[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2313-2327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-689]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 101029546-0547-01]
RIN 0648-BA39


Atlantic Highly Migratory Species; Bluefin Tuna Bycatch Reduction 
in the Gulf of Mexico Pelagic Longline Fishery

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to require the use of ``weak hooks'' in the Gulf 
of Mexico (GOM) pelagic longline (PLL) fishery. A weak hook is a circle 
hook that meets NMFS' current size and offset restrictions for the GOM 
PLL fishery, but is constructed of round stock wire that is thinner-
gauge than the circle hooks currently used, i.e., no larger than 3.65 
mm in diameter. Weak hooks can allow incidentally hooked bluefin tuna 
(BFT) to escape capture because the hooks are more likely to straighten 
when a large fish is hooked. Requiring weak hooks in the GOM will 
reduce bycatch of BFT, allow the long-term beneficial socio-economic 
benefits of normal operation of directed fisheries in the GOM with 
minimal short-term negative socio-economic impacts, and have both 
short- and long-term beneficial impacts on the stock status of Atlantic 
BFT, an overfished species. Since 2007, NMFS has conducted research on 
weak hooks used on PLL vessels operating in the GOM to reduce the 
incidental catch of large BFT during directed PLL fishing for other 
species. Preliminary results show that the use of a weak hook can 
significantly reduce the amount of BFT caught incidentally by PLL 
vessels in the GOM. The purpose of the proposed action is to reduce PLL 
catch of Atlantic BFT in the GOM, which is the only known BFT spawning 
area for the western Atlantic stock of BFT. This action would be 
consistent with the advice of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT) Standing Committee for Research 
and Statistics (SCRS) that ICCAT may wish to protect the strong 2003 
year class until it reaches maturity and can contribute to spawning. 
The purpose is also to allow directed fishing for other species to 
continue within allocated BFT sub-quota limits. This measure would be 
consistent with the 2006 Consolidated Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), including the BFT rebuilding program.

DATES: Written comments will be accepted until February 12, 2011. NMFS 
will hold three public hearings on this proposed rule on February 7, 
2011, in Silver Spring, MD; February 9, 2011, in Panama City, FL; and 
February 10, 2011, in Kenner, LA to receive comments from fishery 
participants and other members of the public regarding this proposed 
rule. An operator-assisted conference call will be held to receive 
comments, only on this proposed rulemaking, from HMS Advisory Panel 
members on February 8, 2011. This is not an HMS Advisory Panel meeting, 
and the conference call will be open to members of the public, who may 
observe and comment to the extent time permits. Please see the 
SUPPLEMENTARY INFORMATION section of this proposed rule for specific 
dates, times, and locations.

ADDRESSES: The public hearings will be held in Maryland, Florida, and 
Louisiana. Please see the SUPPLEMENTARY INFORMATION section of this 
ANPR for specific dates, times, and locations.
    You may submit comments, identified by 0648-BA39, by any one of the 
following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at http://www.regulations.gov
    <bullet> Fax: 301-713-1917, Attn: Margo Schulze-Haugen
    <bullet> Mail: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Comments on the Proposed Rule 
to Reduce Bluefin Tuna Bycatch in the Gulf of Mexico.''
    <bullet> Instructions: No comments will be posted for public 
viewing until after the comment period has closed. All comments 
received are a part of the public record and generally will be

[[Page 2314]]

posted to http://www.regulations.gov without change. All Personal 
Identifying Information (e.g., name, address) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Dianne Stephan by phone at 978-281-
9260 or Randy Blankinship by phone at 727-824-5399.

SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) and the Atlantic Tuna Conventions Act 
(ATCA), which authorizes the Secretary of Commerce (Secretary) to 
promulgate regulations as may be necessary and appropriate to implement 
recommendations of ICCAT. The authority to issue regulations under the 
Magnuson-Stevens Act and ATCA has been delegated from the Secretary to 
the Assistant Administrator for Fisheries, NOAA (AA). On May 28, 1999, 
NMFS published in the Federal Register (64 FR 29090) final regulations, 
effective July 1, 1999, implementing the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). On October 2, 2006, 
NMFS published in the Federal Register (71 FR 58058) final regulations, 
effective November 1, 2006, implementing the 2006 Consolidated HMS FMP, 
which details the management measures for Atlantic HMS fisheries 
including the PLL fishery.

Background

    NMFS is issuing a proposed rule that would require the use of 
``weak hooks'' by PLL vessels fishing in the GOM. A weak hook is a 
circle hook that meets NMFS' current size and offset restrictions but 
is constructed of round wire stock that is thinner-gauge (i.e., no 
larger than 3.65 mm in diameter) than the circle hooks currently used 
in the PLL fishery. The purpose of the proposed action is to reduce PLL 
catch of Atlantic BFT in the GOM, which is the only known BFT spawning 
area for the western Atlantic stock of BFT. This measure would also be 
consistent with the ICCAT SCRS advice that ICCAT may wish to protect 
the strong 2003 year class until it reaches maturity and can contribute 
to spawning. Implementation of weak hooks in the GOM PLL fishery by 
spring 2011 is important because the strong 2003 year class is 
beginning to enter adulthood, and it is likely that some of them will 
begin to spawn in the GOM this spring. Also, reducing the incidental 
BFT catch in the GOM may enable the PLL fishery to continue to operate 
year-round by increasing the likelihood that landings and dead discards 
will remain below the quota. The proposed rule would require a new gear 
technology that could allow the GOM PLL fleet to continue routine 
directed fishing operations (e.g., yellowfin tuna (YFT) and swordfish) 
while decreasing the numbers of incidentally caught BFT. Weak hooks can 
allow incidentally hooked BFT to escape capture because the hooks are 
more likely to straighten when a large fish is hooked, thus releasing 
the fish.
    This action is necessary to achieve domestic management objectives 
under the Magnuson-Stevens Act, and to implement the 2006 Consolidated 
HMS FMP, including goals to rebuild stocks and end overfishing. 
Atlantic BFT has historically been documented as overfished with 
overfishing occurring. Since 1998, an ICCAT rebuilding plan, which was 
implemented in the Consolidated HMS FMP, has been in place with the 
goal of rebuilding the western BFT stock by 2019. Strict quotas and 
domestic regulations have been in place to achieve this goal, including 
a prohibition on all directed fishing on BFT in the GOM in recognition 
that is the sole known spawning area for the western BFT stock. 
Although directed fishing for BFT is prohibited in the GOM, the 
incidental catch of BFT has become an area of heightened concern due to 
the status of the stock and mortality of incidentally caught spawning 
BFT in the directed PLL fishery that targets YFT and swordfish. 
Furthermore, a recent stock assessment conducted by ICCAT's SCRS in 
October 2010, shows that a strong 2003 year class is expected to begin 
to contribute to an increase in spawning biomass after several years. 
In particular, the SCRS notes ``that the 2010 assessment is the first 
time that this strong 2003 year-class has been clearly demonstrated, 
likely as a result of age assignment refinements resulting from the 
growth curve and additional years of data; more observations from the 
fishery are required to confirm its relative strength. A further 
concern is that subsequent year-classes, although even less well 
estimated, are the lowest observed values in the time series. The 
Commission may wish to protect the 2003 year class until it reaches 
maturity and can contribute to spawning.'' While the increased presence 
of spawning BFT in the GOM could provide a positive impact on the 
stock, PLL interactions with spawning BFT could also be expected to 
increase with the higher number of fish in this year class. This could 
lead to increased incidental catches (and discards) of BFT, potentially 
diminishing the reproductive impact of this large year class to the 
western BFT stock.
    Several other factors have also heightened concern about BFT 
recently, such as the April 2010 Deepwater Horizon/BP oil spill in the 
GOM and potential impacts on BFT, particularly in the GOM. In addition, 
some environmental groups have called for the suspension of the entire 
Atlantic BFT fishery and the creation of a permanent BFT sanctuary in 
the GOM spawning area. In May 2010, the Center for Biological Diversity 
petitioned NMFS to list BFT as threatened or endangered under the 
Endangered Species Act and to designate critical habitat for the 
species. NMFS published a 90-Day Finding on the Petition to List 
Atlantic Bluefin Tuna as Threatened or Endangered under the Endangered 
Species Act on Sept. 21, 2010 (75 FR 57431). The analysis of that 
petition is ongoing.
    Tuna researchers working on tagging projects in the GOM have noted 
that almost all BFT caught by PLL vessels are dead due to the high 
metabolic stress endured during capture from the warm water. Promising 
research results, from an experiment (the weak hook study) conducted by 
the NMFS Harvesting Systems and Engineering Branch, Pascagoula, MS, 
have found over the past 3 years that the weak hook, which is designed 
to bend under pre-determined loads, could potentially result in the 
quick release of large BFT, as well as some large pelagic sharks in PLL 
fisheries. The PLL vessel operators and owners involved in the study 
have shown support for use of weak hooks. Initial results show the 
potential for increasing the biomass of the western BFT stock in the 
short- and long-term with some potential adverse impacts to directed 
fisheries (i.e., approximately a 7 percent reduction in YFT and 41 
percent reduction in swordfish retained for sale).
    On an annual basis, ICAAT issues the United States its BFT quota, 
which is further divided among fisheries under the Consolidated HMS 
FMP. Under the Consolidated HMS FMP, PLL vessels are currently 
allocated 8.1 percent of the available landings quota for the 
incidental retention (and dead discards) of BFT while directing on 
other target

[[Page 2315]]

species such as YFT and swordfish in the GOM and swordfish in the North 
Atlantic. In the last few years however, the total PLL landings and 
dead discards, all of which must be reported to ICCAT, have exceeded 
the Consolidated HMS FMP-based PLL allocation (i.e., landings and dead 
discards comprised 23 percent of the U.S. catch in 2009, substantially 
more than the 8 percent allocation of the U.S. quota assigned for the 
PLL fishery). Beginning in 2007, to provide quota sufficient for the 
PLL fleet to operate for the entire fishing year (based on the best 
available estimates of discards and landings), NMFS has added to the 
Longline category sub-quota a substantial portion of quota unharvested 
by other categories in the prior year. In 2008 and 2009, NMFS provided 
54 mt and 83 mt, respectively, during the annual quota specification 
process to cover the Longline category sub-quota overages. After 2010, 
the amount of unharvested ICCAT-issued quota that the United States may 
carry forward to the subsequent year will be substantially reduced 
(from 50 percent of the total U.S. quota to 10 percent). In addition, 
if U.S. quota for 2011 and beyond remains at current levels, or less, 
there is the potential that other directed BFT fisheries (e.g., 
commercial and recreational handgear fisheries) may fully utilize their 
sub-quotas. Under these types of quota constraints, NMFS may, in future 
years, have to consider closing the PLL target fisheries to avoid 
further incidental catch of BFT or consider closing directed BFT 
fisheries in order to manage the fishery within the available U.S. 
quota and FMP-based quota allocations.
    The objectives of this proposed rulemaking are to: (1) Enhance 
stock rebuilding by increasing BFT spawning potential and subsequent 
recruitment into the fishery, (i.e., rapidly implement the proposed 
action to increase the survival of spawning BFT in 2011 in the GOM 
particularly the 2003 year class); (2) constrain PLL BFT catch to the 
incidental BFT quota allocation; (3) allow the PLL fleet to continue to 
participate in their directed fisheries (e.g., YFT and swordfish) year-
round with less risk of fishery interruption due to insufficient 
incidental quota availability (i.e., minimize negative social and 
economic impacts to the PLL directed fisheries); (4) reduce the need 
for BFT quota reallocation from directed fisheries or the Reserve to 
cover PLL BFT bycatch (i.e., minimize negative and social impacts to 
BFT directed fisheries); and (5) minimize negative ecological impacts 
on non-target or protected species.
    As required by current regulation under the authority of ATCA, the 
retention of BFT in the PLL fishery is allowed incidentally to the 
targeted catch of YFT and swordfish. This incidental catch of BFT must 
be within the target catch retention limits of one BFT per 2,000 lbs of 
target catch, two BFT per 6,000 lbs, and three BFT per 30,000 lbs. BFT 
that are caught in excess of these existing target catch retention 
limits must be discarded and, for purposes of the discussion in this 
proposed rule, may be considered bycatch. Bluefin tuna that are 
discarded dead are counted against the quota along with landed BFT. In 
this proposed rule and related to BFT in the PLL fishery, the terms 
``incidental catch'' and ``bycatch'' are used within this context.

