www.nmfs.noaa.gov/sfa/hmspg.html, or NOAA Fisheries can be contacted to request a copy (see 
ADDRESSES).

Reporting

    Based on one of the terms and conditions (TC) of the BiOp, this 
rule requires that the captains of all vessels that have pelagic 
longline gear on board and have been issued, or are required to have, 
Federal HMS limited access permits report any turtles that are dead 
when they are captured or that die during capture to the Southeast 
Fisheries Science Center (SEFSC) Observer Program at a number 
designated by NOAA Fisheries (see ADDRESSES) within 48 hours of 
returning to port. NOAA Fisheries expects that this regulation will 
provide a better assessment of the number of lethal sea turtle takes 
during pelagic longline operations. This should result in more accurate 
management decisions involving fishery interactions with these species.

Experimental Fishery

    Consistent with the BiOp, NOAA Fisheries expects to continue a 
research program, in consultation and cooperation with the domestic 
pelagic longline fleet, to develop and evaluate the efficacy of new 
technologies and changes in fishing practices to reduce sea turtle 
interactions. The experimental fishery uses a limited number of 
qualifying commercial fishing vessels as cooperative research platforms 
in the NED area. The approved research plan for the experimental 
fishery, as stated in the BiOp, complies with four conditions: the sea 
turtle target mortality reduction is 55 percent, the duration is no 
more than 3 years, all measures that are tested must be exportable to 
international fleets, and the level of mortality reduction may be 
achieved through reducing take rates or improving post-release survival 
for captured sea turtles.
    In 2001, the experiment evaluated the effect of gangions placed two 
gangion lengths from floatlines, the effect of blue-dyed bait on target 
catch and sea turtle interactions, and the effectiveness of dipnets, 
line clippers, and dehooking devices. Eight vessels participated, 
making 186 sets, between August and November. During the course of the 
experimental fishery, 142 loggerhead and 77 leatherback sea turtles 
were incidentally captured and no turtles were released dead. NOAA 
Fisheries analyzed the data to determine if the tested measures reduced 
the incidental capture of sea turtles by a statistically significant 
amount. Measures to reduce post-release mortality continue to be 
examined and will be made available upon completion of this research. 
The blue-dyed bait parameter decreased the catch of loggerheads by 9.5 
percent and increased the catch of leatherbacks by 45 percent. Neither 
value is statistically significant. In examining the gangion placement 
provision, the treatment sections of the gear (with gangions placed 20 
fathoms from floatlines) did not display a statistically significant 
reduction in the number of loggerhead and leatherback sea turtle 
interactions compared to the control sections of the gear (with a 
gangion located under a floatline). The treatment section of the gear 
recorded a statistically insignificant increase in the number of 
leatherback interactions and had no significant effect on loggerhead 
interactions. These results led to the conclusion that the measures 
tested in 2001 were not successful in reducing interactions between sea 
turtles and pelagic longline gear. The 2002 NED experiment is expected 
to commence in July 2002.

Atlantic Shark Gillnet Fishery

    Gillnet fishing for sharks occurs primarily in the waters off the 
coasts of Georgia and Florida. The fishery is comprised of 4 to 11 
vessels that engage in nearshore fishing trips that typically last less 
than 18 hours. Legislation in South Carolina, Georgia, and Florida has 
prohibited the use of commercial gillnets in state waters, causing 
these vessels to operate further offshore in waters under Federal 
jurisdiction. Historically, eight shark species made up over 99 percent 
of sharks caught, including: blacknose, Atlantic sharpnose, blacktip, 
finetooth, scalloped hammerhead, bonnethead, spinner, and great 
hammerhead sharks. The June 14, 2001, BiOp contains several TCs that 
NOAA Fisheries must implement to reduce interactions with and 
mortalities of sea turtles and whales in the HMS shark gillnet fishery. 
The two requirements addressed by this final rule are discussed below.

[[Page 45395]]

Sighting and Reporting Whales

    This action requires that both the vessel operator of all vessels 
issued Federal Atlantic shark limited access permits and that fish for 
Atlantic sharks with a shark gillnet (as defined by 50 CFR 229.2) and, 
in cases where an observer is on board, the observer, are responsible 
for sighting whales. The vessel operator is responsible for contacting 
the Southeast Regional Office (SERO) of NOAA Fisheries at a number 
designated by NOAA Fisheries (see ADDRESSES) and ceasing fishing in the 
event of a listed whale being taken in the drift gillnet/strikenet 
gear. By having two people responsible for sighting whales, NOAA 
Fisheries hopes that the animals can be spotted prior to any fishery 
interaction occurring.

Checking Gear

    In the shark gillnet fishery, it is customary for fishermen to 
inspect the length of the net every 0.5 to 2 hours to check the net and 
the catch. This regulation requires the fishermen to conduct these net 
checks to look for and remove any sea turtles and marine mammals found 
during these checks. While using the gear for strikenetting, the 
fishermen are exempt from this requirement due to the limited soak 
time. As the average soak time for the drift gillnets in this fishery 
is 5.6 to 7.5 hours, this measure is expected to reduce the mortality 
level of incidentally captured protected species.

Changes From the Proposed Rule

    The primary difference between the proposed rule and this action is 
that the proposed alternative requiring vessel operators using pelagic 
longline gear to set gangions two gangions lengths away from floatlines 
is not being made final. Results from the 2001 experimental fishery in 
the NED area determined that this alternative is not effective in 
reducing interactions with loggerhead and leatherback sea turtles. NOAA 
Fisheries presents an analysis of the impacts of not selecting this 
alternative in the FSEIS.

