Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 2313 

• Are the requirements in the rule 

clearly stated? 

• Does the rule contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

If you have any responses to these 

questions, please include them in your 

comments on this proposal. 

J. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an organization, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.dot.gov/ 

privacy.html. 

List of Subjects in 49 CFR Part 575 

Consumer protection, Incorporation 

by reference, Motor vehicle safety, 

Reporting and recordkeeping 

requirements, Tires. 

In consideration of the foregoing, 

NHTSA proposes to amend 49 CFR Part 

575 as follows: 

PART 575—CONSUMER 

INFORMATION 

1. The authority citation for part 575 

continues to read as follows: 

Authority: 49 U.S.C. 32302, 32304A, 

30111, 30115, 30117, 30123, 30166, and 

30168, Pub. L. 104–414, 114 Stat. 1800, Pub. 

L. 109–59, 119 Stat. 1144, Pub. L. 110–140, 

121 Stat. 1492, 15 U.S.C. 1232(g); delegation 

of authority at 49 CFR 1.50. 

2. Revise Appendix D to § 575.104 to 

read as follows: 

§ 575.104 Uniform tire quality grading 

standards. 

* * * * * 

Appendix D—User Fees 

1. Use of Government Traction Skid Pads: 

A fee of $125 will be assessed for each hour, 

or fraction thereof, that the traction skid pads 

at Goodfellow Air Force Base, San Angelo, 

Texas are used. This fee is based upon the 

market price of the use of the traction skid 

pads. 

2. Fee payments shall be by check, draft, 

money order, or Electronic Funds Transfer 

System made payable to the Treasurer of the 

United States. 

3. The fee set forth in this Appendix 

continues in effect until adjusted by the 

Administrator of NHTSA. The Administrator 

reviews the fee set forth in this Appendix 

and, if appropriate, adjusts it by rule at least 

every 2 years. 

Issued on: January 10, 2011. 

Claude Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–643 Filed 1–12–11; 8:45 am] 

BILLING CODE 4910–59–P 

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. 

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: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at http:// 

www.regulations.gov 

• Fax: 301–713–1917, Attn: Margo 

Schulze-Haugen 

• 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.’’ 

• 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
2314 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

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 predetermined 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 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 suballocation 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
2316 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

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 


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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 MadisonSwanson 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 postrelease 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 MagnusonStevens 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 


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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 BMSY) 

through the rebuilding period and 

preventing overfishing (maintaining F 

below FMSY) 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 yearclass 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 

SSB2009 is about 10 percent higher than the 

MSY level. Estimates of stock status are more 

pessimistic if a high recruitment scenario is 

considered (F/FMSY=1.9, B/BMSY=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 


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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 FMSY, 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 basecase. 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 BMSY

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 BMSY 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 BMSY 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 yearclass 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 (BMSY) 

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 BMSY 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 

BMSY 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 midJune. 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 sublethal 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 


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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 

BMSY or the level of biomass that can 

sustain MSY) and fishing mortality rates 

somewhat below FMSY. 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 BMSY. 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 FMSY since 

2005. The results suggest that there is a 

greater than 50 percent probability that 

the stock is at or above BMSY, 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 nontarget 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° 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° 

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 


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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 hookup. 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; 


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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 nontarget 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 


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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 


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2324 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

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 fishharvesting, 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
2326 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 

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 × $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 § 635.2, the definition of ‘‘round 

wire stock’’ is added to read as follows: 

§ 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 § 635.21, paragraph 

(c)(5)(iii)(C)(2)(i) is revised to read as 

follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(c) * * * 

(5) * * * 

(iii) * * * 

(C) * * * 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules 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 (xaxis). 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 § 635.71, add paragraph (a)(54) to 

read as follows: 

§ 635.71 Prohibitions. 

* * * * * 

(a) * * * 

(54) Possess, use, or deploy, in the 

Gulf of Mexico, any circle hook, other 

than as described at § 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 


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