Background and History

    A brief history on the management of the PLL fishery is provided 
below as it pertains to this proposed action. A more complete summary 
of Atlantic HMS management can be found in the 2006 Consolidated HMS 
FMP, in the annual HMS SAFE Reports, and online at http://www.nmfs.noaa.gov/sfa/hms/.
    NMFS has implemented a series of management measures designed to 
regulate the incidental catch of BFT in non-directed Atlantic 
fisheries. In 1981, NMFS prohibited the use of longlines for any 
directed BFT fishery, implemented incidental catch limits, and 
established northern and southern management areas where different 
catch limits applied (46 FR 8012, January 26, 1981). PLL fishermen were 
restricted to two BFT per vessel per trip in the southern region and 2 
percent by weight of all other fish on board in the northern region. In 
1982, ICCAT recommended a ban on directed fishing for BFT in the GOM. 
Over the following decade, the value of BFT increased dramatically and 
fishing practices evolved with respect to incidental catch of BFT. In 
response, NMFS established various management measures to discourage 
PLL vessels from developing a directed fishery for this valuable 
species while allowing for the retention of some incidentally caught 
BFT, which included altering target catch requirements and adjusting 
geographic management areas (57 FR 365, January 6, 1992).
    Despite these efforts, incidental catch of BFT by U.S. PLL vessels 
continued. NMFS continued to evaluate management alternatives to 
achieve a balance between allowing the retention of true incidentally-
caught BFT while preventing a directed fishery and reducing discards.
    On May 28, 1999, NMFS published in the Federal Register (64 FR 
29090) final regulations, effective July 1, 1999, implementing the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999 
FMP). As part of the 1999 FMP, the regulations for all Atlantic HMS, 
including billfish, were consolidated into one part of the Code of 
Federal Regulations, 50 CFR Part 635. The 1999 FMP was the first FMP 
for Atlantic tunas and included numerous management measures governing 
all HMS fisheries including the sub-allocation of 8.1 percent of the 
United States' overall ICCAT allocated quota for BFT landed by PLL 
vessels incidental to directed fishing operations targeting other 
species. Other highlights from the 1999 FMP included a measure to close 
an area of ocean off the Mid-Atlantic Bight to PLL fishing during the 
month of June in an attempt to minimize bycatch of BFT and ensure 
compliance with ICCAT recommendations. The HMS FMP also considered, but 
did not implement, further modifications to target catch requirements 
because of the difficulty in determining catch levels and landings 
allowances that would likely reduce dead discards.
    NMFS also stated that a comprehensive approach to time/area 
closures would be undertaken as part of a bycatch reduction strategy 
after further analysis of the data and consultation with the HMS and 
Billfish advisory panels. This led to the development of a draft 
Technical Memorandum, which was made available to the public on 
November 2, 1999 (64 FR 59162).
    Subsequent to the release of the Technical Memorandum, NMFS 
considered three alternative actions to reduce bycatch and/or bycatch 
mortality in the Atlantic HMS PLL fishery: status quo, gear 
modifications that would decrease hook-ups and/or increase survival of 
bycatch species, and the prohibition of PLL fishing (closures) in areas 
where rates of bycatch are higher. A proposed rule was published 
December 15, 1999 (64 FR 69982), for which alternatives were identified 
and analyzed in a draft Supplemental Environmental Impact Statement (64 
FR 73550, December 30, 1999), that included proposed closed areas for 
PLL gear in the western GOM and off the southeast coast of the United 
States.
    During the comment period on the proposed rule, NMFS received 
comments on many issues related to the proposed time/area closures. In 
particular, commenters asserted that a proposed closure in the western 
GOM would not adequately address juvenile swordfish bycatch in the 
DeSoto Canyon area of the eastern portion of the Gulf.

[[Page 2316]]

Additionally, commenters noted the significant economic impacts 
associated with large scale area closures on vessel operators and 
shoreside support services that would need considerable time for 
adjustment and relocation. Given these comments, NMFS analyzed the 
potential impacts of an additional closed area in the DeSoto Canyon 
area. Subsequently, NMFS published supplementary information regarding 
the potential impacts of closing the DeSoto Canyon Area together with a 
revised summary of the IRFA prepared for the proposed rule (65 FR 
24440, April 26, 2000). The comment period for the proposed rule was 
reopened through May 12, 2000, and NMFS specifically requested comments 
on the extent to which delayed effectiveness of the closure could 
mitigate the economic impacts of area closures.
    On August 1, 2000, NMFS published a final rule that prohibited live 
bait longlining in the GOM and prohibited PLL fishing at any time in 
the DeSoto Canyon area (beginning November 2000) and East Florida Coast 
(beginning February 2001), and from February through April of each year 
in the Charleston Bump area (beginning February 2001) (65 FR 47214, 
August 1, 2000). In the PLL fishery, some species of sea turtles are 
sometimes caught or become entangled in the fishing gear. Because sea 
turtle species are listed as threatened or endangered under the 
Endangered Species Act (ESA), provisions of the ESA, such as Section 7 
Consultation apply to the PLL fishery. During the course of the August 
1, 2000, rulemaking, the PLL fleet exceeded the incidental take 
statement for sea turtles established during the ESA Section 7 
Consultation for the 1999 FMP. That, combined with new information on 
sea turtles and the uncertainty regarding the effect of the closures on 
sea turtles, resulted in reinitiation of consultation and issuance of a 
new Biological Opinion (BiOp) (June 30, 2000), which concluded that the 
continuation of the PLL fishery as proposed was likely to jeopardize 
the continued existence of leatherback and loggerhead sea turtles.
    As a result of the June 2000 BiOp jeopardy finding, NMFS needed to 
implement certain measures to reduce sea turtle bycatch in the PLL 
fishery. NMFS decided that further analyses of observer data and 
additional population modeling of loggerhead sea turtles would be 
needed to determine more precisely the impact of the PLL fishery on sea 
turtles. Because of this, NMFS reinitiated consultation on the HMS 
fisheries on September 7, 2000. In the interim, NMFS implemented 
emergency regulations, based on historical data on sea turtle 
interactions, to reduce the short-term effects of the PLL fishery on 
sea turtles, including the closure of a portion of the Northeast 
Distant Statistical Area (NED) and a requirement that dipnets and line 
clippers be carried and used on PLL vessels to aid in the release of 
any captured sea turtle. These regulations published on October 13, 
2000 (65 FR 60889).
    NMFS issued a BiOp on June 8, 2001 (revised on June 14, 2001), 
which again concluded that the continued operation of the Atlantic PLL 
fishery was likely to jeopardize the continued existence of loggerhead 
and leatherback sea turtles. Accordingly, the BiOp provided a 
reasonable and prudent alternative (RPA) to avoid jeopardy. The RPA 
included the following elements: Closing the NED area effective July 
15, 2001, and conducting a research experiment in this area on various 
PLL gear modifications to reduce sea turtle bycatch and bycatch 
mortality in the PLL fishery. The BiOp also included a requirement that 
all vessels permitted for HMS fisheries post sea turtle handling and 
release guidelines. This requirement was modified to specify its 
application only to bottom and PLL vessels by an August 31, 2001, 
memorandum from the Office of Protected Resources.
    On July 13, 2001, NMFS published an emergency rule (66 FR 36711) to 
implement several of the June 2001 BiOp requirements. NMFS published an 
amendment to the emergency rule to incorporate the change in 
requirements for the handling and release guidelines that were 
published in the Federal Register on September 24, 2001 (66 FR 48812).
    On July 9, 2002, NMFS published the final rule (67 FR 45393) 
implementing measures required under the June 14, 2001 BiOp on Atlantic 
HMS to reduce the incidental catch and post-release mortality of sea 
turtles and other protected species in HMS fisheries, with the 
exception of the gangion placement measure. The rule implemented the 
NED closure, required 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 
prohibited vessels from having hooks on board other than corrodible, 
non-stainless steel hooks. The final rule also required all HMS bottom 
and PLL vessels to post sea turtle handling and release guidelines in 
the wheelhouse. NMFS did not implement the gangion placement 
requirement because it appeared to result in an unchanged number of 
interactions with loggerhead sea turtles and an apparent increase in 
interactions with leatherback sea turtles.
    During this time frame, NMFS again proposed changes to the PLL BFT 
target catch requirements and other modifications to the Longline 
category regulations in December 2002 (67 FR 78404, December 24, 2002). 
The May 2003 final rule set the incidental retention/target catch 
requirements as follows: One large medium or giant BFT per vessel per 
trip may be landed, provided that at least 2,000 lb (907 kg) of species 
other than BFT are legally caught, retained, and offloaded from the 
same trip and are recorded on the dealer weighout slip as sold; two 
large medium or giant BFT may be landed incidentally to at least 6,000 
lb (2,727 kg) of species other than BFT; and three large medium or 
giant BFT may be landed incidentally to at least 30,000 lb (13,620 kg) 
of species other than BFT (68 FR 32414 May 30, 2003). The final rule 
also set Longline category allocations at no more than 60 percent of 
the Longline category quota for landing in the area south of 31 degrees 
north latitude. Twenty-five mt are allocated for incidental catch by 
PLL vessels fishing in the Northeast Distant gear restricted area. The 
required advance notice for any inseason adjustment to target catch 
requirements was set at 21 days. These target catch requirements and 
subquota allocations remain in effect today.
    On November 28, 2003, based on the conclusion of the NED experiment 
and based on preliminary data indicating that the Atlantic PLL fishery 
may have exceeded the ITS established in the June 14, 2001 BiOp, NMFS 
published a Notice of Intent (NOI) to prepare a Supplemental 
Environmental Impact Statement (SEIS) to assess the potential effects 
on the human environment of proposed alternatives and actions under a 
proposed rule to reduce sea turtle bycatch (68 FR 66783).
    In January 2004, NMFS reinitiated consultation after receiving data 
that indicated the Atlantic PLL fishery exceeded the ITS for 
leatherback sea turtles in 2001-2002 and for loggerhead sea turtles in 
2002. In the spring of 2004, NMFS released a proposed rule to require 
PLL fishermen to use certain hook and bait types, and take other 
measures to reduce sea turtle takes and mortality. The resulting June 
1, 2004 BiOp considered these measures and concluded that the PLL 
fishery as proposed was not likely to jeopardize the continued 
existence of loggerhead sea turtles, but was still likely to jeopardize 
the continued existence of leatherback sea turtles.
    On July 6, 2004, NMFS published a final rule (69 FR 40734) pursuant 
to the

