[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Proposed Rules]
[Pages 24416-24422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07140]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 240329-0093]
RIN 0648-BK89


Atlantic Highly Migratory Species; Updates Regarding Sea Turtle 
Careful Release Equipment and Techniques

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

[[Page 24417]]


ACTION: Proposed rule; request for comments.

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SUMMARY: This proposed rule would update the Atlantic highly migratory 
species (HMS) regulations regarding the sea turtle safe handling and 
release requirements and equipment in the HMS pelagic and bottom 
longline fisheries. These proposed updates are based on two technical 
memoranda published by NMFS' Southeast Fisheries Science Center (SEFSC) 
in order to replace some of the more technical terms with those that 
are more commonly used, add more detail to make the regulations more 
understandable, and add additional tools or options for fishermen to 
use to safely handle and release sea turtles. In addition, this 
proposed rule would simplify the regulations by removing redundancies, 
making minor changes in formatting, and revising wording to clarify 
responsibility of implementation.

DATES: Written comments must be received by May 8, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0046. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0046, by 
electronic submission. Submit all electronic public comments via the 
Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0046 in the search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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 
https://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).
    Documents related to HMS fisheries management, such as the 2006 
Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated 
HMS FMP) and its amendments, and the referenced technical memoranda, 
are available from the HMS Management Division website at https://www.fisheries.noaa.gov/resource/outreach-materials/atlantic-highly-migratory-species-safe-handling-release-and. These documents are also 
available upon request from the HMS Management Division by phone at 
301-427-8503.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected], 
or Steve Durkee, [email protected]; 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
2006 Consolidated HMS FMP and its amendments, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing 
regulations are at 50 CFR part 635. The sea turtle handling and release 
requirements and equipment are located at Sec.  635.21(b), (c), and 
(d).

Background

    The original safe handling and release gear requirements were 
implemented in an interim final rule on March 30, 2001 (66 FR 17370). 
New sea turtle bycatch and bycatch mortality mitigation measures for 
all Atlantic vessels that have pelagic longline gear on board were 
published in a final rule on July 6, 2004 (69 FR 40734). Two technical 
memoranda (TM) were published by the Southeast Fisheries Science Center 
(SEFSC) in 2019: NMFS-SEFSC TM735: ``Careful Release Protocols for Sea 
Turtle Release with Minimal Injury,'' and NMFS-SEFSC TM738: ``Design 
Standards and Equipment for Careful Release of Sea Turtles Caught in 
Hook-and-Line Fisheries.'' The SEFSC developed these memoranda based 
upon field-testing of equipment, user feedback, feedback from 
observers, and product design updates resulting from experiments and 
observations subsequent to experiments in the Northeast Distant (NED) 
statistical reporting area that informed the 2004 regulations. NMFS 
believes that it would be helpful to revise the existing regulations in 
light of the 2019 technical memoranda. Based on those memoranda, this 
proposed rule would modify the regulations at 50 CFR 635.21(c) by: (1) 
adding additional options for tools and procedures for fishermen to use 
to safely handle and release sea turtles; (2) replacing some of the 
more technical terms with those that are more commonly used; (3) adding 
more detail to make the regulations more understandable; and (4) 
simplifying the regulations by removing redundancies.
    Under the proposed rule, fishermen would be able to continue using 
existing, approved sea turtle bycatch mitigation equipment. The 
proposed rule would also provide alternative tools or approaches for 
safe handling and release of sea turtles. For example, Sec.  
635.21(c)(5)(i)(E) currently requires that a dipnet meeting minimum 
design standards be carried on board pelagic longline vessels. Proposed 
Sec.  635.21(c)(5)(i)(E) provides that either the dipnet or a 
collapsible hoop net or turtle hoists can be used to meet the 
regulatory requirement and provides specifications for these devices. 
As another example, Sec.  635.21(c)(5)(i)(L)(1) currently describes how 
fishermen can use a block of hard wood to keep a turtle's mouth open 
and provide an example of a wire shoe brush with the wires removed as 
something fishermen could use. Proposed Sec.  635.21(c)(5)(i)(L)(1) 
explains that the block of wood could be a wooden hammer handle 
(without the head attached) as long as the wood does not splinter under 
pressure. Similarly, Sec.  635.21(c)(5)(i)(L)(5) currently require 
using a hank of braided nylon rope to gag open a sea turtle's mouth. 
This rule would remove the requirement that the hank of rope be nylon 
and instead only requires the rope to be soft and braided.
    To clarify the relevant regulations, NMFS would replace or add 
descriptions for some of the technical terms throughout Sec.  
635.21(c). For example, at Sec.  635.21(c)(5)(i)(B), the regulations 
currently use the words ``ingested'' and ``barb'' in regard to hooks. 
This proposed rule would replace those words with ``internal'' and 
``point.'' NMFS believes this change would make the regulations more 
understandable and explain the intent more clearly. Specifically, the 
current paragraph is titled ``Long-handled dehooker for ingested 
hooks.'' The proposed modification would revise the title to be ``Long-
handled dehooker for internal hooks.'' Similarly, further in the 
paragraph, the regulations state ``. . . The design must shield the 
barb of the hook and prevent it from re-engaging during the removal 
process . . .'' (50 CFR 635.21(c)(5)(i)(B)). With the change, that same 
sentence would read ``. . . The design must shield the point of the 
hook and prevent it from re-engaging during the removal process . . 
.''.
    At Sec.  635.21(c)(5)(i)(H), the heading of ``external hooks'' 
would be replaced with ``Short-handled dehooker for external hooks'' to 
fully describe what is referred to in that section. Similarly, at Sec.  
635.21(c)(5)(i)(K), the regulations describe how line cutters must be 
used to remove fishing line. This proposed rule would clarify that 
fishing line includes netting and entangling line.

