[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 43721-43722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18298]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 120330236-2236-02]
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: Final rule.

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SUMMARY: NMFS publishes this final rule to 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 
rule also revises the definition of deep-set longline fishing to be 
consistent with the swordfish retention limits. The rule intends to 
reduce regulatory discards and optimize the yield of swordfish.

DATES: This rule is effective August 27, 2012.

ADDRESSES: NMFS and 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 rule. The regulatory amendment, identified by 
identified by NOAA-NMFS-2012-0097, is available from 
www.regulations.gov, or from 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.

[[Page 43722]]


SUPPLEMENTARY INFORMATION: Fishermen in the Hawaii-based deep-set 
longline fishery have been subject to a limit of 10 swordfish per 
fishing trip, a limit implemented to discourage shallow-set fishing 
during a declared deep-set fishing trip. The limit has occasionally 
forced fishermen to discard swordfish caught in excess of the limit. 
Fishermen have claimed that, because swordfish stocks are healthy and 
are not subject to overfishing or approaching an overfished condition, 
the discards amount to wasted opportunities to sell the excess 
swordfish, resulting in lost wages and a reduction of the fish supply 
to seafood consumers.
    In response to fishermen's concerns, and based on a recommendation 
from the Council, NMFS revises the limits on the number of swordfish 
that may be possessed or landed during a deep-set longline fishing trip 
north of the Equator. The new limits are, as follows:
     With a NMFS observer on board, there is no limit on 
swordfish landed or possessed on a trip, regardless of the type of hook 
used.
     With no NMFS observer on board, the limit is 25 swordfish 
landed or possessed on a trip, if the vessel uses only circle hooks.
     With no NMFS observer on board, and if the vessel uses any 
hooks other than circle hooks, the limit is 10 swordfish landed or 
possessed on a trip.
    This rule reduces regulatory discards, and optimizes swordfish 
yield. This rule supports the National Standards for fishery management 
in Magnuson-Stevens Fishery Conservation and Management Act, and 
maximizes the net benefits to the Nation.
    This rule also revises the definition of deep-set longline fishing 
to remove the provision regarding swordfish limits from the definition. 
This change makes the definition consistent with the revised swordfish 
retention limits.
    This rule is consistent with a final rule issued by NMFS on March 
19, 2012 (77 FR 15973) that implemented similar limits on the 
possession and landing of swordfish for longline fishing off the U.S. 
west coast.

Comments and Responses

    On June 11, 2012, NMFS published a proposed rule and request for 
public comment (77 FR 34331). The comment period for the proposed rule 
ended on July 2, 2012. NMFS received one set of comments that were 
supportive of the action for the reasons outlined in the preamble of 
the proposed rule. NMFS did not receive any negative comments on, or 
suggested changes to, the proposed rule.

Changes From the Proposed Rule

    There are no changes to the proposed rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of pelagic 
fisheries in the western Pacific, and that it is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final 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: July 20, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 665 is amended 
as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for part 665 continues to read as follows:

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


0
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.
* * * * *

0
3. In Sec.  665.813, revise paragraph (j) 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. 2012-18298 Filed 7-25-12; 8:45 am]
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