[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67236-67241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26363]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 191202-0098]
RIN 0648-BI98


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 42

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

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in Amendment 42 
to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of 
the South Atlantic Region (Amendment 42), as prepared and submitted by 
the South Atlantic Fishery Management Council (South Atlantic Council). 
This final rule adds three new devices to the Federal regulations as 
options for fishermen with Federal commercial or charter vessel/
headboat permits for South Atlantic snapper-grouper to meet existing 
requirements for sea turtle release gear, and updates the regulations 
to simplify and clarify the requirements for other sea turtle release 
gear. This final rule also modifies the FMP framework procedure to 
allow for future changes to release gear and handling requirements for 
sea turtles and other protected resources. The purpose of this final 
rule is to allow the use of new devices to safely handle and release 
incidentally captured sea turtles, clarify existing requirements, and 
streamline the process for making changes to the release devices and 
handling procedures for sea turtles and other protected species.

DATES: This final rule is effective on January 8, 2020. The 
incorporation by reference of certain publications listed in this final 
rule is approved by the Director of the Federal Register as of January 
8, 2020.

ADDRESSES: Electronic copies of Amendment 42 may be obtained at 
www.regulations.gov or from the Southeast Regional Office website at 
https://www.fisheries.noaa.gov/action/amendment-42-modifications-sea-turtle-release-gear-and-framework-procedure-snapper-grouper. Amendment 
42 includes a fishery impact statement, a regulatory impact review, and 
a Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the South Atlantic Council manage 
the snapper-grouper fishery under the FMP. The FMP was prepared by the 
South Atlantic Council and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 
et seq.).
    On June 13, 2019, NMFS published the notice of availability for 
Amendment 42 in the Federal Register and requested public comment (84 
FR 27576). On September 17, 2019, NMFS published a proposed rule for 
Amendment 42 in the Federal Register and requested public comment (84 
FR 48890). On September 5, 2019, the Secretary of Commerce approved 
Amendment 42 under section 304(a)(3) of the Magnuson-Stevens Act. 
Amendment 42 and the proposed rule outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in Amendment 42 and implemented by this final rule 
is provided below.

Management Measures Contained in This Final Rule

    This final rule adds three new sea turtle handling and release 
devices to the Federal regulations, clarifies the requirements for 
other required gear, and modifies the FMP framework procedure to 
include future changes to release gear and handling requirements for 
sea turtles and other protected resources.

New Sea Turtle Release Gear

    For vessels with Federal commercial and charter vessel/headboat 
permits for South Atlantic snapper-grouper, this final rule adds three 
new devices to the Federal regulations that have been approved for use 
by NMFS' Southeast Fisheries Science Center (SEFSC) to safely handle 
and release sea turtles, and provide more options for fishermen to 
fulfill existing requirements. Details for these new devices can be 
found in Amendment 42, the proposed rule, and the 2019 NMFS Technical 
Memorandum titled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury'' (Release Protocols), which is published by the 
SEFSC. Complete construction specifications for all SEFSC-approved 
handling and release devices are included in the 2019 NMFS SEFSC 
Technical Memorandum titled, ``Design Standards and Equipment for 
Careful Release of Sea Turtles Caught in Hook-and-Line Fisheries''. 
Both documents are available at https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols. NMFS expects the new release devices in 
this final rule will increase flexibility for fishermen and regulatory 
compliance within the snapper-grouper fishery, which may result in 
positive benefits to sea turtles.
    Two of the new sea turtle handling devices are a collapsible hoop 
net and a sea turtle hoist (net). Both of these devices are more 
compact versions of the approved long-handled dip net, and could be 
used for bringing an incidentally captured sea turtle on board the 
fishing vessel to remove fishing gear from the sea turtle. For the 
collapsible hoop net, the net portion is attached to hoops made of 
flexible stainless steel cable; when the collapsible hoop net is folded 
over on itself for storage, its size reduces to

[[Page 67237]]

about half of its original diameter. Additionally, there are two 
versions of the sea turtle hoist. One version consists of the net 
portion securely fastened to a frame, providing a relatively taut 
platform for the sea turtle to be brought on board. Another version 
creates a basket with the frame and net that holds the sea turtle as it 
is brought on board. Both the collapsible hoop net and the sea turtle 
hoist use rope handles attached to either side of the frame, in place 
of the rigid handle on the dip net. Generally, the collapsible hoop net 
or hoist could be used to bring sea turtles on board vessels with a 
high freeboard when it is not feasible to use a dip net.
    The third new device is a dehooker that can be used to remove an 
externally embedded hook from a sea turtle. This device has a squeeze 
handle that secures the hook into notches at the end of the shaft of 
the dehooker, so the hook can be twisted out. This new device provides 
another option for fishermen to comply with the regulations for a 
short-handled dehooker for external hooks.