[[Page 2317]]

2004 PLL BiOp implementing many gear and bait restrictions and 
requiring certain sea turtle handling and release tools and methods. 
Specifically, the 2004 final rule required vessel operators 
participating in the PLL fishery for Atlantic HMS operating outside of 
the NED, at all times, to possess onboard and/or use only 16/0 or 
larger non-offset circle hooks and/or 18/0 or larger circle hooks with 
an offset not to exceed 10 degrees. Only whole finfish and squid baits 
could be possessed and/or utilized with the allowable hooks outside of 
the NED. The 2004 rule also re-opened the NED to PLL fishing for 
Atlantic HMS, but required vessels with PLL gear onboard in that area, 
at all times, to possess and/or use only 18/0 or larger circle hooks 
with an offset not to exceed 10 degrees. Within the NED, only whole 
mackerel and squid baits may be possessed and/or utilized with 
allowable hooks. Finally, NMFS required specific sea turtle release 
equipment to be possessed on board PLL vessels and adherence to 
specific handling and release techniques for sea turtles. The sea 
turtle handling and release placards and protocols were revised, and a 
video showing proper sea turtle handling techniques was mailed to all 
PLL vessel owners. The placards, protocols, and video were made 
available in English, Spanish, and Vietnamese.
    In 2006, NMFS merged the FMP for Atlantic Tunas, Swordfish, and 
Sharks and the Atlantic Billfish FMP into one Consolidated HMS FMP. The 
final rule implementing the 2006 Consolidated HMS FMP (71 FR 58058, 
Oct. 2, 2006) contained several management measures applicable to the 
PLL fishery. These included: (1) Mandatory workshops for the safe 
release, disentanglement, and identification of protected resources for 
PLL vessel owners and operators; (2) implementation of the Madison-
Swanson and Steamboat Lumps Marine Reserves to complement Gulf of 
Mexico Fishery Management Council regulations; and, (3) a clarification 
of the definitions of bottom longline and PLL gear based upon the 
species composition of the catch onboard or offloaded.
    NMFS also thoroughly considered and analyzed time/area closures as 
a means to minimize bycatch and bycatch mortality in HMS fisheries in 
the Environmental Impact Statement that supported the Consolidated HMS 
FMP. The EIS analyzed the ecological, economic, and social impacts of 
12 alternatives and subalternatives for potential PLL closures in the 
Atlantic and GOM on blue and white marlin, sailfish, spearfish, BFT, 
pelagic and large coastal sharks, and leatherback, loggerhead, and 
other sea turtles as part of the management measures considered to 
reduce bycatch. To evaluate the potential overall conservation benefits 
of each closure scenario, NMFS analyzed the impacts of the 
redistribution of fishing effort under various redistribution schemes 
(e.g., fleet-wide redistribution of effort into all open areas or 
redistribution of effort only to open areas of the GOM). Redistribution 
of effort refers to fishing effort that is, or may be, applied in 
another location due to a closure. Previous research and requests for 
closures of portions of the GOM to protect BFT did not consider 
redistribution of effort when proposing a closure. These requests 
included research that presumed fishermen would simply stop fishing 
altogether if they could not fish in the closed areas. NMFS analyses 
were the only analyses at the time that modeled the potential for 
redistribution of effort related to closures in the GOM.
    NMFS found that with some level of redistributed effort, no one 
closure, or combination of closures, would have reduced bycatch of all 
of the species considered. In addition to implementing complementary 
HMS management measures in the Madison-Swanson and Steamboat Lumps 
Marine Reserves, the final 2006 Consolidated HMS FMP established 
criteria to consider when assessing possible new time/area closures or 
making modifications to existing time/area closures. Criteria that 
would be considered may include, but are not limited to, the following: 
Any ESA-related issues, concerns, recommendations, or requirements 
including those in applicable Biological Opinions; bycatch rates of 
protected species, prohibited HMS, or non-target species both within 
the specified or potential closure area(s) and throughout the fishery; 
bycatch rates and post-release mortality rates of bycatch species 
associated with different gear types; applicable research; new or 
updated landings; bycatch and fishing effort data; social and economic 
impacts; and the practicability of implementing new or modified 
closures, including consistency with the FMP, Magnuson-Stevens Act, 
ATCA, and other applicable law. If the species is an ICCAT-managed 
species, NMFS would consider the effects of domestic and international 
fisheries on that species before implementing time/area closures. Other 
factors that NMFS would consider before implementing time/area closures 
include, but are not limited to, gear types and the location and timing 
of a closed area. NMFS would attempt to balance the ecological benefits 
with economic and social impacts. NMFS would also consider alternatives 
to closed areas, such as reducing quotas, mandatory gear modifications, 
or alternative fishing practices such as designated fishing days. Thus, 
before the implementation of a time/area closure, NMFS would determine 
that such a closure would be the best option for a given set of 
management goals, consistent with the FMP, the Magnuson-Stevens Act, 
and applicable law. Although NMFS decided at the time to not move 
forward with an HMS PLL closure in the GOM given the implications 
associated with redistribution of fishing effort, it stated its intent 
to continue to pursue other alternatives to reduce bycatch in the GOM, 
especially for BFT.
    Since 2006, there have been additional regulatory and management 
actions potentially affecting PLL vessels in the GOM. These include 
Amendment 1 to the Consolidated HMS FMP (74 FR 28018, June 12, 2009), 
which revised HMS Essential Fish Habitat and designated a new Habitat 
Area of Particular Concern (HAPC) for BFT spawning areas in the GOM, 
and implementation of a small closure to protect reef species in the 
GOM named the ``Edges 40 Fathom Closure'' (74 FR 66585, December 16, 
2009). There has also been a positive 90-Day Finding on a Petition to 
List Atlantic Bluefin Tuna as Threatened or Endangered Under the ESA 
(75 FR 57431, September 21, 2010), although this is a preliminary step 
in any listing process. With regard to sea turtles, NMFS has recently 
proposed to list the Northwest Atlantic loggerhead sea turtle as 
``endangered'' under the ESA (75 FR 12598, March 16, 2010).
    In the spring of 2007, observer coverage in the GOM was increased 
to better characterize the interaction of the PLL fleet with BFT on the 
spawning ground with coverage approaching 100 percent during the 
spawning season (April to mid-June). In 2010, approximately 50 percent 
of trips during the BFT spawning season were observed, which provides a 
reliable estimate of bluefin tuna bycatch. Starting in 2007, the NMFS 
Engineering and Harvesting Branch of the Southeast Fisheries Science 
Center (SEFSC), Mississippi Laboratories, began conducting scientific 
research in consultation and cooperation with the domestic PLL fleet in 
the GOM to develop and assess the efficacy of new technologies for 
reducing the bycatch mortality of BFT in the directed YFT fishery. 
During the first year of the

[[Page 2318]]

research, experiments were conducted aboard the NOAA research vessel R/
V Gandy to collect data on the relative force exerted by BFT and YFT 
when captured on PLL gear. Treatments of three different breaking 
strengths of monofilament leader were tested to determine which leader 
strength would effectively release BFT yet retain YFT. Based on 
promising results that indicated certain monofilament leaders were 
capable of releasing BFT of the sizes captured, NOAA researchers began 
working with hook manufacturers to develop a hook design that has less 
tensile strength than standard hook designs. Research conducted since 
has continued to evaluate the efficacy of a weaker 16/0 circle hook in 
reducing the bycatch of BFT by comparing it to a standard 16/0 circle 
hook used in the PLL fishery during targeted fishing operations. (See 
Research Experiment section below.)
    Since January 1, 2007, shark limited access and swordfish limited 
access permit holders who fish with longline or gillnet gear have been 
required to attend a Protected Species Safe Handling, Release, and 
Identification Workshop and submit a certificate to NMFS indicating 
that they have attended a workshop in order to renew their shark and 
swordfish permits. These mandatory workshops teach longline and gillnet 
fishermen the required techniques for the safe handling and release of 
entangled and/or hooked protected species, such as sea turtles, marine 
mammals, and smalltooth sawfish. The overall goal of the workshops is 
to provide fishermen with the skills needed to reduce the mortality of 
protected species to meet the requirements of the 2004 PLL BiOp. 
Approximately two workshops are held monthly in locations along the 
Atlantic coast and the GOM. Over 100 workshops have been conducted 
since 2006.
    On April 20, 2010, an explosion and subsequent fire damaged the 
Deepwater Horizon MC252 oil rig, which capsized and sank approximately 
50 miles southeast of Venice, LA. Oil flowed for 86 days into the GOM 
from a damaged well head on the sea floor. In response to the Deepwater 
Horizon/BP oil spill, NMFS issued a series of emergency rules (75 FR 
24822, May 6, 2010; 75 FR 26679, May 12, 2010; 75 FR 27217, May 14, 
2010) closing a portion of the GOM exclusive economic zone (EEZ) to all 
fishing. The fishery closures ranged in size from 6,817 sq. mi. (<4 
percent of the U.S. GOM) on May 2, 2010, to 88,522 sq. mi. (approx. 37 
percent of the U.S. GOM) on June 2, 2010. NMFS continues to adjust the 
spatial dimensions of the fishery closed area as new information 
becomes available regarding areas affected by oil. Information 
regarding the current status of the oil spill related fishery closed 
area may be found at http://sero.nmfs.noaa.gov/.

Status of BFT and Primary Target Species

Western Atlantic BFT Stock Assessment

    ICCAT's SCRS conducted their latest BFT stock assessments in 
September 2010. The text below (under the headings of ``State of the 
Stock'' through ``Management Recommendations'') is quoted from the 
executive summary of the western BFT stock assessment found in the 
Report of the SCRS, Madrid, Spain, October 4-8, 2010. It is important 
to note that in its summary text, the SCRS made reference to only a few 
specific TAC levels and associated probabilities of success for 
purposes of illustrating the chances of rebuilding the stock 
(maintaining B above B<INF>MSY</INF>) through the rebuilding period and 
preventing overfishing (maintaining F below F<INF>MSY</INF>) around 
certain thresholds, under the low and high recruitment scenarios. 
However, SCRS considered and presented a broad range of TACs under the 
low recruitment, high recruitment, and combined scenarios in ``Kobe II 
matrix'' tables that were part of the SCRS report. Note that the SCRS 
uses the abbreviation ``t'' for tons; it is equivalent to mt.