[[Page 24418]]

    This proposed rule would simplify the regulations by removing 
redundancies. For example, paragraphs Sec.  635.21(c)(2)(iv)(C) through 
(G) refer to and repeat many of the requirements that are in paragraph 
(c)(5). This rule would remove redundant language and instead refers 
directly to paragraph (c)(5). This rule would make minor changes to 
create consistency between paragraph headings by formatting paragraph 
headings to be italicized. Lastly, this rule would modify some 
instances of the word ``operator'' to the phrase ``owner and operator'' 
to clarify the responsibility of implementation.
    This proposed rule would amend a number of regulations at 50 CFR 
part 635.21 paragraphs (b), (c), and (d) regarding sea turtle safe 
handling and release requirements for HMS pelagic longline and bottom 
longline fisheries according to the technical memoranda. In summary, as 
described above, fishermen would be able to continue using existing, 
approved sea turtle bycatch mitigation equipment. This proposed rule 
replaces some of the more technical terms with those that are more 
commonly used, adds more detail to make the regulations more 
understandable, and adds additional tools or options for fishermen to 
use to safely handle and release sea turtles. This proposed rule would 
also simplify the regulations by removing redundancies, making minor 
changes in formatting, and revising wording to clarify responsibility 
of implementation.
    The needed regulatory changes are minor, and existing requirements 
would remain substantively unchanged. All previously authorized tools 
and gear removal protocols are still approved for use.

Request for Comments

    NMFS is requesting comments on this proposed rule which may be 
submitted via https://www.regulations.gov. NMFS solicits comments on 
this action by May 8, 2024 (see DATES and ADDRESSES).

Classification

    Pursuant to section 304(g) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the 2006 Consolidated HMS FMP and its amendments, other 
provisions of the Magnuson-Stevens Act, ATCA, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council 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. 
NMFS established a small business size standard of $11 million in 
annual gross receipts for all businesses in the commercial fishing 
industry (North American Industry Classification System 11411) for 
Regulatory Flexibility Act (RFA) compliance purposes. NMFS considers 
all HMS permit holders to be small entities because they had average 
annual receipts of less than their respective sector's standard of $11 
million and $14 million. Regarding those entities that would be 
directly affected by the proposed measures, the average revenue for the 
entire Atlantic shark commercial fishery from 2017 through 2021 is 
$2,579,228, which is well below the NMFS small business size standard 
for commercial fishing businesses of $11 million. The average annual 
revenue per active pelagic longline vessel is estimated to be $222,000, 
also well below the small business size standard. While the entire 
pelagic longline fishery (approximately 82 active vessels) produced an 
estimated $18.2 million in revenue in 2020, no single pelagic longline 
vessel has exceeded $11 million in revenue in recent years. 
Additionally, HMS bottom longline commercial fishing vessels typically 
earn less revenue than pelagic longline vessels and, thus, would also 
be considered small entities.
    Under this proposed rule, all previously-authorized tools and gear 
removal protocols would remain approved for use. The proposed rule 
merely provides other options for complying with sea turtle safe 
handling and release requirements. Fishermen do not need to change 
existing gear or practices. If they opted to do so, the costs of some 
new equipment would be the same or similar to what is currently 
required and in use. In some cases, the costs of new equipment may be 
more than what is currently in use (e.g., turtle hoist versus dipnet), 
but fishermen have the option of continuing to use the previously 
approved equipment. Thus, the affected entities would not experience 
any negative, direct economic impacts as a result of this rule. 
Accordingly, no initial regulatory flexibility analysis is required, 
and none has been prepared. NMFS invites comment from the public on the 
information in this certification and the determination that the impact 
on entities affected by the proposed rule will not be significant.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.


    Dated: April 1, 2024.
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 635 to read as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec.  635.21:
0
a. Revise paragraphs (b)(3) and (c)(2)(iv)(C);
0
b. Remove paragraphs (c)(2)(iv)(D) through (G);
0
c. Revise paragraphs (c)(5) introductory paragraph, (c)(5)(i)(B) 
through (L), (c)(5)(i)(M)(1) and (2), (c)(5)(ii), (c)(5)(iii) 
introductory text, and (d)(2) introductory text.
    The revisions read as follows.