Requirements for Existing Sea Turtle Release Gear

    This final rule also updates the requirements of some other 
approved devices for clarity and simplicity, and to aid fishermen and 
law enforcement with compliance and enforcement efforts. Existing 
regulations use the word ``approximately'' to define some gear 
specifications, and this rule replaces ``approximately'' in the 
applicable regulations where precise specifications will clarify 
requirements for the dimensions or lengths of several devices. The 
revisions provide for either a minimum size dimension or a size range 
for the short-handled dehookers for external and internal hooks, bite 
block on the short-handled internal use dehooker, long-nose or needle-
nose pliers, bolt cutters, and the block of hard wood and hank of rope 
when used as mouth openers and gags. In general, these clarifications 
either establish the previously approximate dimensions as a minimum 
requirement, or establish the smaller end of the current size range for 
the required dimensions as a minimum. Other changes to the gear 
requirements follow.
    The SEFSC has also approved 304L grade stainless steel for the 
construction of all short-handled and long-handled dehookers, in 
addition to 316L grade stainless steel that has already been approved 
and is in use. This additional grade of stainless steel is commonly 
available and is also corrosion resistant to salt water.
    Another required device to assist with removing fishing gear from a 
sea turtle is a pair of monofilament line cutters. SEFSC has clarified 
that the blade length on the monofilament line cutters must be a 
minimum of 1 inch (2.5 cm) long but can be longer, and therefore, this 
final rule revises the specification.
    Another required gear type is mouth openers and gags, used to hold 
a sea turtle's mouth open to remove fishing gear. At least two of the 
seven types of mouth openers and gags are required on board. SEFSC 
determined that canine mouth gags, an option for this gear requirement, 
should not have the ends of the canine mouth gags covered with clear 
vinyl tubing, friction tape, or similar, to pad the surface, because 
this is not necessary and can result in the gags not functioning 
properly. This final rule removes from the regulations the requirement 
to cover the ends of the canine mouth gags with these materials.
    A life-saving device on a vessel, such as a personal flotation 
device or life ring buoy, may be used as an option to satisfy the 
required cushion or support device for sea turtles brought aboard a 
vessel to remove fishing gear. This final rule clarifies that any life-
saving device used to fulfill the sea turtle safe handling requirements 
cannot also be used to meet U.S. Coast Guard safety requirements of one 
flotation device per person on board the vessel.
    Lastly, fishermen are currently required to maintain a paper copy 
of the Release Protocols on each vessel for reference in the event a 
sea turtle is incidentally captured. This final rule allows fishermen 
to use an electronic copy of the document to fulfill the requirement, 
as long as the electronic document is readily available for viewing and 
reference during a trip.

FMP Framework Procedure

    Amendment 42 and this final rule allow future changes to the sea 
turtle release gear and handling techniques under the framework 
procedure. For example, the South Atlantic Council could more quickly 
add a new release device for sea turtles if approved by the SEFSC. The 
South Atlantic Council decided that making these changes through an 
expedited process may have beneficial biological and socio-economic 
impacts. The South Atlantic Council concluded that the revised 
framework procedure will still allow adequate opportunity for the 
public to comment on any future proposed regulatory changes.

Incorporation by Reference

    If a sea turtle is incidentally caught during fishing operations, 
the owner or operator of a federally permitted commercial vessel or a 
recreational charter vessel or headboat for South Atlantic snapper-
grouper must have the 2019 Release Protocols document (incorporated by 
reference, see Sec.  622.179(b) below) available for reference on board 
to safely handle and release the animal. In addition, a placard 
summarizing sea turtle handling and release guidelines (incorporated by 
reference, see Sec.  622.179(b) below) must be posted on the vessel. 
The Release Protocols document is a NOAA Technical Memorandum published 
by the NMFS SEFSC. The placard is also contained within the Release 
Protocols document, and the placard is available in English, Spanish, 
and Vietnamese. Both the Release Protocols document and placard are 
available at the NMFS Southeast Regional Office, 263 13th Ave. South, 
St. Petersburg, FL 33701, phone: 727-824-5301, or for digital download 
and printing from this website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols.

