[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Rules and Regulations]
[Pages 45393-45401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17104]
[[Page 45393]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 020325067-2161-02; I.D. 080901B]
RIN 0648-AP49
Atlantic Highly Migratory Species; Pelagic Longline Fishery;
Shark Gillnet Fishery; Sea Turtle and Whale Protection Measures
AGENCY: National Marine Fisheries Service (NOAA Fisheries), National
Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements measures required by the June 14,
2001, Biological Opinion (BiOp) on Atlantic highly migratory species
(HMS) fisheries. In the HMS pelagic longline fishery, NOAA Fisheries is
closing the northeast distant statistical reporting (NED) area,
requiring the length of any gangion to be 10 percent longer than the
length of any floatline if the total length of any gangion plus the
total length of any floatline is less than 100 meters, and prohibiting
vessels from having hooks on board other than corrodible, non-
stainless steel hooks. In the HMS shark gillnet fishery, both the
observer and vessel operator must look for whales, the vessel operator
must contact NOAA Fisheries if a listed whale is taken, and shark
gillnet fishermen must conduct net checks every 0.5 to 2 hours to look
for and remove any sea turtles or marine mammals from their gear. This
final rule also requires all HMS bottom and pelagic longline vessels to
post sea turtle handling and release guidelines in the wheelhouse. The
intent of these actions is to reduce the incidental catch and post-
release mortality of sea turtles and other protected species in HMS
fisheries.
DATES: Effective July 9, 2002, except for the amendments to Sec. 635.5
and Sec. 635.21 paragraphs (d)(3)(iv), (d)(3)(v) and (d)(3)(vi) which
are effective August 8, 2002 and Sec. 635.21 paragraph (c)(5)(iii)(B)
which is effective October 7, 2002.
ADDRESSES: For copies of the Final Environmental Impact Statement/
Regulatory Impact Review/Final Regulatory Flexibility Analysis (FSEIS/
RIR/FRFA), contact Tyson Kade at 301-713-2347.
FOR FURTHER INFORMATION CONTACT: Tyson Kade or Margo Schulze-Haugen at
301-713-2347 or fax 301-713-1917. To report a sea turtle mortality in
the pelagic longline fishery, please call 800-858-0624. To report an
interaction with a listed whale in the shark gillnet fishery, please
call 305-862-2850.
SUPPLEMENTARY INFORMATION: The Atlantic swordfish and tuna fisheries
are managed under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). Atlantic sharks are managed under the
authority of the Magnuson-Stevens Act. The Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) is implemented by
regulations at 50 CFR part 635. The management of Atlantic HMS
fisheries is also subject to the requirements of the Endangered Species
Act (ESA) and the Marine Mammal Protection Act (MMPA).
Sea Turtle Bycatch Reduction
NOAA Fisheries is required to address the fishery-related takes of
sea turtles that are listed as threatened or endangered under the ESA.
Although a high percentage of hooked sea turtles are released alive,
NOAA Fisheries remains concerned about serious injuries to sea turtles
taken by pelagic longline gear. Longline fisheries generally affect sea
turtles by entangling or hooking them in fishing gear. Sea turtles that
become entangled in longline gear may drown when they are forcibly
submerged or they may be injured by the entangling lines. Turtles that
are hooked by longline gear can be injured or killed, depending on
whether they are hooked internally or externally. In addition to these
immediate effects, as discussed in the BiOp, trailing longline gear can
have long-term effects on a turtle's ability to swim, forage, migrate,
and breed, although these long-term effects are difficult to monitor
and measure. From 1992 to 1999, NOAA Fisheries estimates that the
Atlantic pelagic longline fishery interacted with an average of 795
leatherback and 986 loggerhead sea turtles annually with an average
annual estimate of 11 leatherback and 8 loggerhead mortalities. As
explained in the BiOp, based on available data, NOAA Fisheries expects
that 27 percent of loggerhead sea turtles hooked in the beak or mouth,
42 percent of loggerhead sea turtles that ingested hooks, and 27
percent of the leatherback sea turtles hooked in their flippers will
die.
In a BiOp prepared under section 7 of the ESA, completed June 14,
2001, NOAA Fisheries concluded that operation of the U.S. Atlantic
pelagic longline fishery jeopardized the continued existence of
threatened loggerhead and endangered leatherback sea turtles.
Information from the NOAA Fisheries' Southeast Fisheries Science
Center's February 2001 Stock Assessment of Loggerhead and Leatherback
Sea Turtles and an Assessment of the Impact of the Pelagic Longline
Fishery on the Loggerhead and Leatherback Sea Turtles of the Western
North Atlantic is incorporated in the BiOp's analysis. The BiOp
estimates that a 55-percent reduction in bycatch mortality from the
Atlantic pelagic longline fishery is necessary to remove jeopardy to
these two species. It is anticipated that this level of reduction can
be achieved by implementing an area closure and by modifying the manner
in which pelagic longline gear is deployed. The BiOp also requires
several other measures to be implemented in the bottom and pelagic
longline and shark gillnet fisheries to reduce bycatch of with sea
turtles, whales, and other protected species.
Pelagic Longline Fishery
Pelagic longline gear is a type of commercial fishing gear used by
U.S. fishermen in the Atlantic Ocean to target HMS. The gear consists
of a mainline, often many miles long, suspended in the water column by
floats and from which baited hooks are attached on leaders (gangions).
Though not completely selective, longline gear can be modified (e.g.,
gear configuration, hook depth, timing of sets) to target sharks,
swordfish, bigeye tuna, or yellowfin tuna.
Data collected through observer and vessel logbook programs
indicate that pelagic longline fishing for Atlantic swordfish and tunas
often results in the catch of non-target finfish species, including
sharks, bluefin tuna, billfish, undersized swordfish, and protected
species, including threatened and endangered sea turtles. The bycatch
of protected species (sea turtles, marine mammals, or seabirds) may
significantly impair the recovery of these species. Consistent with
national standard 9 of the Magnuson-Stevens Act, NOAA Fisheries has
implemented measures to reduce bycatch and bycatch mortality to the
extent practicable in the Atlantic pelagic longline fishery.