Sec.  635.21   Gear operation and deployment restrictions.

* * * * *
    (b) * * *
    (3) When a marine mammal or sea turtle is hooked or entangled by 
pelagic or bottom longline gear, the owner and operator of the vessel 
must immediately release the animal, retrieve the pelagic or bottom 
longline gear, and move at least 1 nmi (2 km) from the location of the 
incident before resuming fishing. Similarly, when a smalltooth sawfish 
is hooked or entangled by bottom longline gear, the operator of the 
vessel must immediately release the animal, retrieve the bottom 
longline gear, and move at least 1 nmi (2 km) from the location of the 
incident before resuming fishing. Reports of marine mammal 
entanglements must be submitted to NMFS consistent with regulations in 
Sec.  229.6 of this title.
* * * * *
    (c) * * *
    (2) * * *
    (iv) * * *
    (C) All sea turtle bycatch mitigation measures specified in 
paragraph (c)(5) of this section, except for the mitigation measures 
specified in paragraphs (c)(5)(iii)(B) and (C) of this section, as

[[Page 24419]]

these paragraphs specify bait, hook size, and hook type requirements 
for vessels fishing outside the NED as defined in Sec.  635.2. Instead, 
persons on board the vessel must comply with hook size and type 
requirements in paragraph (c)(2)(iv)(A) of this section and bait 
restrictions in paragraph (c)(2)(iv)(B) of this section.
* * * * *
    (5) The owner and operator of a vessel permitted or required to be 
permitted under this part and that has pelagic longline gear on board 
must undertake the following sea turtle bycatch mitigation measures:
    (i) * * *
    (B) Long-handled dehooker for internal hooks. A long-handled 
dehooking device is intended to remove internal hooks from sea turtles 
that cannot be boated. It should also be used to engage a loose hook 
when a 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. One long-handled device, 
meeting the minimum design standards as described below, is required on 
board to remove internal hooks. The minimum design standards are as 
follows:
    (1) Hook removal device. Marine-grade stainless steel (316 L or 304 
L) or similar (i.e., designed to resist corrosion during exposure to 
saltwater) must be used for all components. The hook removal device 
must be constructed of three-sixteenths to five-sixteenths of an inch 
(4.76-7.94 mm) marine-grade stainless steel and have a dehooking end no 
larger than 1\7/8\-inch (4.76-cm) outside diameter. The device must 
securely engage and control the leader while shielding the point of the 
hook to prevent the hook from re-engaging during removal. The hook 
removal device must not have any unprotected points (including blunt 
ones), as these could cause injury to the mouth and esophagus during 
hook removal. The device must be of a size appropriate to secure the 
range of hook sizes and styles used in the pelagic longline fishery 
targeting swordfish and tuna.
    (2) Extended reach handle. The dehooking end must be securely 
fastened to an extended reach handle or pole with a minimum length 
equal to or greater than 150 percent of the height of the vessel's 
freeboard, or 6 ft (1.83 m), whichever is greater. It is recommended, 
but not required, that the handle break down into sections. The handle 
must be sturdy and strong enough to facilitate the secure attachment of 
the hook removal device.
    (C) Long-handled dehooker for external hooks. A long-handled 
dehooker, meeting the minimum design standards, is required on board 
for use on externally hooked sea turtles that cannot be boated. The 
long-handled dehooker for internal hooks described in paragraph 
(c)(5)(i)(B) of this section meets this requirement. The minimum design 
standards are as follows:
    (1) Hook removal device. Marine-grade stainless steel (316 L or 304 
L) or similar (i.e., designed to resist corrosion during exposure to 
saltwater) must be used for all components on any style of long-handled 
dehooker. If utilizing a wire-style dehooker (e.g., a pigtail or J-
style dehooker), the long-handled dehooker must be constructed of 
three-sixteenths to five-sixteenths of an inch (4.76-7.94 mm) marine-