``State of the Stock

    ``A new assessment was conducted this year, including 
information through 2009. The most influential change since the 2008 
assessment was the use of a new growth curve that assigns fish above 
120 cm to older ages than did the previous growth curve. As a 
result, the base model estimates lower fishing mortality rates and 
higher biomasses for spawners, but also less potential in terms of 
the maximum sustainable yield. The trends estimated during the 2010 
assessment are consistent with previous analyses in that spawning 
stock biomass (SSB) declined steadily from 1970 to 1992 and has 
since fluctuated between 21 percent and 29 percent of the 1970 
level. In recent years, however, there appears to have been a 
gradual increase in SSB from the low of 21 percent in 2003 to an 
estimated 29 percent in 2009. The stock has experienced different 
levels of fishing mortality (F) over time, depending on the size of 
fish targeted by various fleets. Fishing mortality on spawners (ages 
9 and older) declined markedly after 2003.
    ``Estimates of recruitment were very high in the early 1970s, 
and additional analyses involving longer catch and index series 
suggest that recruitment was also high during the 1960s. Since 1977, 
recruitment has varied from year to year without trend with the 
exception of a strong year-class in 2003. The 2003 year-class is 
estimated to be the largest since 1974, but not quite as large as 
those prior to 1974. The 2003 year class is expected to begin to 
contribute to an increase in spawning biomass after several years. 
The Committee expressed concern that the year-class estimates 
subsequent to 2003, while less reliable, are the lowest on record.
    ``A key factor in estimating maximum sustainable yield (MSY)-
related benchmarks is the highest level of recruitment that can be 
achieved in the long term. Assuming that average recruitment cannot 
reach the high levels from the early 1970s, recent F (2006-2008) is 
70 percent of the MSY level and SSB<INF>2009</INF> is about 10 
percent higher than the MSY level. Estimates of stock status are 
more pessimistic if a high recruitment scenario is considered (F/
F<INF>MSY</INF>=1.9, B/B<INF>MSY</INF>=0.15).
    ``One important factor in the recent decline of fishing 
mortality on large BFT is that the TAC had not been taken during 
this time period until 2009, due primarily to a shortfall by the 
United States fisheries (until 2009). Two plausible explanations for 
the shortfall were put forward previously by the Committee: (1) That 
availability of fish to the United States fishery has been 
abnormally low, and/or (2) the overall size of the population in the 
Western Atlantic declined substantially from the level of recent 
years. While there is no overwhelming evidence to favor either 
explanation over the other, the base case assessment implicitly 
favors the first hypothesis (regional changes in availability) by 
virtue of the estimated increase in SSB. The decrease indicated by 
the U.S. catch rate of large fish is matched by an increase in 
several other large fish indices. Nevertheless, the Committee notes 
that there remains substantial uncertainty on this issue and more 
research needs to be done.
    ``The SCRS cautions that the conclusions of this assessment do 
not capture the full degree of uncertainty in the assessments and 
projections. An important factor contributing to uncertainty is 
mixing between fish of eastern and western origin. Limited analyses 
were conducted of the two stocks with mixing in 2008, but little new 
information was available in 2010. Based on earlier work, the 
estimates of stock status can be expected to vary considerably 
depending on the type of data used to estimate mixing (conventional 
tagging or isotope signature samples) and modeling assumptions made. 
More research needs to be done before mixing models can be used 
operationally for management advice. Another important source of 
uncertainty is recruitment, both in terms of recent levels (which 
are estimated with low precision in the assessment), and potential 
future levels (the ``low'' vs. ``high'' recruitment hypotheses which 
affect management benchmarks). Improved knowledge of maturity at age 
will also affect the perception of changes in stock size. Finally, 
the lack of representative samples of otoliths requires determining 
the catch at age from length samples, which is imprecise for larger 
BFT.

``Outlook

    ``A medium-term (10-year) outlook evaluation of changes in 
spawning stock size and yield over the remaining rebuilding period 
under various management options was conducted. Future recruitment 
was

[[Page 2319]]

assumed to fluctuate around two alternative scenarios: (i) Average 
levels observed for 1976-2006 (85,000 recruits, the low recruitment 
scenario) and (ii) levels that increase as the stock rebuilds (MSY 
level of 270,000 recruits, the high recruitment scenario). The 
Committee has no strong evidence to favor either scenario over the 
other and notes that both are reasonable (but not extreme) lower and 
upper bounds on rebuilding potential.
    ``The outlook for BFT in the West Atlantic with the low 
recruitment scenario (is more optimistic with respect to current 
stock status than that from the 2008 assessment (owing to the use of 
improved information on the growth of BFT). A total catch of 2,500 t 
is predicted to have at least a 50 percent chance of achieving the 
convention objectives of preventing overfishing and maintaining the 
stock above the MSY level. The outlook under the high recruitment 
scenario is more pessimistic than the low recruitment scenario since 
the rebuilding target would be higher; a total catch of less than 
1,250 t is predicted to maintain F below F<INF>MSY</INF>, but the 
stock would not be expected to rebuild by 2019 even with no fishing.
    ``[The Kobe II matrices] summarize the estimated chance that 
various constant catch policies will allow rebuilding under the high 
and low recruitment scenarios for the base-case. The low recruitment 
scenario suggests the stock is above the MSY level with greater than 
60 percent probability and catches of 2,500 t or lower will maintain 
it above the MSY level. If the high recruitment scenario is correct, 
then the western stock will not rebuild by 2019 even with no catch, 
although catches of 1,100 t or less are predicted to have a 60 
percent chance to immediately end overfishing and initiate 
rebuilding. The Committee notes that considerable uncertainties 
remain for the outlook of the western stock, including the effects 
of mixing and management measures on the eastern stock.

``Effects of current regulations

    ``The Committee previously noted that Recommendation 06-06 was 
expected to result in a rebuilding of the stock towards the 
convention objective, but also noted that there has not yet been 
enough time to detect with confidence the population response to the 
measure. This statement is also true for Recommendation 08-04, which 
was implemented in 2009. Some of the available fishery indicators as 
well as the current assessment suggest the spawning biomass of 
western BFT may be slowly rebuilding.
    ``Management recommendations

``In 1998, the Commission initiated a 20-year rebuilding plan 
designed to achieve B<INF>MSY</INF> with at least 50 percent 
probability. In response to recent assessments, in 2008 the 
Commission recommended a total allowable catch (TAC) of 1,900 t in 
2009 and 1,800 t in 2010 [Rec. 08-04].
    ``The current (2010) assessment indicates similar historical 
trends in abundance as in previous assessments. The strong 2003 year 
class has contributed to stock productivity such that biomass has 
been increasing in recent years.
    ``Future stock productivity, as with prior assessments, is based 
upon two hypotheses about future recruitment: A `high recruitment 
scenario'' in which future recruitment has the potential to achieve 
levels that occurred in the early 1970's and a ``low recruitment 
scenario'' in which future recruitment is expected to remain near 
present levels. Results in previous assessments have shown that long 
term implications of future biomass are different between the two 
hypotheses and this research question remains unresolved. However, 
the current (2010) assessment is also based on new information on 
western BFT growth rates that has modified the Committee's 
perception of the ages at which spawning and maturity occur. 
Maturity schedules remain very uncertain, and, thus, the application 
of the new information in the current (2010) assessment accentuates 
the differences between the two recruitment hypotheses.
    ``Probabilities of achieving B<INF>MSY</INF> within the 
Commission rebuilding period were projected for alternative catch 
levels. The ``low recruitment scenario'' suggests that biomass is 
currently sufficient to produce MSY, whereas the ``high recruitment 
scenario'' suggests that B<INF>MSY</INF> has a very low probability 
of being achieved within the rebuilding period. Despite this large 
uncertainty about the long term future productivity of the stock, 
under either recruitment scenario current catches (1,800 t) should 
allow the biomass to continue to increase. Also, catches in excess 
of 2,500 t will prevent the possibility of the 2003 year class 
elevating the productivity potential of the stock in the future.
    ``The SCRS notes that the 2010 assessment is the first time that 
this strong 2003 year-class has been clearly demonstrated, likely as 
a result of age assignment refinements resulting from the growth 
curve and additional years of data; more observations from the 
fishery are required to confirm its relative strength. A further 
concern is that subsequent year-classes, although even less well 
estimated, are the lowest observed values in the time series. The 
Commission may wish to protect the 2003 year class until it reaches 
maturity and can contribute to spawning. Maintaining catch at 
current levels (1,800 t) may offer some protection.
    ``As noted previously by the Committee, both the productivity of 
western Atlantic BFT and western Atlantic BFT fisheries are linked 
to the eastern Atlantic and Mediterranean stock. Therefore, 
management actions taken in the eastern Atlantic and Mediterranean 
are likely to influence the recovery in the western Atlantic, 
because even small rates of mixing from East to West can have 
significant effects on the West due to the fact that Eastern plus 
Mediterranean resource is much larger than that of the West.''

ICCAT's 2010 Western Atlantic BFT Recommendation

    At its November 2010 meeting, ICCAT adopted a measure for western 
Atlantic BFT that, among other things, reduced the TAC from 1,800 mt to 
1,750 mt for both the 2011 and 2012 fishing seasons--a 2.8 percent 
reduction overall. The Kobe II matrices show that, under the low 
recruitment scenario, the new TAC has a 99 percent probability of 
maintaining the fishing mortality of western bluefin tuna for 2011 and 
2012 below the fishing mortality associated with MSY and a 95 percent 
probability of maintaining the stock above the biomass that will 
support MSY (B<INF>MSY</INF>) through the end of the rebuilding period, 
i.e., by 2019. Under the combined scenario, the TAC has a 54 percent 
probability of ending overfishing within 2 years and a 48 percent 
probability of rebuilding the stock to the B<INF>MSY</INF> level by the 
end of the rebuilding period. Under the high recruitment scenario, the 
TAC has an 8 percent probability of ending overfishing within two years 
and a zero chance of rebuilding the stock to the B<INF>MSY</INF> level 
by the end of the rebuilding period. Under any scenario, the agreed TAC 
is expected to support continued stock growth if compliance with agreed 
rules remains strong.
    The 2010 ICCAT western Atlantic BFT recommendation is scheduled to 
enter into force in June 2011. NMFS plans to implement the U.S. portion 
of the TAC in the spring of 2011 via proposed and final rulemaking to 
set quotas for the domestic fishing categories.

BFT and the Gulf Oil Spill

    Data are not available, at this time, to demonstrate any specific 
effects of the Deepwater Horizon/BP oil spill on the BFT, YFT, 
swordfish, or other HMS resources. However, it is possible that the oil 
spill could have impacts on fish eggs and larval stages of species 
(including BFT, YFT, swordfish, and other highly migratory species that 
occur in the GOM). Oil from the spill has dispersed on the surface as 
well as deep within the water column, but in the time since the well 
head was capped, oil has disappeared from some areas. BFT spawn from 
April to mid-June. Oil that was present in surface waters could have 
affected the survival of eggs and larvae and affected recruitment. 
Effects on the physical environment such as low oxygen and the inter-
related effects that culminate and magnify through the food web could 
lead to impacts on the ability of larvae and post-larvae to survive, 
even if they never encountered oil. In addition, effects of oil 
exposure may not always be lethal, but can create sub-lethal effects on 
the eggs, larva, and early life stages of fish. There is the potential 
that the stressors can be additive, and each stressor may increase the 
susceptibility to the harmful effects of the other. Conversely, 
juvenile BFT, YFT, swordfish, and most other HMS

[[Page 2320]]

are pelagic in nature, have a fast growth rate, and quickly gain the 
ability to swim over long distances. This capability may allow juvenile 
HMS to avoid areas of concentrated oil. In addition, there would be 
less potential impacts to HMS juveniles and adults if oil remains on 
the surface, continues to wash ashore, or continues to decompose to 
non-lethal levels.