Area Closure
The NED area has the highest incidental take rate of sea turtles by
the U.S. Atlantic pelagic longline fleet. This regulation will close
the NED area to vessels that have been issued, or are required to have,
Federal HMS limited access permits and use pelagic longline
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gear. The closed area is bounded by the following coordinates:
35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. lat., 60 deg.00'
W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat.,
20 deg.00' W. long. This closure comprises an area of 2,631,000 square
nautical miles (nm\2\), including the Grand Banks and other fishing
locations. Only larger vessels, primarily fishing out of ports in the
northeast, travel to this area on a seasonal basis, from June to
October. The BiOp estimates that this closure would reduce loggerhead
and leatherback sea turtle interactions by 67 and 58 percent,
respectively, based on logbook data and 51 and 49 percent,
respectively, based on estimated extrapolated take levels derived from
observer and logbook data in 1999.
Gear Modifications
In addition to the closure, NOAA Fisheries is implementing several
gear modifications designed to reduce the mortality rate of captured
sea turtles year-round and in all fishing areas. All Atlantic vessels
that use pelagic longline gear and have been issued, or are required to
have, Federal HMS limited access permits are required to deploy the
gear so that hooked or entangled turtles have sufficient slack line to
reach the surface and avoid drowning. Specifically, for pelagic
longline sets in which the combined depth of any floatline plus any
gangion is 100 meters or less, the length of any gangion must be at
least 10 percent longer than the length of any floatline. For sets in
which the combined depth is over 100 meters, the requirement does not
apply.
All Atlantic vessels that use pelagic longline gear and have been
issued, or are required to have, Federal HMS limited access permits are
prohibited from having on board hooks other than corrodible, non-
stainless steel hooks. NOAA Fisheries expects to hold a workshop by the
end of 2002 to assess the impacts of corrodible hooks on sea turtles.
Currently, this measure is believed to reduce the post-release
mortality of sea turtles by either causing the fishing line to fall off
or causing the hook to fall out earlier than might occur if it were
made of stainless steel. NOAA Fisheries does not expect this management
measure to have a significant impact on the catch rates of target
species because many pelagic longline fishermen already use non-
stainless steel hooks.
Finally, all Atlantic vessels that use bottom or pelagic longline
gear and have been issued, or are required to have, Federal HMS limited
access permits are required to post inside the wheelhouse the
guidelines for the safe handling of sea turtles captured in a longline
interaction. This measure will allow vessel captains to refer to the
appropriate handling and release guidelines in the event a sea turtle
is hooked or entangled. NOAA Fisheries previously distributed the
guidelines via mail to all HMS bottom and pelagic longline permit
holders and announced this requirement in an emergency rule (66 FR
36711, July 13, 2001) and the availability of the guidelines via the
fax network in September 2001. The document is available for
downloading from the Internet at: http://www.nmfs.noaa.gov/sfa/hmspg.html, or NOAA Fisheries can be contacted to request a copy (see
ADDRESSES).
Reporting
Based on one of the terms and conditions (TC) of the BiOp, this
rule requires that the captains of all vessels that have pelagic
longline gear on board and have been issued, or are required to have,
Federal HMS limited access permits report any turtles that are dead
when they are captured or that die during capture to the Southeast
Fisheries Science Center (SEFSC) Observer Program at a number
designated by NOAA Fisheries (see ADDRESSES) within 48 hours of
returning to port. NOAA Fisheries expects that this regulation will
provide a better assessment of the number of lethal sea turtle takes
during pelagic longline operations. This should result in more accurate
management decisions involving fishery interactions with these species.
Experimental Fishery
Consistent with the BiOp, NOAA Fisheries expects to continue a
research program, in consultation and cooperation with the domestic
pelagic longline fleet, to develop and evaluate the efficacy of new
technologies and changes in fishing practices to reduce sea turtle
interactions. The experimental fishery uses a limited number of
qualifying commercial fishing vessels as cooperative research platforms
in the NED area. The approved research plan for the experimental
fishery, as stated in the BiOp, complies with four conditions: the sea
turtle target mortality reduction is 55 percent, the duration is no
more than 3 years, all measures that are tested must be exportable to
international fleets, and the level of mortality reduction may be
achieved through reducing take rates or improving post-release survival
for captured sea turtles.
In 2001, the experiment evaluated the effect of gangions placed two
gangion lengths from floatlines, the effect of blue-dyed bait on target
catch and sea turtle interactions, and the effectiveness of dipnets,
line clippers, and dehooking devices. Eight vessels participated,
making 186 sets, between August and November. During the course of the
experimental fishery, 142 loggerhead and 77 leatherback sea turtles
were incidentally captured and no turtles were released dead. NOAA
Fisheries analyzed the data to determine if the tested measures reduced
the incidental capture of sea turtles by a statistically significant
amount. Measures to reduce post-release mortality continue to be
examined and will be made available upon completion of this research.
The blue-dyed bait parameter decreased the catch of loggerheads by 9.5
percent and increased the catch of leatherbacks by 45 percent. Neither
value is statistically significant. In examining the gangion placement
provision, the treatment sections of the gear (with gangions placed 20
fathoms from floatlines) did not display a statistically significant
reduction in the number of loggerhead and leatherback sea turtle
interactions compared to the control sections of the gear (with a
gangion located under a floatline). The treatment section of the gear
recorded a statistically insignificant increase in the number of
leatherback interactions and had no significant effect on loggerhead
interactions. These results led to the conclusion that the measures
tested in 2001 were not successful in reducing interactions between sea
turtles and pelagic longline gear. The 2002 NED experiment is expected
to commence in July 2002.
Atlantic Shark Gillnet Fishery
Gillnet fishing for sharks occurs primarily in the waters off the
coasts of Georgia and Florida. The fishery is comprised of 4 to 11
vessels that engage in nearshore fishing trips that typically last less
than 18 hours. Legislation in South Carolina, Georgia, and Florida has
prohibited the use of commercial gillnets in state waters, causing
these vessels to operate further offshore in waters under Federal
jurisdiction. Historically, eight shark species made up over 99 percent
of sharks caught, including: blacknose, Atlantic sharpnose, blacktip,
finetooth, scalloped hammerhead, bonnethead, spinner, and great
hammerhead sharks. The June 14, 2001, BiOp contains several TCs that
NOAA Fisheries must implement to reduce interactions with and
mortalities of sea turtles and whales in the HMS shark gillnet fishery.
The two requirements addressed by this final rule are discussed below.