grade stainless steel. All long-handled dehookers must have a dehooking 
end no larger than 1\7/8\-inch (4.76-cm) outside diameter. Smaller 
dehooking ends may be appropriate when encountering small turtles. A 5-
inch (12.7-cm) tube T-handle of 1-inch (2.54-cm) outside diameter is 
recommended, but not required. The design must be such that a fish hook 
can be rotated out, without pulling it out at an angle, as described in 
paragraphs (c)(5)(ii)(B) and (C) of this section, and in the NMFS-SEFSC 
TM-735 Careful Release Protocols. The dehooking end must be blunt with 
all edges rounded. The device must be of a size appropriate to secure 
the range of hook sizes and styles used in the pelagic longline fishery 
targeting swordfish and tuna.
    (2) Extended reach handle. The dehooking end must be securely 
fastened to an extended reach handle or pole. The handle must be a 
minimum length equal to or greater than 150 percent of the height of 
the vessel's freeboard or 6 ft (1.83 m), whichever is greater.
    (D) Long-handled device to pull an ``inverted V.'' This tool is 
used to pull a ``V'' in the fishing line when implementing the 
``inverted V'' dehooking technique, as described in paragraph 
(c)(5)(ii)(C) of this section and in the NMFS-SEFSC TM-735 Careful 
Release Protocols, for disentangling and dehooking entangled sea 
turtles. One long-handled device to pull an ``inverted V'', meeting the 
minimum design standards, is required on board. If a 6 ft (1.83 m) or 
longer J-style dehooker is used to comply with paragraph (c)(5)(i)(C) 
of this section, it will also satisfy this requirement. Minimum design 
standards are as follows:
    (1) Hook end. This device, such as a standard boat hook, gaff, or 
long-handled J-style dehooker must be constructed of stainless steel or 
aluminum. A sharp point, such as on a gaff hook, is to be used only for 
holding the monofilament fishing line and must never contact the sea 
turtle.
    (2) Extended reach handle. The handle must have a minimum length 
equal to or greater than 150 percent of the height of the vessel's 
freeboard, or 6 ft (1.83 m), whichever is greater. The handle must be 
sturdy and strong enough to facilitate the secure attachment of the 
gaff hook.
    (E) Boating the turtle. A device to bring incidentally caught sea 
turtles aboard the vessel must be carried on board the vessel 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 never be brought on board without a net or 
hoist. Using the involved fishing gear to raise the turtle can result 
in serious injury. The following devices are options to meet this 
requirement.
    (1) Dipnet. The dipnet must have a sturdy net hoop of at least 31 
inches (78.74 cm) of inside diameter and a bag depth of at least 38 
inches (96.52 cm) to accommodate turtles below 3 ft (91.44 cm) carapace 
length. The bag mesh openings may not exceed 3 inches (7.62 cm) bar 
measure, defined as the non-stretched distance between a side knot and 
a bottom knot of a net mesh (also known as the square mesh 
measurement). There must be no sharp edges or burrs on the hoop, or 
where the hoop is attached to the handle. The dipnet hoop must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to, or greater than, 150 percent of the height of the 
vessel's freeboard, or at least 6 ft (1.83 m), whichever is greater. 
The handle must be made of a rigid material strong enough to facilitate 
the sturdy attachment of the net hoop and able to support a minimum of 
100 lb (45.36 kg) without breaking or significant bending or 
distortion. It is recommended, but not required, that the extended 
reach handle break down into sections.
    (2) Collapsible hoop net. The collapsible hoop net frame must be 
constructed of stiff wire cable that coils to compress the size for 
storage. This device must have a minimum 31-inch (78.74-cm) inside 
diameter and a bag depth of at least 38 inches (96.52 cm) to 
accommodate turtles up to 3 ft (91.44 cm) in straight carapace length. 
The bag mesh openings may not exceed 3 inches (7.62 cm) bar measure, 
defined as the non-stretched distance between a side knot and a bottom 
knot of a net mesh (also known as the square mesh