Comments and Responses

    NMFS did not receive any public comments on the notice of 
availability for Amendment 42 or the proposed rule, and therefore, no 
changes were made to this final rule as a result of public comment.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 42, the 
FMP, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is considered an 
Executive Order 13771 deregulatory action.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
    The objectives of this final rule are to provide greater 
flexibility to owners and operators of vessels in the commercial and 
for-hire snapper-grouper fishing industries (i.e., vessels for which 
Federal commercial and charter vessel/headboat permits for South 
Atlantic snapper-grouper have been issued) in complying with release 
gear regulations, clarify existing requirements for fishery 
participants and law enforcement officers, and streamline the process 
for

[[Page 67238]]

future revisions to release gear and handling procedures for 
incidentally captured sea turtles and other protected species after 
approval by the SEFSC.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this final 
rule, if implemented, would not have a significant economic impact on a 
substantial number of small entities. NMFS did not receive any comments 
from SBA's Office of Advocacy or the public regarding the economic 
analysis of Amendment 42 or the certification in the proposed rule. No 
changes to this final rule were made in response to public comments. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. Because this final rule is not expected 
to have a significant economic impact on a substantial number of small 
entities, a final regulatory flexibility analysis is not required and 
none has been prepared.

List of Subjects in 50 CFR Part 622

    Charter vessel, Commercial, Fisheries, Fishing, Headboat, 
Incorporation by reference, Sea turtle, South Atlantic.

    Dated: December 3, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator,
    National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.29, revise paragraph (a)(1)(ii) to read as follows:


Sec.  622.29   Conservation measures for protected resources.

    (a) * * *
    (1) * * *
    (ii) Such owner or operator must also comply with the sea turtle 
interaction mitigation measures, including the release gear and 
handling requirements specified in appendix F of this part.
* * * * *

0
3. In Sec.  622.179, revise paragraph (a)(1) and add paragraph (b) to 
read as follows:


Sec.  622.179   Conservation measures for protected resources.

    (a) * * *
    (1) Sea turtle conservation measures. (i) The owner or operator of 
a vessel for which a commercial vessel permit for South Atlantic 
snapper-grouper or a charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, as required under Sec.  622.170(a)(1) 
and (b)(1), respectively, and whose vessel has on board any hook-and-
line gear, must have the 2019 version of the NMFS document titled, 
``Careful Release Protocols for Sea Turtle Release with Minimal 
Injury'' available for reference on board electronically or have a 
paper copy on board inside the wheelhouse, or within a waterproof case 
if there is no wheelhouse. In addition, the NMFS sea turtle handling 
and release guidelines placard must be posted inside the wheelhouse or 
an easily viewable area on the vessel if there is no wheelhouse.
    (ii) Such owner or operator must also comply with the sea turtle 
interaction mitigation measures, including the release gear and 
handling requirements specified in appendix F of this part.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board a net or hoist, tire or other support 
device, short-handled dehooker(s) for internal and external hooks, 
long-nose or needle-nose pliers, bolt cutters, monofilament line 
cutters, and at least two types of mouth openers or mouth gags. This 
equipment must meet the specifications described in appendix F of this 
part.
    (iv) Those permitted vessels with a freeboard height of greater 
than 4 ft (1.2 m) must have on board a net or hoist, tire or other 
support device, long-handled line clipper or cutter, short-handled 
dehooker(s) for internal and external hooks, long-handled dehooker(s) 
for internal and external hooks, a long-handled device to pull an 
inverted ``V'' in the fishing line, long-nose or needle-nose pliers, 
bolt cutters, monofilament line cutters, and at least two types of 
mouth openers or mouth gags. This equipment must meet the 
specifications described in appendix F of this part.
* * * * *
    (b) Incorporation by reference. The standards required in paragraph 
(a)(1) of this section are incorporated by reference into this section 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the National Marine Fisheries Service, Southeast Regional 
Office, 263 13th Ave. South, St. Petersburg, FL 33701, phone: 727-824-
5301, website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols, and is available from the sources listed in paragraphs 
(b)(1) and (2) of this section. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast Fisheries 
Science Center, 75 Virginia Beach Drive, Miami, FL 33149.
    (i) Careful Release Protocols for Sea Turtle Release with Minimal 
Injury, NOAA Technical Memorandum NMFS-SEFSC-735, Stokes, L., and 
Bergmann, C. (Editors), 2019.
    (ii) [Reserved]
    (2) U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast Regional 
Office, 263 13th Ave. South, St. Petersburg, FL 33701.
    (i) Sea Turtle Handling/Release Guidelines: Quick Reference for 
Hook and Line Fisheries, English, Spanish, Vietnamese, Revised April 
2019.
    (ii) [Reserved]

0
4. In Sec.  622.194, revise the introductory text and add paragraph (b) 
to read as follows:


Sec.  622.194   Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the 
Snapper-Grouper Fishery of the South Atlantic Region, the RA may 
establish or modify the items specified in paragraph (a) of this 
section for South Atlantic snapper-grouper and wreckfish, or paragraph 
(b) of this section for sea turtles and other protected species.
* * * * *
    (b) Possession, specifications, and use of required release gear 
and handling requirements for sea turtles and other protected species.