[[Page 45395]]
Sighting and Reporting Whales
This action requires that both the vessel operator of all vessels
issued Federal Atlantic shark limited access permits and that fish for
Atlantic sharks with a shark gillnet (as defined by 50 CFR 229.2) and,
in cases where an observer is on board, the observer, are responsible
for sighting whales. The vessel operator is responsible for contacting
the Southeast Regional Office (SERO) of NOAA Fisheries at a number
designated by NOAA Fisheries (see ADDRESSES) and ceasing fishing in the
event of a listed whale being taken in the drift gillnet/strikenet
gear. By having two people responsible for sighting whales, NOAA
Fisheries hopes that the animals can be spotted prior to any fishery
interaction occurring.
Checking Gear
In the shark gillnet fishery, it is customary for fishermen to
inspect the length of the net every 0.5 to 2 hours to check the net and
the catch. This regulation requires the fishermen to conduct these net
checks to look for and remove any sea turtles and marine mammals found
during these checks. While using the gear for strikenetting, the
fishermen are exempt from this requirement due to the limited soak
time. As the average soak time for the drift gillnets in this fishery
is 5.6 to 7.5 hours, this measure is expected to reduce the mortality
level of incidentally captured protected species.
Changes From the Proposed Rule
The primary difference between the proposed rule and this action is
that the proposed alternative requiring vessel operators using pelagic
longline gear to set gangions two gangions lengths away from floatlines
is not being made final. Results from the 2001 experimental fishery in
the NED area determined that this alternative is not effective in
reducing interactions with loggerhead and leatherback sea turtles. NOAA
Fisheries presents an analysis of the impacts of not selecting this
alternative in the FSEIS.
Response to Comments
NOAA Fisheries received numerous comments during the comment period
on the April 10, 2002, proposed rule. Comments are summarized here
together with responses.
Biological Opinion
Comment 1: The jeopardy finding of the June 14, 2001, BiOp is
fundamentally flawed and treats the Atlantic pelagic longline fishery
unequally compared to other domestic and international fisheries by
trying to accomplish a 10-percent increase in pelagic stage juvenile
loggerhead sea turtle survivorship in the entire North Atlantic basin
by imposing a 55-percent reduction in sea turtle interactions by U.S.
pelagic longline fishermen alone.
Response: Currently, NOAA Fisheries is in litigation concerning the
BiOp and the resulting regulations and a court decision is pending.
NOAA Fisheries believes that the BiOp and implementing regulations
incorporate the best available scientific information concerning sea
turtle populations and the HMS fisheries and do not impose an unfair
burden on U.S. fishermen.
Comment 2: NOAA Fisheries should attempt to quantify or account for
the reductions in sea turtle mortality that have resulted from the
requirement to possess and use dipnets and line clippers.
Response: Efforts are underway to examine the post-release status
of sea turtles incidentally captured in the pelagic longline fishery.
The BiOp provides estimated mortality rates for sea turtles ranging
from 27 to 42 percent depending on where the sea turtles were hooked.
The 2001 NED experimental fishery included a pilot program to assess
the post-release mortality of loggerhead sea turtles and additional
studies are scheduled for 2002. These analyses should provide greater
insights into the reductions in mortality gained by the use of dipnets
and line clippers.
Comment 3: NOAA Fisheries should apply a moratorium on pelagic
longline, gillnet, and other fishing gears that interact with sea
turtles in the Atlantic Ocean to improve the turtles' chances for
survival.
Response: While the HMS BiOp concluded that the operation of the
Atlantic pelagic longline fishery jeopardizes the continued existence
of loggerhead and leatherback sea turtles, a reduction in mortality of
55-percent would avoid jeopardy. NOAA Fisheries can achieve this
reduction in mortality without implementing a moratorium on pelagic
longline gear. Regarding shark gillnet and other fishing gears, the HMS
BiOp found that these activities may adversely affect but are not
likely to jeopardize sea turtles, whales, and other protected species,
and consequently, identified several measures to reduce mortality
without the need for a moratorium of those gears. This action
implements those measures; therefore, a moratorium of shark gillnet and
other fishing gear is not warranted at this time.
Comment 4: NOAA Fisheries should reinitiate consultation and
consider more protective measures if gear restrictions do not provide
the benefits anticipated in the biological opinion.
Response: NOAA Fisheries will evaluate the efficacy of the bycatch
and bycatch reduction measures implemented in this action as well as
the efficacy of measures already in place as the data become available
for statistical analyses. If these and other measures are found to be
insufficient, NOAA Fisheries will take appropriate action.
Comment 5: The United States must take action to increase the
visibility of sea turtle conservation on an international scale with
the goal of reducing international sea turtle interactions.
Response: The International Bycatch Reduction Task Force is
organizing a meeting in late 2002 to address international sea turtle
concerns. Also, the experiments being conducted in the NED area are
intended to develop pelagic longline gear and/or fishing modifications
to reduce sea turtle takes that can be transferred to international
pelagic longline fleets.
Comment 6: Sea turtle populations are increasing.
Response: Trend information on loggerhead sea turtles demonstrates
that the Florida subpopulation is increasing, but that the northern
subpopulation, which has a large number of males, is relatively small
and is either stable or declining. For leatherback sea turtles, there
have been increases in the number of nests on some of the smaller
nesting beaches, but the largest nesting beach has had a 15-percent
decline in nests in recent years indicating a declining population.
Pelagic Longline Fishery
NED Area Closure
Comment 7: NOAA Fisheries should not close the NED area. It is
unreasonable to close 2.6 million square nautical miles of the Atlantic
Ocean when data show that the turtle interactions occur in a relatively
small portion of the NED area and only during certain months.
Response: Based on the dynamic nature of ocean systems and the
migratory nature of marine wildlife, closed areas have to be large to
ensure they achieve the goal in reducing bycatch and bycatch mortality.
NOAA Fisheries is aware that turtle interactions occur in a portion of
the NED area; however, those interactions occur where and when pelagic
longline fishing has occurred. Closing only that portion of the NED
area where and when pelagic longline fishing has occurred could result
in continued or
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increased takes of turtles in the remaining open area of the NED area
if fishermen move there. Additionally, closing only part of the NED
area could decrease human safety at sea if fishermen move into
unfamiliar fishing areas even further offshore than the areas currently
fished or fish during other times of year when weather conditions are
poor.
Comment 8: By closing the NED, the most productive swordfish
fishing grounds available to U.S. fishermen, NOAA Fisheries will create
a situation in which foreign flag fleets supplant the U.S. fleet and
will likely result in more sea turtles being killed because
international fleets do not follow careful sea turtle handling and
release guidelines like U.S. fishermen.
