Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 18653 

(b) The Federal agencies shall comply 

with the requirements set forth in the 

January 2008 edition of the NTIA 

Manual, as revised through September 

2010, which is incorporated by 

reference with approval of the Director, 

Office of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

* * * * * 

Dated: March 30, 2011. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2011–7944 Filed 4–4–11; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 101029546–1208–02] 

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: Final rule. 

SUMMARY: Under this final rule, NMFS 

requires 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 wire 

stock that is thinner-gauge than the 

circle hooks currently used and is 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 longterm 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. 

This action affects commercial 

fishermen using PLL gear to fish for 

Atlantic Highly Migratory Species 

(HMS) in the GOM. 

DATES: This final action will become 

effective on May 5, 2011. 

ADDRESSES: Highly Migratory Species 

Management Division, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Copies of the supporting documents— 

including the Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), Final Regulatory 

Flexibility Analysis (FRFA), small entity 

compliance guide, and the 2006 

Consolidated Atlantic Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP)—are available from the 

HMS Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

FOR FURTHER INFORMATION CONTACT: 

Dianne Stephan at 978–281–9260 or 

Randy Blankinship 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 Tunas Conventions Act 

(ATCA), which authorizes the Secretary 

of Commerce (Secretary) to promulgate 

regulations as may be necessary and 

appropriate to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (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 

Atlantic Highly Migratory Species 

(HMS) Fishery Management Plan (FMP), 

which details the management measures 

for Atlantic HMS fisheries, including 

the PLL fishery. The implementing 

regulations for Atlantic HMS are at 50 

CFR part 635. 

Background 

On January 13, 2011, NMFS 

published a proposed rule (76 FR 2313) 

to 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 and is no larger than 3.65 

mm in diameter than the circle hooks 

currently used in the PLL fishery. This 

final rule finalizes the provisions 

proposed in the January 13, 2011, rule. 

The purpose of this 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, as early in the 2011 BFT spawning 

season as possible. Bluefin tuna 

spawning season begins in early April 

each year. This action is consistent with 

the advice of the 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 subquota 

limits. This measure is consistent with 

the 2006 Consolidated HMS FMP and 

ICCAT Recommendation 10–03 

(supplemental recommendation by 

ICCAT concerning the western BFT 

rebuilding program). 

Since 2007, NMFS has conducted 

research on weak hooks used on PLL 

vessels operating in the GOM to 

determine if their use can reduce the 

incidental catch of large BFT during 

directed PLL fishing for other species. 

Research data show that the use of a 

weak hook can significantly reduce the 

amount of BFT caught incidentally by 

PLL vessels in the GOM. 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. 

Due in part to this research, this 

action finalizes the requirement to use 

weak hooks in the Atlantic HMS PLL 

fishery in the GOM. This action will be 

effective on May 5, 2011 to ensure 

implementation happens as early in the 

2011 BFT spawning season as possible. 

Implementation of weak hooks in the 

GOM PLL fishery during 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 participate in directed 

fisheries (e.g., yellowfin tuna (YFT) and 

swordfish) year-round with less risk of 

fishery interruption due to insufficient 

BFT subquota availability in the 

Longline Category. 

NMFS considered three alternatives 

regarding the GOM PLL fishery. 

Alternative one would maintain the 

status quo, thus continuing existing 

regulations in the GOM PLL fishery. 

Alternative two would require all PLL 

vessels fishing in the GOM to use weak 

hooks. Alternative three would 

implement additional time/area closures 

in the GOM to protect spawning BFT. 

The proposed rule contained details 

regarding the alternatives considered 

and a brief summary of the recent 

management history. Those details are 

not repeated here. 

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Response to Comments 

During the proposed rule stage, NMFS 

received more than 57,000 written 

comments from non-governmental 

organizations, fishermen, dealers, and 

other interested parties on the proposed 

rule. Mass public comment campaigns 

contributed to the high number of 

comments received. NMFS also heard 

numerous comments from constituents 

who attended the three public hearings 

and an operator-assisted Atlantic HMS 

Advisory Panel conference call, which 

was open to the public. A summary of 

the comments received on the proposed 

rule during the public comment period 

is provided below with NMFS’ 

response. All written comments 

submitted during the comment period 

can be found at http:// 

www.regulations.gov/ by searching for 

RIN 0648–BA39. 

Weak Hook Comments 

Comment 1: NMFS should implement 

weak hooks in the GOM PLL fishery 

year-round prior to the 2011 western 

Atlantic BFT spawning season. 

Response: NMFS agrees with the 

intent of this comment for reasons 

described in the preferred alternative in 

the proposed and final rules and EA, 

which include: Protecting the 2003 BFT 

year class as recommended by the 

ICCAT SCRS; reducing the impact of the 

GOM PLL fleet on western BFT; 

reducing BFT catches in the GOM PLL 

fishery; maintaining, or possibly 

improving with experience using the 

weak hook, catches of YFT; reducing the 

likelihood of PLL fishery interruption or 

indirect impacts to directed BFT 

fisheries due to the Longline Category 

exceeding its BFT subquota; and 

improving fishing efficiency and catch 

by reducing the amount of fishing time 

lost to BFT and large shark 

entanglements. 