0
5. Revise appendix F to part 622 to read as follows:

Appendix F to Part 622--Specifications for Sea Turtle Release Gear and 
Handling Requirements

A. Sea Turtle Release Gear

    1. Long-handled line clipper or cutter. Line cutters are 
intended to cut fishing line as close as possible to the hook, and 
assist in removing line from an entangled sea turtle to minimize any 
remaining gear upon release. One long-handled line clipper or cutter 
and one set of replacement blades are required to be on board. The 
minimum design standards are as follows:

[[Page 67239]]

    (a) A protected and secured cutting blade. The cutting blade(s) 
must be capable of cutting 2.0 to 2.1-mm (0.078 to 0.083-inch) 
diameter monofilament line (approximately 400 to 450-lb test 
strength) or polypropylene multistrand material, known as braided or 
tarred mainline, and the cutting blade must be maintained in working 
order. The cutting blade must be curved, recessed, contained in a 
holder, or otherwise designed to facilitate its safe use so that 
direct contact between the cutting surface and the sea turtle or the 
user is prevented. The cutting instrument must be securely attached 
to an extended reach handle and the blade(s) must be easily 
replaceable during a trip if necessary. The extra set of replacement 
blades must meet these standards and be carried on board to replace 
all cutting surfaces on the line cutter or clipper.
    (b) An extended reach handle. The line cutter blade must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to or greater than 150 percent of the freeboard, or a 
minimum length of 6 ft (1.8 m), whichever is greater. The extended 
reach handle may break down into sections for storage, but it is not 
required. There is no restriction on the type of material used to 
construct this handle as long as it is sturdy and facilitates the 
secure attachment of the cutting blade.
    2. Long-handled dehooker for internal hooks. One long-handled 
dehooker to remove internal hooks from sea turtles that cannot be 
brought on board is required on the vessel. It should also be used 
to engage an unattached hook when a sea turtle is entangled but not 
hooked, and line is being removed. The design must shield the point 
of the hook and prevent the hook from re-engaging during the removal 
process. The minimum design standards are as follows:
    (a) Hook removal device. The dehooker must be constructed of \3/
16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 316L or 304L 
stainless steel and have a dehooking end no larger than 1\7/8\ 
inches (4.8 cm) outside diameter. The dehooker must securely engage 
and control the leader while shielding the point to prevent the hook 
from re-engaging during removal. It may not have any unprotected 
terminal points (including blunt ones), as these could cause injury 
to the esophagus during hook removal. The dehooker must be of a size 
appropriate to secure the range of hook sizes and styles used on the 
vessel.
    (b) Extended reach handle. The dehooking end that secures the 
fishhook must be securely fastened to an extended reach handle or 
pole with a minimum length equal to or greater than 150 percent of 
the freeboard, or a minimum of 6 ft (1.8 m), whichever is greater. 
The extended reach handle may break down into sections for storage, 
but it is not required. The handle must be sturdy and strong enough 
to facilitate the secure attachment of the dehooking end.
    3. Long-handled dehooker for external hooks. One long-handled 
dehooker to remove external hooks from sea turtles that cannot be 
brought on board is required on the vessel. The long-handled 
dehooker for internal hooks described in paragraph A.2. of this 
appendix may be used to comply with this requirement. The minimum 
design standards are as follows:
    (a) Hook removal device. A long-handled dehooker must be 
constructed of \3/16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 
316L or 304L stainless steel and have a dehooking end no larger than 
1\7/8\ inches (4.8 cm) outside diameter. The dehooking end that 
secures the fishhook must be blunt with all edges rounded. The 
dehooker must be of a size appropriate to secure the range of hook 
sizes and styles used on the vessel.
    (b) Extended reach handle. The handle must be a minimum length 
equal to the freeboard of the vessel or 6 ft (1.8 m), whichever is 
greater. The extended reach handle may break down into sections for 
storage, but it is not required.
    4. Long-handled device to pull an ``inverted V''. One long-
handled device to pull an ``inverted V'' is required on board. This 
tool is used to pull an ``inverted V'' in the fishing line when 
implementing the ``inverted V'' dehooking technique, as described in 
the 2019 version of the document titled ``Careful Release Protocols 
for Sea Turtle Release with Minimal Injury,'' for dehooking and 
disentangling sea turtles. A long-handled J-style dehooker as 
described in paragraph A.3. of this appendix may be used to comply 