Response: NOAA Fisheries is conducting an experimental fishery in
the NED area using vessels of the U.S. pelagic longline fleet to test
various gear configurations. The goal of the experiment is to develop
pelagic longline gear and/or fishing modifications to reduce sea
turtles bycatch and bycatch mortality sufficiently so that the NED area
can be reopened and the technology exported to the international
pelagic longline fleets. In the event that no such gear or fishing
modifications are developed and the NED area remains closed to the U.S.
pelagic longline fleet, NOAA Fisheries is aware that international
fleets may increase fishing effort in the NED area. Regardless of the
results of the NED area experiment, NOAA Fisheries intends to pursue
international sea turtle conservation agreements and measures.
Comment 9: NOAA Fisheries should close the NED area to conventional
pelagic longline gear but keep it open to fishermen who voluntarily
agree to test new and innovative fishing techniques.
Response: NOAA Fisheries supports cooperative research with
fishermen to develop pelagic longline gear and/or fishing modifications
to reduce sea turtle interactions and is conducting an experimental
fishery in the NED area using vessels of the U.S. pelagic longline
fleet. That experimental fishery began in 2001 and will continue
through 2003. After that time, NOAA Fisheries will evaluate the results
of the experimental fishery and determine if the NED area can be
reopened to pelagic longline vessels using modified fishing techniques,
determine if further research is necessary and take appropriate action
to conduct that research, or determine if no further research is
warranted. NOAA Fisheries believes that the final action to close the
NED area while also conducting the experimental fishery is essentially
the same outcome as that suggested by the comment.
Comment 10: NED boats cannot simply go fish elsewhere as NOAA
Fisheries predicts and remain profitable. Other coastal fishing areas
are overcrowded, have competition with coastal longliners, and have
gear conflicts with stationary lobster and crab gear.
Response: NOAA Fisheries is aware that not all other fishing areas
are likely to be as profitable as the NED area for pelagic longline
vessels that typically fished in the NED area. However, data available
to NOAA Fisheries indicate that other areas, such as the Caribbean
area, can be as profitable as the NED area. Additionally, data
available to NOAA Fisheries indicate that NED vessels already fish in
other areas, including the Caribbean, during winter months; thus,
switching locations is not prohibitive for NED vessels. Also, in the
short term, NED vessels can volunteer to participate in the NED
experimental fishery. Participating in the NED experimental fishery can
be profitable for these vessels in the short-term, and, in the worst
case scenario, will allow these vessels time to plan their course of
action if the experimental fishery does not produce results that would
allow NOAA Fisheries to reopen the NED area.
Comment 11: Closing the NED area after closing the Florida Straits
and Charleston Bump will direct increased effort into smaller and
smaller areas and will increase regulatory discards that could result
in more time and area closures.
Response: NOAA Fisheries intends to analyze the impacts of the time
and area closures in the Florida east coast, Charleston Bump, and
DeSoto Canyon as well as the NED area closure implemented by the
emergency rule as the data become available for statistical analyses.
NOAA Fisheries will take appropriate action at that time to address
bycatch in the remaining open areas in light of effort redistribution
as warranted.
Comment 12: Closing the NED area will prevent U.S. fishermen from
enjoying the fruits of their hard-earned success in reversing the
decline of swordfish.
Response: U.S. fishermen may fish for and land swordfish in U.S.
waters under its quota from the International Commission for the
Conservation of Atlantic Tunas and, as swordfish stocks recover, U.S.
fishermen can reasonably expect to enjoy the benefits of a sustainable
swordfish fishery.
Comment 13: Without the establishment of a sunset provision for the
NED area closure, there is no assurance that it will ever be
reevaluated.
Response: The NED area is closed to achieve most of the required
55-percent reduction mandated by the HMS BiOp. The experimental fishery
in the NED area is designed to develop effective sea turtle bycatch
reduction measures so that an area closure will not be necessary and
the NED area can be reopened. Additionally, NOAA Fisheries intends to
analyze the impact of all time and area closures implemented for HMS
fishermen as data become available. Based on these analyses, NOAA
Fisheries will modify any closures, as appropriate.
Comment 14: NOAA Fisheries must close the NED area to fishing by
the U.S. pelagic longline fleet to ensure that it meets its legal
obligations under the ESA and avoid jeopardy by reducing sea turtle
bycatch. This closure would have the additional benefit of reducing the
incidence of blue shark discards by U.S. fishermen.
Response: NOAA Fisheries is implementing such as closure.
Other Alternatives
Comment 15: The 2001 NED area experiment found that the gangion
placement relative to floatlines shows a negative effect. NOAA
Fisheries should rescind this requirement on the entire U.S. fleet at
this time.
Response: NOAA Fisheries is not implementing that requirement.
Comment 16: NOAA Fisheries should implement the alternative to
prohibit setting gangions in close proximity to floatlines as the
measure is projected to reduce the take of loggerhead and leatherback
sea turtles by 22 and 24 percent, respectively.
Response: The 2001 experimental fishery in the NED area
demonstrated that this measure is not effective in reducing the
incidental capture of sea turtles and may increase the interaction rate
with leatherback sea turtles. Accordingly, NOAA Fisheries is not
implementing that requirement.
Comment 17: NOAA Fisheries must analyze and quantify the benefits
and drawbacks of the proposal to have gangion lengths be 110 percent of
floatline length, including the economic impact of reduced target
catch. This proposed alternative may have minimal effect on sea turtle
survival as ocean currents or turtle movements could tangle the line.
Response: The economic impacts of the final actions are analyzed in
the FSEIS. Additionally, the FSEIS provides the best available
information concerning the effectiveness and
[[Page 45397]]
impacts of the final actions. NOAA Fisheries believes that the measure
will have a positive effect on sea turtle survival although no
quantitative estimate is available at this time.
Comment 18: NOAA Fisheries should implement the requirement for
gangions to be longer than floatlines.
Response: NOAA Fisheries is implementing this requirement.
Comment 19: NOAA Fisheries needs to make a decision concerning the
corrodible hook criteria and determine a policy for their
implementation and extend it to all bycatch species and all HMS hook
and line fisheries to increase post-release survival. The hooks should
be used experimentally before being adopted on a larger scale.
