[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Proposed Rules]
[Pages 2742-2745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00910]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 220111-0010]
RIN 0648-BK74


Pacific Island Fisheries; Pelagic Longline Gear and Operational 
Requirements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to prohibit the use of wire leaders in the 
Hawaii deep-set longline fishery, and require the removal of fishing 
gear from any oceanic whitetip shark caught in all of the region's 
domestic longline fisheries. The proposed action is intended to 
increase post-hooking survival of oceanic whitetip sharks.

DATES: NMFS must receive comments by February 18, 2022.

ADDRESSES: You may submit comments on this proposed rule, identified by 
NOAA-NMFS-2021-0099, by either of the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to http://www.regulations.gov and 
enter NOAA-NMFS-2021-0099 in the Search box, click 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 Regional Office (PIRO), 
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. 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 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).
    The Western Pacific Fishery Management Council (Council) and NMFS 
prepared a draft environmental

[[Page 2743]]

assessment (EA) and regulatory impact review that supports this 
proposed rule. The draft EA is available at www.regulations.gov, or 
from the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 
808-522-8220, or www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: David O'Brien, PIRO Sustainable 
Fisheries, 808-725-5038.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Hawaii 
(shallow-set and deep-set), America Samoa, and general western Pacific 
longline fisheries under the Fishery Ecosystem Plan for Pelagic 
Fisheries of the Western Pacific (FEP) and implementing Federal 
regulations. These fisheries occasionally catch oceanic whitetip sharks 
(Carcharhinus longimanus), which NMFS listed as threatened under the 
Endangered Species Act on January 30, 2018 (83 FR 4153). To improve the 
survival of oceanic whitetip sharks caught unintentionally in the 
Hawaii deep-set fishery, this proposed rule would prohibit the use of 
steel wire line, known as wire leaders, within 1 meter of the hook. To 
improve the survival of oceanic whitetip sharks caught unintentionally 
in all of the region's longline fisheries, this proposed rule would 
also require fishermen to remove fishing gear from any oceanic whitetip 
shark caught, with limited exceptions related to safety and data 
collection. Prohibiting wire leaders may also result in reductions in 
adverse effects to other protected species.
    Prior to 2021, most vessels in the Hawaii deep-set fishery used 
wire leaders in the terminal portion of the fishing line between the 
hook and a weight that must be placed within 1 meter of the hook (see 
50 CFR 665.815(a)(1)). The weight is typically in the form of a swivel, 
and helps to sink the hook quickly to reduce interactions with 
seabirds.
    The wire leader also reduces the risk of crew injuries resulting 
from ``fly backs.'' Fly backs may occur when retrieving fishing gear 
(hauling) if the line under tension parts, either by breaking or being 
bitten through, between the hook and the weighted swivel or is thrown 
from a fish. In these cases, the weighted swivel flies back toward the 
vessel at high speed and there have been documented severe injuries and 
deaths of crewmembers. The use of wire leaders between the hook and the 
weight reduces the chance that the leader would part and fly back 
toward the vessel when crew are hauling the gear.
    Although they reduce fly backs, wire leaders reduce the chances 
that sharks may bite off the line and release themselves before the 
crew retrieve the gear. We expect sharks that release themselves before 
the gear is retrieved to have reduced mortality relative to sharks that 
are released after being brought to the vessel. In addition, wire 
leaders make it difficult to remove fishing gear from sharks or other 
