[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Proposed Rules]
[Pages 32929-32932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13972]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 100218104-1291-01]
RIN 0648-AY27


Western Pacific Pelagic Fisheries; American Samoa Longline Gear 
Modifications To Reduce Turtle Interactions

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would require specific gear configuration 
for pelagic longline fishing for vessels based in American Samoa, as 
well as other U.S. longline vessels longer than 40 ft (12.2 m), while 
fishing south of the Equator in the Pacific Ocean. The requirements 
include minimum float line and branch line lengths, number of hooks 
between floats, and distances between floats and adjacent hooks. The 
rule would also limit the number of swordfish taken. The proposed 
action is intended to ensure that longline hooks are set at depths of 
100 meters (m) or deeper to reduce interactions between longline 
fishing and Pacific green sea turtles.

DATES: Comments on the proposed rule must be received by July 22, 2011.

ADDRESSES: Comments on this proposed rule, identified by 0648-AY27, may 
be sent to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov; or
     Mail: Michael D. Tosatto, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd., Suite 1110, 
Honolulu, HI 96814-4700.
    Instructions: Comments must be submitted to one of the above two 
addresses to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent to any other address or individual, 
or received after the end of the comment period, may not be considered. 
All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.) submitted 
voluntarily by the commenter may be publicly accessible. Do not submit 
confidential business information, or otherwise sensitive or protected 
information. NMFS will accept anonymous comments (enter ``N/A'' in the 
required name and organization fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel, WordPerfect, or Adobe PDF file formats only.
    The Western Pacific Fishery Management Council (Council) prepared 
Amendment 5 to the Fishery Ecosystem Plan for Pelagic Fisheries of the 
Western Pacific Region (Pelagics FEP), including an environmental 
assessment, that presents background information on this proposed rule. 
The Pelagics FEP and Amendment 5 are available from the Council, 1164 
Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-
522-8226, http://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Adam Bailey, Sustainable Fisheries 
Division, NMFS PIR, 808-944-2248.

SUPPLEMENTARY INFORMATION: Longline fishing employs a mainline that is 
suspended below the surface by floats and float lines that are attached 
along

[[Page 32930]]