[[Page 24420]]

measurement). There must be no sharp edges or burrs on the hoop. The 
device must be capable of lifting at least 100 lb (45.36 kg). No 
extended reach handle is needed on this type of net, although the rope 
handle length must be 6 ft (1.83 m) or 150 percent of freeboard height, 
whichever is greater.
    (3) Turtle hoist. A turtle hoist consists of a supportive frame 
with mesh netting. A turtle hoist can be used to bring turtles on board 
that cannot be boated using a dipnet or collapsible hoop net. The two 
sizes that meet the design standards are described in paragraphs 
(c)(5)(ii)(E)(3)(i) and (ii) of this section. The size of the turtle 
hoist used should match the size of turtles encountered.
    (i) Small turtle hoist. The frame must be capable of supporting at 
least 100 lb (45.36 kg), with a minimum inside diameter of 31 inches 
(78.74 cm) to accommodate turtles up to 3 ft (91.44 cm) straight 
carapace length. This frame can be hinged or otherwise designed so that 
it can be folded for ease of storage as long as it can be quickly 
reassembled. If the frame is designed to fold or break down for 
storage, the hardware must be self-contained (e.g., barrel bolts on 
both sides to lock down frame with no loose pieces like through bolts 
and nuts), and there must be no sharp edges. The shape of the frame 
does not matter (e.g., round, square, rectangular, or a ``U-shaped'' or 
``J-shaped'' basket) as long as it meets the required specifications 
and securely contains the turtle. The frame may be constructed of 
heavy-duty stainless steel tubing welded into shape or polyvinyl 
chloride (PVC) pipe (recommended 2-inch (5.08-cm) diameter with a 
required minimum strength of Schedule 40) connected and glued at the 
corners using 90[deg] elbow fittings. PVC pipes can be drilled to 
facilitate water drainage for ease of hauling. A shallow bag net with 
mesh openings not to exceed 3 x 3 inches (7.62 x 7.62 cm) (bar measure) 
must be securely affixed to the frame, and lines (e.g., polypropylene, 
nylon, polyester) must be securely attached to each corner to control 
and retrieve the frame and net. The lines can be operated using a 
pulley system if available on the vessel. No rigid extended reach 
handle is needed on this type of net, although the rope handle length 
must be 6 ft (1.83 m) or 150 percent of freeboard height, whichever is 
greater.
    (ii) Large turtle hoist. The large turtle hoist should be capable 
of lifting a minimum of half a ton. The structure of the hoist should 
consist of three circular aluminum bar rings (top, middle, and bottom) 
connected with mesh and spokes. The hoist should be designed so that 
when on board, the turtle is suspended above the deck on a platform of 
mesh netting (8 mm, 6.5 inches (16.51 cm) stretch knotless 600-ply 
polyethylene netting) stretched across the middle ring. The turtle 
should be contained within a webbing fence (at least 18 inches (45.72 
cm) high) which is supported by the top and middle rings and made of 3 
mm, 4.7 inches (11.94 cm) stretch mesh braided polyethylene webbing, 
and wrapped along the top ring with half-inch (1.27-cm) polypropylene 
rope. The top and middle rings (1\3/4\ inch (4.45 cm) 50 series 
aluminum round bar) should be 7 ft and 6 inches (2.29 m) in diameter. 
The bottom ring (1\1/2\ inches (3.81 cm) 50 series aluminum round bar) 
should be 4 ft (1.22 m) in diameter. The middle and bottom rings are 
connected using 12 spoke braces (~23 inches (58.42 cm) long, 1 inch 
(2.54 cm) round 50 series aluminum round bar or 6061 T6 1 inch (2.54 
cm) Schedule 40 pipe) angled at ~25[deg] and welded in place with an 
appropriate welding wire (5052, 6061 or 3003 wire). Rubber cookies (8 x 
2\1/2\ inches (20.32 x 6.35 cm), 4 per each of 12 sections) may be used 
on the middle ring to facilitate rolling the hoist up the side of the 