Response to Comments

    NOAA Fisheries received numerous comments during the comment period 
on the April 10, 2002, proposed rule. Comments are summarized here 
together with responses.

Biological Opinion

    Comment 1: The jeopardy finding of the June 14, 2001, BiOp is 
fundamentally flawed and treats the Atlantic pelagic longline fishery 
unequally compared to other domestic and international fisheries by 
trying to accomplish a 10-percent increase in pelagic stage juvenile 
loggerhead sea turtle survivorship in the entire North Atlantic basin 
by imposing a 55-percent reduction in sea turtle interactions by U.S. 
pelagic longline fishermen alone.
    Response: Currently, NOAA Fisheries is in litigation concerning the 
BiOp and the resulting regulations and a court decision is pending. 
NOAA Fisheries believes that the BiOp and implementing regulations 
incorporate the best available scientific information concerning sea 
turtle populations and the HMS fisheries and do not impose an unfair 
burden on U.S. fishermen.
    Comment 2: NOAA Fisheries should attempt to quantify or account for 
the reductions in sea turtle mortality that have resulted from the 
requirement to possess and use dipnets and line clippers.
    Response: Efforts are underway to examine the post-release status 
of sea turtles incidentally captured in the pelagic longline fishery. 
The BiOp provides estimated mortality rates for sea turtles ranging 
from 27 to 42 percent depending on where the sea turtles were hooked. 
The 2001 NED experimental fishery included a pilot program to assess 
the post-release mortality of loggerhead sea turtles and additional 
studies are scheduled for 2002. These analyses should provide greater 
insights into the reductions in mortality gained by the use of dipnets 
and line clippers.
    Comment 3: NOAA Fisheries should apply a moratorium on pelagic 
longline, gillnet, and other fishing gears that interact with sea 
turtles in the Atlantic Ocean to improve the turtles' chances for 
survival.
    Response: While the HMS BiOp concluded that the operation of the 
Atlantic pelagic longline fishery jeopardizes the continued existence 
of loggerhead and leatherback sea turtles, a reduction in mortality of 
55-percent would avoid jeopardy. NOAA Fisheries can achieve this 
reduction in mortality without implementing a moratorium on pelagic 
longline gear. Regarding shark gillnet and other fishing gears, the HMS 
BiOp found that these activities may adversely affect but are not 
likely to jeopardize sea turtles, whales, and other protected species, 
and consequently, identified several measures to reduce mortality 
without the need for a moratorium of those gears. This action 
implements those measures; therefore, a moratorium of shark gillnet and 
other fishing gear is not warranted at this time.
    Comment 4: NOAA Fisheries should reinitiate consultation and 
consider more protective measures if gear restrictions do not provide 
the benefits anticipated in the biological opinion.
    Response: NOAA Fisheries will evaluate the efficacy of the bycatch 
and bycatch reduction measures implemented in this action as well as 
the efficacy of measures already in place as the data become available 
for statistical analyses. If these and other measures are found to be 
insufficient, NOAA Fisheries will take appropriate action.
    Comment 5: The United States must take action to increase the 
visibility of sea turtle conservation on an international scale with 
the goal of reducing international sea turtle interactions.
    Response: The International Bycatch Reduction Task Force is 
organizing a meeting in late 2002 to address international sea turtle 
concerns. Also, the experiments being conducted in the NED area are 
intended to develop pelagic longline gear and/or fishing modifications 
to reduce sea turtle takes that can be transferred to international 
pelagic longline fleets.
    Comment 6: Sea turtle populations are increasing.
    Response: Trend information on loggerhead sea turtles demonstrates 
that the Florida subpopulation is increasing, but that the northern 
subpopulation, which has a large number of males, is relatively small 
and is either stable or declining. For leatherback sea turtles, there 
have been increases in the number of nests on some of the smaller 
nesting beaches, but the largest nesting beach has had a 15-percent 
decline in nests in recent years indicating a declining population.

Pelagic Longline Fishery

NED Area Closure
    Comment 7: NOAA Fisheries should not close the NED area. It is 
unreasonable to close 2.6 million square nautical miles of the Atlantic 
Ocean when data show that the turtle interactions occur in a relatively 
small portion of the NED area and only during certain months.
    Response: Based on the dynamic nature of ocean systems and the 
migratory nature of marine wildlife, closed areas have to be large to 
ensure they achieve the goal in reducing bycatch and bycatch mortality. 
NOAA Fisheries is aware that turtle interactions occur in a portion of 
the NED area; however, those interactions occur where and when pelagic 
longline fishing has occurred. Closing only that portion of the NED 
area where and when pelagic longline fishing has occurred could result 
in continued or