with this requirement. The minimum design standards are as follows:
    (a) Hook end. This device, such as a standard boat hook or gaff 
must be constructed of stainless steel or aluminum; if a long-
handled J-style dehooker is used to comply with this requirement, it 
must be constructed of 316L or 304L stainless steel. The 
semicircular or ``J'' shaped hook end must be securely attached to 
the handle to allow the hook end to engage and pull an ``inverted 
V'' in the fishing line. A gaff or any other tool with a sharp point 
is to be used only for holding fishing lines and must never contact 
the sea turtle.
    (b) Extended reach handle. The handle must have a minimum length 
equal to the freeboard of the vessel or must be at least 6 ft (1.8 
m) in length, whichever is greater. The extended reach handle may 
break down into sections for storage, but it is not required. The 
handle must be sturdy and strong enough to facilitate the secure 
attachment of the hook end.
    5. Net or hoist. One approved net or hoist is required on board. 
These devices are to be used to facilitate safe handling of sea 
turtles by allowing them to be brought on board for fishing gear 
removal, without causing further injury to the animal. Sea turtles 
must not be brought on board without the use of a net or hoist. 
There must be no sharp edges or burrs on the hoop or frame, or where 
the hoop or frame attaches to the handle. There is no requirement 
for the hoop or frame to be circular as long as it meets the 
applicable minimum specifications. In this appendix, bar measure 
means the non-stretched distance between a side knot and a bottom 
knot of a net mesh; also known as the square mesh measurement. The 
types and minimum design standards for approved nets and hoists are 
as follows:
    (a) Dip net--(i) Size of the net. The dip net must have a sturdy 
net hoop or frame of at least 31 inches (78.7 cm) inside diameter 
and a bag depth of at least 38 inches (96.5 cm) to accommodate sea 
turtles up to 3 ft (0.9 m) in carapace (shell) length. The bag mesh 
size must not exceed 3 inches (7.6 cm), bar measure. The net hoop or 
frame must be made of a rigid material strong enough to facilitate 
the sturdy attachment of the net.
    (ii) Extended reach handle. The dip net hoop or frame must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to or greater than 150 percent of the freeboard, or at 
least 6 ft (1.8 m) in length, whichever is greater. The handle and 
net must be able to support a minimum of 100 lb (45.4 kg) without 
breaking or significant bending or distortion. The extended reach 
handle may break down into sections for storage, but it is not 
required.
    (b) Collapsible hoop net--(i) Size of the net. The collapsible 
hoop net must have a sturdy net hoop of at least 31 inches (78.7 cm) 
inside diameter and a bag depth of at least 38 inches (96.5 cm) to 
accommodate sea turtles up to 3 ft (0.9 m) in carapace (shell) 
length. The bag mesh size must not exceed 3 inches (7.6 cm), bar 
measure. The net hoop must be strong enough to facilitate the sturdy 
attachment of the net.
    (ii) Extended reach handle. The collapsible hoop net must be 
securely fastened with rope(s) or other line(s) connected to the 
hoop with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The rope(s) and net must be able to support a minimum of 
100 lb (45.4 kg) without breaking or significant distortion.
    (c) Small hoist--(i) Size of the hoist. The sea turtle hoist 
must have a sturdy net hoop or frame of at least 31 inches (78.7 cm) 
inside diameter to accommodate sea turtles up to 3 ft (0.9 m) in 
carapace (shell) length. The net mesh size must not exceed 3 inches 
(7.6 cm), bar measure. If polyvinyl chloride, or PVC, pipe is used 
to construct the hoist, the pipe fittings must be glued together and 
a minimum strength of Schedule 40 pipe must be used. The hoist hoop 
or frame must be made of a rigid material strong enough to 
facilitate the sturdy attachment of the net.
    (ii) Extended reach handle. The sea turtle hoist must be 
securely fastened with ropes or other lines connected to the hoop or 
frame with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The ropes and hoist hoop or frame must be able to support a 
minimum of 100 lb (45.4 kg) without breaking or significant 
distortion.
    6. Cushion or support device. A standard automobile tire free of 
exposed steel belts, a boat cushion, or any other comparable 
cushioned and elevated surface, is required for supporting a sea 
turtle in an upright orientation while the sea turtle is on board. 
The cushion or support device must be appropriately sized to fully 
support a range of sea turtle sizes. Any life-saving device that 
would be used to support a sea turtle on board must be dedicated for 
that purpose and in addition to all minimum human safety at sea 
requirements.
    7. Short-handled dehooker for internal hooks. One short-handled 
dehooker for

