[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Proposed Rules]
[Pages 34331-34333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14145]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120330236-2002-01]
RIN 0648-BB48


Western Pacific Pelagic Fisheries; Revised Swordfish Trip Limits 
in the Hawaii Deep-Set Longline Fishery

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 revise the limits on the number of 
swordfish that fishermen may possess or land during any given Hawaii-
based deep-set longline-fishing trip north of the Equator. This 
proposed rule would also revise the definition of deep-set longline 
fishing to be consistent with the proposed swordfish retention limits. 
All other measures applicable to the deep-set fishery would remain 
unchanged. The proposed rule intends to reduce regulatory discards and 
optimize the yield of swordfish.

DATES: NMFS must receive comments on the proposed rule by July 2, 2012.

ADDRESSES: You may send comments on the proposed rule, identified by 
NOAA-NMFS-2012-0097, to either of the following addresses:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal 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: You must send any comments to one of the above two 
addresses to ensure that NMFS receives, documents, and considers the 
comments. 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 NMFS will 
generally post them to 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 a 
regulatory amendment, including an environmental assessment and 
regulatory impact review, that provides background information on this 
proposed rule. The regulatory amendment is available from 
www.regulations.gov or the Council, 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, 
www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Brett Wiedoff, Sustainable Fisheries, 
NMFS PIR, 808-944-2272.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage Hawaii-based 
longline fisheries under the Fishery Ecosystem Plan for Pelagic 
Fisheries of the Western Pacific Region (FEP). Entry into the longline 
fisheries is limited, with a maximum of 164 vessels allowed. Longline 
vessels may conduct either deep-set fishing (targeting tunas) or 
shallow-set fishing (targeting swordfish). Prior to leaving port for a 
fishing trip, a vessel must declare its intended trip type, deep-set or 
shallow-set, so that NMFS may assign an observer. Observers collect 
information about the fishery and interactions with protected species, 
such as sea turtles. In the shallow-set fishery, NMFS places an 
observer on the vessel for each trip to ensure 100 percent coverage. In 
the deep-set fishery, NMFS places observers on at least 20 percent of 
deep-set trips. Once a vessel declares that it will be in the

[[Page 34332]]