[[Page 45396]]

increased takes of turtles in the remaining open area of the NED area 
if fishermen move there. Additionally, closing only part of the NED 
area could decrease human safety at sea if fishermen move into 
unfamiliar fishing areas even further offshore than the areas currently 
fished or fish during other times of year when weather conditions are 
poor.
    Comment 8: By closing the NED, the most productive swordfish 
fishing grounds available to U.S. fishermen, NOAA Fisheries will create 
a situation in which foreign flag fleets supplant the U.S. fleet and 
will likely result in more sea turtles being killed because 
international fleets do not follow careful sea turtle handling and 
release guidelines like U.S. fishermen.
    Response: NOAA Fisheries is conducting an experimental fishery in 
the NED area using vessels of the U.S. pelagic longline fleet to test 
various gear configurations. The goal of the experiment is to develop 
pelagic longline gear and/or fishing modifications to reduce sea 
turtles bycatch and bycatch mortality sufficiently so that the NED area 
can be reopened and the technology exported to the international 
pelagic longline fleets. In the event that no such gear or fishing 
modifications are developed and the NED area remains closed to the U.S. 
pelagic longline fleet, NOAA Fisheries is aware that international 
fleets may increase fishing effort in the NED area. Regardless of the 
results of the NED area experiment, NOAA Fisheries intends to pursue 
international sea turtle conservation agreements and measures.
    Comment 9: NOAA Fisheries should close the NED area to conventional 
pelagic longline gear but keep it open to fishermen who voluntarily 
agree to test new and innovative fishing techniques.
    Response: NOAA Fisheries supports cooperative research with 
fishermen to develop pelagic longline gear and/or fishing modifications 
to reduce sea turtle interactions and is conducting an experimental 
fishery in the NED area using vessels of the U.S. pelagic longline 
fleet. That experimental fishery began in 2001 and will continue 
through 2003. After that time, NOAA Fisheries will evaluate the results 
of the experimental fishery and determine if the NED area can be 
reopened to pelagic longline vessels using modified fishing techniques, 
determine if further research is necessary and take appropriate action 
to conduct that research, or determine if no further research is 
warranted. NOAA Fisheries believes that the final action to close the 
NED area while also conducting the experimental fishery is essentially 
the same outcome as that suggested by the comment.
    Comment 10: NED boats cannot simply go fish elsewhere as NOAA 
Fisheries predicts and remain profitable. Other coastal fishing areas 
are overcrowded, have competition with coastal longliners, and have 
gear conflicts with stationary lobster and crab gear.
    Response: NOAA Fisheries is aware that not all other fishing areas 
are likely to be as profitable as the NED area for pelagic longline 
vessels that typically fished in the NED area. However, data available 
to NOAA Fisheries indicate that other areas, such as the Caribbean 
area, can be as profitable as the NED area. Additionally, data 
available to NOAA Fisheries indicate that NED vessels already fish in 
other areas, including the Caribbean, during winter months; thus, 
switching locations is not prohibitive for NED vessels. Also, in the 
short term, NED vessels can volunteer to participate in the NED 
experimental fishery. Participating in the NED experimental fishery can 
be profitable for these vessels in the short-term, and, in the worst 
case scenario, will allow these vessels time to plan their course of 
action if the experimental fishery does not produce results that would 
allow NOAA Fisheries to reopen the NED area.
    Comment 11: Closing the NED area after closing the Florida Straits 
and Charleston Bump will direct increased effort into smaller and 
smaller areas and will increase regulatory discards that could result 
in more time and area closures.
    Response: NOAA Fisheries intends to analyze the impacts of the time 
and area closures in the Florida east coast, Charleston Bump, and 
DeSoto Canyon as well as the NED area closure implemented by the 
emergency rule as the data become available for statistical analyses. 
NOAA Fisheries will take appropriate action at that time to address 
bycatch in the remaining open areas in light of effort redistribution 
as warranted.
    Comment 12: Closing the NED area will prevent U.S. fishermen from 
enjoying the fruits of their hard-earned success in reversing the 
decline of swordfish.
    Response: U.S. fishermen may fish for and land swordfish in U.S. 
waters under its quota from the International Commission for the 
Conservation of Atlantic Tunas and, as swordfish stocks recover, U.S. 
fishermen can reasonably expect to enjoy the benefits of a sustainable 
swordfish fishery.
    Comment 13: Without the establishment of a sunset provision for the 
NED area closure, there is no assurance that it will ever be 
reevaluated.
    Response: The NED area is closed to achieve most of the required 
55-percent reduction mandated by the HMS BiOp. The experimental fishery 
in the NED area is designed to develop effective sea turtle bycatch 
reduction measures so that an area closure will not be necessary and 
the NED area can be reopened. Additionally, NOAA Fisheries intends to 
analyze the impact of all time and area closures implemented for HMS 
fishermen as data become available. Based on these analyses, NOAA 
Fisheries will modify any closures, as appropriate.
    Comment 14: NOAA Fisheries must close the NED area to fishing by 
the U.S. pelagic longline fleet to ensure that it meets its legal 
obligations under the ESA and avoid jeopardy by reducing sea turtle 
bycatch. This closure would have the additional benefit of reducing the 
incidence of blue shark discards by U.S. fishermen.
    Response: NOAA Fisheries is implementing such as closure.

Other Alternatives

    Comment 15: The 2001 NED area experiment found that the gangion 
placement relative to floatlines shows a negative effect. NOAA 
Fisheries should rescind this requirement on the entire U.S. fleet at 
this time.
    Response: NOAA Fisheries is not implementing that requirement.
    Comment 16: NOAA Fisheries should implement the alternative to 
prohibit setting gangions in close proximity to floatlines as the 
measure is projected to reduce the take of loggerhead and leatherback 
sea turtles by 22 and 24 percent, respectively.
    Response: The 2001 experimental fishery in the NED area 
demonstrated that this measure is not effective in reducing the 
incidental capture of sea turtles and may increase the interaction rate 
with leatherback sea turtles. Accordingly, NOAA Fisheries is not 
implementing that requirement.
    Comment 17: NOAA Fisheries must analyze and quantify the benefits 
and drawbacks of the proposal to have gangion lengths be 110 percent of 
floatline length, including the economic impact of reduced target 
catch. This proposed alternative may have minimal effect on sea turtle 
survival as ocean currents or turtle movements could tangle the line.
    Response: The economic impacts of the final actions are analyzed in 
the FSEIS. Additionally, the FSEIS provides the best available 
information concerning the effectiveness and