Atlantic Yellowfin Tuna Stock Assessment

    As described above, the GOM PLL fishery targets YFT and, to a 
lesser extent, swordfish. These species, along with BFT and others, are 
managed by ICCAT. The ICCAT SCRS conducted a full stock assessment for 
YFT in 2008, applying both an age-structured model and a non-
equilibrium production model to the available catch data through 2006. 
In summary, 2006 catches were estimated to be well below MSY levels, 
stock biomass was estimated to be near the Convention Objective (near 
B<INF>MSY</INF> or the level of biomass that can sustain MSY) and 
fishing mortality rates somewhat below F<INF>MSY</INF>. Trends through 
2006 indicate declining effective effort and some recovery of stock 
levels. However, when the uncertainty around the point estimates from 
both models is taken into account, there was still about a 60 percent 
chance that stock status was not consistent with Convention Objectives.

North Atlantic Swordfish Stock Assessment

    The current SCRS results for swordfish indicate that the stock is 
at or above B<INF>MSY</INF>. The estimated relative biomass trend shows 
a consistent increase since 2000. The relative trend in fishing 
mortality shows that the level of fishing peaked in 1995, followed by a 
decrease until 2002, followed by small increase in the 2003-2005 period 
and downward trend since then. Fishing mortality has been below 
F<INF>MSY</INF> since 2005. The results suggest that there is a greater 
than 50 percent probability that the stock is at or above 
B<INF>MSY</INF>, and thus ICCAT's rebuilding objective has been 
achieved. However, it is important to note that, since 2003, the 
catches have been below the TAC, greatly increasing the chances for a 
fast recovery. Overall, the stock was estimated to be somewhat less 
productive than the previous assessment, with the intrinsic rate of 
increase, r, estimated at 0.44 compared to 0.49 in 2006.

GOM PLL Fishery

    The PLL fishery for Atlantic HMS primarily targets swordfish, YFT, 
and bigeye tuna in various areas and seasons. Secondary target species 
include dolphin (fish), albacore tuna, and, to a lesser degree, sharks. 
Although PLL gear can be modified (e.g., depth of set, hook type, hook 
size, bait, etc.) to target swordfish, tunas, or sharks, it is 
generally a multi-species fishery. These vessel operators are 
opportunistic, switching gear style and making subtle changes to target 
the fish providing the most economic benefit for each individual trip. 
PLL gear sometimes attracts and hooks non-target finfish with little or 
no commercial value, as well as species that cannot be legally retained 
by commercial fishermen, such as billfish. PLL gear may also interact 
with protected species such as marine mammals, sea turtles, and 
seabirds. Thus, this gear has been classified as a Category I fishery 
with respect to the Marine Mammal Protection Act (MMPA). Any species 
(or undersized catch of permitted species) that cannot be legally 
landed is required to be released, regardless of whether the catch is 
dead or alive.
    The U.S. PLL fishery has historically been comprised of five 
relatively distinct segments with different fishing practices and 
strategies. These segments are: (1) The GOM YFT fishery; (2) the South 
Atlantic-Florida east coast to Cape Hatteras swordfish fishery, 
although historical catches have decreased because of the Florida East 
Coast and Charleston Bump time/area closures; (3) the Mid-Atlantic and 
New England swordfish and bigeye tuna fishery; (4) the U.S. distant 
water swordfish fishery; and, (5) the Caribbean Islands tuna and 
swordfish fishery. In addition to geographical area, these segments 
have historically differed by percentage of various target and non-
target species, gear characteristics, and deployment techniques. Some 
vessels fish in more than one fishery segment during the course of a 
year. Due to the various changes in the fishery (i.e., regulations, 
operating costs, market conditions, species availability, etc.) the 
fishing practices and strategies of these different segments may change 
over time.
    GOM vessels primarily target YFT year-round; however, a handful of 
these vessels directly target swordfish, either seasonally or year-
round. Longline fishing vessels that target YFT in the GOM also catch 
and sell dolphin (fish), swordfish, other tunas, and sharks. During YFT 
fishing, few swordfish are captured incidentally. Many of these vessels 
participate in other GOM fisheries (targeting shrimp, shark, and 
snapper/grouper) during allowed seasons. Home ports for this fishery 
include, but are not limited to, Madiera Beach, FL; Panama City, FL; 
Dulac, LA; and Venice, LA.

Research Experiment

    NMFS, Engineering and Harvesting Branch of the Southeast Fisheries 
Science Center (SEFSC), Mississippi Laboratories, worked with the GOM 
PLL fleet from 2007-2010, to collaboratively develop technology to 
address a growing concern about bycatch mortality of spawning BFT. 
Research efforts focused on how to take advantage of the difference in 
the relative larger size of spawning bluefin as compared to the target 
species, YFT. NMFS researchers worked with hook manufacturers to 
develop a hook design that has less tensile strength than standard hook 
designs. Research conducted in 2008-2010 evaluated the efficacy of a 
weaker 16/0 circle hook in reducing the bycatch of BFT by comparing it 
to a standard 16/0 circle hook used in the PLL fishery.
    The control treatment was an industry standard Mustad 16/0 circle 
hook (model 39960D) with 0[deg] of offset, constructed of 4.0 mm steel 
wire with Duratin coating. The experimental treatment was a custom made 
Mustad 16/0 circle hook (model 39988D) with 0[deg] of offset, 
constructed from 3.65 mm steel wire with Duratin coating. Experimental 
hooks and standard 16/0 circle hooks were alternated on the longline 
during sets. Other than the experimental design requirements, captains 
were allowed to fish normally and chose the location of fishing, length 
of trips, total number of hooks fished, etc. All vessels participating 
in the experiment carried NMFS trained observers who collected fishery 
data as described by the SEFSC PLL Observer Program. Over the course of 
the study from 2008-10, data was collected from six vessels completing 
34 trips with 311 PLL sets deploying 198,606 total hooks (99,303 of 
each hook type).
    A total of 33 BFT were caught during the experiment, of which 10 
were caught on the experimental hook for a statistically significant 
reduction of 56.5 percent compared to the control hook (95 percent 
confidence interval (CI) = 8.7 percent to 79.3 percent). Vessels landed 
a total of 2,065 YFT, of which 1,016 were caught on the experimental 
hook for a reduction of 3.2 percent (95 percent CI = 11.2 percent to -
5.6 percent; a negative number denotes an increase), which was not 
statistically significant. Not all YFT caught are retained for sale 
mainly due to some fish not meeting the minimum size limit. The 
difference in YFT retained for sale between the control and 
experimental hooks was analyzed and

[[Page 2321]]

showed a reduction of 7.0 percent (95 percent CI = 15.6 percent to -2.5 
percent), which was not statistically significant.
    The total swordfish catch per unit effort (CPUE) (number of fish 
per 1,000 hooks) for the control and experimental hooks (1.21 and 1.15, 
respectively) were not significantly different. The difference in the 
catch of swordfish retained for sale (0.34 control and 0.20 
experimental) was not statistically significant. The difference in 
CPUEs for the control and experimental hooks for wahoo (1.48 and 1.09 
respectively) was statically significant. The difference in CPUEs for 
dolphin fish (4.25 and 3.93 respectively) and escolar (1.81 and 1.78 
respectively) were not significantly different. A total of 96 white 
marlin and roundscale spearfish combined were caught and discarded with 
38 and 58 fish caught on the control and experimental hook, 
respectively, for an increase of 52.7 percent that was marginally 
significant.
    The data presented suggest a weaker circle hook design may have the 
potential to mitigate bycatch mortality of BFT with minimal reduction 
in the retention of the YFT target catch and some potential reduction 
in swordfish retained. The evaluation of the condition of hooks that 
caught BFT shows that BFT interaction with control hooks (the currently 
required hook/industry standard) commonly results in deformation of the 
hook. These observations suggest some portion of the 53 straightened 
control hooks that resulted in fish escapement were likely due to BFT 
interactions.
    There are several factors that contribute to the application of the 
level of force necessary to straighten a hook during the interactions 
with animals. It would be difficult to assess all of these factors. 
This research has shown that YFT weight is a contributing factor. It is 
reasonable to suspect the same is true for BFT. Other factors which may 
influence the level of force exerted on a hook by an animal during 
interaction include: Water temperature, currents, fishing depth, hooks 
between floats, distance to the nearest float, interaction with other 
animals on the longline, and vessel hauling practices.
    The retention rate of YFT with the experimental hook was highly 
variable among the vessels participating in the experiment. The two 
vessels with the highest reduction of YFT also had the highest rate of 
fish escapement due to straightened experimental hooks. Attempts were 
made to standardize the gear configurations as much as possible during 
this fishery dependant research. Therefore, it is probable that 
variability in YFT retention rates was a result of the variability in 
hauling practices. NMFS anticipates that this variability in the 
performance of the new hook design will be reduced over time as 
fishermen become more familiar with fishing with the weak hook. As with 
any new conservation technology, minor adjustments in fishing practices 
are often needed in order to optimize the gear performance. However, 
the majority of the vessels involved with the study continue to use the 
new hook design. Additional vessels, not involved in the study, have 
purchased the experimental hook for use. Additional research will 
improve the statistical precision and confidence of the results and, if 
conducted on a year round basis, will help evaluate possible temporal 
effects of the weak hook on the target catch.

Weak Hook Implementation in the PLL Fishery

    In this proposed rule, NMFS proposes to require all PLL vessels 
fishing in the GOM to use weak hooks. This alternative would limit 
vessel operators participating in the Atlantic HMS PLL fishery in the 
GOM, at all times, to possess and/or use only weak hooks immediately 
upon the effective date of the action. A weak hook would be defined as 
a circle hook, meeting current size and offset restrictions, 
constructed of only round wire stock that is no larger than 3.65 mm in 
diameter. All other existing requirements for the GOM PLL fishery would 
remain in effect including, but not limited to: Existing hook size and 
shape requirements; existing bait requirements; existing time/area 
closures and live bait restrictions in the GOM PLL fishery; and 
existing possession and use requirements for bycatch mitigation gear, 
as well as sea turtle handling and release training and guidelines 
currently specified by NMFS. The fishery would continue to comply with 
all requirements of existing biological opinions.
    The agency would conduct simultaneously an outreach program and 
work with dealers and vessel operators to educate and ensure the 
requirement is understood and implemented. Research programs would 
continue to determine the effect on bycatch and discard mortality of 
BFT and other bycatch, as well as target catches.
    Assuming similar reductions from gear modifications as reflected in 
the GOM PLL BFT mitigation research, implementation of weak hooks could 
reduce the bycatch of BFT in the GOM PLL fishery by approximately 56.5 
percent. This would likely result in a reduction in the number of BFT 
caught in the GOM from an annual average of 285 individual fish from 
2006-2009 to approximately 124 individual fish. Reductions in 
interactions of this magnitude could have positive impacts on the BFT 
population by minimizing bycatch of spawning BFT, and thus bycatch 
mortality due to incidental interactions with PLL gear. Post-release 
mortality is expected to be reduced because BFT straighten the weak 
hooks relatively quickly after being caught and likely do not incur as 
high a level of metabolic stress as when the fish stay on the hook 
until being retrieved upon haul-back of the gear. Due to the fact that 
BFT have the highest level of energy available at the moment when they 
become hooked, NMFS suspects that escapement occurs soon after hook-up. 
Years of observer data and research fishing have shown that most BFT 
are dead upon haul-back of PLL gear set in the GOM. A reduction in the 
number of BFT captured incidentally by PLL operations in the GOM could 
possibly save 124 spawning BFT annually. Some positive ecological 
impacts may be realized in the near future if the weak hook is 
implemented prior to the 2011 spawning season. Rapid implementation 
could aid in the survival of the large 2003 year class identified by 
the ICCAT SCRS as warranting particular management attention. Enhanced 
survival of spawners from this year class may improve spawning success 
and size of subsequent year classes, ultimately increasing stock 
biomass.
    While research results indicated a reduction in BFT bycatch, the 
results indicated a 52.7 percent increase in bycatch of white marlin 
and roundscale spearfish, combined, with the use of weak hooks as 
compared to the catch rate of the standard circle hook currently used 
by the GOM PLL fleet. The weak hook research indicated an increase of 
52.7 percent in white marlin/roundscale spearfish catch, and this 
analysis assumes that the increase in catch would be proportionally the 
same for live discards and dead discards, thus representing a 52.7 
percent increase in each. For the purposes of this analysis, NMFS 
assumes a 52.7 percent increase in dead discards. White marlin are 
considered to be overfished, although much uncertainty exists about the 
current population status due in part to confusion of white marlin with 
roundscale spearfish in various databases. Roundscale spearfish were 
recently recognized as a distinct, separate species (75 FR 57698;