Comment 2: NMFS should not 

implement weak hooks because they are 

unproven in effectively reducing BFT 

mortality. Although BFT catch appears 

to be reduced, there is no unequivocal 

evidence that BFT released from a bent 

hook survive. 

Response: NMFS disagrees that weak 

hooks should not be implemented in the 

GOM PLL fishery. Research has shown 

that the use of weak hooks can reduce 

the incidental catch of BFT by 56.5 

percent. Although limited information 

exists about the effects of weak hooks on 

BFT post-release mortality, post-release 

mortality is expected to be reduced 

because BFT likely 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 the fish becomes hooked, 

NMFS believes that escapement occurs 

soon after the fish is hooked. NMFS 

intends to conduct additional research 

with weak hooks using hook timers to 

determine the length of time that fish 

remain on the hook. This information 

will aid in further understanding more 

precisely the effects of weak hook use 

on BFT post-release mortality. 

Comment 3: NMFS should implement 

weak hooks in the GOM PLL fishery 

seasonally when BFT are present. 

Seasonal application of the weak hook 

requirement would allow fishermen to 

use currently required standard circle 

hooks when BFT are not present in the 

GOM to mitigate potential economic 

impacts due to reductions in YFT and 

swordfish catch that might occur with 

year-round use of weak hooks. 

Response: NMFS disagrees that the 

weak hook requirements should be 

implemented seasonally. BFT are also 

present in the GOM outside of the 

spawning season, although in lower 

numbers, and use of weak hooks yearround will ensure that protection is 

provided for these BFT. 

Research data showed a higher catch 

rate of YFT with the experimental hook 

in the late summer months of July, 

August, and September when compared 

to the spring and early summer months 

of March, April, May, and June. Because 

the experiment focused on collecting 

data during the BFT spawning season, 

the majority of data was collected 

during March–June. Although it is 

unknown why YFT catch rates were 

higher in the late summer months after 

BFT spawning season, if more data had 

been collected after the BFT spawning 

period, NMFS believes it likely that the 

YFT reduction rate would have been 

less than what was observed (i.e., the 

amount of YFT caught with the weak 

hook may not have decreased as much 

as the overall study showed). Thus the 

potential economic impact due to 

decreases in YFT catch may actually be 

less than described in the proposed rule. 

Seasonal application of the weak hook 

requirement would increase the 

difficulty of enforcing the rule’s 

requirement for vessels in the GOM 

with PLL gear on board to possess, use, 

and deploy only weak hooks. This is 

because vessels on trips spanning the 

beginning or end of the period of time 

during which weak hooks are required 

might not have removed all of the hooks 

with wire greater than 3.65 mm in 

diameter from their vessels, thus 

possessing both hooks on board. 

Requiring weak hooks year-round 

reduces such enforcement concerns 

because no other type of circle hook 

would be allowed on vessels fishing 

with PLL gear in the GOM. There would 

also be some negative economic impacts 

to fishermen if standard hooks are 

allowed to be used outside of BFT 

spawning season due to higher costs 

and lost fishing time due to re-rigging of 

fishing gear. 

Comment 4: Implementing weak 

hooks in the GOM PLL fishery will have 

negative economic impacts, including 

the potential for significant loss of catch 

and revenue by some vessels. This loss 

in revenue may make it more difficult 

for some vessels to maintain the hire of 

captains and crew members who may be 

able to find more lucrative employment 

elsewhere. Negative economic impacts 

also include the initial cost of outfitting 

GOM PLL vessels with weak hooks and 

an increased replacement rate of weak 

hooks due to the ease with which the 

hooks bend. NMFS should provide 

reimbursement to fishermen for the cost 

of initially outfitting their vessels with 

weak hooks. 

Response: As described in the EA, 

NMFS anticipates negative economic 

impacts to occur in the short-term for 

PLL vessels fishing in the GOM. These 

negative economic impacts include a 

potential reduction of vessel gross 

revenue of approximately 14.8 percent, 

a minor increase in the cost of weak 

hooks compared to the currently 

required standard circle hook, and a 

slight increase in gear cost due to an 

increased replacement rate of weak 

hooks compared to the standard circle 

hook. 

As described in the response to 

comment 3 above, research data showed 

a higher catch rate of YFT with the 

experimental hook in the late summer 

months of July, August, and September 

when compared to the spring and early 

summer months of March, April, May, 

and June. Because the experiment 

focused on collecting data during the 

BFT spawning season, the majority of 

data was collected during March–June. 

If more data had been collected after the 

BFT spawning period, NMFS believes it 

likely that the YFT catch reduction rate 

would have been less than what was 

observed and the potential economic 

impact due to decreases in YFT catch 

could be less than described in the 

proposed rule. 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. A 

voucher program to assist fishermen in 

the GOM with the purchase of an initial 

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supply of weak hooks is being 

sponsored by the National Fish and 

Wildlife Foundation (please see ‘‘Weak 

Hook Voucher Program’’ below for more 

details). Compared to the no action 

alternative, the preferred alternative 

reduces the incidental BFT catch in the 

GOM and may enable the PLL fishery to 

continue to participate in directed 

fisheries (e.g., YFT and swordfish) yearround with less risk of fishery 

interruption due to insufficient BFT 

subquota availability in the Longline 

Category. 

