[Federal Register Volume 68, Number 229 (Friday, November 28, 2003)]
[Proposed Rules]
[Pages 66783-66784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29827]



[[Page 66783]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 112403A]


Atlantic Highly Migratory Species; Supplemental Environmental 
Impact Statement (SEIS) for Sea Turtle Bycatch Mitigation in the 
Atlantic Pelagic Longline Fishery

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

ACTION:  Notice of intent (NOI) to prepare an SEIS; request for 
comments.

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SUMMARY: NMFS announces its intent to prepare an SEIS under the 
National Environmental Policy Act to assess the potential effects on 
the human environment of proposed alternatives and actions under a 
proposed rule to reduce sea turtle bycatch in the Atlantic pelagic 
longline fishery. The SEIS is intended to address issues regarding 
allowable fishing gears and techniques in the pelagic longline fishery; 
possession and use of onboard equipment to minimize sea turtle bycatch 
and bycatch mortality; modification of time and area closures; and 
minimum levels of observer coverage. NMFS is requesting comments on the 
above measures.

DATES:  Comments on this action must be received no later than 5 p.m., 
local time, on December 29, 2003.

ADDRESSES:  Written comments on this action should be mailed to 
Christopher Rogers, Chief, Highly Migratory Species Management 
Division, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910; or faxed to (301) 713-1917. Comments will not 
be accepted if submitted via email or Internet.

FOR FURTHER INFORMATION CONTACT:  Russell Dunn, Rick Pearson, or Greg 
Fairclough at (727) 570-5447.

SUPPLEMENTARY INFORMATION: The Atlantic pelagic longline fishery for 
Atlantic HMS primarily targets swordfish, yellowfin tuna, and bigeye 
tuna in various areas and seasons. The Atlantic tuna, swordfish, and 
billfish fisheries are managed under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and the Atlantic Tunas Convention Act. The Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) is implemented by 
regulations at 50 CFR part 635.

Background

    On June 14, 2001, NMFS released a Biological Opinion (BiOp) that 
found that the continued operation of the Atlantic pelagic longline 
fishery is likely to jeopardize the existence of Atlantic leatherback 
and loggerhead sea turtles. To avoid jeopardy, the Reasonable and 
Prudent Alternative (RPA) in the BiOp included a closure of the 
Northeast Distant (NED) Statistical Area of the Atlantic Ocean and a 
research program to develop or modify fishing gear and techniques to 
reduce sea turtle interactions and the mortality associated with such 
interactions.
    As a result of this RPA, NMFS closed the NED (67 FR 45393, July 9, 
2002) and undertook a 3-year (2000-2003) experiment in the NED intended 
to identify fishing gear and technique modifications that may reduce 
sea turtle interactions. The experiment examined various hook and bait 
combinations (treatments). Preliminary data suggest the treatments 
examined may reduce sea turtle interactions by between 50 and 92 
percent, depending on species and treatment, and appear to have widely 
varying impacts, both positive and negative, on target species. Among 
the hook and bait combinations tested were: 18/0 offset circle hooks 
using squid as bait, 18/0 offset circle hooks using mackerel as bait, 
18/0 non-offset circle hooks using squid as bait, and 9/0 J-hooks using 
mackeral as bait. NMFS is currently evaluating data from the final year 
of the experiment and will analyze that data as appropriate.
    Based on preliminary data and a review of the current status of the 
species, NMFS is considering implementing various management measures 
to reduce sea turtle takes in the Atlantic pelagic longline fishery, 
including, but not limited to: modification of fishing gears and 
techniques in the pelagic longline fishery; possession and use of on-
board equipment to minimize sea turtle bycatch and bycatch mortality; 
modification of time and area closures; and increased minimum levels of 
observer coverage.

Hook and Bait Combinations

    Vessels participating in the pelagic longline fishery are currently 
required to use non-stainless steel corrodible hooks during fishing 
operations. Vessels participating in this fishery in the Gulf of Mexico 
are also prohibited from using live bait in the western Gulf of Mexico. 
NMFS may examine the mandatory use of various hook and bait 
combinations, as evaluated in the NED experiment, as a potential means 
of reducing sea turtle bycatch.

Area Closures

    There are currently five distinct area closures intended to reduce 
bycatch in the Atlantic pelagic longline fishery, only one of which, 
the Northeast Distant Statistical area, was specifically intended to 
address sea turtle bycach. Current area closures include: the Northeast 
Distant Statistical Area, closed year-round; the Northeastern United 
States, closed during the month of June; the Charleston Bump, closed 
February through April; the East Florida Coast, closed year-round; and, 
the DeSoto Canyon, closed year-round. NMFS may examine additional and 
or modifications to existing area closures as a potential means of 
reducing sea turtle bycatch.

Onboard Bycatch Mitigation

    NMFS currently requires pelagic longline vessels to possess and use 
a variety of equipment to mitigate sea turtle bycatch and bycatch 
mortality. These include: turtle handling procedures that must be 
posted in the wheel house; line cutters; and dipnets. NMFS may consider 
additional gear possession and use requirements, such as dehooking 
equipment, or moving one nautical mile after an interaction, as a 
potential means of reducing sea turtle bycatch.

Observer Coverage

    The June 14, 2001, BiOp and Recommendations from the International 
Commission for the Conservation of Atlantic Tunas both require a 
minimum of five-percent observer coverage in the Atlantic pelagic 
longline fishery. NMFS may examine the possibility of increasing 
minimum observer coverage levels in this fishery to improve the quality 
and quantity of data on bycatch of turtles and other species.

Pelagic Longline Definition

    In addition, NMFS is considering possible clarifications of either 
the pelagic or bottom longline definition.

Request for Comments

    NMFS requests comments on management options for this action. 
Specifically, NMFS requests comments on the following issues and 
possible options to reduce sea turtle bycatch and bycatch mortality: 
modification of fishing gears and techniques in the pelagic longline 
fishery, area closures, onboard bycatch mitigation, and minimum 
observer coverage levels.

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    NMFS will proceed with preparation of a draft SEIS and proposed 
rule, incorporating comments received during the comment period 
associated with this NOI as appropriate. The draft EIS and proposed 
rule will include additional opportunities for public comment. NMFS 
anticipates completing this amendment and any related documents by June 
1, 2004.

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

    Dated: November 25, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-29827 Filed 11-26-03; 8:45 am]
BILLING CODE 3510-22-S