protected species that are too large to bring on board the vessel to 
remove the gear. Because it is difficult to cut the wire leader from 
deck height, fishermen typically cut the line closer to the vessel than 
the weighted swivel. This practice leaves the hook, wire leader, 
weighted swivel, and some amount of monofilament fishing line 
(collectively, trailing gear) attached to a released animal. Long 
trailing gear reduces survivorship of sharks and other released 
animals. Because monofilament nylon leaders are easier to cut from deck 
height, they can facilitate removal of trailing gear below the weighted 
swivel and close to the hook when releasing animals that are too large 
to bring on board.
    To reduce impacts on oceanic whitetip sharks in the Hawaii deep-set 
fishery, the Hawaii Longline Association (HLA) announced in late 2020 
that its members, comprising more than 90 percent of the Hawaii deep-
set longline fleet of approximately 146 active vessels, would 
voluntarily switch from wire to monofilament leaders. At its June 2021 
meeting, the Council recommended that wire leaders be prohibited in the 
Hawaii deep-set fishery, along with the recommendation to remove 
trailing gear. These recommendations were intended to ensure that all 
fishermen in the fleet stop using wire leaders and minimize the amount 
of trailing gear on oceanic whitetip sharks. NMFS estimates that these 
proposed requirements would reduce mortality of oceanic whitetip sharks 
hooked in the Hawaii deep-set fishery by approximately 30 percent due 
to a combination of higher post-hooking survival via bite-offs and 
reductions in trailing gear remaining on released animals. This 
proposed action would be implemented in conjunction with HLA outreach 
to fishery participants and NMFS protected species workshops to address 
safety concerns associated with gear fly back.
    Pursuant to the Council's recommendations, NMFS proposes to 
prohibit wire leaders within 1 meter of each hook on Hawaii deep-set 
vessels. NMFS also proposes to require vessel owners, operators and 
crew on vessels registered for use under any of the region's longline 
permits to release oceanic whitetip sharks with minimal trailing gear, 
with limited exceptions for safety and data collection. This proposed 
rule and any related handling guidelines would be consistent with 
Western and Central Pacific Fisheries Commission best handling 
practices for these sharks (see https://www.wcpfc.int/doc/supplcmm-2010-07/best-handling-practices-safe-release-sharks-other-whale-sharks-and), and NMFS regulations at 50 CFR 300.226.
    NMFS will consider public comments on this proposed rule and will 
announce the final rule in the Federal Register. NMFS must receive 
comments on this proposed action by the date provided in the DATES 
heading. NMFS may not consider comments postmarked or otherwise 
transmitted after that date. Regardless of the final rule, all other 
existing management measures would continue to apply in the longline 
fisheries.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (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 law, subject to further consideration after public 
comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation for the Department of Commerce has 
certified to the Chief Counsel 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 proposed action would prohibit the use of wire leaders in the 
Hawaii deep-set longline fishery, and would require the removal of 
fishing gear from any oceanic whitetip shark caught in all of the 
region's domestic longline fisheries (Hawaii deep-set and shallow-set, 
American Samoa, and others).
    The action would apply to vessels with Hawaii longline limited 
entry permits (164) and American Samoa limited entry permits (60). 
There has been no longline fishing in Guam or the Northern Mariana 
Islands since 2011. In 2020, 146 vessels participated in the Hawaii 
deep-set longline fishery, with annual fleet revenues of $71.5 million 
and average annual per-vessel revenues of $489,730. In 2020, 14 vessels 
participated in the Hawaii shallow-set