Response: The current standard for corrodible hooks is that they be
composed of non-stainless steel. NOAA Fisheries believes that many
pelagic longline fishermen already use non-stainless steel hooks so
that this measure should result in little change in costs or fishing
practices while providing benefits to sea turtles although no
quantitative estimates are available at this time. Therefore, NOAA
Fisheries believes that finalizing this measure for the Atlantic
pelagic longline fleet at this time is warranted. NOAA Fisheries may
revise this standard at a future date as additional information becomes
available. NOAA Fisheries intends to host a conference by the end of
2002 with sea turtle biologists and veterinarians to examine this
issue.
Comment 20: Fishermen using other fishing gears are known to
interact with sea turtles and should also be required to possess and
use specific handling instructions for reference during their sea
turtle interactions.
Response: NOAA Fisheries intends to develop fishery-specific sea
turtle handling and release guidelines. At that time, NOAA Fisheries
will take the appropriate action to ensure their distribution and use.
Comment 21: NOAA Fisheries should require posting of sea turtle
handling and release guidelines in the wheelhouse.
Response: NOAA Fisheries is implementing a measure that will
require guidelines to be posted in the wheelhouse of all pelagic and
bottom HMS longline vessels.
Comment 22: NOAA Fisheries needs to address several issues
concerning sea turtle post-release survival, including differences in
gear interactions between fisheries and oceans, tag reliability, and
creating a strategy for research using the Atlantic pelagic longline
fleet.
Response: The 2001 NED area experimental fishery included a pilot
study that involved the deployment of 16 PSAT (pop-off satellite) tags
on loggerhead sea turtles caught in the Atlantic pelagic longline
fishery. This study is scheduled to continue during the next 2 years of
the experimental fishery and should effectively address the issues
concerning sea turtle post-release survival following interactions with
Atlantic pelagic longline gear.
Comment 23: NOAA Fisheries should increase the level of observer
coverage in the pelagic longline and shark gillnet fisheries to better
monitor interactions with protected species.
Response: Observer coverage is an important way to monitor fishery
interactions with protected species. NOAA Fisheries has determined the
level of observer coverage necessary in the pelagic longline and shark
gillnet fisheries to produce statistically rigorous estimates of
protected species interactions and is implementing those coverage
levels.
Comment 24: NOAA Fisheries should implement a measure requiring
pelagic longline vessels to carry a dehooking device on board.
Response: NOAA Fisheries believes that additional information
concerning what types and techniques are optimal to reduce harm to sea
turtles is needed before implementing such a measure. Several designs
were tested in the 2001 NED experimental fishery and will continue to
be tested in the 2002 NED area experimental fishery. NOAA Fisheries
will take appropriate action based on the results of the experiment.
Comment 25: NOAA Fisheries should implement the timely reporting of
sea turtle mortalities and the proper release of incidentally caught
turtles, which are important factors in assessing and reducing sea
turtle mortality in the pelagic longline fishery.
Response: NOAA Fisheries is implementing a measure that requires
HMS fishermen with pelagic longline on board to report lethal turtle
takes within 48 hours of returning to port.
NED Experiment
Comment 26: NOAA Fisheries should not forgo the collection of data
that may help the bycatch reduction of other incidentally caught
species when conducting research to mitigate the impact of pelagic
longline gear on sea turtles.
Response: Data are being collected that will permit the analysis of
the impacts of the measures tested in the NED area experimental fishery
on other incidentally caught species.
Comment 27: NOAA Fisheries should consider the impact of gear
modifications on other species besides sea turtles prior to exporting
them to international fisheries.
Response: The impact of gear modifications on other species will be
considered prior to promulgating regulations implementing measures for
the pelagic longline fishery for species besides sea turtles and prior
to exporting successful sea turtle take reduction measures to
international fisheries.
Comment 28: NOAA Fisheries should implement any additional measures
found to be effective during the ongoing sea turtle research, however
more attention should be paid to other protective measures such as time
or area closures.
Response: NOAA Fisheries intends to implement measures found to be
effective in reducing sea turtle bycatch and bycatch mortality in the
NED area experiment, including time or area closures, as appropriate.
Comment 29: NOAA Fisheries should continue to experiment with gear
modifications that would reduce the mortality of sea turtles and
implement new rules in response to new data about their effectiveness.
Response: NOAA Fisheries will continue to conduct such experiments.
Comment 30: NOAA Fisheries should foster cooperation with the
industry through truly cooperative research based on real science.
Response: NOAA Fisheries believes that the NED area experimental
fishery is an example of cooperative research based on sound science.
Shark Gillnet Fishery
Comment 31: The requirement for shark gillnet fishermen to contact
NOAA Fisheries and cease fishing in the event of a listed whale being
taken will neither protect listed whales nor reduce the bycatch of
these animals.
Response: According to the BiOp, the major known sources of
anthropogenic mortality and injury to listed whales include
entanglement in commercial fishing gear and ship strikes. However, many
of the reports of whale mortality cannot be attributed to a particular
source. While to date, there has not been a confirmed interaction with
a listed whale in the shark gillnet fishery, NMFS believes that it is
appropriate to implement regulations that will enhance the response to
an interaction with a listed whale and prevent a subsequent interaction
by requiring the vessel to cease fishing immediately.
Comment 32: NOAA Fisheries should prohibit gillnet sets within a 5
nautical
[[Page 45398]]
mile radius of any sighted listed whale or, if the gear is already set,
the removal of that gear from the water.
Response: NOAA Fisheries believes that current regulations under
the Atlantic Large Whale Take Reduction Plan are adequate. Current
regulations require shark gillnet fishermen to fish for sharks with a
strikenet during times that right, humpback, fin or minke whales are
present, require that no nets be set under limited visibility, prohibit
setting of nets within three nautical miles of a whale, and require
that gear be removed immediately from the water if a whale moves within
3 nautical miles of the gear.
Comment 33: NOAA Fisheries should implement regulations that would
prevent gillnet fishing if a listed whale were taken for the rest of
the season or until whales are no longer sighted in that area based on
seven consecutive sighting surveys.
Response: NOAA Fisheries believes that current regulations under
the Atlantic Large Whale Take Reduction Plan are adequate.
Additionally, NOAA Fisheries has the authority under the Endangered
Species Act to implement temporary closures to reduce takes or
potential takes, as appropriate.
Comment 34: The net check provision will likely offer little
conservation benefit for marine mammals and sea turtles unless it is
coupled with disentanglement response training.