Comment 5: Gulf of Mexico PLL 

fishermen need a reasonable amount of 

time to comply with the new weak hook 

requirement prior to active enforcement 

of the new requirement, and NMFS 

should ensure that there is a sufficient 

supply of weak hooks available for the 

GOM PLL fleet in advance of the 

effective date. 

Response: NMFS agrees and intends 

to provide 30 days after publication of 

the final rule for fishermen to prepare 

for and comply with the weak hook 

requirement. NMFS has begun to 

investigate manufacturer and distributor 

inventories of weak hooks and believes 

that enough weak hooks are currently 

available to initially outfit PLL vessels 

in the GOM with weak hooks. NMFS 

cannot delay implementation for longer 

than 30 days because, as described 

above, it is important to have these 

regulations in place as early in the 2011 

BFT spawning season as possible to 

provide additional protections for the 

strong 2003 year class as it enters 

adulthood and begins to contribute to 

spawning in the GOM this spring. 

Comment 6: NMFS should seek 

methods to respond to the ICCAT SCRS 

call for special efforts to reduce 

mortality on the 2003 BFT year class in 

other domestic and international 

fisheries that target or interact with BFT. 

Response: The 2010 SCRS report 

noted that ICCAT ‘‘may wish to protect 

the 2003 year class until it reaches 

maturity and can contribute to 

spawning,’’ and that maintaining catch 

at 1,800 mt may offer some protection. 

ICCAT Recommendation 10–03 reduced 

the total allowable catch (TAC) to 1,750 

mt for 2011 and 2012, which may offer 

further protection for the 2003 year 

class. Implementation of weak hooks in 

the GOM PLL fishery is expected to 

reduce the catch of BFT and reduce 

mortality of spawning-age BFT, 

including the 2003 year class. This 

action will promote survival of BFT in 

the GOM, and thus will improve 

western BFT stock health. 

Comment 7: NMFS should conduct 

education and outreach programs for the 

entire GOM PLL fleet, including 

reaching Vietnamese fishermen, to help 

fishermen understand the benefits and 

costs of weak hook use and fishery 

management priorities for the future of 

the fishery. This effort should include 

fishing techniques learned through the 

weak hook research to reduce BFT catch 

and maintain or improve directed catch. 

Response: NMFS agrees and intends 

to conduct outreach and education 

workshops around the GOM to help 

fishermen learn the benefits of and 

techniques for fishing with weak hooks. 

Comment 8: NMFS should continue 

to conduct and expand research on 

weak hook technology in the GOM PLL 

fishery. NMFS should conduct 

additional research on the length of time 

that BFT remain hooked on weak hooks 

in order to determine if the mortality 

rate of BFT is actually reduced. There is 

currently little data to indicate if BFT 

that escape from weak hooks survive. 

Additional research should investigate 

reducing white marlin and roundscale 

spearfish bycatch, determining the effect 

of weak hooks on sea turtle interactions, 

further reducing BFT bycatch, 

improving directed species catch, and 

determining the efficacy of 18/0 hooks 

made with thinner wire for further BFT 

bycatch reduction and improved 

swordfish retention. NMFS should 

create a sunset provision of 3 years for 

the weak hook requirement to allow 

sufficient time for additional research 

and ensure a thorough review by the 

agency to determine if the requirement 

should be continued, revised, or 

allowed to expire. 

Response: NMFS intends to continue 

research on the effects of the use of 

weak hooks when compared to the 

currently required standard circle hook. 

Among other things, this research will 

help to better understand the effect of 

weak hooks on white marlin and 

roundscale spearfish catches and sea 

turtle interactions. NMFS intends to 

conduct research with weak hooks using 

hook timers to determine the length of 

time that fish remain on the hook. This 

information will aid in understanding 

the effects of weak hook use on BFT 

post-release mortality. NMFS will 

continue to collect information on BFT, 

white marlin, roundscale spearfish, sea 

turtles and other species caught on PLL 

gear through the NMFS pelagic observer 

program that will help to better 

understand the effects of weak hook 

implementation. 

During experimental PLL fishery data 

collection conducted in the Northeast 

Distant gear restricted area and GOM in 

2004, NMFS collected data with the 

currently required standard circle hooks 

that showed reduced catches of 

swordfish and YFT with 18/0 circle 

hooks compared to 16/0 circle hooks on 

both squid and sardine baits. The 

evaluation did not include BFT. While 

these results do not directly answer the 

public comment about how 18/0 circle 

hooks constructed of thinner wire might 

perform for reducing BFT catch, they 

provide some insight to show that 

currently required standard 18/0 hooks 

may reduce swordfish retention. 

NMFS disagrees that a sunset 

provision should be implemented for 

this final action because such a 

provision would guarantee that NMFS 

must take action to continue the weak 

hook requirement. Instead, NMFS may 

conduct subsequent rulemaking, if 

necessary, in the future to address the 

need for modified or additional 

management measures. 