shallow-set or deep-set fishery and leaves port, it may not switch to 
the other fishery during that trip.
    This rule would revise the limits on the number of swordfish that 
fishermen may possess or land during any given Hawaii-based deep-set 
longline-fishing trip north of the Equator. Currently, a deep-set 
vessel may keep up to 10 swordfish on any given trip. The Council and 
NMFS established that limit to discourage shallow-set fishing during a 
declared deep-set fishing trip.
    In 2011, 129 vessels participated in the deep-set fishery. While 
targeting bigeye tuna, they occasionally catch swordfish. Vessels in 
the deep-set fishery made 1,306 trips, catching 2,906 swordfish, and 
keeping 2,502. For comparison, 20 vessels participated in the shallow-
set fishery, which targets swordfish, in 2011. These vessels caught 
16,405 swordfish, and kept 14,663, during 82 trips.
    In 2011, the average deep-set vessel caught two swordfish per trip. 
Occasionally, however, a vessel may catch up to 25 swordfish during a 
trip. From 2004-2010, most trips caught ten or less swordfish, with the 
average deep-set vessel landing three swordfish per trip. Only three 
percent of the deep-set fleet caught more than 10 swordfish per trip, 
and only a few trips caught more than 25 fish. In total, NMFS estimates 
that the deep-set fishery landed an average of 3,637 swordfish, and 
discarded 2,547 swordfish per year.
    Fishermen in the deep-set fishery claim that the 10-fish limit 
occasionally forces them to throw away swordfish caught in excess of 
the limit, referred to as ``regulatory discards.'' The fishermen assert 
that, because swordfish stocks are healthy and are not subject to 
overfishing or approaching an overfished condition, the regulatory 
discards amount to wasted opportunities to sell the excess swordfish. 
The lost opportunities result in lost wages to fishermen and a 
reduction of the fish supply to seafood consumers.
    In response to the fishermen's concerns, the Council recommended 
and NMFS proposes to revise the trip limits for vessels that have 
notified NMFS under Sec.  665.803(a) that the vessel will engage in 
deep-set fishing north of the Equator, as follows:
     With a NMFS observer on board, there would be no limit on 
swordfish landed or possessed on a trip regardless of the type of hook 
used. Observers would monitor and document fishing activities, and 
would assist fishermen in mitigating interactions with protected 
species.
     With no NMFS observer on board, there would be a limit of 
25 swordfish landed or possessed on a trip, if the vessel uses only 
circle hooks. The circle hooks would reduce the number and severity of 
interactions with sea turtles.
     With no NMFS observer on board and if the vessel uses any 
hooks other than circle hooks, there would be a limit of 10 swordfish 
landed or possessed on a trip.
    The proposed revisions are intended to reduce regulatory discards 
for vessels in the deep-set fishery, and optimize the yield of 
swordfish. This would support the National Standards for fishery 
management in Magnuson-Stevens Fishery Conservation and Management Act.
    The predominant hook types used in the deep-set fishery are tuna 
hooks (Japanese 3.6 sun and 3.8 sun) and small circle hooks (14/0 to 
16/0). Research has generally shown that, because circle hooks result 
in fewer instances where turtles are deeply hooked, replacing tuna 
hooks with circle hooks would reduce deep ingestion of hooks by sea 
turtles that tend to bite baited hooks. This is one reason that the use 
of large (18/0) circle hooks with mackerel type bait is required in the 
Hawaii-based shallow-set fishery, and has resulted in significant 
reductions in the number and severity of sea turtle interactions in the 
shallow-set fishery.
    Circle hooks are not required in the deep-set fishery because 
turtle interaction rates in the deep-set fishery are significantly 
lower than in the shallow-set fishery. For example, in 2011, the rate 
was 0.001 turtle per 1,000 hooks in the deep-set fishery compared to 
0.022 turtle per 1,000 hooks in the shallow-set fishery. Because the 
deep-set fishery already has low interaction rates and nearly half of 
the fleet already use circle hooks, NMFS is not proposing to require 
the use of large circle hooks at this time because it would likely not 
appreciably reduce interaction rates.
    The change in the number of swordfish retained and landed under 
this proposed rule would depend on how many vessels would use circle 
hooks and retain more than 10 swordfish. If we assume that recent 
swordfish catch rates do not change and that all deep-set vessels 
switch to using only circle hooks, then the maximum number of swordfish 
retained and landed may be sum of the average number of retained 
(3,637) and discarded (2,547) fish during the years 2004-2010, or 6,184 
swordfish per year. The proposed rule may reduce high-grading 
(discarding lower-value swordfish in favor of higher-value fish within 
the 10-fish limit) and regulatory discards (discarding swordfish after 
reaching the swordfish trip limit) because vessels would be able to 
retain fish already caught and utilize the available resource. North 
Pacific swordfish stocks are healthy and not approaching an overfished 
or overfishing condition. Thus, the potential catch of 6,184 swordfish 
per year would not likely affect the stock status of North Pacific 
swordfish.
    NMFS does not expect the proposed rule to result in large changes 
to impacts on target or non-target fish species, protected resources, 
the physical marine environment, or the conduct of the fishery (i.e., 
area fished, number of vessels engaging in deep-set fishing, the number 
of trips taken per year, number of hooks set per vessel during a trip, 
depth of hooks, or deployment techniques in setting longline gear).
    This proposed rule would also revise the definition of deep-set 
longline fishing. Deep-setting is currently defined as longline fishing 
with all float lines at least 20 meters long, a minimum of 15 branch 
lines between any two floats (except basket-style longline gear), no 
light sticks, and possessing or landing no more than 10 swordfish 
during a given trip. The proposed revised definition would remove the 
provision regarding swordfish from the definition to be consistent with 
the proposed revised swordfish retention limits.
    This proposed rule would only apply to longline fishing north of 
the Equator, because specific rules on the retention of swordfish apply 
to longline fishing south of the Equator (see 50 CFR 665.813(k)).
    This proposed rule is consistent with a final rule issued by NMFS 
on March 19, 2012 (77 FR 15973). That final rule implemented similar 
limits on the possession and landing of swordfish for longline fishing 
off the U.S. West Coast.
    NMFS must receive any public comments on this proposed rule by the 
close of business on July 2, 2012, and will not consider late comments.

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 FEP, 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

[[Page 34333]]