[[Page 2322]]

September 22, 2010). The status of roundscale spearfish stocks is 
unknown. NMFS determined that listing white marlin as endangered or 
threatened under the ESA was not warranted in both 2002 and 2008.
    According to logbook data, the average annual bycatch of white 
marlin in the GOM PLL fishery from 2006-2009 was 299 individual fish. 
With weak hook use in the GOM, the expected catch of white marlin in 
the GOM PLL fishery could increase by 158 to approximately 457 
individual white marlin, annually. Due to the difficulty of 
distinguishing roundscale spearfish from white marlin, it is likely 
that some roundscale spearfish are included in the reporting of white 
marlin catches. Therefore, the estimate of additional white marlin 
catch would likely be a combination of white marlin and roundscale 
spearfish.
    According to observer data, white marlin dead discards in the GOM 
PLL fishery in 2009 were 13,200 lbs, which equates to 275 individual 
fish (using the 2008 average white marlin dead discard weight of 48 
lbs). NMFS fishery observers are trained to distinguish white marlin 
from roundscale spearfish; therefore, it is likely that roundscale 
spearfish are not included in the white marlin dead discard data for 
2009. If white marlin dead discards increase by 52.7 percent (as found 
during research fishing), an additional 144 white marlin could be 
discarded dead. There may also be some additional roundscale spearfish 
dead discards that could occur with the use of weak hooks; however, 
NMFS is unable to provide an estimate at this time. NMFS found no 
significant difference in bycatch of blue marlin or sailfish while 
using industry standard circle hooks and the experimental weak hook on 
PLL gear in the GOM.
    With regard to target species and other marketable catch, data from 
the GOM PLL BFT mitigation research indicate that the experimental weak 
hook facilitates the release of BFT but also decreases YFT and 
swordfish catch by 3.2 percent and 5.0 percent, respectively. The 
reduction in catch for YFT and swordfish was not statistically 
significant. Further, use of the weak hook may decrease the number of 
YFT and swordfish retained for sale (meaning fish equal to or larger 
than the minimum size) by 7.0 percent and 41.2 percent, respectively. 
The reductions in fish retained for sale were not statistically 
significant. With use of the weak hook, the number of wahoo caught may 
decrease by 26.6 percent. The results for pelagic and large coastal 
sharks were not significant; although, observations were mixed with 
reduction in catch observed for some species and increases in catch for 
others. These uncertain results are likely due to low numbers of 
observations during the experiment. The results of the weak hook study 
for species with low sample size (<10 individuals) cannot be relied 
upon to determine the effects of using the experimental hook.
    With the use of weak hooks in the GOM PLL fishery, potential 
decreases in YFT, swordfish, and wahoo catches, by number of fish, may 
have positive ecological benefits for all three species by leaving more 
sexually mature individuals in the ecosystem. Decreased YFT and 
swordfish catches may have negative ecological impacts for species 
known to interact with PLL gear if an increase in fishing effort occurs 
in order to offset reduced YFT catches. Increased effort may result in 
an increase in bycatch and bycatch mortality of non-target species, 
including billfish and protected resources. With the use of weak hooks, 
potential decreases in lancetfish bycatch by 14.8 percent (which was 
statistically significant) may have positive ecological benefits for 
lancetfish by leaving more fish in the ecosystem to reproduce.
    A reduction in catch of some pelagic and large coastal sharks did 
occur with the experimental hook; although only a few observations were 
recorded and the reduction was not statistically significant. If some 
reduction in catch of pelagic or large coastal sharks actually occurs 
with the use of weak hooks, some unquantifiable positive ecological 
benefits for pelagic and large coastal sharks may occur due to the 
reduction in marketable sharks retained.
    The use of weak hooks in the GOM PLL fishery would continue to 
provide positive ecological impacts, similar to the existing required 
standard circle hook, by facilitating the removal of fishing gear, 
which is expected to increase post-hooking survival of species caught 
incidentally to target fishing operations, including protected species. 
Additionally, anecdotal reports from scientists that conducted the weak 
hook study indicated that the weak hook was easier to dislodge from 
incidentally captured/foul hooked leatherback sea turtles than the 
currently required standard circle hook.
    Magnuson-Stevens Act National Standard 9 was identified in the 2006 
Consolidated HMS FMP along with National Standard 1 as priority 
management goals for HMS fisheries, particularly the Atlantic PLL 
fishery. National Standard 9 states that ``conservation and management 
measures shall, to the extent practicable, (A) minimize bycatch and (B) 
to the extent bycatch cannot be avoided minimize the mortality of such 
bycatch.'' National Standard 9 applies to all species and fisheries. 
National Standard 1 states that ``Conservation and management measures 
shall prevent overfishing while achieving, on a continuing basis, the 
optimum yield from each fishery for the United States fishing industry. 
The 2006 HMS FMP analysis of alternatives for time area closures and 
combinations of closures showed higher bycatch levels for some species 
and lower for others. NMFS did not prefer any new closures in the 2006 
Consolidated HMS FMP, except the complementary measures in the Madison-
Swanson and Steamboat Lumps Marine Reserves, and did not modify any 
closures at that time primarily because no closure alternative or 
combination of alternatives would substantially reduce the bycatch of 
all species considered, assuming redistribution of effort, and address 
other goals of the FMP, including minimizing any negative impacts.
    This proposed action is expected to reduce BFT bycatch. The recent 
NMFS weak hook study was conducted in response to concerns for spawning 
age BFT PLL post release survivability in the GOM and provides 
information that may help to reduce bycatch and bycatch mortality of 
spawning age BFT. Preliminary results of the study showed a reduction, 
no change, or inconclusive results in the bycatch of species caught on 
PLL gear in the GOM except for an increase in bycatch of white marlin 
and roundscale spearfish. NMFS does not believe that this increase is 
likely to have population or ecosystem effects for those species 
because the predicted increase of 144 white marlin (or 1.05 mt in 2009 
at 48 lb per fish) dead discards represents less than 0.8 percent of 
the total amount of international white marlin catch (which includes 
recreational landings and commercial dead discards) in the North 
Atlantic (406 mt in 2009). Due to misidentification of roundscale 
spearfish as white marlin, the total of white marlin international 
catch also includes some roundscale spearfish and, as such, indicates 
that any potential increase in roundscale spearfish that might occur in 
the GOM PLL fishery as a result of this proposed action should be very 
small in relation. In addition, NMFS already has comprehensive 
regulations in place to conserve these species in its domestic 
fisheries. Under current regulations, PLL vessels are not allowed to 
retain white marlin/roundscale spearfish, and any that are captured 
must be released alive or

[[Page 2323]]

discarded if dead. Additionally, PLL vessels are currently required to 
possess and use protected species safe handling and release gears and 
techniques that aid in releasing hooked animals, including white 
marlin, and maximize post-release survival without removing the fish 
from the water. Most white marlin/roundscale spearfish that are hooked 
are released alive. Beyond PLL vessels, current regulations also 
include a ban on retention on all commercial fishing vessels, observer 
coverage and mandatory reporting on commercial fishing vessels, a 
recreational size limit, and an annual 250 marlin landings limit in 
recreational fisheries.
    If this proposed action was finalized, NMFS would continue research 
with weak hook technology and closely monitor white marlin and 
roundscale spearfish catch through observer coverage in the fishery. 
Should the increased catches of white marlin and roundscale spearfish 
continue, NMFS would investigate potential mitigation measures that 
might be implemented if necessary to reduce the catches and/or reduce 
the bycatch mortality associated with the catches. Such measures could 
include adopting a seasonal application of the weak hook, modification 
or removal of the weak hook requirement or other measures as necessary 
and appropriate. NMFS would closely monitor fleet activities and catch 
statistics and consider making management measures adjustments, 
including use of inseason management authority, should the data 
warrant. Given the conservation and management measures in place and 
continued research and monitoring, and taking into account the National 
Standard 9 Guidelines, NMFS believes that this proposed rule minimizes 
bycatch and bycatch mortality to the extent practicable.
    Implementation of weak hooks in the GOM PLL fishery would be 
expected to have moderate negative social and economic impacts in the 
short-term for those vessels able to successfully utilize the weak hook 
when fishing with PLL for YFT and other species in the GOM and greater 
temporary negative economic impacts for those vessels that are unable 
to quickly alter their fishing techniques to successfully utilize the 
weak hook technology. NMFS gear researchers have found that fishermen 
participating in research tend to work through a learning curve with 
new technology and generally improve their performance with a 
particular gear over time.
    As mentioned above, a reduction in catch of some pelagic and large 
coastal sharks did occur with the experimental hook; although only a 
few observations were recorded and the reduction was not statistically 
significant. If some reduction in catch of pelagic or large coastal 
sharks actually occurs with the weak hook, some unquantifiable negative 
economic impacts may occur due to the reduction in marketable sharks 
retained. Conversely, some unquantifiable economic benefits may result 
if fishing efficiency increases and fishermen lose less fishing time 
clearing lines and handling large unmarketable sharks. Additionally, 
fishermen may experience a reduction in economic losses due to damaged 
or lost fishing gear.
    A probability analysis of the potential change in numbers of BFT 
incidentally caught, but allowed to be retained due to target catch 
tolerances, showed only a small reduction with the use of the weak 
hook. Because only a small portion of the BFT caught are available for 
landing, the 56.5 percent reduction in catch observed with the weak 
hook design will not likely result in a 56.5 percent reduction in 
landings. The majority of trips that landed BFT actually caught more 
than twice as many BFT as they landed. Therefore, for a majority of 
trips, the new hook design will not affect the opportunity for vessels 
to land the allowable number of BFT under existing regulations. The 
probability analysis used observer data from 2009 and 2010, and 
estimated any changes in landings that might have occurred if the weak 
hook had been used. There were 68 observed trips in 2009 and 34 trips 
observed in 2010 during the BFT tuna observer coverage period. The 
estimates are based on 2009 and 2010 non-experimental data where 320 
BFT were caught with 47 landed during observed trips in 2009, and 115 
BFT were caught with 12 landed during observed trips in 2010. The 
maximum number of BFT caught during a trip was 18 and the maximum 
number of BFT landed from a trip was two. Results show that use of the 
weak hook is predicted to decrease the number of BFT retained by only 
14 percent (i.e., from 59 observed landings to 51 predicted) with the 
use of weak hooks. This minor reduction in landings would likely result 
in minimal negative economic impacts.
    The use of weak hooks in the GOM PLL fishery is predicted to have 
indirect positive economic and social impacts to both the PLL fishery 
and on the targeted BFT fishery. In past years, the PLL fishery has 
landed and discarded dead BFT substantially in excess of its allocated 
quota. If landings and discards can be brought more into alignment with 
FMP sub-quotas, then management actions with likely substantial 
negative impacts, such as closure of the PLL fishery, may not need to 
be considered for quota management purposes. Exceeding PLL allocated 
incidental quotas (landings and dead discards) has also meant that the 
BFT sub-quotas have had to be reallocated from prior year underage, the 
reserve, or directed categories with underharvest to ensure the United 
States does not exceed its total ICCAT allocated quota. In the near 
future, however, NMFS may not have the same ability to reallocate quota 
if ICCAT quotas decrease and directed BFT categories fully meet their 
own individual quota allocations. The anticipated increased 
availability of adult (and greater than or equal to the commercial 
minimum size limit of 73 inches curved fork length) BFT as the strong 
2003 year class continues to mature increases the likelihood of, not 
only increased landings from directed fishing categories, but increased 
incidental interactions with PLL gear as well. Unless incidental BFT 
catch is brought into alignment with the available BFT incidental PLL 
quota, it is possible that quota may need to be transferred from 
directed quota categories resulting in early closures and negative 
social and economic impacts to these directed BFT fisheries or that the 
PLL fishery would have to be closed prior to the end of the fishing 
year.