Response: The net check provision will require the shark gillnet
fishermen to check their nets every 0.5 to 2 hours which should reduce
the mortality of any incidentally captured protected species.
Disentanglement training was provided to fishermen in this fishery
although attendance was low. NOAA Fisheries may pursue additional
disentanglement training for shark gillnet fishermen in the future.
Additionally, the requirement to notify NOAA Fisheries if a whale is
taken will allow personnel trained in disentangling these animals to
respond.
Comment 35: NOAA Fisheries should maintain 100-percent observer
coverage in the shark gillnet fishery due to the bycatch problems
associated with this gear.
Response: Recently, the necessary level of observer coverage was
statistically determined to be 53-percent outside right whale calving
season and 100-percent coverage during right whale calving season. A
statistically significant level of observer coverage would yield
comparable results to 100- percent coverage. Additionally, given its
limited resources, NOAA Fisheries believes that the resources that
would be required to provide additional coverage outside the right
whale calving season (not required statistically) are needed to provide
additional observer coverage in other fisheries. NOAA Fisheries will
maintain 100-percent observer coverage in this fishery during right
whale calving season.
Comment 36: In addition to the preferred alternatives (requiring
immediate reporting if a listed whale is taken; making the observer and
vessel operator responsible for looking for whales; and frequent net
checks), NOAA Fisheries should require fishermen to remove finfish
bycatch in addition to protected species during net checks in the shark
gillnet fishery.
Response: While NOAA Fisheries agrees that the preferred
alternatives are appropriate for this fishery, NOAA Fisheries is
concerned that requiring the removal of finfish bycatch may delay the
completion of the net checks and could increase the bycatch mortality
of any incidentally captured protected species. However, NOAA Fisheries
encourages shark gillnet fishermen to remove finfish bycatch as quickly
and with as minimal injury as practicable.
Comment 37: The size and low income of the shark gillnet fishery
may not justify the high cost of the 100-percent observer coverage
required during the right whale calving season compared to other
observer needs.
Response: NOAA Fisheries is aware that observer coverage costs for
this fishery are high relative to the number of participants in this
and other fisheries. NOAA Fisheries is considering the use of vessel
monitoring systems to decrease observer coverage costs for this
fishery. The issue of vessel monitoring systems is currently in
litigation and NOAA Fisheries is waiting for a decision from the court.
Comment 38: Shark gillnet fishermen should be required to check
their nets continuously while deployed due to the numerous interactions
with sea turtles and marine mammals. The 0.5 to 2 hour period between
checking nets will result in unacceptably high sea turtle and marine
mammal mortality. If the fishery cannot demonstrate that the gear can
be fished cleanly, that gear should be prohibited for HMS species due
to high bycatch of protected species.
Response: At this time, NOAA Fisheries believes that requiring net
checks every 0.5 to 2 hours is sufficient to reduce protected species
bycatch mortality. Currently, the average soak time for drift gillnets
is 5.6 to 7.5 hours. Thus, drift gillnet fishermen will have to check
the net between 3 and 15 times during an average soak. However, NOAA
Fisheries intends to review protected species bycatch mortality data in
the future as data on the efficacy of this requirement become available
and will re-evaluate a requirement to conduct net checks continuously
or other gear restrictions in this fishery if protected species bycatch
mortality is not reduced.
Enforcement
Comment 39: NOAA Fisheries should implement vessel monitoring
systems to improve the enforceability of the closed areas. This would
be less disruptive and less costly for the fishermen and the Coast
Guard.
Response: This matter is currently in litigation. NOAA Fisheries is
waiting for a decision from the Court.
Comment 40: Enforcement of the gangion length provision will be
difficult at sea. NOAA Fisheries should consider developing criteria to
provide guidance in this matter (for example, specify how many gangions
would need to meet the 110-percent requirement to verify compliance).
Response: NOAA Fisheries will work with enforcement agents to
develop guidance to enhance the enforceability of this measure.
Comment 41: Enforcement of the gangion placement provision will be
difficult because the gear can slide on the mainline due to a variety
of reasons.
Response: As this measure was found to be ineffective in reducing
sea turtle bycatch in the NED area experimental fishery, NOAA Fisheries
is not implementing the gangion placement requirement in this final
action.
Comment 42: NOAA Fisheries should consider a requirement that
vessels fishing with bottom longline gear in an area closed to pelagic
gear should not be allowed to possess pelagic species (i.e., tuna and
sharks) and conversely, require that vessels fishing with pelagic gear
not be allowed to have bottom species on board (i.e., some shark
species) to increase enforcement.
Response: The time and area closures currently in place for pelagic
longline fishermen were designed to reduce bycatch in the pelagic
longline fishery and do not apply to bottom longline fishermen. Thus,
extending any closure to bottom longline fishermen would require NOAA
Fisheries to conduct the appropriate analyses and rulemaking. However,
NOAA Fisheries will discuss this comment with the NOAA Fisheries Office
of Law Enforcement and consider its management implications.
Comment 43: NOAA Fisheries should prohibit possession of non-
corrodible stainless steel hooks, not use of non-corrodible stainless
steel hooks, because it would be difficult for the Coast Guard
[[Page 45399]]
to enforce a use prohibition if the vessel is allowed to have both
corrodible non-stainless steel and non-corrodible stainless steel hooks
on board.
Response: NOAA Fisheries has modified the final action to prohibit
vessels from having hooks on board other than corrodible, non-stainless
steel hooks when pelagic longline gear is on board.
Comment 44: The proposed definition of corrodible hooks as non-
stainless steel would be enforceable at sea.
Response: NOAA Fisheries has implemented this provision.
Classification
This final rule is published under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq.
NOAA Fisheries has prepared a final regulatory flexibility analysis
(FRFA) that examines the impacts of the selected alternatives,
discussed previously in this document. It assumes that distant water
fishermen, during the time they would otherwise be pelagic longline
fishing in the NED area, will instead: (1) make longline sets in other
areas or (2) exit commercial fishing. As of October 2001, there were
320 directed and incidental swordfish permit holders under the limited
access system. In 2000, only 199 fishermen actively participated in the
pelagic longline fishery according to logbook reports. Since 1997, an
average of 15 vessels have fished each year in the NED area. These
vessels have traditionally landed approximately 20 percent of all
domestically caught Atlantic swordfish and have been the most
economically viable vessels in the fleet. However, due to the size and
cost of operation of these vessels, NOAA Fisheries feels that it may
not be as economical to fish in other areas of the Atlantic Ocean and
thus, these 15 vessels would be significantly impacted due to the NED
closure. The other selected alternatives regarding the pelagic longline
fishery are not expected to have significant economic effects.