[[Page 45397]]

impacts of the final actions. NOAA Fisheries believes that the measure 
will have a positive effect on sea turtle survival although no 
quantitative estimate is available at this time.
    Comment 18: NOAA Fisheries should implement the requirement for 
gangions to be longer than floatlines.
    Response: NOAA Fisheries is implementing this requirement.
    Comment 19: NOAA Fisheries needs to make a decision concerning the 
corrodible hook criteria and determine a policy for their 
implementation and extend it to all bycatch species and all HMS hook 
and line fisheries to increase post-release survival. The hooks should 
be used experimentally before being adopted on a larger scale.
    Response: The current standard for corrodible hooks is that they be 
composed of non-stainless steel. NOAA Fisheries believes that many 
pelagic longline fishermen already use non-stainless steel hooks so 
that this measure should result in little change in costs or fishing 
practices while providing benefits to sea turtles although no 
quantitative estimates are available at this time. Therefore, NOAA 
Fisheries believes that finalizing this measure for the Atlantic 
pelagic longline fleet at this time is warranted. NOAA Fisheries may 
revise this standard at a future date as additional information becomes 
available. NOAA Fisheries intends to host a conference by the end of 
2002 with sea turtle biologists and veterinarians to examine this 
issue.
    Comment 20: Fishermen using other fishing gears are known to 
interact with sea turtles and should also be required to possess and 
use specific handling instructions for reference during their sea 
turtle interactions.
    Response: NOAA Fisheries intends to develop fishery-specific sea 
turtle handling and release guidelines. At that time, NOAA Fisheries 
will take the appropriate action to ensure their distribution and use.
    Comment 21: NOAA Fisheries should require posting of sea turtle 
handling and release guidelines in the wheelhouse.
    Response: NOAA Fisheries is implementing a measure that will 
require guidelines to be posted in the wheelhouse of all pelagic and 
bottom HMS longline vessels.
    Comment 22: NOAA Fisheries needs to address several issues 
concerning sea turtle post-release survival, including differences in 
gear interactions between fisheries and oceans, tag reliability, and 
creating a strategy for research using the Atlantic pelagic longline 
fleet.
    Response: The 2001 NED area experimental fishery included a pilot 
study that involved the deployment of 16 PSAT (pop-off satellite) tags 
on loggerhead sea turtles caught in the Atlantic pelagic longline 
fishery. This study is scheduled to continue during the next 2 years of 
the experimental fishery and should effectively address the issues 
concerning sea turtle post-release survival following interactions with 
Atlantic pelagic longline gear.
    Comment 23: NOAA Fisheries should increase the level of observer 
coverage in the pelagic longline and shark gillnet fisheries to better 
monitor interactions with protected species.
    Response: Observer coverage is an important way to monitor fishery 
interactions with protected species. NOAA Fisheries has determined the 
level of observer coverage necessary in the pelagic longline and shark 
gillnet fisheries to produce statistically rigorous estimates of 
protected species interactions and is implementing those coverage 
levels.
    Comment 24: NOAA Fisheries should implement a measure requiring 
pelagic longline vessels to carry a dehooking device on board.
    Response: NOAA Fisheries believes that additional information 
concerning what types and techniques are optimal to reduce harm to sea 
turtles is needed before implementing such a measure. Several designs 
were tested in the 2001 NED experimental fishery and will continue to 
be tested in the 2002 NED area experimental fishery. NOAA Fisheries 
will take appropriate action based on the results of the experiment.
    Comment 25: NOAA Fisheries should implement the timely reporting of 
sea turtle mortalities and the proper release of incidentally caught 
turtles, which are important factors in assessing and reducing sea 
turtle mortality in the pelagic longline fishery.
    Response: NOAA Fisheries is implementing a measure that requires 
HMS fishermen with pelagic longline on board to report lethal turtle 
takes within 48 hours of returning to port.

NED Experiment

    Comment 26: NOAA Fisheries should not forgo the collection of data 
that may help the bycatch reduction of other incidentally caught 
species when conducting research to mitigate the impact of pelagic 
longline gear on sea turtles.
    Response: Data are being collected that will permit the analysis of 
the impacts of the measures tested in the NED area experimental fishery 
on other incidentally caught species.
    Comment 27: NOAA Fisheries should consider the impact of gear 
modifications on other species besides sea turtles prior to exporting 
them to international fisheries.
    Response: The impact of gear modifications on other species will be 
considered prior to promulgating regulations implementing measures for 
the pelagic longline fishery for species besides sea turtles and prior 
to exporting successful sea turtle take reduction measures to 
international fisheries.
    Comment 28: NOAA Fisheries should implement any additional measures 
found to be effective during the ongoing sea turtle research, however 
more attention should be paid to other protective measures such as time 
or area closures.
    Response: NOAA Fisheries intends to implement measures found to be 
effective in reducing sea turtle bycatch and bycatch mortality in the 
NED area experiment, including time or area closures, as appropriate.
    Comment 29: NOAA Fisheries should continue to experiment with gear 
modifications that would reduce the mortality of sea turtles and 
implement new rules in response to new data about their effectiveness.
    Response: NOAA Fisheries will continue to conduct such experiments.
    Comment 30: NOAA Fisheries should foster cooperation with the 
industry through truly cooperative research based on real science.
    Response: NOAA Fisheries believes that the NED area experimental 
fishery is an example of cooperative research based on sound science.

