[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71234-71236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27083]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB620]


Pacific Island Fisheries; Experimental Fishing Permit Application

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

ACTION: Notice of application for experimental fishing permit; request 
for comments.

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SUMMARY: NMFS announces that the Hawaii Longline Association (HLA) has 
applied for an experimental fishing permit (EFP) to test tori lines 
(bird scaring devices) in the Hawaii shallow-set longline fishery for 
swordfish. The intent of the EFP is to test new ways to discourage 
seabird interactions that also increase operational flexibility.

DATES: NMFS must receive comments by January 14, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0128, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2021-0128 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information

[[Page 71235]]

submitted voluntarily by the sender will be publicly accessible. NMFS 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).
    You may review the EFP application at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lynn Rassel, Sustainable Fisheries, 
NMFS Pacific Islands Regional Office, tel (808) 725-5184.

SUPPLEMENTARY INFORMATION: HLA applied for an EFP under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act and 
regulations at 50 CFR 665.17. If approved, the EFP would allow the HLA 
to conduct a pilot study using tori lines (bird scaring streamers) as a 
potential replacement for current regulations at 50 CFR 665.815 that 
require the deployment of gear at night (night-setting), thawed blue-
dyed bait, and strategic offal discharge. Night-setting, or setting one 
hour after sunset, is an effective method for reducing seabird bycatch 
because seabirds do not typically forage at night.
    Since 1994, the NMFS Pacific Islands Regional Office Observer 
Program has monitored seabird interactions in the Hawaii longline 
fisheries. Starting in 2001, in response to large numbers of seabird 
interactions, NMFS implemented a suite of seabird mitigation 
requirements. The current seabird requirements, including night-setting 
and using blue-dyed bait and strategic offal discharge, began in 2002 
(67 FR 34408, May 14, 2002) and were revised in 2005 (70 FR 75057, 
December 19, 2005). These requirements resulted in reductions in 
seabird interactions by 70-90 percent. Seabird interactions in the 
Hawaii longline fisheries have gradually increased in subsequent years 
with significant increases in black-footed albatross interactions since 
2015.
    In 2017, the Western Pacific Fishery Management Council (Council) 
held a workshop to explore the cause of the increasing interactions 
with black-footed albatross. The workshop suggested that a positive 
(warm) Pacific Decadal Oscillation, with its cooler sea surface in the 
western Pacific and stronger westerly winds, may increase the overlap 
of fishing effort and black-footed albatross foraging grounds, leading 
to more seabird interactions in the fishery.
    In 2018, the Council held a follow-up workshop to review seabird 
mitigation requirements and identify research needed to inform 
potential future requirements to reduce interactions with seabirds. 
That workshop identified certain mitigation measures, including tori 
lines, as a high priority for further research and development due to 
their potential to provide an effective alternative to blue-dyed bait.
    Resulting tori line tests in the Hawaii deep-set longline fishery 
in 2019-2021 showed tori lines to be a more effective seabird 
mitigation measure than blue-dyed bait. In addition, the use of blue-
dyed bait can be impractical due to the time and materials required to 
dye the bait, the need to fully thaw the bait which increases bait loss 
from hooks, and the administrative burden to monitor and enforce 
consistent application of blue-dye bait. However, data are lacking on 
the extent to which blue-dyed bait adds to the effectiveness of the 
already effective night-setting technique that is required in the 
shallow-set fishery. We also have little information about whether 
alternative measures may replace blue-dyed bait to produce similar or 
improved interaction mitigation effects during setting operations in 
the shallow-set fishery. The tests in the deep-set fishery also showed 
that strategic offal discharge (discharging fish, fish parts, and bait) 
during setting operations may increase interactions over time by 
attracting seabirds to fishing vessels.
    At its March 2021 meeting, the Council called for additional 
research to develop appropriate seabird mitigation measures for the 
shallow-set fishery. The Council emphasized that it intends to identify 