vessel and to cushion impact of the hoist against the side of the 
vessel. When deployed in rough seas, the hoist should be held to the 
side of the vessel to prevent swinging and collision with the vessel 
hull. A 3- or 4-point bridle is attached to the top ring using pair 
links and three-quarter-inch (1.91-cm) nylon 3-strand line, and a 
hydraulic lift is used to bring hoist aboard.
    (F) Cushion/support device for boated turtles. Each vessel is 
required to carry a device that effectively cushions and supports a sea 
turtle while it is on board. The device used must be appropriately 
sized to support the sea turtle encountered. The device must be 
puncture proof (e.g., no inner tubes, pool toys) and cannot be a 
primary safety device (e.g., primary life ring or life jacket dedicated 
to personnel on board). Examples that meet current design standards 
include:
    (1) A standard automobile tire. A standard (not from a truck or 
heavy equipment) passenger vehicle tire not mounted on a rim and free 
of exposed steel belts, is effective for supporting a turtle in an 
upright orientation while it is on board. An assortment of sizes is 
recommended to accommodate a range of turtle sizes. If the turtle is 
too large for the tire, it must be contained and supported on an 
alternative cushioned surface.
    (2) Boat cushion. A standard boat cushion can effectively support 
smaller turtles.
    (3) Large turtle hoist. This style is recommended for supporting 
large turtles such as leatherbacks, which need a supportive platform 
while on board. The large turtle hoist described in paragraph 
(c)(5)(i)(E)(3)(ii) of this section satisfies this requirement.
    (G) Short-handled dehooker for internal hooks. One short-handled 
device, meeting the minimum design standards, is required on board for 
removing hooks that are internal or ingested. This dehooker is designed 
to remove internal hooks from boated sea turtles. It can also be used 
on external hooks or hooks in the front of the mouth. Minimum design 
standards are as follows:
    (1) Hook removal device. Unless otherwise noted, all components 
must be made of marine-grade stainless steel (316 L or 304 L). If 
utilizing a wire-style dehooker (e.g., a pigtail or J-style dehooker), 
the hook removal device must be constructed of three-sixteenths to 
five-sixteenths of an inch (4.76-7.94 mm) marine-grade stainless steel 
(316 L or 304 L) rod and have a dehooking end no wider than 1\7/8\ 
inches (4.76 cm) total width. The end must allow the hook to be secured 
and the point to be shielded without re-engaging during the removal 
process. It may not have any unprotected terminal points or sharp 
edges, as this could cause injury to the esophagus during hook removal. 
A sliding PVC bite block must be used to protect the beak and 
facilitate hook removal if the turtle bites down on the dehooking 
device. The bite block should be constructed of a three-quarter- to 1-
inch (1.91-2.54 cm) inside diameter high-impact plastic cylinder (e.g., 
Schedule 80 PVC) that is 4-6 in (10.16-15.24 cm) long to allow for at 
least 5 inches (12.7 cm) of slide along the shaft. The device must be 
of a size appropriate to secure the range of hook sizes and styles used 
in the pelagic longline fishery targeting swordfish and tuna.
    (2) Handle length. The handle must be 16-24 inches (40.64-60.96 cm) 
in length, with a tube T-handle, wire loop handle, or similar type of 
handle that is approximately 4-6 inches (10.16-15.24 cm) long.
    (H) Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks, meeting the minimum design standards, is 
required on board. The short-handled dehooker for internal hooks 
required to comply with paragraph (c)(5)(i)(G) of this section will 
also satisfy this requirement. Minimum design standards are as follows:
    (1) Hook removal device. Marine-grade stainless steel (316 L or 304 
L) must be used for all components. If