Shark Gillnet Fishery

    Comment 31: The requirement for shark gillnet fishermen to contact 
NOAA Fisheries and cease fishing in the event of a listed whale being 
taken will neither protect listed whales nor reduce the bycatch of 
these animals.
    Response: According to the BiOp, the major known sources of 
anthropogenic mortality and injury to listed whales include 
entanglement in commercial fishing gear and ship strikes. However, many 
of the reports of whale mortality cannot be attributed to a particular 
source. While to date, there has not been a confirmed interaction with 
a listed whale in the shark gillnet fishery, NMFS believes that it is 
appropriate to implement regulations that will enhance the response to 
an interaction with a listed whale and prevent a subsequent interaction 
by requiring the vessel to cease fishing immediately.
    Comment 32: NOAA Fisheries should prohibit gillnet sets within a 5 
nautical

[[Page 45398]]

mile radius of any sighted listed whale or, if the gear is already set, 
the removal of that gear from the water.
    Response: NOAA Fisheries believes that current regulations under 
the Atlantic Large Whale Take Reduction Plan are adequate. Current 
regulations require shark gillnet fishermen to fish for sharks with a 
strikenet during times that right, humpback, fin or minke whales are 
present, require that no nets be set under limited visibility, prohibit 
setting of nets within three nautical miles of a whale, and require 
that gear be removed immediately from the water if a whale moves within 
3 nautical miles of the gear.
    Comment 33: NOAA Fisheries should implement regulations that would 
prevent gillnet fishing if a listed whale were taken for the rest of 
the season or until whales are no longer sighted in that area based on 
seven consecutive sighting surveys.
    Response: NOAA Fisheries believes that current regulations under 
the Atlantic Large Whale Take Reduction Plan are adequate. 
Additionally, NOAA Fisheries has the authority under the Endangered 
Species Act to implement temporary closures to reduce takes or 
potential takes, as appropriate.
    Comment 34: The net check provision will likely offer little 
conservation benefit for marine mammals and sea turtles unless it is 
coupled with disentanglement response training.
    Response: The net check provision will require the shark gillnet 
fishermen to check their nets every 0.5 to 2 hours which should reduce 
the mortality of any incidentally captured protected species. 
Disentanglement training was provided to fishermen in this fishery 
although attendance was low. NOAA Fisheries may pursue additional 
disentanglement training for shark gillnet fishermen in the future. 
Additionally, the requirement to notify NOAA Fisheries if a whale is 
taken will allow personnel trained in disentangling these animals to 
respond.
    Comment 35: NOAA Fisheries should maintain 100-percent observer 
coverage in the shark gillnet fishery due to the bycatch problems 
associated with this gear.
    Response: Recently, the necessary level of observer coverage was 
statistically determined to be 53-percent outside right whale calving 
season and 100-percent coverage during right whale calving season. A 
statistically significant level of observer coverage would yield 
comparable results to 100- percent coverage. Additionally, given its 
limited resources, NOAA Fisheries believes that the resources that 
would be required to provide additional coverage outside the right 
whale calving season (not required statistically) are needed to provide 
additional observer coverage in other fisheries. NOAA Fisheries will 
maintain 100-percent observer coverage in this fishery during right 
whale calving season.
    Comment 36: In addition to the preferred alternatives (requiring 
immediate reporting if a listed whale is taken; making the observer and 
vessel operator responsible for looking for whales; and frequent net 
checks), NOAA Fisheries should require fishermen to remove finfish 
bycatch in addition to protected species during net checks in the shark 
gillnet fishery.
    Response: While NOAA Fisheries agrees that the preferred 
alternatives are appropriate for this fishery, NOAA Fisheries is 
concerned that requiring the removal of finfish bycatch may delay the 
completion of the net checks and could increase the bycatch mortality 
of any incidentally captured protected species. However, NOAA Fisheries 
encourages shark gillnet fishermen to remove finfish bycatch as quickly 
and with as minimal injury as practicable.
    Comment 37: The size and low income of the shark gillnet fishery 
may not justify the high cost of the 100-percent observer coverage 
required during the right whale calving season compared to other 
observer needs.
    Response: NOAA Fisheries is aware that observer coverage costs for 
this fishery are high relative to the number of participants in this 
and other fisheries. NOAA Fisheries is considering the use of vessel 
monitoring systems to decrease observer coverage costs for this 
fishery. The issue of vessel monitoring systems is currently in 
litigation and NOAA Fisheries is waiting for a decision from the court.
    Comment 38: Shark gillnet fishermen should be required to check 
their nets continuously while deployed due to the numerous interactions 
with sea turtles and marine mammals. The 0.5 to 2 hour period between 
checking nets will result in unacceptably high sea turtle and marine 
mammal mortality. If the fishery cannot demonstrate that the gear can 
be fished cleanly, that gear should be prohibited for HMS species due 
to high bycatch of protected species.
    Response: At this time, NOAA Fisheries believes that requiring net 
checks every 0.5 to 2 hours is sufficient to reduce protected species 
bycatch mortality. Currently, the average soak time for drift gillnets 
is 5.6 to 7.5 hours. Thus, drift gillnet fishermen will have to check 
the net between 3 and 15 times during an average soak. However, NOAA 
Fisheries intends to review protected species bycatch mortality data in 
the future as data on the efficacy of this requirement become available 
and will re-evaluate a requirement to conduct net checks continuously 
or other gear restrictions in this fishery if protected species bycatch 
mortality is not reduced.

