[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Rules and Regulations]
[Pages 25153-25156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09052]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 220421-0102]
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: Final rule.

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SUMMARY: In this final rule, NMFS prohibits the use of wire leaders in 
the Hawaii deep-set longline fishery, and requires the removal of 
fishing gear from any oceanic whitetip shark caught in all of the 
region's domestic longline fisheries. The rule is intended to increase 
post-hooking survival of threatened oceanic whitetip sharks.

DATES: The final rule is effective May 31, 2022.

ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific (FEP) are available from the Western Pacific 
Fishery Management Council (Council), 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel. 808-522-8220, fax 808-522-8226, or 
www.wpcouncil.org.
    Copies of the environmental analyses and other supporting documents 
for this action are available from https://www.regulations.gov/docket?D=NOAA-NMFS-2021-0099, or from Michael D. Tosatto, Regional 
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: David O'Brien, NMFS Pacific Islands 
Regional Office, Sustainable Fisheries, 808-725-5038.

SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery 
Management Council (Council) manage the Hawaii (shallow-set and deep-
set) and America Samoa longline fisheries under the FEP as authorized 
by the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). These fisheries occasionally catch oceanic 
whitetip sharks (Carcharhinus longimanus). NMFS listed oceanic whitetip 
sharks as threatened under the Endangered Species Act (ESA) on January 
30, 2018 (83 FR 4153). In an effort to improve survival of oceanic 
whitetip sharks unintentionally caught in the FEP longline fisheries, 
this rule prohibits the use of wire leaders, specifically steel wire 
line within 1 meter of the hook, in the Hawaii deep-set fishery. Wire 
leaders are difficult for sharks to bite off and free themselves and 
difficult for fishermen to cut from deck height as compared to 
alternative monofilament leaders. The rule also requires, with limited 
exceptions for safety and data collection, that fishermen remove 
fishing gear from any oceanic whitetip shark caught in all longline 
fisheries operating under the FEP. The rule is intended to reduce the 
amount of fishing gear (aka, trailing gear) attached to released 
oceanic whitetip sharks. Long trailing gear reduces survivorship of 
oceanic whitetip sharks unintentionally caught in the fisheries.
    You may find additional background information on this action in 
the preamble to the proposed rule published on January 19, 2022 (87 FR 
2742).

Comments and Responses

    On January 19, 2022, NMFS published a proposed rule, an 
Environmental Assessment (EA), and Regulatory Impact Review (RIR) for 
public comment (86 FR 2742). The comment period ended February 18, 
2022. We received 46 comments from individuals and 2 from 
organizations. In general, all comments supported the proposed rule. 
All comments related to the proposed rule; there were no comments 
directed at analysis presented in the EA or the RIR. We summarize and 
respond to the comments here, combining substantially similar comments.
    Comment 1: Many commenters expressed strong support for the 
proposed rule noting the importance of sharks to marine ecosystem and 
threats to the species, including fisheries interactions and climate 
change.
    Response: NMFS agrees and will continue to manage and regulate 
Federal fisheries for sustainability, and to minimize bycatch, bycatch 
mortality, and interactions with protected species consistent with the 
Magnuson-Stevens Act, the ESA, the FEP, and implementing regulations.
    Comment 2: Several commenters expressed strong support for the 
proposed rule, noting benefits to both marine species and fishing 
industry participants.
    Response: We agree. Building from an industry-led initiative and 
recommendation from the Council, the Council and NMFS developed this 
rule to improve post-hooking survival of threatened oceanic whitetip 
sharks

[[Page 25154]]