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fishery, with annual fleet revenues of $1.3 million and average annual 
per-vessel revenues of $92,357. In 2020, 11 vessels participated in the 
American Samoa fishery, with annual fleet revenues of $2.1 million, and 
average per-vessel revenues of $191,000.
    NMFS listed oceanic whitetip sharks as threatened under the 
Endangered Species Act on January 30, 2018 (83 FR 4153). The proposed 
management measures are designed to improve post-hooking survival of 
oceanic whitetip sharks in the longline fisheries. In December 2020, 
the HLA announced that its members, comprising most of the Hawaii deep-
set longline fleet, would voluntarily switch from wire leaders to 
monofilament leaders in 2021. This proposed action would encourage the 
entire Hawaii deep-set longline fleet to transition to monofilament 
leaders, currently the only viable alternative to wire. It would also 
require that all longline fishermen operating vessels under the FEP 
follow specific steps in removing trailing gear, as practicable, to 
further enhance post-hooking survival of oceanic whitetip sharks. These 
proposed requirements are expected to reduce mortality of oceanic 
whitetip sharks due to a combination of higher post-hooking survival 
via bite-offs and reductions in the length of trailing gear remaining 
on released animals.
    Most vessels in the Hawaii deep-set longline fishery had, until 
recently, used wire leaders to prevent potential gear fly backs and 
associated injury from weighted branch lines required for this fishery 
as a seabird mitigation measure. With the prohibition on the use of 
wire leaders under the proposed action, longline vessels are most 
likely to transition to monofilament nylon as it is the most common 
alternative leader material in pelagic longline fisheries, although 
other non-metal leaders may be used. Some, if not most, vessels in the 
Hawaii deep-set longline fishery are anticipated to voluntarily 
transition from wire leaders to monofilament leaders in advance of the 
regulatory requirement, following HLA's announcement. As of November 
2021, most Hawaii deep-set longline fishing vessels had transitioned to 
monofilament leaders with many more transitioning to its use when 
existing wire leaders need to be replaced in the normal course of 
operations.
    Under the proposed action, Hawaii deep-set longline fishery 
participants will incur upfront costs associated with changing wire 
leaders to monofilament nylon. The estimated range in the initial costs 
of replacing an entire set of wire leaders with monofilament leaders 
can be found by multiplying the price of each monofilament leader 
($0.06-$0.17, depending on brand) by the average number of hooks. This 
results in an estimated average one-time material cost (averaging 2,876 
hooks per vessel in 2020) for a full set of monofilament nylon leaders 
of $173-$489 per vessel, or a total of $25,194 to $71,382 for the 
entire fleet. Many deep-set longline vessels have already transitioned 
to monofilament nylon leaders, and more have begun to transition to 
monofilament nylon leaders as part of their routine replacement of 
leader lines. As a result, the upfront costs of transitioning to 
monofilament leaders upon the implementation of proposed action will 
not be as high for many fishermen as presented here.
    The proposed action may also influence ongoing costs for 
maintenance and repair of fishing gear. Monofilament leaders are more 
susceptible to damage, abrasion, breaking, and bite-offs, which would 
result in more frequent repairs and replacement of longline gear. 
However, monofilament nylon is less expensive than wire, which may help 
offset the immediate costs of implementing the proposed action over the 
longer term. The EA used 2020 effort data and results from a research 
study that estimated branch line repair rates to be higher for 
monofilament nylon leaders (19.8 percent) compared to wire leaders 
(14.4 percent) to estimate differential maintenance and repair costs. 
In 2020, the number of hooks deployed per trip averaged 36,314 and the 
number of hooks deployed throughout the year averaged 408,904 across 
all vessels. Based on these hook numbers, the cost of repairing 
monofilament leaders would average from $431-$1,222 per vessel per 
trip, compared to an average of $2,144-$2,719 per vessel per trip to 
repair wire leaders. Thus, the proposed action could result in an 
overall decrease in leader repair material costs ranging from $922 to 
$2,288 per trip, or an annual decrease in leader replacement costs 
ranging from $1,515,186 to $3,761,100 fleetwide (based on 1,644 deep-
set trips in 2020).
    Most vessels in the deep-set fishery had used wire leaders to 
prevent potential gear fly backs and associated injuries from the 
weighted branch lines (required to prevent seabird interactions). This 
proposed action would be implemented in conjunction with HLA outreach 
to fishery participants and NMFS protected species workshops to address 
safety concerns associated with gear fly back. One initiative involves 
the use of a simple reusable fly back prevention device. The cost of 
the materials for making one device is approximately $13, with one to 
two of these devices needed on board a vessel during any given fishing 
trip.
    The proposed rule also would require fishermen to remove trailing 
gear from captured oceanic whitetip sharks. HLA will continue to work 
with NMFS and the Western Pacific Fishery Management Council to 
disseminate handling guidelines applicable to oceanic whitetip sharks 
(and other protected species) for safe release with as little trailing 
gear attached as possible.
    While fishermen in all three fisheries remove trailing gear when 
they catch sharks as part of their normal operations, these additional 
handling requirements may slightly increase the time it takes to 
release these sharks. However, the rarity of interactions with these 
sharks suggests that any increase in handling time should have 
negligible impact on fishing operations.
    The prohibition of wire leaders, and the resulting switch to 
monofilament leaders, could change the catch rates of some target and 
non-target species in the Hawaii deep-set fishery. We expect minor 
increases in bigeye tuna catch rates, and slightly lower catch rates 
for albacore, mahimahi, and skipjack tuna. These changes are likely to 
be minor, however, and may result in an overall net increase in 
revenues for the deep-set fishery.
    NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing (NAICS code 11411) 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 has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. Based on available information, NMFS has determined that all 
vessels permitted federally under the FEP are small entities, i.e., 
they are engaged in the business of fish harvesting (NAICS 114111), are 
independently owned or operated, are not dominant in their field of 
operation, and have annual gross receipts not in excess of $11 million. 
Even though this proposed action would apply to a substantial number of 
vessels, the implementation of this action would not result in 
significant adverse economic impact to individual vessels. The proposed 
action would potentially reduce adverse effects on threatened oceanic 
whitetip sharks and other protected species, as well as potentially