Enforcement

    Comment 39: NOAA Fisheries should implement vessel monitoring 
systems to improve the enforceability of the closed areas. This would 
be less disruptive and less costly for the fishermen and the Coast 
Guard.
    Response: This matter is currently in litigation. NOAA Fisheries is 
waiting for a decision from the Court.
    Comment 40: Enforcement of the gangion length provision will be 
difficult at sea. NOAA Fisheries should consider developing criteria to 
provide guidance in this matter (for example, specify how many gangions 
would need to meet the 110-percent requirement to verify compliance).
    Response: NOAA Fisheries will work with enforcement agents to 
develop guidance to enhance the enforceability of this measure.
    Comment 41: Enforcement of the gangion placement provision will be 
difficult because the gear can slide on the mainline due to a variety 
of reasons.
    Response: As this measure was found to be ineffective in reducing 
sea turtle bycatch in the NED area experimental fishery, NOAA Fisheries 
is not implementing the gangion placement requirement in this final 
action.
    Comment 42: NOAA Fisheries should consider a requirement that 
vessels fishing with bottom longline gear in an area closed to pelagic 
gear should not be allowed to possess pelagic species (i.e., tuna and 
sharks) and conversely, require that vessels fishing with pelagic gear 
not be allowed to have bottom species on board (i.e., some shark 
species) to increase enforcement.
    Response: The time and area closures currently in place for pelagic 
longline fishermen were designed to reduce bycatch in the pelagic 
longline fishery and do not apply to bottom longline fishermen. Thus, 
extending any closure to bottom longline fishermen would require NOAA 
Fisheries to conduct the appropriate analyses and rulemaking. However, 
NOAA Fisheries will discuss this comment with the NOAA Fisheries Office 
of Law Enforcement and consider its management implications.
    Comment 43: NOAA Fisheries should prohibit possession of non-
corrodible stainless steel hooks, not use of non-corrodible stainless 
steel hooks, because it would be difficult for the Coast Guard

[[Page 45399]]

to enforce a use prohibition if the vessel is allowed to have both 
corrodible non-stainless steel and non-corrodible stainless steel hooks 
on board.
    Response: NOAA Fisheries has modified the final action to prohibit 
vessels from having hooks on board other than corrodible, non-stainless 
steel hooks when pelagic longline gear is on board.
    Comment 44: The proposed definition of corrodible hooks as non-
stainless steel would be enforceable at sea.
    Response: NOAA Fisheries has implemented this provision.

