[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