[[Page 2745]]

Hawaii deep-set longline fishermen with minor increases in catch rate 
for target bigeye tuna.
    Under the proposed action, we do not expect the region's domestic 
longline fisheries to change substantially (i.e., area fished, number 
of vessels and trips, number and depth of hooks, or deployment 
techniques). The proposed action does not duplicate, overlap, or 
conflict with other Federal rules and is not expected to have 
significant impact on small organizations or government jurisdictions. 
Furthermore, there would be little, if any, disproportionate adverse 
economic impacts from the proposed action based on gear type or 
relative vessel size. The proposed action also will not place a 
substantial number of small entities, or any segment of small entities, 
at a significant competitive disadvantage to large entities.
    For the reasons above, NMFS does not expect the proposed action to 
have a significant economic impact on a substantial number of small 
entities. As such, 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.
    This proposed rule does not contain a collection-of-information 
requirement and thus requires no review under the Paperwork Reduction 
Act.

List of Subjects in 50 CFR Part 665

    American Samoa, Endangered and threatened species, Fisheries, 
Fishing, Hawaii, Longline, Oceanic whitetip shark, Pacific Islands, 
Release requirements, Western Pacific.

    Dated: January 12, 2022.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory
Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 665 as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR 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); no metal wire 
line within 1 meter of the hook; 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.  665.802, add paragraphs (gg) and (hh) to read as follows:


Sec.  665.802  Prohibitions.

* * * * *
    (gg) Use or have on board longline gear with metal wire line within 
1 meter of the hook when operating a vessel registered for use under a 
longline permit issued under Sec.  665.801(b) at any time during a trip 
for which notification to NMFS under Sec.  665.803(a) indicated that 
deep-setting would be done, in violation of Sec.  665.813(d).
    (hh) Fail to handle and release an oceanic whitetip shark in 
accordance with the requirements set forth at Sec.  665.811(a) when 
operating a vessel registered for use under any longline permit issued 
under Sec.  665.801, in violation of Sec.  665.811.
* * * * *
0
4. Add Sec.  665.811 to read as follows:


Sec.  665.811  Handling and release of oceanic whitetip sharks.

    (a) The owner and operator of a vessel registered for use under any 
longline permit issued under Sec.  665.801 must release any oceanic 
whitetip shark as soon as possible after the shark is caught and 
brought alongside the vessel, in accordance with Sec.  300.226 of this 
title, and must take the following actions:
    (1) Leave the animal in the water.
    (2) Use a dehooker as defined in Sec.  665.812(a)(7), or line 
clippers as defined in Sec.  665.812(a)(5), to remove trailing gear 
from the animal.
    (3) When using line clippers, cut the branch line as close to the 
hook as possible.
    (b) Paragraph (a) of this section shall not apply if doing so would 
compromise the safety of any person, or if a NMFS observer collects, or 
requests assistance collecting, samples of oceanic whitetip shark, or 
if a WCPFC observer collects, or requests assistance collecting, 
samples of oceanic whitetip shark in the Convention Area, as defined in 
Sec.  300.211 of this title and in accordance with Sec.  300.226 of 
this title.
0
5. In Sec.  665.813, revise paragraph (d) to read as follows:


Sec.  665.813  Western Pacific longline fishing restrictions.

* * * * *
    (d) A vessel registered for use under a Hawaii longline limited 
access permit may not have on board at any time during a trip for which 
notification to NMFS under Sec.  665.803(a) indicated that deep-setting 
would be done, any float line less than 20 meters in length, longline 
gear with metal wire line within 1 meter of the hook, or any light 
stick. As used in this paragraph (d), ``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.
* * * * *
[FR Doc. 2022-00910 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-22-P