Classification

    This final rule is published under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq.
    NOAA Fisheries has prepared a final regulatory flexibility analysis 
(FRFA) that examines the impacts of the selected alternatives, 
discussed previously in this document. It assumes that distant water 
fishermen, during the time they would otherwise be pelagic longline 
fishing in the NED area, will instead: (1) make longline sets in other 
areas or (2) exit commercial fishing. As of October 2001, there were 
320 directed and incidental swordfish permit holders under the limited 
access system. In 2000, only 199 fishermen actively participated in the 
pelagic longline fishery according to logbook reports. Since 1997, an 
average of 15 vessels have fished each year in the NED area. These 
vessels have traditionally landed approximately 20 percent of all 
domestically caught Atlantic swordfish and have been the most 
economically viable vessels in the fleet. However, due to the size and 
cost of operation of these vessels, NOAA Fisheries feels that it may 
not be as economical to fish in other areas of the Atlantic Ocean and 
thus, these 15 vessels would be significantly impacted due to the NED 
closure. The other selected alternatives regarding the pelagic longline 
fishery are not expected to have significant economic effects.
    The other alternatives considered for the pelagic longline fishery 
include: taking no action; other gear modifications, such as requiring 
dehooking devices, requiring hooks to be set deeper in the water 
column, requiring the use of blue-dyed bait, requiring the use of 
mackerel as bait, requiring the use of stealth gear, and requiring the 
use of circle hooks; and a ban on pelagic longline fishing by U.S. 
vessels in the Atlantic Ocean. While the no action alternative and most 
of the gear modification alternatives are not expected to have 
significant economic impacts on participants in the pelagic longline 
fishery, these alternatives either do not reduce bycatch to the extent 
required by the BiOp or are not supported by sufficient data to support 
implementation. Initial data concerning the alternative requiring 
circle hooks indicates that they may significantly reduce post-release 
mortality of sea turtles; however, more information is needed 
concerning impacts on target catch and appropriate hook size. In 
addition, there would be an economic cost associated with this 
alternative if fishing vessels were required to switch to circle hooks. 
While a complete ban on longline fishing would reduce bycatch to a 
greater extent than the NED time-area closure, the lost value of 
commercial seafood products and the adverse impacts on fishery 
participants and fishing communities would impose greater costs than 
the final action. Thus, there are no alternatives available at this 
time that would minimize the economic impacts on the approximately 15 
NED area vessels and reduce sea turtle interactions as required under 
the ESA and national standard 9 of the Magnuson-Stevens Act. The RIR/
FRFA provides further discussion of the economic effects of all the 
alternatives considered for the pelagic longline fishery.
    The two selected alternatives for the shark gillnet fishery will 
affect a small number of vessels, approximately 4 to 11, based on NOAA 
Fisheries records. The measure to contact NOAA Fisheries and cease 
fishing following the take of a listed whale species could have an 
economic impact as the vessel is required to terminate fishing 
operations for that trip. The requirement for shark drift gillnet 
fishermen to check their nets every 0.5 to 2 hours could increase the 
cost per trip slightly based on the amount of fuel consumed. However, 
NOAA Fisheries does not expect these impacts to be significant.
    Of the alternatives that are not selected for the shark gillnet 
fishery, taking no action will not impose an economic impact. However, 
prohibiting drift gillnet gear in the shark fishery and requiring 
vessels to fish in a strikenet fashion using spotter planes could 
impose a significant negative effect upon the vessels in the shark 
gillnet fishery.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The final rule is consistent with the ESA. The June 14, 2001, BiOp 
found that the fishery was likely to jeopardize loggerhead and 
leatherback sea turtles. The final rule implements the RPA, with the 
exception of one part, and the other required measures in the BiOp. 
NOAA Fisheries is not making final the part of the rule that 
implemented the component of the RPA specifying gangion placement. This 
requirement appeared to result in an unchanged number of interactions 
with loggerheads and an apparent increase in interactions with 
leatherbacks. Preliminary logbook data, which is inconclusive in the 
absence of analysis in conjunction with observer data, indicate that 
the level of incidental take of loggerheads is below that anticipated 
in the incidental take statement of the BiOp. Preliminary logbook data, 
collected during the time that the gangion placement requirement was in 
effect, indicate that the level of take of leatherbacks may or may not 
be exceeded. Accordingly, although NOAA Fisheries will reevaluate this 
conclusion upon completion of the analysis of incidental take based on 
both logbook and observer data, at this time NOAA Fisheries determines 
that the fishery with this final rule is not likely to jeopardize sea 
turtles. NOAA Fisheries' Office of Protected Resources concurred with 
this determination on July 1, 2002. In this final rule, NOAA Fisheries 
is also finalizing measures that would decrease the impacts of other 
HMS fisheries on sea turtle and whale populations.
    NOAA Fisheries has determined that these regulations will be 
implemented in a manner consistent to the maximum extent practicable 
with the enforceable policies of those coastal states in the Atlantic, 
Gulf of Mexico, and Caribbean that have approved coastal zone 
management programs. Eleven of the 12 states that replied to the letter 
regarding compliance of the proposed rule with the Coastal Zone 
Management Act found NOAA Fisheries' proposed actions to be consistent 
with their coastal zone management programs. The State of Georgia 
objects to the consistency determination due to the continuing 
operation of the shark gillnet fishery in Federal waters impacting 
resources shared by adjacent state waters. NOAA Fisheries shares the 
State of Georgia's concern regarding the impact of the shark gillnet 
fishery on sea turtles, marine mammals, and sport fish. However, data 
currently available do not indicate high bycatch and bycatch mortality 
of protected species and other finfish in this fishery. Because the 
incidental capture of endangered species in the shark gillnet fishery 
is regulated under the ESA and the BiOp did not conclude that 
continuation of the shark gillnet fishery would jeopardize any 
endangered or threatened resources, NOAA Fisheries is

[[Page 45400]]

not prohibiting the use of this gear at this time. This finding is 
consistent with national standard 2 which requires that management 
measures be based on the best scientific information available and with 
the conclusions of the BiOp. Thus, NOAA Fisheries finds that the final 
regulations promulgated in this rulemaking are consistent with 
Georgia's Coastal Zone Management Program to the maximum extent 
practicable.
    Notwithstanding any other provisions of 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 Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid Office of Management and Budget 
(OMB) control number.
    This action contains new collection-of-information requirements 
subject to the PRA and which have been approved under OMB control 
number 0648-0452. The requirements for pelagic longline vessel 
operators to report a sea turtle mortality within 48 hours of returning 
to port and for shark gillnet operators to report interactions with 
listed whale species are estimated to take 5 minutes per response. This 
estimate includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding this burden estimate, or any other aspect of this data 
collection, including suggestions for reducing the burden, to NOAA 
Fisheries (see ADDRESSES) and to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC. 
20503 (Attention: NOAA Desk Officer).
    Under 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA Fisheries, finds good cause to waive the 30-day delay 
in effectiveness for certain turtle mitigation measures for the 
Atlantic longline fishery. A waiver of the delay in effectiveness for 
the final rule is needed for the requirements concerning the NED area 
closure, gangion length, and posting the sea turtle handling and 
release guidelines to ensure the uninterrupted protection of sea 
turtles in the fishery following the expiration of an emergency rule 
extension (66 FR 64378) on July 8, 2002. The emergency rule and its 
extension imposed requirements, including a gangion placement measure, 
that were part of the RPA and other required measures in the BiOp. In 
late November 2001, NMFS completed an experiment in the NED area that 
tested gangion placement and other bycatch reduction measures 
identified in the BiOp. Data from this experiment were required for 
this rulemaking, but were not available in final format until mid-
April, 2002. As a result of this data, this final rule relieves vessels 
from the gangion placement measure imposed under the emergency rule. 
Given the availability of the 2001 experimental fishery data, the need 
for public comment periods on the proposed and final rules and draft 
and final environmental impact statements, and the July 8, 2002, 
expiration date of the emergency rule extension, good cause exists for 
a waiver of the 30-day delay in effectiveness for the above-referenced 
requirements. All sea turtle and marine mammal mitigation measures in 
this final rule not previously implemented by the emergency rule 
extension will take effect 30 days or more from the publication of this 
rule.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: July 2, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is amended 
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In Sec. 635.2, new definitions for ``Bottom longline,'' 
``Corrodible hook,'' ``Floatline,'' ``Gangion,'' ``Net check,'' and 
``Northeast distant closed area'' are added alphabetically to read as 
follows:


Sec. 635.2  Definitions.

