[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Proposed Rules]
[Pages 49858-49860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18474]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 040726216-4216-01; I.D. 070804B]
RIN 0648-AS49


Atlantic Highly Migratory Species; Reducing Sea Turtle 
Interactions With Fishing Gear

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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

SUMMARY: NMFS is considering adjustments to the regulations governing 
the Atlantic highly migratory species (HMS) pelagic longline fishery 
based upon a June 1, 2004, Biological Opinion (2004 BiOp) regarding 
Atlantic sea turtles. NMFS issues this ANPR to request comments on 
potential regulatory changes to further reduce bycatch and bycatch 
mortality of sea turtles in the Atlantic pelagic longline fishery as 
well comments on as the feasibility of framework mechanisms to address 
unanticipated increases in sea turtle interactions and mortalities, 
should they occur.

DATES: Written comments on this ANPR must be received no later than 
October 12, 2004.

ADDRESSES: You may submit comments by any of the following methods:
    [bul] Email: [email protected]. Include in the subject line the 
following identifier: I.D. 070804B.
    [bul] Federal e-Rulemaking Portal: http://www.regulations.gov.
    [bul] Mail: Christopher Rogers, Chief, Highly Migratory Species 
Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    [bul] Fax: (301)713-1917.
    Related documents, including the 2004 BiOp, are available upon 
request at the mailing address noted above or on the HMS Management 
Division's web page at: http://www.nmfs.noaa.gov/sfa/hms. In addition, 
the main resource laws that guide NMFS can be found at 
www.nmfs.noaa.gov/legislation.htm.

FOR FURTHER INFORMATION CONTACT: Russell Dunn, 727-570-5447; fax: 727-
570-5656.

SUPPLEMENTARY INFORMATION: The Atlantic tuna and swordfish fisheries 
are managed under the authority of the Magnuson-Stevens Fishery

[[Page 49859]]

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)and Amendment 1 to the 
Atlantic Billfish Fishery Management Plan are implemented by 
regulations at 50 CFR part 635. The Atlantic pelagic longline (PLL) 
fishery for these HMS is also subject to the requirements of the 
Endangered Species Act (ESA) and the Marine Mammal Protection Act 
(MMPA).

Background

    NMFS announced the availability of a Final Supplementary 
Environmental Impact Statement (FSEIS) concerning the reduction of sea 
turtle bycatch and bycatch mortality in the Atlantic PLL fishery on 
June 25, 2004 (69 FR 35599), and subsequently published a final rule on 
July 6, 2004 (69 FR 40734)to implement management measures to reduce 
bycatch and bycatch mortality of Atlantic sea turtles in the Atlantic 
PLL fishery. That rulemaking was based on the results of the 3-year 
Northeast Distant (NED) Closed Area research experiment involving 
interactions of PLL fishing gear and Atlantic sea turtles, other 
available studies and information on circle hook and bait treatments, 
and public comments.
    A 2004 BiOp issued for the Atlantic PLL fishery found that the 
measures that subsequently were included in the final rule were not 
likely to jeopardize the continued existence of loggerhead, green, 
hawksbill, Kemp's ridley, or olive ridley sea turtles, but were likely 
to jeopardize the continued existence of leatherback sea turtles. The 
2004 BiOp also identified a Reasonable and Prudent Alternative 
necessary to avoid jeopardy, and contained an Incidental Take Statement 
(ITS) for the PLL that specifies the maximum authorized number of 
interactions with sea turtles. Among other actions, the 2004 BiOp 
specifies that NMFS review quarterly and annually sea turtle take 
estimates, and, should these estimates indicate that the PLL fishery is 
not likely to stay within the authorized 3-year take levels specified 
in the 2004 BiOp, NMFS shall take corrective action to avoid long-term 
elevations in sea turtle interactions and ensure that the ITS is not 
exceeded. Additionally, NMFS must monitor sea turtle post-hooking 
mitigation and release, and take corrective action to reduce 
mortalities if fleet-wide gear removal rates are not sufficient to meet 
mortality performance targets contained in the 2004 BiOp. In this 
notice, NMFS announces its intent to undertake additional rulemaking 
and non-regulatory actions, as necessary, to implement requirements of 
the 2004 BiOP to ensure that the mortality targets and ITS are not met 
nor exceeded.
    The PLL fishery is currently operating under the ITS level 
specified in the 2004 BiOp; thus, no corrective actions are needed at 
this time. However, the 2004 BiOp advises consideration of a framework 
mechanism to facilitate more timely implementation of corrective 
actions and to provide greater certainty on potential management 
responses. Thus, in this ANPR, NMFS is exploring a potential mechanism 
and/or individual corrective actions that might be necessary if any 
exceedance occurs.