Comment 9: The weak hook research 

indicates that the number of swordfish 

retained by GOM PLL vessels may 

decrease. If this occurs, fishermen may 

increase their fishing effort to make up 

for lost revenue, which may result in 

increased bycatch of undersized 

swordfish and other bycatch species. 

Response: NMFS agrees that the 

possibility exists for PLL fishing effort 

in the GOM to increase if fishermen 

attempt to make up for lost revenue due 

to reductions in targeted catch. NMFS 

will continue to monitor fishing effort 

and catch in the GOM PLL fleet through 

logbooks, dealer reports, and the pelagic 

observer program in order to determine 

potential effects on target and non-target 

species. Bycatch mitigation measures 

such as closed areas (DeSoto Canyon), 

use of circle hooks, possession and use 

of protected species safe handling and 

release gears, and limits on sea turtle 

interactions required in the 2004 

Biological Opinion (BiOp) will remain 

in effect. However, fishermen may not 

experience reductions in targeted catch 

or reduced revenue. Some fishermen 

that participated in the weak hook 

research experienced increased targeted 

catch and are voluntarily using weak 

hooks year-round. As other fishermen 

learn the fishing techniques that work 

well with the weak hooks, those 

fishermen may not experience 

reductions in targeted catch or revenue. 

As described in the response to 

Comment 3 above, research data showed 

a higher catch rate of YFT with the 

experimental hook in the late summer 

months of July, August, and September 

when compared to the spring and early 

summer months of March, April, May, 

and June. Because the experiment 

focused on collecting data during the 

BFT spawning season, the majority of 

data was collected during March-June. If 

more data had been collected after the 

BFT spawning period, it is likely that 

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the YFT reduction rate would have been 

less than what was observed, thus the 

potential economic impact due to 

decreases in YFT catch may be less than 

described in the proposed rule. If this 

occurs, the incentive to increase fishing 

effort may not be realized. 

Comment 10: Because the weak hooks 

are nearly identical to the currently 

required standard circle hook, 

enforcement of the weak hook 

requirement will be extremely difficult. 

Further, the potential reduction in the 

catch of target species, such as 

swordfish retained for sale, indicated by 

the weak hook research, could make it 

less likely that fishermen will comply 

with the weak hook requirement. 

Response: NMFS intends to fully 

enforce the weak hook requirement. A 

gauge has been developed for use by 

NMFS enforcement agents and officers, 

U.S. Coast Guard personnel, and state 

joint enforcement partners to quickly 

and definitively measure the diameter of 

the hook wire. This gauge was used by 

observers during the weak hook study 

and is proven to be a quick and effective 

tool for distinguishing the difference 

between weak hooks and hooks made of 

larger diameter wire. 

Comment 11: Pelagic longline gear is 

responsible for almost 70 percent of the 

mortality of white marlin and the weak 

hook research indicates that white 

marlin/roundscale spearfish catches 

may increase by 52.7 percent with weak 

hooks. This increase in catch is 

concerning given the poor health of 

white marlin and the fact that white 

marlin has been the subject of two status 

reviews under the Endangered Species 

Act (ESA). 

Response: The NMFS weak hook 

research results showed that the 

increase in catch of white marlin and 

roundscale spearfish was not 

statistically significant, although the 

difference was close to being 

statistically significant. NMFS does not 

believe that this increase, if it actually 

occurs, 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 

international white marlin 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 final 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 

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. 

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. The current research 

does not show a statistically significant 

increase in bycatch; therefore, it is not 

clear that mitigation measures would be 

appropriate at this time. Neither does 

the research indicate which measures 

would be effective to address any 

potential statistically significant white 

marlin and roundscale spearfish 

increase in catch. If additional research 

shows a statistically significant increase 

in such bycatch, possible 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. 

Comment 12: While the weak hook 

study showed a reduction in YFT catch 

of 7 percent, it also showed an increase 

in YFT catch in late summer and fall 

months. If YFT catches actually increase 

overall as a result of weak hook use, the 

increased fishing mortality may be 

detrimental to the YFT population. 

Response: As described in the 

response to Comment 3 above, research 

data showed a higher catch rate of YFT 

with the experimental hook in the late 

summer months of July, August, and 

September when compared to the spring 

and early summer months of March, 

April, May, and June. Because the 

experiment focused on collecting data 

during the BFT spawning season, the 

majority of data was collected during 

March–June. If more data had been 

collected after the BFT spawning 

period, it is likely that the YFT 

reduction rate would have been less 

than what was observed. This additional 

analysis does not, however, indicate 

that an overall increase in YFT catch 

would occur. NMFS will continue to 

collect information on YFT and other 

species caught on PLL gear through the 

NMFS pelagic observer program that 

will help to better understand the effects 

of weak hook implementation. 

Yellowfin tuna are managed 

internationally by ICCAT, which has 

adopted a limit on effective fishing 

effort, but not issued a TAC or 

individual country quotas. According to 

the latest ICCAT SCRS YFT stock 

assessment (2008), the YFT population 

is not considered to be overfished and 

overfishing is not occurring. If the catch 

of YFT in the GOM increases as a result 

of weak hook use, negative impacts on 

the YFT population are expected to be 

minor when compared to the total 

western Atlantic longline catch. The 

United States GOM longline catch is 7.7 

percent of the total western Atlantic 

longline catch. 