The other alternatives considered for the pelagic longline fishery
include: taking no action; other gear modifications, such as requiring
dehooking devices, requiring hooks to be set deeper in the water
column, requiring the use of blue-dyed bait, requiring the use of
mackerel as bait, requiring the use of stealth gear, and requiring the
use of circle hooks; and a ban on pelagic longline fishing by U.S.
vessels in the Atlantic Ocean. While the no action alternative and most
of the gear modification alternatives are not expected to have
significant economic impacts on participants in the pelagic longline
fishery, these alternatives either do not reduce bycatch to the extent
required by the BiOp or are not supported by sufficient data to support
implementation. Initial data concerning the alternative requiring
circle hooks indicates that they may significantly reduce post-release
mortality of sea turtles; however, more information is needed
concerning impacts on target catch and appropriate hook size. In
addition, there would be an economic cost associated with this
alternative if fishing vessels were required to switch to circle hooks.
While a complete ban on longline fishing would reduce bycatch to a
greater extent than the NED time-area closure, the lost value of
commercial seafood products and the adverse impacts on fishery
participants and fishing communities would impose greater costs than
the final action. Thus, there are no alternatives available at this
time that would minimize the economic impacts on the approximately 15
NED area vessels and reduce sea turtle interactions as required under
the ESA and national standard 9 of the Magnuson-Stevens Act. The RIR/
FRFA provides further discussion of the economic effects of all the
alternatives considered for the pelagic longline fishery.
The two selected alternatives for the shark gillnet fishery will
affect a small number of vessels, approximately 4 to 11, based on NOAA
Fisheries records. The measure to contact NOAA Fisheries and cease
fishing following the take of a listed whale species could have an
economic impact as the vessel is required to terminate fishing
operations for that trip. The requirement for shark drift gillnet
fishermen to check their nets every 0.5 to 2 hours could increase the
cost per trip slightly based on the amount of fuel consumed. However,
NOAA Fisheries does not expect these impacts to be significant.
Of the alternatives that are not selected for the shark gillnet
fishery, taking no action will not impose an economic impact. However,
prohibiting drift gillnet gear in the shark fishery and requiring
vessels to fish in a strikenet fashion using spotter planes could
impose a significant negative effect upon the vessels in the shark
gillnet fishery.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The final rule is consistent with the ESA. The June 14, 2001, BiOp
found that the fishery was likely to jeopardize loggerhead and
leatherback sea turtles. The final rule implements the RPA, with the
exception of one part, and the other required measures in the BiOp.
NOAA Fisheries is not making final the part of the rule that
implemented the component of the RPA specifying gangion placement. This
requirement appeared to result in an unchanged number of interactions
with loggerheads and an apparent increase in interactions with
leatherbacks. Preliminary logbook data, which is inconclusive in the
absence of analysis in conjunction with observer data, indicate that
the level of incidental take of loggerheads is below that anticipated
in the incidental take statement of the BiOp. Preliminary logbook data,
collected during the time that the gangion placement requirement was in
effect, indicate that the level of take of leatherbacks may or may not
be exceeded. Accordingly, although NOAA Fisheries will reevaluate this
conclusion upon completion of the analysis of incidental take based on
both logbook and observer data, at this time NOAA Fisheries determines
that the fishery with this final rule is not likely to jeopardize sea
turtles. NOAA Fisheries' Office of Protected Resources concurred with
this determination on July 1, 2002. In this final rule, NOAA Fisheries
is also finalizing measures that would decrease the impacts of other
HMS fisheries on sea turtle and whale populations.
NOAA Fisheries has determined that these regulations will be
implemented in a manner consistent to the maximum extent practicable
with the enforceable policies of those coastal states in the Atlantic,
Gulf of Mexico, and Caribbean that have approved coastal zone
management programs. Eleven of the 12 states that replied to the letter
regarding compliance of the proposed rule with the Coastal Zone
Management Act found NOAA Fisheries' proposed actions to be consistent
with their coastal zone management programs. The State of Georgia
objects to the consistency determination due to the continuing
operation of the shark gillnet fishery in Federal waters impacting
resources shared by adjacent state waters. NOAA Fisheries shares the
State of Georgia's concern regarding the impact of the shark gillnet
fishery on sea turtles, marine mammals, and sport fish. However, data
currently available do not indicate high bycatch and bycatch mortality
of protected species and other finfish in this fishery. Because the
incidental capture of endangered species in the shark gillnet fishery
is regulated under the ESA and the BiOp did not conclude that
continuation of the shark gillnet fishery would jeopardize any
endangered or threatened resources, NOAA Fisheries is
[[Page 45400]]
not prohibiting the use of this gear at this time. This finding is
consistent with national standard 2 which requires that management
measures be based on the best scientific information available and with
the conclusions of the BiOp. Thus, NOAA Fisheries finds that the final
regulations promulgated in this rulemaking are consistent with
Georgia's Coastal Zone Management Program to the maximum extent
practicable.
Notwithstanding any other provisions of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the Paperwork Reduction Act (PRA) unless that collection of
information displays a currently valid Office of Management and Budget
(OMB) control number.
This action contains new collection-of-information requirements
subject to the PRA and which have been approved under OMB control
number 0648-0452. The requirements for pelagic longline vessel
operators to report a sea turtle mortality within 48 hours of returning
to port and for shark gillnet operators to report interactions with
listed whale species are estimated to take 5 minutes per response. This
estimate includes the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate, or any other aspect of this data
collection, including suggestions for reducing the burden, to NOAA
Fisheries (see ADDRESSES) and to OMB at the Office of Information and
Regulatory Affairs, Office of Management and Budget, Washington, DC.
20503 (Attention: NOAA Desk Officer).
Under 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA Fisheries, finds good cause to waive the 30-day delay
in effectiveness for certain turtle mitigation measures for the
Atlantic longline fishery. A waiver of the delay in effectiveness for
the final rule is needed for the requirements concerning the NED area
closure, gangion length, and posting the sea turtle handling and
release guidelines to ensure the uninterrupted protection of sea
turtles in the fishery following the expiration of an emergency rule
extension (66 FR 64378) on July 8, 2002. The emergency rule and its
extension imposed requirements, including a gangion placement measure,
that were part of the RPA and other required measures in the BiOp. In
late November 2001, NMFS completed an experiment in the NED area that
tested gangion placement and other bycatch reduction measures
identified in the BiOp. Data from this experiment were required for
this rulemaking, but were not available in final format until mid-
April, 2002. As a result of this data, this final rule relieves vessels
from the gangion placement measure imposed under the emergency rule.