the mainline with clips. Branch lines, each with a single baited hook, 
are attached to the mainline. Longline deployment is typically referred 
to as ``setting,'' and the gear, once it is deployed, is typically 
referred to as a ``set.'' Once set, longline gear is left to fish for 
several hours, and brought back on board along with any catch.
    The limited access program for the American Samoa pelagic longline 
fishery consists of four permit classes based on vessel length. The 
pelagic longline fishery targets albacore for canning in Pago Pago, 
American Samoa. The larger longline vessels (over 40 ft (12.2 m) that 
include Classes B, C, and D) set about 40 nm (75 km) of mainline with 
an average of about 3,000 hooks per day. This fishery has historically 
fished at depths from 50 to 300 m, or deeper. In 2009, 26 vessels based 
in American Samoa made 4,689 sets, and landed 8.6 million lb of 
albacore, and smaller amounts of skipjack, yellowfin, and bigeye tunas. 
Preliminary 2010 data show the number of sets and albacore landings 
were similar to 2009. The fishery also takes wahoo, oilfish, blue 
marlin, blue sharks, and other pelagic fish.
    The smaller Class A (40 ft (12.2 m) and shorter) longline vessels, 
or alias, use manually-powered mainline drums that hold about four 
miles of monofilament line, and set around 300-350 hooks per set. These 
smaller vessels generally do not travel long distances from shore or 
carry large quantities of fish and, ordinarily conduct one- or two-day 
trips less than 50 nm (93 km) from shore. From 2008 to 2010, only one 
alia was actively longline fishing.
    The American Samoa longline fishery is managed under a host of 
requirements, including a limited access program with a maximum of 60 
vessels in all size classes, even though fewer than 30 have been active 
in recent years. Other requirements include Federal permits and 
logbooks and (for certain vessel size classes) observers and a 
satellite vessel monitoring system. Longline vessels and gear must be 
marked with their identification markings. Large longliners (50 ft and 
longer) may not fish within designated prohibited areas around the 
islands of American Samoa. Each year, owners and operators of American 
Samoa longline vessels must attend and be certified in a protected 
species workshop on identification, mitigation, handling, and release 
techniques for sea turtles, seabirds, and marine mammals. Fishermen 
must use specific equipment and techniques for handling and releasing 
any sea turtles that are hooked or entangled.
    While many of the requirements noted above were established to 
reduce the number and severity of interactions with protected species, 
the American Samoa-based longline fishery has continued to interact 
with (hooked or entangled) Pacific green sea turtles (Chelonia mydas), 
which are listed as threatened under the Endangered Species Act (ESA). 
Most of the interactions are believed to have occurred in the 
shallowest 100 m of the water column, and most injuries to the sea 
turtles have been fatal. The NMFS observer program reported 13 green 
sea turtle interactions for the American Samoa longline fishery from 
June 2006 to July 2010. (Additional interactions have been observed 
since July 2010, but the details of these more recent interactions, 
such as hook depth, have not been analyzed, so they are not included 
here.) Nine of the turtles were hooked by the shallowest hooks (first 
three hooks from the float). Green sea turtles are known to mainly 
inhabit waters within 100 m of the ocean's surface, and it is expected 
that forcing hooks to fish at 100 m or deeper would result in fewer 
green sea turtle interactions.
    In Amendment 5, dated May 12, 2011, the Council recommended that 
NMFS require American Samoa longline fishermen to use a suite of gear 
configurations designed to ensure that longline hooks are set to fish 
at least 100 m deep, away from the primary turtle habitat to reduce 
interactions. This proposed rule would implement the Council's 
recommendations. The proposed gear configuration requirements would 
apply to Class B, C, and D vessels (that is, vessels over 40 ft (12.2 
m) in length). These vessels would be required to deploy float lines at 
least 30 m long, keep a minimum distance of 70 m between any float line 
and the closest branch line in either direction along the mainline, and 
attach at least 15 branch lines between any two float lines. These 
vessels would also be prohibited from possessing or landing more than 
ten (10) swordfish per trip. Because swordfish are typically caught in 
waters shallower than 100 m, limiting the number of swordfish that 
fishermen may retain is expected to ensure that gear is set to the 
required depth of 100 m or deeper, rather than shallower to target 
swordfish.
    This proposed rule would also establish a gear configuration 
requirement that was not recommended in Amendment 5, rather in a 
September 16, 2010, Biological Opinion resulting from ESA section 7 
consultation on the proposed action. The Biological Opinion requires 
each branch line (connected to the mainline and terminating in a single 
baited hook) to be at least 10 meters long to help ensure that hooks 
are set 100 m or deeper from the surface. Accordingly, this proposed 
rule would implement the Biological Opinion's additional requirement.
    Class A vessels (40 ft (12.2 m) and shorter) are not included in 
this proposed action. There are few current data to suggest that 
longline fishing from these smaller vessels results in interactions 
with sea turtles. NMFS will continue to monitor fishing activities by 
these small vessels, and, in coordination with the Council, will 
consider appropriate conservation and management measures should 
evidence of sea turtle interactions be developed.
    The gear configuration requirement would apply to U.S. longline 
vessels in the Pacific Ocean only south of the Equator (0[deg] lat.) 
because different sets of requirements are in place to protect sea 
turtles in the Hawaii-based longline fisheries, which has operated 
primarily north of the Equator. Each of the three large-scale U.S. 
western Pacific longline fisheries (Hawaii deep-set, Hawaii shallow-
set, and American Samoa) are monitored under separate sea turtle 
incidental take statements, and they each operate under different sets 
of regulations. To ensure efficient administration, uniform 
enforcement, and ease of understanding, NMFS would require the proposed 
gear configurations for all U.S. longline fishing south of the Equator 
in the Pacific Ocean. This proposed rule would also make administrative 
clarifications to the names of several tuna and marlin species caught 
in western Pacific pelagic fisheries. The English and scientific names 
of the bluefin tuna are revised from ``Northern bluefin tuna, Thunnus 
thynnus'' to ``Pacific bluefin tuna, Thunnus orientalis.'' The English 
and scientific names of the blue marlin are revised from ``Indo-Pacific 
blue marlin, Makaira mazara'' to ``Pacific blue marlin, Makaira 
nigricans.'' The scientific names of black marlin and striped marlin 
are revised to Istiompax indica, and Kajikia audax, respectively.
    Public comments on this proposed rule must be received by close of 
business on July 22, 2011, not postmarked, or otherwise transmitted by 
that date to be considered. Late comments will not be accepted.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Pelagics FEP, Amendment 5,