Comment 13: NMFS should 

reexamine whether it is appropriate to 

rely on the Final Environmental Impact 

Statement (FEIS) for the 2006 

Consolidated HMS FMP, or the 2004 

BiOp for the PLL fishery when 

supporting the FONSI because the 

implementation of the weak hook will 

cause a change in fishing effort because 

of improved catchability of white marlin 

and other species. The effects on 

endangered and threatened marine 

species are not fully understood through 

the weak hook research, which is cause 

for concern given the potential increase 

in the number of hooks that might be set 

in the PLL fishery due to the potential 

decrease of YFT and swordfish retained 

for sale. Also, an ESA consultation may 

be required if weak hook use affects 

loggerhead sea turtles and those 

loggerhead sea turtles are uplisted in the 

final rule to list the Northwest Atlantic 

loggerhead sea turtle (final rule due 

March 16, 2011). The analysis in the 

2006 Consolidated HMS FMP should be 

updated due to significant events such 

as Hurricane Katrina and the DWH/BP 

oil spill, thus the baseline FEIS for the 

2006 Consolidated HMS FMP requires 

new analyses of the effects of the PLL 

fishery on listed species. 

Response: NMFS disagrees that a 

potential increase in the catch of white 

marlin is an indication that fishing 

effort will increase with implementation 

of weak hooks. White marlin and other 

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billfishes are not allowed to be retained 

on PLL vessels. NMFS does not believe 

that an increase in bycatch that must be 

discarded will result in an increase in 

fishing effort. 

NMFS believes that the FEIS for the 

2006 Consolidated HMS FMP and the 

2004 BiOp for the PLL fishery remain 

applicable and support this final action. 

Despite recent significant events that 

have occurred in the GOM, the 2006 

Consolidated HMS FMP closure 

analysis still reflects impacts that are 

likely to occur with the time/area 

closure alternatives, particularly when 

considering redistribution of fishing 

effort. When redistribution of effort was 

considered, all time/area closures in the 

2006 analysis resulted in an increase in 

bycatch for some species, including 

BFT. This final action is not expected to 

change fishing effort or behavior beyond 

that already analyzed in the 2001 HMS 

and 2004 PLL Biological Opinions 

(BiOps) regarding interactions with 

endangered species. This action is not 

expected to significantly alter current 

fishing practices or bycatch mortality 

rates from the level analyzed in the 

Consolidated HMS FMP, and therefore 

should not have adverse impacts on 

protected species, or have any further 

impacts on endangered species, listed 

marine mammals, or critical habitat 

beyond those considered in the 2001 

and 2004 BiOps. 

Comment 14: Comments were 

received in support of and opposition to 

implementing weak hooks in Atlantic 

PLL fisheries outside the GOM. 

Response: Research was conducted by 

the NMFS Southeast Fisheries Science 

Center to evaluate the efficacy of 16/0 

‘‘weak’’ circle hooks in reducing the 

bycatch of BFT in the GOM YFT fishery. 

The weak hook research has shown that 

the catch of adult-sized BFT in the GOM 

PLL fleet can be reduced by 56.5 percent 

with the use of weak hooks. The 

difference in BFT catch between the 

standard 16/00 circle hooks and the 

experimental weak hooks was 

statistically significant. The size of BFT 

in the GOM, the only known spawning 

area for the western stock, is larger than 

the size distribution of BFT in the 

Atlantic outside of the GOM. The 

benefits of weak hook use with PLL gear 

outside the GOM may not be the same 

as in the GOM PLL fishery given the 

differences in the catch composition 

and the way fishermen fish PLL gear in 

strong currents such as the Gulf Stream. 

While research on the use of weak 

hooks along the Atlantic coast has 

begun in order to look at reducing the 

bycatch of marine mammals, further 

research is needed to determine the 

applicability of weak hooks outside of 

the GOM and any impacts on BFT, 

target catch, marine mammals, sea 

turtles, and other incidentally caught 

species. 

Gulf of Mexico Time/Area Closure 

Comment 

Comment 15: NMFS should prohibit 

PLL gear in the GOM (Alternative 3) 

because of indiscriminate bycatch 

(particularly the bycatch of BFT, 

billfishes, leatherback sea turtles, and 

loggerhead sea turtles) or should 

implement a seasonal closure for 

longline use during BFT spawning. 

Response: Considering redistribution 

of fishing effort is important because 

HMS and protected species are not 

uniformly distributed throughout the 

ocean and tend to occur in higher 

concentrations in certain areas. 