Request for Comments

    Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax. Comments may also be submitted at a 
public hearing (see Public Hearings and Special Accommodations below). 
NMFS solicits comments on this proposed rule by February 12, 2011 (see 
DATES and ADDRESSES).
    NMFS will hold three public hearings for this proposed rule. The 
meeting times, dates, and locations follow. All meetings will begin 
with an opportunity for individuals to receive information and ask 
questions about the GOM PLL BFT Mitigation Research followed by a 
public hearing.
    1. February 7, 2011, 2 p.m. to 5 p.m. Eastern Standard Time (EST), 
NOAA Science Center, 1301 East-West Highway, Silver Spring, MD, 20910.
    2. February 9, 2011, 5 p.m. to 8 p.m. Central Standard Time (CST), 
NMFS Panama City Laboratory, 3500 Delwood Beach Road, Panama City, FL, 
32408
    3. February 10, 2011, 5 p.m. to 8 p.m. CST, Hilton New Orleans 
Airport Hotel, 901 Airline Drive, Kenner, LA, 70062
    An operator-assisted conference call will be held to receive 
comments from

[[Page 2324]]

HMS Advisory Panel members on February 8, 2011, from 2 p.m. to 4 p.m. 
EST (phone number 888-989-6419; participant code 3557004). This will be 
a conference call to hear comments from HMS Advisory Panel members; 
however, the public is invited to participate, and this is not an HMS 
Advisory Panel meeting. Priority will be given to comments from the 
Advisory Panel and comments from the general public will be heard as 
time allows.
    The hearings will be physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Peter Cooper at (301) 713-2347 at 
least 7 days prior to the hearing date. The public is reminded that 
NMFS expects participants at the public hearings to conduct themselves 
appropriately. At the beginning of each public hearing, a 
representative of NMFS will explain the ground rules (e.g., alcohol is 
prohibited from the hearing room; attendees will be called to give 
their comments in the order in which they registered to speak; each 
attendee will have an equal amount of time to speak; and attendees 
should not interrupt one another). The NMFS representative will attempt 
to structure the meeting so that all attending members of the public 
will be able to comment, if they so choose, regardless of the 
controversial nature of the subject(s). Attendees are expected to 
respect the ground rules, and, if they do not, they will be asked to 
leave the hearing.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the proposed rule is 
consistent with the 2006 Consolidated HMS FMP and its amendments, other 
provisions of the MSA, ATCA, and other applicable law, subject to 
further consideration after public comment.
    NMFS prepared an environmental assessment for this rule that 
discusses the impact on the environment as a result of this rule. In 
this proposed action, NMFS is considering requiring the use of weak 
hooks by PLL vessels fishing in the GOM. This measure is meant to 
provide a new gear technology for PLL vessels to continue routine 
fishing operations in the GOM on directed fisheries such as YFT while 
increasing the live release of incidentally caught Atlantic BFT to 
further stock recovery of this overfished species. A copy of the 
environmental assessment is available from NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the RFA (RFA). The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the legal basis for this action are contained at the beginning of this 
section in the preamble and in the SUMMARY section of the preamble. A 
summary of the analysis follows. A copy of this analysis is available 
from NMFS (see ADDRESSES).
    In compliance with section 603(b)(1) of the Regulatory Flexibility 
Act, the purpose of this proposed rulemaking is, consistent with the 
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its 
amendments, to further BFT stock recovery by increasing live releases 
of incidentally caught BFT and adding flexibility by providing a new 
gear technology for PLL vessels to continue routine fishing operations 
in the GOM.
    In compliance with section 603(b)(2) of the Regulatory Flexibility 
Act, the objectives of this proposed rulemaking are to: (1) Enhance 
stock rebuilding by increasing BFT spawning potential and subsequent 
recruitment into the fishery, (i.e., rapidly implement the proposed 
action to increase the survival of spawning BFT in 2011 in the GOM 
particularly the 2003 year class); (2) constrain PLL BFT catch to the 
incidental BFT quota allocation; (3) allow the PLL fleet to continue to 
participate in their directed fisheries (e.g., YFT and swordfish) year-
round with less risk of fishery interruption due to insufficient 
incidental quota availability (i.e., minimize negative social and 
economic impacts to the PLL directed fisheries); (4) reduce the need 
for BFT quota reallocation from directed fisheries or the Reserve to 
cover PLL BFT bycatch (i.e., minimize negative and social impacts to 
BFT directed fisheries); and (5) minimize negative ecological impacts 
on non-target or protected species.
    Section 603(b)(3) requires Federal agencies to provide an estimate 
of the number of small entities to which the rule would apply. NMFS 
considers all HMS permit holders to be small entities because they 
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or 
fewer employees for seafood processors. These are the Small Business 
Administration (SBA) size standards for defining a small versus large 
business entity in this industry.
    The GOM PLL fishery is comprised of fishermen who hold an Atlantic 
Tunas Longline, a Swordfish Directed or Incidental Permit, and a Shark 
Directed or Incidental limited access permit and the related industries 
including processors, bait houses, and equipment suppliers, all of 
which NMFS considers to be small entities according to the size 
standards set by the SBA. The proposed rule would apply to PLL vessels 
that fish in the GOM. As of October 2010, there were 248 Atlantic tuna 
longline limited access permit holders. Of these, 136 were registered 
in states along the coast of the GOM (including all Florida vessels). 
However, based on logbook records from 2006 to 2009, on average, only 
51 PLL vessels were actively operating in the GOM annually, with a high 
of 55 vessels in 2007 and a low of 47 in 2006 and 2009. During the 
summer of 2010, preliminary vessel monitoring system information 
indicated that the number of active PLL vessels in the GOM decreased by 
more than 79% due to the Deepwater Horizon/BP oil spill and associated 
fishery closures.
    This proposed rule does not contain any new reporting or 
recordkeeping requirements, but would require a new compliance 
requirement (5 U.S.C. 603 (b)(4)). Fishing vessels with PLL gear 
onboard would be required, at all times, in all areas of the GOM open 
to HMS PLL fishing, to possess onboard and/or use only circle hooks 
meeting current size and offset restrictions, as well as being 
constructed of only round wire stock that is no larger than 3.65 mm in 
diameter. This proposed rule would not conflict, duplicate, or overlap 
with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen, 
dealers, and managers in these fisheries must comply with a number of 
international agreements, domestic laws, and other FMPs. These include, 
but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas 
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal 
Protection Act, the Endangered Species Act, the National Environmental 
Policy Act, the Paperwork Reduction Act, and the Coastal Zone 
Management Act. NMFS does not believe that the new regulations proposed 
to be implemented would duplicate, overlap, or conflict with any 
relevant regulations, Federal or otherwise.
    Under section 603(c), agencies are required to describe any 
alternatives to the proposed rule which accomplish the

[[Page 2325]]