Potential Management Measures

    If sea turtle interactions and/or mortality exceed anticipated 
levels, the 2004 BiOp specifies that corrective measures should be 
taken. As described below, such actions could include time/area 
closures, additional gear modifications or gear restrictions, 
improvements in gear removal tool design, training program adjustments, 
or any other action that is deemed appropriate. The goal of any of 
these management measures would be to ensure that total sea turtle 
takes do not exceed long-term average take rates over 3-year periods. 
These measures may be considered individually or as an overarching 
framework that would give NMFS the ability to adjust the management 
measures, as appropriate, in order to reduce sea turtle bycatch and 
bycatch mortality, per the 2004 BiOp.
    If the ITS is expected to be exceeded, potential time/area closures 
could include modifications to existing closures or the addition of 
partial, rolling or permanent closures. NMFS may also consider 
establishing Dynamic Area Management protocols similar to those 
established under the Atlantic Large Whale Take Reduction Plan. Any of 
these types of closures could act to remove effort from areas where and 
when a large number of sea turtle interactions are likely to occur in 
order to reduce the number of sea turtle interactions.
    Additional potential management measures to prevent exceeding the 
mortality targets or ITS could include limits on fishing effort 
including limiting the number of sets fishery-wide, the number of sets 
per trip, the number of hooks per set, or the number of trips per year 
or quarter. In addition, NMFS may consider options to close the fishery 
for the month, quarter, fishing season, or year if a certain number of 
sea turtles are taken per set, trip, or quarter based on observed, 
estimated, or reported takes. NMFS may also consider additional 
modifications to existing hook and bait configurations or the turtle 
release gear, as more information is collected and analyzed. These 
types of management measures could reduce fishing effort and/or improve 
post-release survival in order to ensure that the ITS specified in the 
2004 BiOp is not exceeded.

Request for Comments

    NMFS requests comments on possible changes to the current 
regulations regarding fishing for Atlantic HMS with pelagic longline 
gear. Specifically, NMFS requests comments on individual or framework 
actions, including those described above, to ensure that mortality 
targets and the ITS specified in the BiOp are not met nor exceeded. In 
addition, NMFS also requests comments on any other possible regulatory 
changes that might further minimize sea turtle bycatch or bycatch 
mortality.
    Written comments received by the due date will be considered in 
drafting any proposed changes to the Atlantic HMS regulations. In 
developing any proposed regulations, NMFS will need to consider and 
analyze the ecological impacts of any actions under consideration with 
regards to target species and protected species, such as sea turtles, 
and other possible environmental effects. NMFS will also need to 
analyze the social and economic impacts of any changes to the fishery 
and related industries. To that end, NMFS would appreciate any comments 
that include information that would aid in those analyses. For example, 
comments could address how different types of regulatory measures may 
affect sea turtles or the PLL fishery. From the resource perspective, 
comments could address regulatory measures that would further protect 
sea turtles. Comments could also address how the PLL fishery may be 
impacted, both strategically and economically, by any changes that 
would further protect sea turtles, and suggest measures that would 
protect sea turtles but yet be compatible with the PLL fishery, or 
suggest measures that would minimize any unavoidable negative impacts 
on the fishery. Relevant data or other information could be included in 
support of these comments.

Classification

    This action is significant pursuant to Executive Order 12866.

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

[[Page 49860]]


    Dated: August 9, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-18474 Filed 8-11-04; 8:45 am]
BILLING CODE 3510-22-S