[[Page 67240]]

removing internal hooks is required on board. This dehooker is 
designed to remove internal hooks from sea turtles brought on board. 
This dehooker can also be used on external hooks. The minimum design 
standards are as follows:
    (a) General. The dehooker must allow the hook to be secured and 
the hook point shielded without re-engaging during the removal 
process. It may not have any unprotected terminal points, including 
blunt ones, as this could cause injury to the esophagus during hook 
removal. A sliding plastic bite block must be permanently installed 
around the shaft to protect the beak and facilitate hook removal in 
case a sea turtle bites down on the dehooker. The dehooker must be 
of a size appropriate to secure the range of hook sizes and styles 
used on the vessel.
    (b) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 cm to 60.7 cm) long, with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar. The bite 
block must be constructed of a \3/4\ to 1-inch (1.9 to 2.5-cm) 
inside diameter high impact rated, rigid plastic cylinder (e.g., 
Schedule 80 PVC) that is 4 to 6 inches (10.2 to 15.2 cm) long to 
allow for 5 inches (12.7 cm) of slide along the shaft. The dehooking 
end must be no larger than 1\7/8\ inches (4.8 cm) outside diameter.
    8. Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required on board. This dehooker is 
designed to remove external hooks from sea turtles brought on board. 
The short-handled dehooker for internal hooks required to comply 
with paragraph A.7. of this appendix may be used to comply with this 
requirement. The minimum design standards are as follows:
    (a) Fixed handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be of a size appropriate to secure the range of hook 
sizes and styles used on the vessel.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 to 60.7 cm) long with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar.
    (b) Squeeze handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be able to secure the range of hook sizes and styles 
used on the vessel. This dehooker secures a fishhook for removal by 
squeezing the handles together using one hand to grab and pull the 
hook into notches at the top of the shaft of the dehooker.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The overall length must be a minimum of 11 
inches (27.9 cm) long.
    9. Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers is required on board. Required long-nose or 
needle-nose pliers can be used to remove hooks from the sea turtle's 
flesh or for removing hooks from the front of the mouth. They can 
also hold PVC splice couplings in place, when used as mouth gags. 
The minimum design standards are as follows: The long-nose or 
needle-nose pliers must be a minimum of 11 inches (27.9 cm) in 
length. It is recommended that the pliers be constructed of 
stainless steel or other corrosion resistant metal material.
    10. Bolt cutters. One pair of bolt cutters is required on board. 
Required bolt cutters may be used to cut off the eye or barb of a 
hook to facilitate the hook removal without causing further injury 
to the sea turtle. They should also be used to cut off as much of 
the hook as possible, when the remainder of the hook cannot be 
removed. The minimum design standards are as follows: The bolt 
cutters must be a minimum of 14 inches (35.6 cm) in total length, 
with blades that are a minimum of 4 inches (10.2 cm) long and 2\1/4\ 
inches (5.7 cm) wide, when closed. Required bolt cutters must be 
able to cut hard metals, such as stainless or carbon steel hooks, up 
to \1/4\-inch (6.4-mm) wire diameter, and they must be capable of 
cutting through the hooks used on the vessel.
    11. Monofilament line cutters. One pair of monofilament line 
cutters is required on board. Required monofilament line cutters 
must be used to remove fishing line entangling a sea turtle, or to 
cut fishing line as close to the eye of the hook as possible if the 
hook is swallowed or if the hook cannot be removed. The minimum 
design standards are as follows: The monofilament line cutters must 
be a minimum of 6 inches (15.2 cm) in length. The blades must be a 
minimum of 1 inch (2.5 cm) in length and \5/8\ inches (1.6 cm) wide, 
when closed.
    12. Mouth openers or mouth gags. Required mouth openers and 
mouth gags are used to open sea turtle mouths, and to keep them open 
when removing internal hooks from sea turtles brought on board. They 
must allow access to the hook or line without causing further injury 