while minimizing economic impacts to fishermen. Other species of sharks 
and protected species that are too large to be brought aboard fishing 
vessels to remove fishing gear are expected to benefit as well. The EA 
and RIR evaluated the economic impact of the rule and found the 
potential for an overall reduction in costs to fishermen for gear 
repair and replacement, and potential increase in catchability of 
target fish species like tuna.
    Comment 3: Several commenters suggested handling requirements 
should be extended to all species of sharks and rays that interact with 
longline fisheries, including specific mention of silky sharks.
    Response: This rule is specifically aimed at improving post-hooking 
survival of ESA-listed oceanic whitetip sharks incidentally hooked in 
these longline fisheries and we anticipate a more than 30 percent 
decrease in post-hooking mortality of oceanic whitetip sharks as a 
result. Interactions with silky sharks are rare in FEP longline 
fisheries. NMFS estimates U.S. longline fisheries catch, on average, 
0.8 percent or less of the total silky shark catch in the Western and 
Central Pacific Ocean (WCPO). The species is not listed under the ESA 
and the WCPO stock is not overfished, but it is experiencing 
overfishing. Consistent with requirements of the Magnuson-Stevens Act, 
the Council has made recommendations to the U.S. Secretary of State and 
the U.S. Congress for international actions that will end overfishing 
of silky sharks, taking into account the relative impact of vessels of 
the United States and other nations on the stock. Extending these 
handling regulations to all shark and ray species would exceed the 
purpose and need for the action, but we are optimistic that the ease of 
removing monofilament nylon leaders relative to wire leaders will 
result in less trailing gear on other sharks and other bycatch species, 
particularly animals that are too large to be brought onboard the 
vessel to facilitate release and gear removal. The regulated longline 
fisheries also currently adhere to international shark handling and 
release requirements of regional fisheries management organizations in 
the Pacific to which the United States is a member, including the 
Western and Central Pacific Fisheries Commission (WCPFC) and Inter-
American Tropical Tuna Commission (IATTC). Federal fisheries are 
managed under a suite of requirements designed to reduce the likelihood 
and severity of effects of unintentional and incidental interactions 
with protected and other non-target species, and that allow monitoring 
of interactions. NMFS continually evaluates monitoring and scientific 
information to determine whether they change our understanding of the 
potential effects of our management decisions and prepares supplemental 
environmental analyses, as appropriate.
    Comment 4: Several commenters said all longline fisheries should 
stop using wire leaders, with one noting that because shark fishing is 
now illegal in Hawaii a prohibition on wire leaders is appropriate.
    Response: This rule is intended to prohibit the use of wire leaders 
in the Hawaii deep-set longline fishery. The Hawaii shallow-set and 
American Samoa longline fisheries do not use wire leaders and a 
prohibition is not currently necessary for these fisheries. We note 
that the longline fisheries covered by this rule fish outside Hawaii 
State waters in the Exclusive Economic Zone or Federal waters, 
generally 3-200 nautical miles from shore, around American Samoa, Guam, 
the Commonwealth of the Northern Mariana Islands, Hawaii, the U.S. 
Pacific Remote Island Areas, and on adjacent high seas. Ending the use 
of wire leaders in the only U.S. Pacific longline fishery that uses 
this gear could serve as a model for regional fisheries management 
organizations, like the WCPFC and IATTC, to consider in bycatch 
management for longline fleets of all nations fishing in the Pacific 
Ocean.
    Comment 5: One commenter expressed support for the action to ensure 
a better survival rate of critically endangered species and to prevent 
pollution of the ocean.
    Response: Please see our response to Comments 1-3 above regarding 
expected improvements in post-hooking survival rates. When fishing, all 
longliners occasionally lose hooks, mainline, floats, float lines, and 
branch lines, which include hooks, lead weights, and leaders in the 
deep-set fishery. This derelict longline gear may impact marine benthic 
habitats, especially substrate such as corals if carried by currents to 
shallow depths. Fishermen do try to recover gear, and are normally 
successful. The floats used in the fishery are marked to be visible 
from distance, even at night. We do not expect this rule to change the 
frequency that gear is lost in FEP fisheries, so do not expect an 
increase in the amount of pollution.
    Comment 6: Many commenters noted that the prohibition of wire 
leaders will improve shark survival and safety for fishermen.
    Response: Please see our response to Comments 1-3 above regarding 
shark survival. Prohibiting wire leaders has the potential to decrease 
safety for fishermen because fly backs are more common when using the 
alternative monofilament nylon leaders. As noted in the EA, we are 
working with vessel owners and operators and the Hawaii Longline 
Association (HLA) to educate fishermen about the risks and how to 
minimize them, including training on construction and use of a reusable 
fly back prevention device from inexpensive materials readily available 
on longline vessels.
    Comment 7: One commenter noted the proposed rule does not support a 
prohibition on light sticks.
    Response: Existing regulations prohibit light sticks in the Hawaii 
deep-set longline fishery and they are not the subject of this rule.
    Comment 8: A comment letter, signed by five organizations, 
supported EA alternative 3 that would prohibit wire leaders and require 
specific handling of oceanic whitetip sharks in all longline fisheries 
operating under the FEP for consistency, to ease enforcement, and to 
strengthen U.S. positions in international fishery negotiations.
    Response: As stated in EA section 2.4.2 and described in our 
response to Comment 4 above, the Council's recommendation for 
alternative 2 was based on the determination that a regulatory 
prohibition of wire leaders is not necessary in other FEP fisheries 
because wire leaders are only used in the Hawaii deep-set longline 
fishery. NMFS and the Council attempt to minimize unnecessary 
regulation and focus on achieving the stated purpose and need for any 
action. This rule as described in EA alternative 2, option B, meets the 
purpose and need. There are no consistency or enforcement concerns as 
all three fisheries already have a suite of regulations that are 
fishery specific. International adoption of wire leader prohibitions 
would be beneficial for threatened oceanic whitetip sharks and we hope 
this rule will help influence that; however, consistency in U.S. 
domestic regulations is not a prerequisite to development or adoption 
of U.S. positions or activities related to international fisheries 
management.
    Comment 9: A comment letter, signed by five organizations, 
recommended extending handling requirements to all shark species and 
adding requirements to keep all incidentally caught sharks in the water 
with water flowing over their gills, prohibit gaff use, and require the 
vessel operator to supervise crew during any shark handling. This 
commenter also recommended requiring annual