stated objectives and which minimize any significant economic impacts. 
These impacts are discussed below and in the Environmental Assessment 
for the proposed action. Additionally, the Regulatory Flexibility Act 
(5 U.S.C. 603 (c) (1)-(4)) lists four general categories of significant 
alternatives that would assist an agency in the development of 
significant alternatives. These categories of alternatives are: (1) 
Establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) use of performance rather than design standards; and, (4) 
exemptions from coverage of the rule for small entities.
    In order to meet the objectives of this proposed rule, consistent 
with legal obligations, NMFS cannot exempt small entities or change the 
reporting requirements only for small entities. Thus, there are no 
alternatives discussed that fall under the first and fourth categories 
described above. In addition, none of the alternatives considered would 
result in additional reporting requirements (category two above). 
Fishing vessels with PLL gear onboard would be required, at all times, 
in all areas of the GOM open to HMS PLL fishing, to possess onboard 
and/or use only circle hooks meeting current size and offset 
restrictions as well as being constructed of only round wire stock that 
is no larger than 3.65 mm in diameter. NMFS does not know of any 
performance or design standards that would satisfy the aforementioned 
objectives of this rulemaking while, concurrently, complying with the 
Magnuson-Stevens Act. Perhaps there are performance or design standards 
that could be designed for weak hooks and BFT bycatch reduction, but 
they are not practical given the current understanding of this new 
technology.
    NMFS considered and analyzed three main alternatives for this 
proposed rule. The first alternative was the status quo, no action 
alternative. This alternative would maintain existing hook and bait 
requirements in the Atlantic PLL fishery in the GOM. The second 
alternative would require all PLL vessels fishing in GOM to use weak 
hooks and is the preferred alternative. Finally, the third alternative 
would consider establishing additional time/area closures in the GOM. 
Under this alternative, an area of the GOM would be closed to PLL 
fishing and could extend over the entire GOM or a subarea. Temporal 
extents of a closure could be timed to the spawning season for BFT in 
the GOM, April to mid-June, or for shorter or longer time frames (i.e., 
year round). Areal extents of a closure could be restricted to portions 
of the GOM where particularly high concentrations of spawning BFT have 
been observed while minimizing inclusion of areas with high directed 
YFT fishing operations. Adaptive management programs might also be 
considered with the temporal/spatial extent of the time/area changes 
based on real-time information on distribution and abundance of target 
and non-target species as well as the socio-economic needs of the 
fishery. In addition to these three alternatives, NMFS also considered 
other options such as prohibition on all retention of BFT in the GOM 
(i.e., no incidental retention of BFT allowed) and adjustment of target 
catch retention limits (i.e., modify current limits of one BFT per 
2,000 lbs of target catch, two BFT per 6,000 lbs and three BFT per 
30,000 lbs). As these alternatives either do not reduce mortality of 
BFT but rather convert discards to landings (or vice versa), or may 
have substantial negative social and economic impacts and cannot be 
implemented in short time frames, these alternatives were determined to 
not meet the objectives of the action and were not considered further.
    Alternative 1, the status quo, no action alternative would not 
result in any additional economic impacts to small entities in the 
short-term. NMFS does not anticipate a significant change in landings, 
ex-vessel prices, or operating costs relative to the ``status quo'' for 
small entities under this alternative. However, adverse economic 
impacts in the medium and long-term could result if no action is taken 
to address the incidental catch of BFT in the GOM PLL fishery. Adverse 
economic impacts could occur if the longline quota for BFT is exceeded 
and a partial or total closure of the fishery is implemented.
    The preferred alternative, Alternative 2, would require vessels 
with PLL gear onboard, at all times, in all areas of the GOM open to 
PLL fishing, to possess onboard and/or use only circle hooks meeting 
current size and offset restrictions as well as being constructed of 
only round wire stock that is no larger than 3.65 mm in diameter. This 
alternative would result in some minor increases in equipment costs for 
the new hooks, would likely impact vessel operations, and would also 
potentially impact catch rates and thus potentially reduce vessel 
revenues.
    Alternative 2 would result in moderate positive social and economic 
benefits if this measure is able to reduce the bycatch of BFT in the 
GOM sufficiently to allow the PLL fishery to continue operating in the 
GOM. However, there would likely be some increased economic costs 
associated with switching to the weak hook.
    This alternative would result in some minor increases in equipment 
costs associated with acquiring the new weak hooks. Direct cost of 
purchasing weak hooks is anticipated to increase expenses by $.02 per 
hook. An informal telephone survey of hook suppliers provides a price 
of approximately $0.34 per hook for 16/0 commercial grade circle hooks 
and approximately $0.36 per hook for 16/0 circle hooks constructed of 
3.65 mm diameter round wire stock. Assuming that an average of 1,600 
hooks per vessel are needed initially to equip vessels with enough 
required hooks for one trip, the compliance cost, on a per vessel 
basis, would be approximately $576. NMFS intends to explore 
opportunities to mitigate costs for PLL fishermen with their initial 
purchase of the required supply of weak hooks once the weak hook gear 
is finalized as a requirement. Opportunities might include third party 
sponsorship of a voucher program where eligible PLL vessels that 
actively fish in the GOM would be eligible for their initial supply of 
weak hooks. NMFS specifically requests comments about such a potential 
voucher program.
    Hook replacement rates are anticipated to increase with use of the 
weak hook. Researchers during the GOM PLL BFT mitigation research 
estimated that requiring the weak hook would result in a 4.41 hooks per 
1,000 hooks increase in the rate of hook replacement due to 
straightened hooks and YFT hook deformation. The researchers 
anticipated that this rate was an underestimate; however, they 
estimated the cost of additional hook replacement with the weak hook to 
be less than $3.00 per 1,000 hooks set. The standard 16/0 circle hooks 
currently in use will continue to be used in the U.S. Atlantic and 
inventories of unused standard 16/0 hooks could be sold to vessels 
fishing Atlantic outside of the GOM.
    With regard to PLL vessels fishing in the Atlantic, but outside the 
GOM, NMFS solicits specific comment on gear stowage procedures that 
could allow vessels entering or exiting the GOM with hooks not meeting 
the weak hook requirement. Such stowage procedures would need to allow 
vessels to transit the GOM while ensuring the enforceability of weak 
hook requirements.
    Alternative 2 would also potentially impact vessel catch rates, and 
thus potentially reduce vessel revenues.

[[Page 2326]]

Based on the GOM PLL BFT mitigation research results, catch rates for 
several commercially important species were found to be lower using the 
new weak hooks versus the standard 16/0 circle hooks. The researchers 
found a statistically significant (at the 5 percent level) reduction in 
the total catch of BFT and wahoo when weak hooks were used compared to 
conventional circle hooks. The total catch of BFT was reduced 56.5 
percent when weak hooks were used in the experiment. This reduction 
includes both discards and BFT retained for sale. Based on observer 
reports of the number of BFT discarded versus retained in the GOM, the 
researchers estimate that the experimental results indicate that the 
use of weak hooks would result in approximately a 14 percent reduction 
in BFT retained for sale given the BFT incidental retention limits. The 
total catch of wahoo using the weak hook was reduced by 26.6 percent.
    The research also observed reduction in the number of YFT and 
swordfish retained for sale. While these results were not statistically 
significant at the 5 percent level, the reductions in YFT and swordfish 
retained did have p-values <= 0.15. Weak hooks in the experiment 
resulted in a 7 percent reduction in YFT retained for sale and 41.2 
percent reduction in swordfish retained for sale. No other commercially 
targeted species observed during the research exhibited catch rate 
differences between weak hooks and conventional circle hooks with p-
values of <= 0.15. Therefore, given that YFT is often the target catch 
for PLL trip in the GOM and the heterogeneous nature of fishing vessel 
operations, this analysis conservatively includes the observed 
reductions in YFT and swordfish. In addition, NMFS also ran the 
analysis with just BFT and wahoo which exhibited statistically 
significant differences in catch at the 5 percent level to help 
illustrate the range of possible outcomes.
    Using vessel logbook catch data, NMFS translated the reductions in 
catch observed in the research experiment into potential fishery 
revenue impacts that may result from requiring the use of weak hooks in 
the GOM. The calculations are detailed in the EA for this proposed rule 
which is available on request. Based on the research results, the 
estimated per trip reduction in revenues that would potentially result 
from requiring the use of weak hooks in the GOM is approximately 
$2,265.
    Based on HMS logbook reports from 2006 to 2009, the average number 
of PLL trips taken per vessel per year in the GOM is 9.7. Multiplying 
9.7 trips per vessel by the estimated $2,265 per trip reduction in 
catch revenues results in an estimated reduction of $21,974 in 
commercial fishing revenues per vessel per year in the GOM resulting 
from switching to weak hooks. Alternatively, if the analysis only 
considers the statistically significant reductions in catch at the 5 
percent level, as used in the research study, the estimated reduction 
in annual catch revenues per vessel in the GOM for Alternative 2 would 
be $1,351 (9.7 trips x $139). This lower estimate may also represent 
the potential improvements in catch rates that may occur over time as 
fishermen adapt to the new weak hook technology. NMFS does not foresee 
that the national net benefits and costs would change significantly in 
the long term as a result of implementation of the proposed action.
    Alternative 3 may cause some fishermen to shift effort to fishing 
areas outside the GOM and there could be changes in the distribution of 
the fleet with some fishermen possibly exiting the fishery. Predicting 
fishermen's behavior is difficult, especially as some factors that may 
determine whether to stay in the fishery, relocate, or leave the 
fishery are beyond NMFS' control (fuel prices, infrastructure, 
hurricanes, etc.). While some fishermen will continue to fish in the 
remaining open areas of the Atlantic, Caribbean, and Gulf of Mexico, 
others may be forced to leave the fishery entirely, such as selling 
their permits and going out of business, as a result of the closure. 
Changes in fishing patterns may result in fishermen having to travel 
greater distances to reach more favorable grounds, which would likely 
result in increased fuel, bait, ice, and crew costs. While there may be 
a potential increase in travel, this is unlikely to raise significant 
safety concerns because the fleet is highly mobile. The potential shift 
in fishing grounds, should it occur, could result in fishermen 
selecting new ports for offloading. This would likely have negative 
social and economic consequences for traditional ports of offloading, 
including processors, dealers, and supply houses, and positive social 
and economic consequences for any new selected ports of offloading. 
NMFS conducted a detailed, comprehensive socio-economic analysis for 
the time/area alternatives considered in the 2006 Consolidated HMS FMP 
and found that the economic impacts of each of the closures considered 
may be substantial, ranging in losses of up to several million dollars 
annually, depending upon the closure and displacement of a significant 
number of fishing vessels. Since the data analysis conducted in the 
2006 Consolidated HMS FMP, several events have affected the GOM 
including Hurricane Katrina, Hurricane Rita, and the DWH/BP oil spill 
among other events. These events resulted in negative economic impacts. 
While these further impacts have occurred, NMFS believes the closure 
analysis in 2006 still reflects the substantial impacts of the 
alternatives that are likely to occur. Cumulatively, the impacts of the 
closures would likely be adverse and greater than in 2006. 
Additionally, Alternative 3 in this proposed rule doesn't meet all of 
the objectives of this proposed rule because it doesn't rapidly enhance 
BFT stock rebuilding by increasing BFT spawning potential and 
subsequent recruitment into the fishery (i.e. rapidly implement the 
proposed action to increase the survival of spawning BFT by spring 2011 
in the GOM).

List of Subjects in 50 CFR Part 635

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


    Dated: January 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be 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, the definition of ``round wire stock'' is added 
to read as follows:


Sec.  635.2  Definitions.

* * * * *
    Round wire stock means round metal wire, typically used in the 
manufacturing of fishing hooks, that has not been forged, or otherwise 
treated in any way to increase the original factory tensile strength 
set by the hook manufacturer.
* * * * *
    3. In Sec.  635.21, paragraph (c)(5)(iii)(C)(2)(i) is revised to 
read as follows:


Sec.  635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (C) * * *

[[Page 2327]]

    (2) * * *
    (i) For purposes of paragraphs (c)(5)(iii)(C)(1), and 
(c)(5)(iii)(C)(2) of this section, the outer diameter of an 18/0 circle 
hook at its widest point must be no smaller than 2.16 inches (55 mm), 
and the outer diameter of a 16/0 circle hook at its widest point must 
be no smaller than 1.74 inches (44.3 mm), when measured with the eye of 
the hook on the vertical axis (y-axis) and perpendicular to the 
horizontal axis (x-axis). The distance between the hook point and the 
shank (i.e., the gap) on an 18/0 circle hook must be no larger than 
1.13 inches (28.8 mm), and the gap on a 16/0 circle hook must be no 
larger than 1.01 inches (25.8 mm). The allowable offset is measured 
from the barbed end of the hook, and is relative to the parallel plane 
of the eyed-end, or shank, of the hook when laid on its side. The only 
allowable offset circle hooks are those that are offset by the hook 
manufacturer. In the Gulf of Mexico, as described at 600.105(c), circle 
hooks also must be constructed of corrodible round wire stock that is 
no larger than 3.65 mm in diameter.
* * * * *
    4. In Sec.  635.71, add paragraph (a)(54) to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (54) Possess, use, or deploy, in the Gulf of Mexico, any circle 
hook, other than as described at Sec.  635.21(c). Vessels in the Gulf 
of Mexico, with pelagic gear onboard, are prohibited from possessing, 
using, or deploying circle hooks that are constructed of round wire 
stock which is larger than 3.65 mm in diameter.
* * * * *
[FR Doc. 2011-689 Filed 1-12-11; 8:45 am]
BILLING CODE 3510-22-P