to the sea turtle. Design standards are included in the item 
descriptions. At least two of the seven different types of mouth 
openers or mouth gags described in paragraphs A.12.(a) through (g) 
of this appendix are required.
    (a) A block of hard wood. A block of hard wood of a type that 
does not splinter (e.g., maple) with rounded and smoothed edges, or 
a wooden-handled brush with the bristles removed. The dimensions 
must be a minimum of 10 inches (25.4 cm) by \3/4\ inch (1.9 cm) by 
\3/4\ inch (1.9 cm).
    (b) A set of three canine mouth gags. A set of canine mouth gags 
must include one of each of the following sizes: small--5 inches 
(12.7 cm), medium--6 inches (15.2 cm), and large--7 inches (17.8 
cm). They must be constructed of stainless steel.
    (c) A set of two sturdy dog chew bones. Required canine chews 
must be constructed of durable nylon or thermoplastic polymer, and 
strong enough to withstand biting without splintering. To 
accommodate a variety of sea turtle beak sizes, a set must include 
one large (5\1/2\ to 8 inches (14 cm to 20.3 cm) in length), and one 
small (3\1/2\ to 4\1/2\ inches (8.9 cm to 11.4 cm) in length) canine 
chew bones.
    (d) A set of two rope loops covered with protective tubing. A 
required set consists of two 3-ft (0.9-m) lengths of poly braid rope 
(\3/8\-inch (9.5-mm) diameter suggested), each covered with an 8-
inch (20.3-cm) long section of \1/2\-inch (1.3-cm) to \3/4\-inch 
(1.9-cm) diameter light duty garden hose or similar flexible tubing, 
and each rope tied into a loop.
    (e) A hank of rope. A length of soft braided or twisted nylon 
rope a minimum of \3/16\-inch (4.8-mm) diameter must be folded to 
create a hank, or looped bundle, of rope. The rope must create a 
hank of 2 to 4 inches (5.1 cm to 10.2 cm) in thickness.
    (f) A set of four PVC splice couplings. A required set must 
consist of the following Schedule 40 PVC splice coupling sizes: 1 
inch (2.5 cm), 1\1/4\ inch (3.2 cm), 1\1/2\ inch (3.8 cm), and 2 
inches (5.1 cm). PVC splice couplings are held in a sea turtle's 
mouth with the needle-nose pliers.
    (g) A large avian oral speculum. The avian oral speculum must be 
9 inches (22.9 cm) long, and constructed of \3/16\-inch (4.8-mm) 
wire diameter 304 stainless steel. The wire must be covered with 8 
inches (20.3 cm) of clear vinyl tubing (\5/16\-inch (7.9-mm) outside 
diameter, \3/16\-inch (4.8-mm) inside diameter), friction tape, or 
similar to pad the surface.
    B. Sea turtle handling requirements. Any sea turtle incidentally 
captured during fishing operations must be handled, and release gear 
must be used, in accordance with the NMFS careful handling, 
resuscitation, and release protocols as specified in this appendix, 
in the 2019 version of the NMFS document titled, ``Careful Release 
Protocols for Sea Turtle Release with Minimal Injury'', or on the 
NMFS sea turtle handling and release guidelines placard.
    1. Sea turtles brought on board. When practicable, both active 
and inactive (comatose) sea turtles must be brought on board the 
vessel without causing further injury to the animal, using a net or 
hoist as specified in paragraph A.5. of this appendix. Release gear 
specified in paragraphs A.6. through A.12. of this appendix must be 
used to remove fishing gear from sea turtles. All sea turtles up to 
3 ft (0.9 m) carapace (shell) length must be brought on board to 
remove fishing gear if sea conditions allow.
    (a) Place a sea turtle upright on its bottom shell on a cushion 
or support device, as specified in paragraph A.6. of this appendix, 
to immobilize it and facilitate gear removal. Then, determine if the 
fishing gear can be removed without causing further injury. All 
externally embedded hooks should be removed, unless hook removal 
would result in further injury to the sea turtle. No attempt to 
remove a hook should be made if it has been swallowed and the 
insertion point of the hook is not clearly visible, or if it is 
determined that removal would result in further injury to the sea 
turtle.
    (b) If a hook cannot be removed, remove as much line as possible 
from the sea turtle and the hook using monofilament cutters as 
specified in paragraph A.11. of this appendix, and as much of the 
hook as possible should be removed before releasing the sea turtle, 
using bolt cutters as specified in paragraph A.10. of this appendix.
    (c) If a hook can be removed, an effective technique may be to 
cut off the barb or the