[[Page 25155]]

shark handling training for all crewmembers, and post a NMFS-approved 
placard with release procedures on all longline vessels. Rationales for 
these recommendations included the Magnuson-Stevens Act requirement to 
minimize bycatch mortality and consistency with shark handling 
guidelines from regional fisheries management organizations.
    Response: Regarding the recommendation to extend handling 
requirements to all shark species, see our response to Comment 3. 
Additional handling requirements such as those suggested were not 
recommended for this action. NMFS and the Council recognize the 
importance of training associated with implementation of this rule, 
particularly regarding crew safety. Owners and operators of longline 
vessels are required to annually attend a NMFS protected species 
workshop where handling requirements and recommendations are reviewed. 
Those workshops provide information to owners and operators to 
distribute to crews, including illustrated protected species handling 
guides in English, Indonesian, Vietnamese, and Tagalog (the languages 
most commonly spoken by fishermen in the FEP fisheries). The HLA also 
provides the same illustrated handling guides online.
    Comment 10: A comment letter, signed by five organizations, 
recommended additional gear requirements including a minimum depth 
requirement of 100 meters for hooks in the Hawaii deep-set longline 
fishery, the use of corrodible non-stainless circle hooks, and a circle 
hook requirement for the American Samoa longline fishery. The stated 
rationales for these recommendations included research that suggests 
removal of shallow hooks could nearly double the mortality rate 
reduction seen with the proposed rule, consistency with other U.S. 
fisheries, ease of enforcement, and strengthening U.S. positions in 
international fishery negotiations for the use of circle hooks in the 
American Samoa fishery and non-stainless hooks in all FEP fisheries.
    Response: Removal of shallow hooks was noted in EA section 2.5 as 
an alternative considered, but rejected from further analysis relative 
to the purpose and need for the action. Although simulation studies 
indicate that removing the shallowest hooks would reduce hooking rates 
of oceanic whitetip sharks, rationales for this rejection included 
difficulty to operationalize and enforce, uncertainty if the approach 
would work including lack of evidence of greater hook depth in the 
American Samoa longline fishery reducing oceanic whitetip shark 
interactions, and removing shallow hooks would be expected to reduce 
revenue in the Hawaii deep-set fishery by $11-13 million annually.
    Non-stainless steel or corrodible hooks were also considered, but 
rejected from further analysis. As stated in EA section 2.5, rationales 
for this rejection included a lack of scientific evidence that hook 
corrosion would improve post-hooking survival and non-stainless steel 
hooks would need to be replaced more frequently, which could result in 
negative economic impacts on the fishery.
    Regulations to require circle hooks in the American Samoa longline 
fishery are unnecessary as circle hooks are already used in that 
fishery. As previously noted, NMFS and the Council seek to minimize 
unnecessary regulations and focus on the achieving the stated purpose 
and need for any action.
    Comment 11: A comment letter, signed by five organizations, 
recommended NMFS ensure that the rule does not negatively impact other 
species, including false killer whales and seabirds. Also recommended a 
minimum diameter of monofilament leaders to ensure that weak hooks for 
false killer whale protection still function properly and that 
monofilament leaders do not reduce the efficacy of weighted branch 
lines in avoiding interactions with seabirds. The stated rationales for 
these recommendations are that only 10 percent of hooks in false killer 
whale interactions are straightening, and increasing seabird 
interactions since 2004.
    Response: Monitoring of FEP longline fisheries will continue in the 
future, including mandatory catch logbooks, required vessel monitoring, 
and NMFS fishery observers. Interactions with protected species are 
tracked and reported quarterly. Changes in rates of protected species 
interactions are analyzed across years and can be used to address the 
efficacy of regulations to mitigate protected species interactions such 
as with false killer whales and seabirds. Starting in 2022, NMFS 
observers will collect additional information regarding elasmobranch 
(shark and ray) interactions, including handling methods and length of 
trailing gear. With respect to leader diameter, NMFS specifies 
regulations to mitigate false killer whale interactions at 50 CFR 
229.37 including minimum leader and branch line diameters and breaking 
strengths.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the FEP, other provisions of the Magnuson-Stevens Act, 
and other applicable law.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel 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. NMFS received no comments 
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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 665

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

    Dated: April 22, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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

[[Page 25156]]

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 50 CFR 300.226, 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, the branch line must be cut as close 
to the hook as possible.
    (b) Paragraph (a) of this section does not apply if doing so would 
compromise the safety of any persons or 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 50 CFR 300.226.

0
5. In Sec.  665.813 revise paragraph (d) to read as follows:


Sec.  665.813   Western Pacific longline fishing restrictions.

* * * * *
    (d) Vessels 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 lines less than 20 meters in length, longline 
gear with metal wire line within 1 meter of the hook, or light sticks. 
As used in this paragraph ``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. 2022-09052 Filed 4-27-22; 8:45 am]
BILLING CODE 3510-22-P