[[Page 24421]]

utilizing a wire-style dehooker (e.g., a pigtail or J-style dehooker), 
the dehooker must be constructed of three-sixteenths to five-sixteenths 
of an inch (4.76-7.94 mm) marine-grade stainless steel (316 L or 304 L) 
and have a dehooking end no wider than 1\7/8\ inches (4.76 cm) total 
width. The design must be such that a hook can be rotated out without 
pulling it out at an angle. The dehooking end must be blunt, and all 
edges rounded. The device must be of a size appropriate to secure the 
range of hook sizes and styles used in the pelagic longline fishery 
targeting swordfish and tuna.
    (2) Handle length. The handle must be 16-24 inches (40.64-60.96 cm) 
long with a tube T-handle, wire loop handle, or similar type of handle 
that is approximately 4-6 inches (10.16-15.24 cm) long.
    (I) Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers is required to be on board. Such pliers must be a 
minimum of 11 inches (27.94 cm) in length, and should be constructed of 
stainless steel material or other material designed to resist corrosion 
during exposure to saltwater. The pliers can be used to remove embedded 
hooks from the turtle's flesh or hooks in the front of the mouth. The 
pliers are also useful for holding PVC splice couplings in place as 
mouth openers.
    (J) Bolt cutters. One pair of bolt cutters is required on board. 
Such bolt cutters must be a minimum of 14 inches (35.56 cm) in total 
length, with a minimum of 4 inches (10.16 cm) long blades that are a 
minimum of 2\1/4\ inches (5.72 cm) wide, when closed, and with 10- to 
13-inch (25.40- to 33.02-cm) long handles. Such bolt cutters must be 
able to cut hard metals, such as stainless or carbon steel hooks, up to 
a quarter inch (6.35 mm) in diameter, and they must be capable of 
cutting through the hooks used on a vessel. The required bolt cutters 
may be used to cut hooks to facilitate their removal. They should be 
used to cut off the eye or point of a hook, so that it can safely be 
pushed through a sea turtle without causing further injury. They should 
also be used to cut off as much of the hook as possible, when the 
remainder of the hook cannot be removed.
    (K) Monofilament line cutters. One pair of monofilament line 
cutters is required on board. Such monofilament line cutters must be a 
minimum of 6 inches (15.24 cm) in overall length. The blades must be 1 
inch (2.54 cm) in length and five-eighths inch (1.59 cm) wide, when 
closed, and are recommended to be coated with Teflon (a trademark owned 
by E.I. DuPont de Nemours and Company Corp.). The line cutters must be 
used to remove netting, entangling line, or fishing line as close to 
the eye of the hook as possible, if the hook is swallowed or cannot be 
removed safely.
    (L) Mouth openers/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 boated turtles. They must allow access to the hook 
or line without causing further injury to the turtle. Design standards 
are included in the item descriptions. At least two of the seven 
different types of mouth openers/gags described below are required on 
board the vessel:
    (1) A block of hard wood. Placed in the corner of the jaw, a block 
of hard wood may be used to gag open a turtle's mouth. A smooth block 
of hard wood of a type that does not splinter (e.g., maple) with 
rounded edges must be sanded smooth. The dimensions should be 
appropriately sized for the size of turtles that may be caught or 
approximately 10 x 0.75 x 0.75 inches (25.40 x 1.91 x 1.91 cm). A long-
handled, wire shoe brush with a wooden handle, and with the wires 
removed, is an inexpensive, effective and practical mouth-opening 
device that meets these requirements. A wooden hammer handle (without 
the head attached) may also be suitable, provided it is made from wood 
that does not splinter under pressure (e.g., ash, maple).
    (2) A set of three canine mouth gags. Canine mouth gags are highly 
recommended to hold a turtle's mouth open, because the gag locks into 
an open position to allow for hands-free operation after it is in 
place. A set of canine mouth gags must include one of each of the 
following sizes: small (5 in; 12.7 cm), medium (6 in; 15.24 cm), and 
large (7 in; 17.78 cm). They must be constructed of stainless steel.
    (3) A set of two sturdy dog chew bones. Placed in the corner of a 
turtle's jaw, canine chew bones are used to gag open a sea turtle's 
mouth. Required canine chews must be constructed of durable nylon, 
zylene resin, or thermoplastic polymer, and strong enough to withstand 
biting without splintering. To accommodate a variety of turtle beak 
sizes, a set must include one large (5.5-8 inches (13.97-20.32 cm) in 
length) and one small (3.5-4.5 inches (8.89-11.43 cm) in length) canine 
chew bone.
    (4) A set of two rope loops covered with hose. A set of two rope 
loops covered with a piece of hose or flexible tubing can be used as a 
mouth opener, and to keep a turtle's mouth open during hook and/or line 
removal. A required set consists of two 3-ft (91.44-cm) lengths of poly 
braid rope (three-eighths of an inch (9.53 mm) in diameter is 
suggested), each covered with an 8-inch (20.32-cm) section of half-inch 
(1.27-cm) or three-quarter-inch (1.91-cm) light-duty garden hose or 
flexible tubing, and each tied into a loop. The upper loop of rope 
covered with hose is secured on the upper beak to give control with one 
hand, and the second piece of rope covered with hose is secured on the 
lower beak to give control with the user's foot.
    (5) A hank of rope. Placed in the corner of a turtle's jaw, a hank 
of rope can be used to gag open a sea turtle's mouth. A 6-ft (1.83-m) 
lanyard with a minimum of three-sixteenths-inch (4.76-mm) braided soft 
rope may be folded to create a hank, (or a coiled or looped bundle), of 
rope. Any size braided soft rope is allowed; however, it must create a 
hank of approximately 2-4 inches (5.08-10.16 cm) in thickness.
    (6) A set of four PVC splice couplings. PVC splice couplings can be 
positioned inside a turtle's mouth to allow access to the back of the 
mouth for hook and line removal. They are to be held in place with the 
needle-nose pliers. To ensure proper fit and access, a required set 
must consist of the following Schedule 40 PVC splice coupling sizes: 1 
inch (2.54 cm), 1\1/4\ inches (3.18 cm), 1\1/2\ inches (3.81 cm), and 2 
inches (5.08 cm).
    (7) A large avian oral speculum. A large avian oral speculum 
provides the ability to hold a turtle's mouth open and to control the 
head with one hand, while removing a hook with the other hand. The 
avian oral speculum must be 9 inches (22.86 cm) long and constructed of 
three-sixteenths-inch (4.76-mm) wire diameter surgical stainless steel 
(Type 304). It must be covered with 8 inches (20.32 cm) of clear vinyl 
tubing (five-sixteenths-inch (7.94-mm) outside diameter, three-
sixteenths-inch (4.76-mm) inside diameter), friction tape, or similar 
material to pad the surface.
    (M) * * *
    (1) Turtle tether and extended reach handle. Approximately 15-20 ft 
(4.57-6.10 m) of half-inch (1.27 cm) hard lay negative buoyancy line or 
similar is used to make an approximately 30-inch (76.2-cm) loop to slip 
over the flipper. The line is fed through a three-quarter-inch (1.91-
cm) inside diameter fair lead, eyelet, or eyebolt at the working end of 
a pole and through a three-quarter-inch (1.91-cm) eyelet or eyebolt in 
the midsection. A half-inch (1.27-cm) quick release cleat holds the 
line in place near the end of the pole. A final three-