Therefore, a closure in one area might 

reduce the bycatch of one or two 

species, but may increase bycatch of 

others. NMFS considered a number of 

redistribution of effort scenarios (i.e., 

redistribution of effort into all 

remaining open areas, redistribution of 

effort into the GOM only, and 

redistribution of effort in the GOM). In 

all cases, NMFS found the closures in 

the GOM could result in an increase in 

bycatch for some of the species being 

considered. No one closure in these 

analyses would have resulted in a 

decrease in discards or bycatch of all the 

species considered when the 

redistribution of fishing effort was 

considered. When the redistribution of 

effort was considered, the purpose of a 

GOM closure (reducing bycatch and 

discards of spawning BFT) may not be 

fully realized and may have effects on 

BFT outside the closed area. For 

instance, after examining a potential 

closure in the GOM from April through 

June in order to protect spawning BFT, 

the analysis predicted an increase in the 

number of BFT bycatch and discards 

elsewhere once displaced fishing effort 

was considered. In the 2006 

Consolidated HMS FMP, NMFS did not 

prefer any new time/area closures 

(except the Madison-Swanson and 

Steamboat Lumps Marine Reserves for 

other purposes), and did not modify any 

existing closures at that time because no 

single closure or combination of 

closures would reduce the bycatch of all 

species considered, assuming there is 

some redistribution of effort. NMFS 

believes the closure analysis conducted 

in 2006 remains the best available 

science and reflects the substantial 

impacts that would likely occur under 

the time/area closures analyzed because 

the underlying principle of fishing effort 

redistribution that was used in the 

analysis is still likely to occur. 

Additionally, NMFS is not aware of 

other peer reviewed and published 

time/area closure analyses that consider 

fishing effort redistribution for the GOM 

PLL fishery since the NMFS 2006 

closure analyses. Therefore, NMFS does 

not prefer alternative 3 for the same 

reasons as described above and in the 

2006 Consolidated HMS FMP. 

The 2006 Consolidated HMS FMP 

established criteria for considering the 

implementation of new time/area 

closures or modification to existing 

time/area closures. It is not feasible to 

conduct extensive, new analysis per 

these criteria and to meet the objectives 

of this action (i.e., to rapidly implement 

the final action to increase the survival 

of spawning BFT in 2011 in the GOM, 

particularly the 2003 year class). NMFS 

believes that the 2006 analysis remains 

valid for the purposes of this 

rulemaking. However, NMFS intends to 

review time/area closure analyses, in 

light of the events of the past few years 

such as hurricanes and the DWH/BP oil 

spill, in the near future. At that time, 

NMFS will consider other 

methodologies that have been proposed 

to consider effects of effort 

redistribution, such as Powers and 

Abeare (2009) or others, for time/area 

analysis as appropriate. 

General Comments 

Comment 16: NMFS should promote 

more selective alternative gears to PLL 

for YFT and swordfish fishing. 

Response: This comment is not within 

the range of alternatives considered in 

this rulemaking because the rulemaking 

concerns the means, methods, times, 

and places that PLL gear is used in the 

GOM. The rulemaking does not consider 

alternatives related to the use of other 

fishing gears. 

Comment 17: NMFS should 

implement bycatch caps for species of 

concern in the GOM PLL fishery and 

100 percent observer coverage to 

support a bycatch cap program. When 

the bycatch caps are reached, the GOM 

PLL fishery should be closed. 

Response: This comment is not within 

the range of alternatives considered in 

this rulemaking because the rulemaking 

concerns the means, methods, times, 

and places that pelagic longline gear is 

used in the GOM. NMFS currently 

monitors bycatch in the GOM PLL 

fishery through the use of observers and 

vessel logbooks. Bycatch in the GOM 

PLL fishery is minimized through 

regulations implemented under the 

Magnuson-Stevens Act and the ESA that 

require the use of circle hooks, require 

the use of protected species safe 

handling and release gears, prohibit the 

use of live bait, prohibit the possession 

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and use of PLL gear in existing closed 

areas, and other requirements. 

Comment 18: The effects of the DWH/ 

BP oil spill have not been fully 

determined and NMFS should err on the 

side of caution when implementing 

fishery management measures for fish 

stocks that may have been affected by 

the oil spill. 

Response: NOAA continues to 

conduct research on the impacts of the 

DWH/BP oil spill on natural resources. 

The impacts of the oil spill and effects 

on Atlantic HMS are difficult to 

determine at this time. 

With implementation of this final 

action, NMFS is precautionary in its 

approach because it is acting 

consistently with SCRS advice to 

protect the 2003 BFT year class as it 

matures and begins to contribute to 

spawning. In addition, implementation 

of weak hooks in the GOM PLL fishery 

is expected to reduce the catch of BFT 

in that fishery by 56.5 percent, which 

will reduce mortality of spawning BFT 

(both the 2003 and other year classes) 

on their spawning grounds. This will 

promote the increase of spawning 

biomass, the likelihood of successful 

spawning, and further rebuilding of the 

western BFT stock. 

Comment 19: Allowing the PLL fleet 

to continue to fish will cause BFT to 

become extinct. 