a substantial number of small entities. A description of the action, 
why it is being considered, and the legal basis for this action are 
contained in the preamble to this proposed rule.
    This proposed rule would revise the limits on the number of 
swordfish that may be landed or possessed during any given Hawaii-based 
deep-set longline fishing trip north of the Equator. Currently, a deep-
set vessel may keep up to 10 swordfish on any given trip (shallow-set 
vessels are not subject to a swordfish limit). Under the proposed rule, 
if the vessel has a NMFS observer on board, there would be no limit on 
the number of swordfish landed or possessed per trip, regardless of the 
type of hook used. If the vessel does not have an observer on board, 
there would be a limit of 25 swordfish per trip, if the vessel uses 
only circle hooks. Finally, there would be a limit of 10 swordfish on a 
trip, if the vessel does not use circle hooks and does not have a NMFS 
observer on board. This proposed rule would also revise the definition 
of deep-set longline fishing to be consistent with the proposed 
swordfish retention limits. All other measures applicable to the deep-
set fishery would remain unchanged. The proposed rule intends to reduce 
regulatory discards and optimize the yield of swordfish.
    NMFS expects this rule to directly affect vessels that hold Hawaii 
longline limited entry permits. As of March 2012, 132 vessels held 
Hawaii longline limited entry permits (out of 164 total permits) and 
each is a potential participant in the deep-set fishery because permit 
holders may participate in both the shallow-set and deep-set fisheries. 
According to 2011 logbook information, 129 vessels participated in the 
deep-set fishery. These vessels made 1,306 trips, catching 2,906 
swordfish, and keeping 2,502. Swordfish caught per trip averages about 
two per trip, but on occasion, fishermen have caught more than 10 
swordfish and have had to discard excess swordfish because of the 
current swordfish retention limit. Between 2004 and 2010, 9.2 percent 
of observed deep-set trips were noted to have caught more than 10 
swordfish during the trip. Swordfish landings in the deep-set fishery 
were worth over $1 million, or 2 percent of the total deep-set fishery 
revenues in 2010.
    NMFS estimates the 2010 gross ex-vessel value of pelagic fish 
landed by Hawaii-based longline fisheries to be about $70 million, or 
approximately $427,000 per vessel. According to Small Business 
Administration (SBA) size criteria, a business involved in fish 
harvesting is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and its combined annual receipts are not in 
excess of $4.0 million for all of its affiliated operations worldwide. 
Based on average revenues and the SBA criteria, NMFS believes that all 
164 potential deep-set vessels are small entities.
    Under the proposed action, deep-set fishermen would be able to keep 
more swordfish than what is currently allowed, provided they either use 
circle hooks or have an observer onboard. Based on average value of the 
estimated discarded swordfish ($48,395), and the average number of 
active longline vessels in 2004-2010 (126), the potential increase in 
swordfish landings could yield an additional revenue gain of up to $384 
per vessel per year.
    Other action alternatives that were considered included allowing 
deep-set fishermen to keep up to 25 swordfish when circle hooks were 
used (without the additional allowance made for vessels carrying 
observers) and removing the swordfish limit for all deep-set longline 
trips. The alternative which would remove the swordfish limit for all 
deep-set trips, would be preferred by small entities, however, it may 
unintentionally encourage shallow-set targeting which may lead to 
unobserved and undocumented sea turtle interactions.
    For the reasons above, NMFS does not expect the proposed action to 
have a significant economic impact on a substantial number of small 
entities. NMFS does not expect either a significant loss in landings or 
expenses incurred by deep-set fishery participants. In fact, if they 
carry an observer or if they opt to fish using circle hooks, these 
vessels may have increased swordfish limits and resulting increased 
opportunities to generate revenue. Revenues would not change if 
fishermen continue to use hooks other than circle hooks and the vessel 
does not have an observer on board.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    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, Fisheries, Fishing, Hawaii, 
Longline, Sea turtles, Swordfish.

    Dated: June 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator For Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 665 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, revise the definition of ``Deep-set or Deep-
setting'' to read as follows:


Sec.  665.800  Definitions.

* * * * *
    Deep-set or Deep-setting means the deployment of longline gear in a 
manner consistent with all the following criteria: All float lines are 
at least 20 meters in length; a minimum of 15 branch lines are attached 
between any two floats (except basket-style longline gear which may 
have as few as 10 branch lines between any two floats); and no light 
sticks are used. As used in this definition, ``float line'' means a 
line used to suspend the main longline beneath a float, and ``light 
stick'' means any type of light emitting device, including any 
fluorescent ``glow bead,'' chemical, or electrically-powered light that 
is affixed underwater to the longline gear.
* * * * *
    3. In Sec.  665.813, revise paragraph (j) and add paragraphs (j)(1) 
through (j)(3) to read as follows:


Sec.  665.813  Western Pacific longline fishing restrictions.

* * * * *
    (j) Swordfish limits. When fishing north of the Equator (0[deg] 
lat.), owners and operators of vessels registered for use under a 
Hawaii longline limited access permit, on a trip for which the permit 
holder notified NMFS under Sec.  665.803(a) that the vessel would deep-
set, may possess or land no more than the following number of swordfish 
for such trip:
    (1) If an observer is on board, there is no limit.
    (2) If there is no observer on board, and if only circle hooks are 
used, the limit is 25.
    (3) If there is no observer on board, and if any type of hook other 
than a circle hook is used, the limit is 10.
* * * * *
[FR Doc. 2012-14145 Filed 6-8-12; 8:45 am]
BILLING CODE 3510-22-P