* * * * *
    Bottom longline means a longline that is deployed with enough 
weights and/or anchors to maintain contact with the ocean bottom.
* * * * *
    Corrodible Hook means a fishing hook composed of any material other 
than stainless steel.
* * * * *
    Floatline means a line attached to a buoyant object that is used to 
support the mainline of a longline at a specific target depth.
    Gangion means a line that serves to attach a hook, suspended at a 
specific target depth, to the mainline of a longline.
* * * * *
    Net check refers to a visual inspection of a shark gillnet where 
the vessel operator transits the length of the gear and inspects it 
either with a spotlight or by pulling up the gear.
* * * * *
    Northeast Distant closed area means the Atlantic Ocean area bounded 
by straight lines connecting the following coordinates in the order 
stated: 35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. lat., 
60 deg.00' W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.; 
35 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 60 deg.00' 
W. long.
* * * * *

    3. In Sec. 635.5, paragraphs (a)(4) and (5) are added to read as 
follows:


Sec. 635.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (4) Pelagic longline sea turtle reporting. The operators of vessels 
that have pelagic longline gear on board and that have been issued, or 
are required to have, a limited access swordfish, shark, and tuna 
longline category permit for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico are required to report any sea 
turtles that are dead when they are captured or that die during capture 
to the NOAA Fisheries Southeast Fisheries Science Center Observer 
Program, at a number designated by NOAA Fisheries, within 48 hours of 
returning to port, in addition to submitting all other reporting forms 
required by this part and 50 CFR parts 223 and 224.
    (5) Shark gillnet whale reporting. The vessel operators of vessels 
that are shark gillnetting, as defined by 50 CFR 229.2, and that have 
been issued, or are required to have, shark directed or incidental 
limited access permits for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico are required to contact the NOAA 
Fisheries Southeast Regional Office, at a number designated by NOAA 
Fisheries, if a listed whale is taken, in addition to submitting all 
other reporting forms required by this part and 50 CFR part 229.
* * * * *

    4. In Sec. 635.21, paragraphs (a)(3), (c)(5)(iii), (d)(3)(v), and 
(d)(3)(vi) are added and paragraphs (c)(2) and (d)(3)(iv) are revised 
to read as follows:


Sec. 635.21  Gear operation and deployment restrictions.

    (a) * * *

[[Page 45401]]

    (3) Operators of all vessels that have pelagic or bottom longline 
gear on board and that have been issued, or are required to have, a 
limited access swordfish, shark, or tuna longline category permit for 
use in the Atlantic Ocean including the Caribbean Sea and the Gulf of 
Mexico must post inside the wheelhouse the sea turtle handling and 
release guidelines provided by NOAA Fisheries.
* * * * *
    (c) * * *
    (2) If pelagic longline gear is on board a vessel issued a permit 
under this part, persons aboard that vessel may not fish or deploy any 
type of fishing gear in:
    (i) The Northeastern United States closed area from June 1 through 
June 30 each calender year;
    (ii) In the Charleston Bump closed area from March 1 through April 
30, 2001, and from February 1 through April 30 each calender year 
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning 
at 12:01 a.m. on March 1, 2001;
    (iv) In the DeSoto Canyon closed area at any time beginning at 
12:01 a.m. on November 1, 2000;
    (v) In the Northeast Distant closed area at any time beginning at 
12:01 a.m. on July 9, 2002.
* * * * *
    (5) * * *
    (iii) Gear modifications. The following measures are required of 
vessel operators to reduce the incidental capture and mortality of sea 
turtles:
    (A) Gangion length. The length of any gangion on vessels that have 
pelagic longline gear on board and that have been issued, or are 
required to have, a limited access swordfish, shark, or tuna longline 
category permit for use in the Atlantic Ocean including the Caribbean 
Sea and the Gulf of Mexico must be at least 10 percent longer than any 
floatline length if the total length of any gangion plus the total 
length of any floatline is less than 100 meters.
    (B) Corrodible hooks. Vessels that have pelagic longline gear on 
board and that have been issued, or are required to have, a limited 
access swordfish, shark, or tuna longline category permit for use in 
the Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico 
must only have corrodible hooks on board.
* * * * *
    (d) * * *
    (3) * * *
    (iv) While fishing for Atlantic sharks with a gillnet, the gillnet 
must remain attached to the vessel at one end, except during net 
checks.
    (v) Both the observer and vessel operator are responsible for 
sighting whales. If a listed whale is taken, the vessel operator must 
cease fishing operations immediately and contact NOAA Fisheries as 
required in Sec. 635.5(a)(5).
    (vi) Vessel operators are required to conduct net checks every 0.5 
to 2 hours to look for and remove any sea turtles or marine mammals.
* * * * *

    5. In Sec. 635.71, paragraphs (a)(36) and (37) are added to read as 
follows:


Sec. 635.71  Prohibitions.

    (a) * * *
    (36) Fish with bottom or pelagic longline and shark gillnet gear 
for HMS without adhering to the gear operation and deployment 
restrictions required in 50 CFR 635.21.
    (37) Fail to report to NOAA Fisheries, at the number designated by 
NOAA Fisheries, the incidental capture of listed whales with shark 
gillnet gear and sea turtle mortalities associated with pelagic 
longline gear as required by 50 CFR 635.5.
* * * * *
[FR Doc. 02-17104 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-22-S