Response: On May 24, 2010, NMFS 

received a petition from the Center for 

Biological Diversity (CBD) to list BFT as 

threatened or endangered under the 

ESA and designate critical habitat 

concurrently with its listing. On 

September 21, 2010, NMFS announced 

a 90-day finding (75 FR 57431) that the 

petition presents substantial scientific 

information indicating the petitioned 

action may be warranted. NMFS is 

currently conducting a status review of 

BFT to determine if the petitioned 

action is warranted. The status review 

process includes assessment of the risk 

of extinction, considering effects of 

directed and incidental fisheries as well 

as other impacts. Per the ESA required 

timeline, NMFS is scheduled to publish 

that determination by May 24, 2011 (i.e., 

within 12 months of receiving the 

petition). If NMFS determines that 

listing is not warranted, NMFS would 

publish a Federal Register notice 

announcing the end of the consideration 

process. If NMFS determines that listing 

is warranted, NMFS will publish a 

proposed rule and solicit public 

comments before developing and 

publishing a final determination (which 

would be required within one year of a 

proposed rule). 

Changes From the Proposed Rule 

A minor change to the definition of 

round wire stock at 50 CFR 635.2 has 

been made to provide further 

clarification. A minor change to the 

paragraph at § 635.71(a)(54) that deals 

with prohibitions has been made to 

clarify the cross referenced paragraph. 

Classification 

The NMFS AA has determined that 

this final action is consistent with the 

Magnuson-Stevens Act, 2006 

Consolidated Atlantic HMS FMP and its 

amendments, ATCA, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

In compliance with section 604 of the 

Regulatory Flexibility Act (RFA), NMFS 

has prepared a Final Regulatory 

Flexibility Analysis (FRFA) for this final 

rule, which analyzed the impacts of 

requiring the use of weak hooks in the 

GOM PLL fishery. The FRFA analyzes 

the anticipated economic impacts of the 

final action and any significant 

economic impacts on small entities. A 

summary of the FRFA is below. The full 

FRFA and analysis of social and 

economic impacts are available from 

NMFS (see ADDRESSES). 

In compliance with section 604(a)(1) 

of the Regulatory Flexibility Act, the 

purpose of this final 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 by 

providing a new gear technology for PLL 

vessels to continue routine fishing 

operations in the GOM. 

Section 604(a)(2) of the Regulatory 

Flexibility Act requires NMFS to 

summarize significant issues raised by 

the public in response to the Initial 

Regulatory Flexibility Analysis (IRFA), a 

summary of NMFS’ assessment of such 

issues, and a statement of any changes 

made as a result of the comments. The 

IRFA was included as part of the draft 

EA and was summarized in the 

proposed rule. NMFS did not receive 

any comments specific to the IRFA; 

however, NMFS did receive comments 

related to the overall economic impacts 

of the proposed rule. Those comments 

and NMFS’ responses to them are 

mentioned above in the preamble for 

this rule. Particularly relevant economic 

comments are 1, 3, 4, 5, 7, 9, and 15. 

When developing this action, NMFS 

considered different ways to reduce the 

regulatory burden on and provide 

flexibility to the regulated community, 

consistent with the recent Presidential 

Memorandum on Regulatory Flexibility, 

Small Business, and Job Creation 

(January 18, 2011). Consistent with the 

objectives of this rule and legal 

obligations, a voucher program to assist 

fishermen in the GOM with the 

purchase of an initial supply of weak 

hooks is being sponsored by the 

National Fish and Wildlife Foundation 

(please see ‘‘Weak Hook Voucher 

Program’’ below for more details). NMFS 

has also considered seasonal 

implementation of weak hooks in the 

GOM PLL fishery; however, this 

approach is not preferred because BFT 

are also present in the GOM outside of 

the spawning season in lower numbers 

and seasonal application of the weak 

hook requirement would increase the 

difficulty of enforcing the weak hook 

requirement. NMFS also considered a 

phased-in approach to implementation 

of the weak hook requirement; however, 

this approach is not preferred because it 

would not rapidly provide additional 

protection for spawning BFT (especially 

the strong 2003 year class) as early as 

possible in the spring 2011 spawning 

season. 

Section 604(a)(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 permit, a Swordfish Directed 

or Incidental permit, and a Shark 

Directed or Incidental 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 final 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 

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indicated that the number of active PLL 

vessels in the GOM decreased by more 

than 79 percent due to the Deepwater 

Horizon (DWH)/BP oil spill and 

associated fishery closures. 

This final rule does not contain any 

new reporting or recordkeeping 

requirements, but would require a new 

compliance requirement (5 U.S.C. 

604(a)(4)). Fishing vessels with PLL gear 

onboard will 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 final rule would not 

conflict, duplicate, or overlap with other 

relevant Federal rules (5 U.S.C. 

604(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 ATCA, 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 would duplicate, overlap, or 

conflict with any relevant regulations, 

Federal or otherwise. 

Under section 604(a)(5), agencies are 

required to describe any alternatives to 

the rule which accomplish the stated 

objectives and which minimize any 

significant economic impacts. Economic 

impacts are discussed below and in the 

Environmental Assessment for the 

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 

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 will be required, 

at all times, in all areas of the GOM 

open to HMS PLL fishing, to possess 

onboard and 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. 

NMFS considered and analyzed three 

main alternatives for this 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 

the GOM to use weak hooks and is the 

preferred alternative. The third 

alternative considered 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 Category subquota for BFT is 

exceeded and a partial or total closure 

of the fishery is implemented or other 

management measures are taken in 

directed BFT fisheries to allow for dead 

discards of BFT to be accounted for 

within the U.S. quota. 

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 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. 