[[Page 32931]]

other provisions of the Magnuson-Stevens Act, and other applicable 
laws, subject to further consideration after public comment.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The analysis follows:

    The proposed rule would require longline fishermen to configure 
their gear to ensure that longline hooks are set to fish at least 
100 meters (m) deep, away from the primary turtle habitat. The 
proposed measures would require fishermen on vessels longer than 40 
ft to use float lines that are at least 30 m long, and maintain at 
least 70 m of mainline without hooks between float lines and 
adjacent branch lines. Fishermen on these larger vessels would be 
required to deploy at least 15 branch lines with hooks between 
floats. The possession or landing of more than 10 swordfish, which 
tend to inhabit near-surface waters, would also be prohibited to 
help ensure that shallow longline fishing does not occur.
    This proposed rule would also establish an additional gear 
configuration requirement that was not recommended in Amendment 5, 
rather in a September 16, 2010, Biological Opinion resulting from 
ESA section 7 consultation on the proposed action. NMFS issued the 
additional requirement as a condition to implement the reasonable 
and prudent measures of the incidental take statement of that 
biological opinion. Each branch line (connected to the mainline and 
terminating in a single baited hook) would have to be at least 10 
meters long to help ensure that hooks are set 100 m or deeper from 
the surface.
    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities, either through a 
significant loss in landings or in expenses incurred. The proposed 
rule would affect vessels operating in the American Samoa longline 
fishery that are greater than 40 ft in length. Based on 2009 data, 
this would suggest that the affected vessels would be as follows: 
Class B (40.1-50 ft): 0 vessels permitted or active; Class C (50.1-
70 ft): 5 active, 12 permitted; and Class D (>70 ft): 20 active, 26 
permitted. All vessels having the potential to participate in this 
fishery are considered to be small entities under the current Small 
Business Administration definition of small fish-harvesting 
businesses, that is, their gross receipts do not exceed $4.0 
million.
    The proposed gear requirement of at least 70 m of mainline that 
is free of hooks could be achieved, in part, by removal of the first 
and last two hooks between each float. The simple removal of these 
hooks has the potential to reduce albacore catch by 5.1 percent, but 
fishermen could offset, or mitigate, this potential loss in several 
ways. They could lengthen the mainline between floats and 
redistribute the displaced hooks (branch lines), and/or add more 
mainline with additional hooks. Research has shown that fishermen 
who are able to adopt these mitigative activities are likely to 
increase overall landings of albacore relative to status quo due to 
the prevalence of albacore, especially larger individuals, at depths 
of 150-250 m. Fishermen could also increase the number of sets on a 
single trip or on several trips throughout the year to make up for 
any loss in catch.
    Observer data indicate that longline fishermen operating in 
American Samoa typically use more than 15 branch lines between each 
float and, generally, do not possess more than a few swordfish on 
board at any time, so the requirements on the number of branch lines 
between floats and limits on the number of swordfish on board do not 
appear to be potential binding constraints. Recent observer data 
indicate that some fishermen are already meeting the 30 m minimum 
float line requirement, and that the average length of float line is 
about 26 m, with a range of 18-36 m. Fishermen who need to increase 
the length of float lines would spend about $0.40 per additional 
meter of float line, plus minimal labor costs.
    In addition to longline vessels based in American Samoa, the 
proposed rule would also apply south of the Equator to other U.S. 
longline fishing in the western Pacific, including vessels operating 
under Hawaii limited access and Western Pacific general permits. 
Hawaii deep-set longline fishing vessels have fished south of the 
Equator in the past; however, since 2005, there have been two or 
fewer vessels fishing per year, comprising 0.05 percent or less of 
annual fishing effort by the Hawaii deep-set longline fleet. 
Consequently, the proposed rule is not likely to have a significant 
economic impact on a significant number of small entities based in 
Hawaii. Additionally, there is no reliable information about 
longline vessels based in U.S. western Pacific ports north of the 
Equator and operating under Western Pacific general longline permits 
having ever fished south of the Equator; thus, the proposed rule is 
not likely to have a significant economic impact on a significant 
number of those small entities.
    The proposed rule does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have significant impact 
on small entities (as discussed above), organizations, or government 
jurisdictions. There does not appear to be disproportionate economic 
impacts from this rule based on home port, gear type, or relative 
vessel size.