[[Page 24422]]

quarter-inch (1.91-cm) eyelet or eyebolt should be positioned 
approximately 7 inches (17.78 cm) behind the cleat to secure the line, 
while allowing a safe working distance to avoid injury when releasing 
the line from the cleat. The line must be securely fastened to an 
extended reach handle or pole with a minimum length equal to, or 
greater than, 150 percent of the height of the vessel's freeboard, or a 
minimum of 6 ft (1.83 m), whichever is greater. There is no restriction 
on the type of material used to construct this handle, as long as it is 
sturdy. The handle must include a tag line to attach the tether to the 
vessel to prevent the turtle from breaking away with the tether still 
attached.
    (2) Ninja sticks and extended reach handles. Approximately 30-35 ft 
(9.14-10.67 m) of one-half to five-eighths of an inch (1.27-1.59 cm) of 
soft lay polypropylene line, nylon line or similar line is fed through 
2 PVC conduit, fiberglass, or similar sturdy poles and knotted using an 
overhand (recommended) knot at the end of both poles or otherwise 
secured. There should be approximately 18-24 inches (45.72-60.96 cm) of 
exposed rope between the poles to be used as a working surface to 
capture and secure the flipper. Knot the line at the ends of both poles 
to prevent line slippage if they are not otherwise secured. The 
remaining line is used to tether the apparatus to the boat unless an 
additional tag line is used. Two lengths of sunlight resistant three-
quarter-inch (1.91-cm) schedule 40 PVC electrical conduit, fiberglass, 
aluminum, or similar material should be used to construct the apparatus 
with a minimum length equal to, or greater than, 150 percent of the 
height of the vessel's freeboard, or 6 ft (1.83 m), whichever is 
greater.
    (ii) * * *
    (A) Sea turtle bycatch mitigation gear and protocols. Sea turtle 
bycatch mitigation gear, as required by paragraphs (c)(5)(i)(A) through 
(D) of this section, must be used to disengage any hooked or entangled 
sea turtles that cannot be brought on board. Sea turtle bycatch 
mitigation gear, as required by paragraphs (c)(5)(i)(E) through (M) of 
this section, must be used to facilitate access, safe handling, 
disentanglement, and hook removal or hook cutting of sea turtles that 
can be brought on board, where feasible. Sea turtles must be handled, 
and bycatch mitigation gear must be used, in accordance with the 
careful release protocols and handling/release guidelines specified in 
paragraphs (c)(5)(ii)(B) and (C) of this section, and in accordance 
with the onboard handling and resuscitation requirements specified in 
50 CFR 223.206(d)(1).
    (B) Boated turtles. When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet, collapsible hoop net, or turtle hoist, as required by paragraph 
(c)(5)(i)(E) of this section. All turtles less than 3 ft (91.44 cm) 
carapace length must be boated, if sea conditions permit. Turtles must 
be lifted and carried by holding the front and back of the carapace 
(shell) or by holding the shell by both sides. A turtle must be cradled 
while holding the shell and base of the flippers. A turtle must never 
be lifted or dragged by the flippers when it is brought on board, 
handled on deck, or released.
    (1) A boated turtle must be placed on a device that effectively 
cushions and supports a sea turtle while it is on board, as described 
in paragraph (c)(5)(i)(F) of this section. The turtle must be in an 
upright orientation to immobilize it and facilitate gear removal. Then, 
it should be determined if the hook can be removed without causing 
further injury.
    (2) All externally embedded hooks must be removed, unless hook 
removal would result in further injury to the turtle. No attempt to 
remove a hook should be made if it has been swallowed and the insertion 
point is not visible, or if it is determined that removal would result 
in further injury.
    (3) If a hook cannot be removed, as much line as possible must be 
removed from the turtle using monofilament cutters as required by 
paragraph (c)(5)(i)(K) of this section, and the hook should be cut as 
close as possible to the insertion point before releasing the turtle, 
using bolt cutters as required by paragraph (c)(5)(i)(J) of this 
section.
    (4) If a hook can be removed, an effective technique may be to cut 
off either the barb, or the eye, of the hook using bolt cutters, and 
then to slide the hook out. When the hook is visible in the front of 
the mouth, a mouth-opener, as required by paragraph (c)(5)(i)(L) of 
this section, may facilitate opening the turtle's mouth and a gag may 
facilitate keeping the mouth open. Short-handled dehookers for internal 
hooks, long-nose pliers, or needle-nose pliers, as required by 
paragraphs (c)(5)(i)(H) and (I) of this section, should be used to 
remove visible hooks from the mouth that have not been swallowed, as 
appropriate.
    (5) As much gear as possible must be removed from the turtle 
without causing further injury prior to its release. Refer to the 
careful release protocols and handling/release guidelines required in 
this paragraph (c)(5)(ii)(B), and the handling and resuscitation 
requirements specified in 50 CFR 223.206(d)(1), for additional 
information.
    (C) Non-boated turtles. If a sea turtle is too large, or hooked in 
a manner that precludes safe boating without causing further damage or 
injury to the turtle, sea turtle bycatch mitigation gear required by 
paragraphs (c)(5)(i)(A) through (D) of this section must be used to 
disentangle sea turtles from fishing gear and disengage any hooks, or 
to clip the line and remove as much line as possible from a hook that 
cannot be removed, prior to releasing the turtle, in accordance with 
the protocols specified in this paragraph.
    (1) Non-boated turtles should be brought close to the boat and 
provided with time to calm down. Then, it must be determined whether 
the hook can be removed without causing further injury. A front flipper 
or flippers of the turtle must be secured with an approved turtle 
control device from the list specified in paragraph (c)(5)(i)(M) of 
this section.
    (2) All externally embedded hooks must be removed, unless hook 
removal would result in further injury to the turtle. No attempt should 
be made to remove a hook if it has been swallowed, or if it is 
determined that removal would result in further injury. If the hook 
cannot be removed and/or if the animal is entangled, as much line as 
possible must be removed prior to release, using a line cutter as 
required by paragraph (c)(5)(i)(K) of this section. If the hook can be 
removed, it must be removed using a long-handled dehooker as required 
by paragraph (c)(5)(i) of this section.
    (3) Without causing further injury, as much gear and line as 
possible must be removed from the turtle prior to its release. Refer to 
the careful release protocols and handling/release guidelines required 
in this paragraph (c)(5)(ii)(C), and the handling and resuscitation 
requirements specified in 50 CFR 223.206(d)(1) for additional 
information.
    (iii) Gear modifications. The following measures are required of 
vessel owners and operators to reduce the incidental capture and 
mortality of sea turtles:
* * * * *
    (d) * * *
    (2) The owner and operator of a vessel required to be permitted 
under this part and that has bottom longline gear on board must 
undertake the following bycatch mitigation measures:
* * * * *
[FR Doc. 2024-07140 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-22-P