[[Page 67241]]

eye of the hook using bolt cutters, and then to slide the hook out. 
When the hook is visible in the mouth, a mouth opener or mouth gag, 
as specified in paragraph A.12. of this appendix, may facilitate 
opening the sea turtle's mouth and keeping the mouth open. Short-
handled dehookers for internal hooks, or long-nose or needle-nose 
pliers, as specified in paragraphs A.7. and A.8. of this appendix, 
respectively, should be used to remove visible hooks from the mouth 
that have not been swallowed on boated sea turtles, as appropriate.
    (d) If a sea turtle appears comatose or inactive, follow the 
NMFS resuscitation protocols to attempt revival before its release. 
As much gear as possible must be removed from the sea turtle without 
causing further injury prior to its release.
    (e) Sea turtle resuscitation. Resuscitation must be attempted on 
any sea turtle that is comatose or appears inactive by the following 
methods:
    (i) Place the sea turtle upright on its bottom shell and elevate 
its hindquarters at least 6 inches (15.2 cm) to drain any water from 
the sea turtle for a period of at least 4 hours and up to 24 hours. 
The amount of the elevation depends on the size of the sea turtle; 
greater elevations are needed for larger sea turtles.
    (ii) Periodically rock the sea turtle gently from left to right 
by holding the outer edge of the shell (carapace) and lift one side 
about 3 inches (7.6 cm), and then alternate to the other side.
    (iii) The sea turtle being resuscitated must be shaded and kept 
damp or moist. Do not put the sea turtle into a container holding 
water. A water-soaked towel placed over the head, shell, and 
flippers is the most effective method to keep a sea turtle moist.
    (iv) Gently touch the corner of the eye and pinch the tail 
(reflex test) periodically to see if there is a response indicating 
the sea turtle may be recovering.
    (f) Sea turtle release. A sea turtle that is actively moving or 
determined to be dead as described in paragraph B.1.(g) of this 
appendix must be released. Release the sea turtle when fishing gear 
is not in use to avoid recapturing the sea turtle. Place the engine 
gear in neutral position, and then lower the sea turtle into the 
water from a low part on the vessel, in an area where the sea turtle 
is unlikely to be recaptured or injured by vessels.
    (g) A sea turtle is determined to be dead if the muscles are 
stiff (rigor mortis) and/or the flesh has begun to rot; otherwise 
the sea turtle is determined to be comatose or inactive, and 
resuscitation attempts are necessary as specified in paragraph 
B.1.(e).
    (h) A sea turtle that fails to respond to the reflex test or 
fails to move within 4 hours (up to 24 hours if possible) must be 
returned to the water in the same manner as that for an actively 
moving sea turtle.
    2. Sea turtles that cannot be brought on board. If a sea turtle 
is too large, or is hooked or entangled in a manner that prevents 
bringing the sea turtle on board safely and without causing further 
injury, release gear specified in paragraph A. of this appendix must 
be used to remove the maximum amount of fishing gear from the sea 
turtle, or to remove as much line as possible from the sea turtle or 
from a hook that cannot be removed prior to releasing the sea 
turtle.
    (a) A non-boated sea turtle should be brought close to the boat. 
Then, determine whether the hook can be removed without causing 
further injury to the sea turtle. All externally embedded hooks 
should be removed, unless hook removal would result in further 
injury to the sea turtle. No attempt should be made to remove a hook 
if it has been swallowed and the insertion point is not clearly 
visible, or if it is determined that removal would result in further 
injury.
    (b) If the hook cannot be removed or if the sea turtle is only 
entangled, remove as much line as possible prior to its release 
using a long-handled line cutter or monofilament line cutters 
specified in paragraphs A.1. and A.11. of this appendix.
    (c) If the hook can be removed, it must be removed using the 
appropriate dehooker or other hook removal device specified in 
paragraph A. of this appendix. Without causing further injury, as 
much gear as possible must be removed from the sea turtle prior to 
its release.
    3. Other sea turtle requirements. Any sea turtle taken 
incidentally while fishing, regardless of whether the sea turtle is 
alive or dead, or whether it is brought on board, must not be 
consumed, sold, landed, offloaded, transshipped, or kept below deck.
    C. Incorporation by reference. The standards required in 
paragraphs A. and B. of this appendix are incorporated by reference 
into this appendix with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at the National Marine 
Fisheries Service, Southeast Regional Office, 263 13th Ave. South, 
St. Petersburg, FL 33701, phone: 727-824-5301, website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols, and is 
available from the sources listed below. It is also available for 
inspection at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    1. U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast 
Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149.
    (a) Careful Release Protocols for Sea Turtle Release with 
Minimal Injury, NOAA Technical Memorandum NMFS-SEFSC-735, Stokes, 
L., and Bergmann, C. (Editors), 2019.
    (b) [Reserved]
    2. U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast 
Regional Office, 263 13th Ave. South, St. Petersburg, FL 33701.
    (a) Sea Turtle Handling/Release Guidelines: Quick Reference for 
Hook and Line Fisheries, English, Spanish, Vietnamese, Revised April 
2019.
    (b) [Reserved]

[FR Doc. 2019-26363 Filed 12-6-19; 8:45 am]
 BILLING CODE 3510-22-P