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    NMFS concluded a formal section 7 consultation under the Endangered 
Species Act for Amendment 5. In a biological opinion dated September 
16, 2010, NMFS determined that fishing activities conducted under 
Amendment 5, its implementing regulations, and the terms and conditions 
of the biological opinion are not likely to jeopardize the continued 
existence or recovery of any endangered or threatened species under the 
jurisdiction of NMFS or result in the destruction or adverse 
modification of critical habitat.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Sea turtles.

    Dated: June 1, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR chapter VI is 
proposed to be amended as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

    1. The authority citation for part 665 continues to read as 
follows:

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

    2. In Sec.  665.800:
    A. Add the definitions of ``Branch line'' and ``Float line'' in 
alphabetical order, and
    B. In the definition of ``Western Pacific pelagic management unit 
species'' remove the entries for ``northern bluefin tuna'' and ``Indo-
Pacific blue marlin,'' revise the scientific names for ``black marlin'' 
and ``striped marlin,'' and add new entries for ``Pacific bluefin 
tuna'' and ``Pacific blue marlin,'' to read as follows:


Sec.  665.800  Definitions.

* * * * *
    Branch line (or dropper line) means a line with a hook that is 
attached to the mainline.
* * * * *
    Float line means a line attached to a mainline used to buoy, or 
suspend, the mainline in the water column.
* * * * *
    Western Pacific pelagic management unit species means the following 
species:

------------------------------------------------------------------------
            English common name                    Scientific name
------------------------------------------------------------------------
Tunas:
 
                                * * * * *
  Pacific bluefin tuna....................  Thunnus orientalis
 
                                * * * * *
Billfishes:
 
                                * * * * *
  black marlin............................  Istiompax indica
  striped marlin..........................  Kajikia audax
 
                                * * * * *
  Pacific blue marlin.....................  Makaira nigricans

[[Page 32932]]

 
 
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    3. In Sec.  665.802, add a new paragraph (n) to read as follows:


Sec.  665.802  Prohibitions.

* * * * *
    (n) Fail to comply with a term or condition governing longline gear 
configuration in Sec.  665.813(k) if using a vessel longer than 40 ft 
(12.2 m) registered for use with any valid longline permit issued 
pursuant to Sec.  665.801 to fish for western Pacific pelagic MUS using 
longline gear south of the Equator (0[deg] lat.).
* * * * *
    4. In Sec.  665.813, add a new paragraph (k) to read as follows:


Sec.  665.813  Western Pacific longline fishing restrictions.

* * * * *
    (k) When fishing south of the Equator (0[deg] lat.) for western 
Pacific pelagic MUS, owners and operators of vessels longer than 40 ft 
(12.2 m) registered for use with any valid longline permit issued 
pursuant to Sec.  665.801 must use longline gear that is configured 
according to the requirements in paragraphs (k)(1) through (k)(5) of 
this section.
    (1) Each float line must be at least 30 m long.
    (2) At least 15 branch lines must be attached to the mainline 
between any two float lines attached to the mainline.
    (3) Each branch line must be at least 10 meters long.
    (4) No branch line may be attached to the mainline closer than 70 
meters to any float line.
    (5) No more than 10 swordfish may be possessed or landed during a 
single fishing trip.

[FR Doc. 2011-13972 Filed 6-6-11; 8:45 am]
BILLING CODE 3510-22-P