mitigation measures that maintain the effectiveness of seabird 
deterrence during dusk compared to the existing night-setting measures 
to provide operational flexibility in the time period when gear is set. 
Swordfish depths are affected by diel vertical migrations and lunar 
illumination, and Hawaii shallow-set longline fishermen have 
historically adjusted their set time according to the lunar phase to 
increase efficiency and optimize catch. Providing greater flexibility 
for the start of setting time while also deterring seabird interactions 
may help to optimize swordfish catch rates according to the lunar 
cycle, promote more efficient fishing operations, maintain catch value, 
and enhance crew safety.
    Under the EFP, the HLA would use one vessel to test setting up to 
one hour before sunset in the shallow-set fishery, while using two tori 
lines. The tori lines would have an aerial extent of about 65-75 meters 
each, and would be used instead of strategic offal discharge when 
seabirds are present and thawed blue-dyed bait, both of which are 
normally required while stern-setting in the fishery. Previous tori 
line testing in the deep-set fishery used a single tori line with a 50 
meter aerial extent. That configuration meets tori line specifications 
applicable under international agreements for deep-set fishing in the 
North Pacific and is appropriate for the level of seabird interaction 
risk in the deep-set fishery. Seabird interaction risk in the shallow-
set fishery is greater because fishing hooks are within the diving 
range of foraging seabirds during the set and the haul for a longer 
period of time than in the deep-set fishery. Tori line practices 
elsewhere suggest that increasing the tori line aerial extent, along 
with the number of tori lines deployed, increases effectiveness; 
therefore, the EFP proposes to use two longer tori lines (one on each 
side of the gear while it is being set). Using more than two tori lines 
would likely be difficult for the crew to manage and could create the 
potential for entanglement among the tori lines and fishing line.
    Interaction rates for seabirds caught in the shallow-set fishery 
are higher in the first and second quarters (January through June) of 
the calendar year. Accordingly, the applicant would focus fishing 
effort during periods of higher seabird abundance, as practicable, to 
maximize the value of the test. The EFP would be effective for no 
longer than 18 months from the date of issuance, unless earlier 
revoked, suspended, or modified.
    With the exception of setting one hour before and one hour after 
local sunset and using two tori lines instead of blue-dyed bait and 
strategic offal discharge during setting, the vessel operating under 
the EFP would carry out fishing operations consistent with typical 
shallow-set fishing. All other requirements would continue, including 
seabird mitigation measures such as strategic offal discharge during 
hauling and safe handling practices.
    The HLA anticipates that fishing under the EFP would have similar 
environmental impacts on target fish species, non-target fish species, 
and non-seabird protected species as conventional shallow-set fishing. 
The earlier setting time on treatment sets could, however, potentially 
optimize swordfish catch rates. The HLA also hypothesize that the risk 
of seabird interactions for sets during sunset hours would be mitigated 
by the use of tori lines. The EFP application provides additional 
information about these anticipated impacts.
    NMFS maintains 100 percent observer coverage on shallow-set trips. 
In addition, any vessel permitted under the EFP would carry an 
electronic monitoring system. A stern-mounted video camera would 
monitor the number of birds present and seabird

[[Page 71236]]

attacks and contacts during gear setting. After the vessel returns to 
port, the video recordings would be reviewed and seabird data would be 
verified using observer data.
    This would be a limited scale, pilot study to assess the potential 
risk to seabirds using alternative mitigation methods in place of 
already effective methods. The study would provide guidance on whether 
to pursue a full-scale study of tori lines in the shallow-set fishery. 
At the completion of the test, findings would be presented to the 
Council and NMFS to inform whether additional research is warranted, 
and support future management decisions.
    NMFS seeks comments on the proposed experimental activity. We will 
consider comments received when deciding whether to approve the EFP 
and, if so, whether to attach any additional terms and conditions.
    Authority: 16 U.S.C. 1801, et seq.

    Dated: December 9, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-27083 Filed 12-14-21; 8:45 am]
BILLING CODE 3510-22-P