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 an increase in the rate 

of hook replacement by 4.41 hooks per 

1,000 hooks over the current 

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replacement rate due to straightening 

and deformation of the hooks. 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 in the Atlantic outside of 

the GOM. 

Alternative 2 would also potentially 

impact vessel catch rates, and thus 

potentially reduce vessel revenues. 

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 pvalues ≤ 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 final 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 (when 

including reductions for BFT, YFT, 

wahoo, and swordfish) 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 (only 

including reductions for BFT and 

wahoo which equals $139 less per trip), 

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’ analysis of weak 

hook research data after the publication 

of the proposed rule found a seasonal 

difference in the catch of YFT. Because 

the experiment focused on collecting 

data during the BFT spawning season, 

the majority of data was collected 

during March-June. If more data had 

been collected after the BFT spawning 

period, it is likely that the YFT 

reduction rate would have been less 

than what was observed, thus the 

potential economic impact due to 

decreases in YFT catch may be less than 

described above. 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 

final action. In response to comment, 

NMFS also considered a modified 

version of alternative 2 that would 

apply the weak hook requirement 

seasonally. However, NMFS did not 

prefer this approach because BFT are 

also present in the GOM outside of the 

spawning season in lower numbers and 

seasonal application of the weak hook 

requirement would increase the 

difficulty of enforcing the weak hook 

requirement. 

Under Alternative 3, which considers 

additional time/area closures in the 

GOM, some fishermen could be 

expected 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 GOM, 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. While social 

and economic impacts have likely 

occurred due to these events, NMFS 

believes the closure analysis in 2006 

still reflects the substantial social and 

economic impacts that would be likely 

to occur under the time/area closures 

analyzed. Additionally, Alternative 3 

does not meet all of the objectives of 

this final rule because it does not 

rapidly enhance BFT stock rebuilding 

by increasing BFT spawning potential 

and subsequent recruitment into the 

fishery (i.e., rapidly implement the 

action to increase the survival of 

spawning BFT by spring 2011 in the 

GOM). 

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Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

Copies of the compliance guide for this 

final rule is available (see ADDRESSES). 

Weak Hook Voucher Program 

The National Fish and Wildlife 

Foundation (an independent 501(c)(3) 

non-profit that preserves and restores 

our nation’s native wildlife species and 

habitats) is conducting a Weak Hook 

Voucher Program through which 

Atlantic Tuna Longline permit holders 

who use PLL gear in the GOM may 

obtain an initial supply of weak hooks. 

The National Fish and Wildlife 

Foundation will mail vouchers to 

Atlantic Tuna Longline permit holders 

that used PLL gear in the GOM in 2009– 

2010. Atlantic Tuna Longline permit 

holders that have not received the 

National Fish and Wildlife Foundation 

voucher in the mail by April 12, 2011, 

and are planning to fish with PLL gear 

in the GOM this year, may request a 

voucher by contacting Mary Beth 

Charles with the National Fish and 

Wildlife Foundation at 202–595–2445 or 

Marybeth.charles@nfwf.org. Weak hook 

vouchers are for hooks that will be used 

in the Gulf of Mexico and the National 

Fish and Wildlife Foundation will 

consider requests for vouchers on a 

case-by-case basis. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: March 31, 2011. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 635 is amended 

as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

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

1801 et seq. 

■ 2. In § 635.2, the definition of ‘‘round 

wire stock’’ is added in alphabetical 

order 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 modified 

or 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) * * * 

(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 (See: 

§ 635.21(c)(5)(iii)(C)(2)(i)). 

* * * * * 

[FR Doc. 2011–8052 Filed 4–1–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XA304 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trip Limit Adjustments for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits. 

SUMMARY: NMFS increases the 

possession limit for George’s Bank (GB) 

cod, Cape Cod (CC)/Gulf of Maine 

(GOM) yellowtail flounder, and 

Southern New England (SNE)/MidAtlantic (MA) yellowtail flounder, and 

reduces the trip limit GOM cod and 

GOM winter flounder for Northeast (NE) 

multispecies common pool vessels for 

the 2010 fishing year (FY), through 

April 30, 2011. This action is authorized 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act, and by the regulations 

implementing Amendment 16 and 

Framework Adjustment 44 to the NE 

Multispecies Fishery Management Plan 

(FMP). The action is intended to 

facilitate the harvest of GB cod, CC/ 

GOM yellowtail flounder, and SNE/MA 

yellowtail to allow the total catch of 

these stocks to approach the pertinent 

common pool sub-annual catch limits 

(sub-ACLs). This action is also intended 

to reduce catch rates of GOM cod and 

GOM winter flounder by NE common 

pool vessels and minimize additional 

overharvest of these stocks relative to 

the pertinent common pool sub-ACLs. 

DATES: The trip limit increases for GB 

cod and SNE/MA and CC/GOM 

yellowtail flounder are effective March 

31, 2011, through April 30, 2011. The 

trip limits reductions for GOM cod and 

GOM winter flounder are effective April 

5, 2011, through April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Policy Analyst, 

(978) 281–9257, fax (978) 281–9135. 

WReier-Aviles on DSKGBLS3C1PROD with RULES