Given the availability of the 2001 experimental fishery data, the need
for public comment periods on the proposed and final rules and draft
and final environmental impact statements, and the July 8, 2002,
expiration date of the emergency rule extension, good cause exists for
a waiver of the 30-day delay in effectiveness for the above-referenced
requirements. All sea turtle and marine mammal mitigation measures in
this final rule not previously implemented by the emergency rule
extension will take effect 30 days or more from the publication of this
rule.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: July 2, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
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.
2. In Sec. 635.2, new definitions for ``Bottom longline,''
``Corrodible hook,'' ``Floatline,'' ``Gangion,'' ``Net check,'' and
``Northeast distant closed area'' are added alphabetically to read as
follows:
Sec. 635.2 Definitions.
* * * * *
Bottom longline means a longline that is deployed with enough
weights and/or anchors to maintain contact with the ocean bottom.
* * * * *
Corrodible Hook means a fishing hook composed of any material other
than stainless steel.
* * * * *
Floatline means a line attached to a buoyant object that is used to
support the mainline of a longline at a specific target depth.
Gangion means a line that serves to attach a hook, suspended at a
specific target depth, to the mainline of a longline.
* * * * *
Net check refers to a visual inspection of a shark gillnet where
the vessel operator transits the length of the gear and inspects it
either with a spotlight or by pulling up the gear.
* * * * *
Northeast Distant closed area means the Atlantic Ocean area bounded
by straight lines connecting the following coordinates in the order
stated: 35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. lat.,
60 deg.00' W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.;
35 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 60 deg.00'
W. long.
* * * * *
3. In Sec. 635.5, paragraphs (a)(4) and (5) are added to read as
follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(4) Pelagic longline sea turtle reporting. The operators of vessels
that have pelagic longline gear on board and that have been issued, or
are required to have, a limited access swordfish, shark, and tuna
longline category permit for use in the Atlantic Ocean including the
Caribbean Sea and the Gulf of Mexico are required to report any sea
turtles that are dead when they are captured or that die during capture
to the NOAA Fisheries Southeast Fisheries Science Center Observer
Program, at a number designated by NOAA Fisheries, within 48 hours of
returning to port, in addition to submitting all other reporting forms
required by this part and 50 CFR parts 223 and 224.
(5) Shark gillnet whale reporting. The vessel operators of vessels
that are shark gillnetting, as defined by 50 CFR 229.2, and that have
been issued, or are required to have, shark directed or incidental
limited access permits for use in the Atlantic Ocean including the
Caribbean Sea and the Gulf of Mexico are required to contact the NOAA
Fisheries Southeast Regional Office, at a number designated by NOAA
Fisheries, if a listed whale is taken, in addition to submitting all
other reporting forms required by this part and 50 CFR part 229.
* * * * *
4. In Sec. 635.21, paragraphs (a)(3), (c)(5)(iii), (d)(3)(v), and
(d)(3)(vi) are added and paragraphs (c)(2) and (d)(3)(iv) are revised
to read as follows:
Sec. 635.21 Gear operation and deployment restrictions.
(a) * * *
[[Page 45401]]
(3) Operators of all vessels that have pelagic or bottom longline
gear on board and that have been issued, or are required to have, a
limited access swordfish, shark, or tuna longline category permit for
use in the Atlantic Ocean including the Caribbean Sea and the Gulf of
Mexico must post inside the wheelhouse the sea turtle handling and
release guidelines provided by NOAA Fisheries.
* * * * *
(c) * * *
(2) If pelagic longline gear is on board a vessel issued a permit
under this part, persons aboard that vessel may not fish or deploy any
type of fishing gear in:
(i) The Northeastern United States closed area from June 1 through
June 30 each calender year;
(ii) In the Charleston Bump closed area from March 1 through April
30, 2001, and from February 1 through April 30 each calender year
thereafter;
(iii) In the East Florida Coast closed area at any time beginning
at 12:01 a.m. on March 1, 2001;
(iv) In the DeSoto Canyon closed area at any time beginning at
12:01 a.m. on November 1, 2000;
(v) In the Northeast Distant closed area at any time beginning at
12:01 a.m. on July 9, 2002.
* * * * *
(5) * * *
(iii) Gear modifications. The following measures are required of
vessel operators to reduce the incidental capture and mortality of sea
turtles:
(A) Gangion length. The length of any gangion on vessels that have
pelagic longline gear on board and that have been issued, or are
required to have, a limited access swordfish, shark, or tuna longline
category permit for use in the Atlantic Ocean including the Caribbean
Sea and the Gulf of Mexico must be at least 10 percent longer than any
floatline length if the total length of any gangion plus the total
length of any floatline is less than 100 meters.
(B) Corrodible hooks. Vessels that have pelagic longline gear on
board and that have been issued, or are required to have, a limited
access swordfish, shark, or tuna longline category permit for use in
the Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico
must only have corrodible hooks on board.
* * * * *
(d) * * *
(3) * * *
(iv) While fishing for Atlantic sharks with a gillnet, the gillnet
must remain attached to the vessel at one end, except during net
checks.
(v) Both the observer and vessel operator are responsible for
sighting whales. If a listed whale is taken, the vessel operator must
cease fishing operations immediately and contact NOAA Fisheries as
required in Sec. 635.5(a)(5).
(vi) Vessel operators are required to conduct net checks every 0.5
to 2 hours to look for and remove any sea turtles or marine mammals.
* * * * *
5. In Sec. 635.71, paragraphs (a)(36) and (37) are added to read as
follows:
Sec. 635.71 Prohibitions.
(a) * * *
(36) Fish with bottom or pelagic longline and shark gillnet gear
for HMS without adhering to the gear operation and deployment
restrictions required in 50 CFR 635.21.
(37) Fail to report to NOAA Fisheries, at the number designated by
NOAA Fisheries, the incidental capture of listed whales with shark
gillnet gear and sea turtle mortalities associated with pelagic
longline gear as required by 50 CFR 635.5.
* * * * *
[FR Doc. 02-17104 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-22-S