41424 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules

Dated: June 28, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–16925 Filed 7–3–00; 8:45 am]

BILLING CODE 4310–55–C

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 000622191–0191–01; I.D.

041700D]

RIN 0648–AO35

Fisheries off West Coast States and in

the Western Pacific; Pelagics

Fisheries; Measures To Reduce the

Incidental Catch of Seabirds in the

Hawaii 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 a rule under

the Fishery Management Plan for the

Pelagic Fisheries of the Western Pacific

Region (FMP) that would require

operators of vessels registered for use

under Hawaii pelagic longline limited

access permits to use two or more of six

specific bird mitigation techniques

when fishing with pelagic longline gear

north of 25° N. lat.; annually attend a

protected species workshop conducted

by NMFS; and release all hooked or

entangled sea birds in a manner that

maximizes their post-release survival.

This proposed rule would reduce

fishery impacts on black-footed and

Laysan albatrosses that are accidentally

hooked or entangled and killed by

Hawaii pelagic longliners during the

setting and hauling of longline gear.

This proposed rule would also reduce

the potential for interactions between

pelagic longline fishing vessels and

endangered short-tailed albatrosses,

which are known to occasionally visit

the Northwestern Hawaiian Islands.

DATES: Comments on this proposed rule

must be received at the appropriate

address or fax number, (see ADDRESSES)

no later than 5 p.m., Hawaiian standard

time, on August 21, 2000.

ADDRESSES: Written comments on this

proposed rule must be sent to Kathy

Cousins, NMFS Pacific Islands Area

Office (PIAO), 1601 Kapiolani Blvd.

Suite 1101, Honolulu HI 96822; or sent

via facsimile (fax) to 808–973–2941.

Comments will not be accepted if

submitted via e-mail or Internet. Copies

of a background document on the

proposed regulatory action, including

an environmental assessment (EA) and

initial regulatory flexibility analysis

(IRFA), are available from Kitty

Simonds, Executive Director, Western

Pacific Fishery Management Council

(Council), 1164 Bishop St., Suite 1400,

Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT:

Kathy Cousins, 808–973–2937, fax 808–

973–2941, e-mail

kathy.cousins@noaa.gov.

SUPPLEMENTARY INFORMATION: The

Hawaii-based domestic pelagic longline

fishery operates under a limited access

regime with a maximum of 164

transferable permits. The number of

active vessels in the fishery has ranged

from 110 to 120; in 1998, there were 114

active vessels. Data on Hawaii-based

pelagic longline interactions with

seabirds have been collected by NMFS

observers since 1994. Estimated annual

black-footed albatross mortalities caused

by pelagic longline gear range from a

1996 low of 1,568, to a 1994 high of

1,994; there were 1,963 mortalities

estimated to have taken place in 1998.

Laysan albatross estimated annual

mortalities caused by pelagic longline

gear range from a low in 1996 of 1,047

to a high in 1994 of 1,828, with 1,479

mortalities estimated to have occurred

in 1998. There have been no observed

fishery interactions with short-tailed

albatrosses, although two short-tail

albatrosses have been sighted near

Hawaii pelagic longline operations at

sea on separate occasions. In response to

concerns expressed by the U.S. Fish and

Wildlife Service (FWS), researchers, and

conservationists about these fisheryrelated impacts on albatross

populations, the Council has proposed

regulatory changes under FMP

framework procedures. These proposed

changes were developed by the

Council’s Pelagics Plan Team, Advisory

Panel, and Scientific and Statistical

Committee. The Council discussed

various alternative sea bird mitigation

measures at its June 1999 meeting and

again at its October 1999 meeting, when

final action was taken to recommend to

NMFS the measures set forth in this

proposed rule.

The first proposed measure would

require operators of vessels registered

for use with Hawaii pelagic longline

limited access permits to employ 2 or

more of 6 specific bird take mitigation

techniques when longlining north of 25°

N. lat. Individual pelagic longline vessel

operators would choose which 2 or

more of the 6 mitigation methods to

employ based on their vessel operations

and at-sea conditions. The six

mitigation methods approved by the

Council are: (1) discharge offal

strategically from the side of the vessel

opposite the gear while the vessel is

setting or hauling pelagic longline gear;

(2) begin to set pelagic longline gear at

least 1 hour after sunset and complete

the setting operation at least 1 hour

before sunrise using only such lighting

necessary for crew safety; (3) use only

completely thawed bait which has been

dyed blue; (4) tow a buoy or tori (bird)

line, meeting the specifications

proposed under 50 CFR 660.33(b)(4)

while the longline gear is being set and

hauled; (5) attach weights of at least 45

grams to branch lines within 1 meter of

each hook; and, (6) set the line using a

line setting machine with weights of at

least 45 grams attached to branch lines

within 1 meter of each hook. These

techniques have been tested

individually and were found to mitigate

71 to 98 percent of seabird interactions

as compared to normal Hawaii pelagic

longline operations.

Two geographical management

options were investigated and the

management area (north of 25° N. lat.)

was selected by the Council because it

encompasses the area with 95 percent of

the fleet’s annual average incidental

seabird catch and impacts 33 percent of

the average annual fleet effort. The

second management area option (north

of 23° N. lat.) was rejected because it

would impact an additional 11 percent

of fishing effort without significantly

reducing incidental seabird catch.

A no action alternative was rejected

because it would not meet the seabird

conservation objective. A second

rejected alternative would have required

similar mitigation techniques, however,

the choice of which 2 seabird take

mitigation measures to use would have

been made by the Council for all vessels

fishing north of 25° N. lat. This

alternative would have required all

pelagic longline fishing vessels to use

seabird mitigation methods without

regard to particular vessel operating

patterns and at-sea conditions. This

rejected alternative would likely have

resulted in unduly burdensome impacts

on fishing operations. A third rejected

alternative would have prohibited

longline fishing within the exclusive

economic zone (EEZ) around Hawaii

north of 23° N. lat. This alternative was

rejected because it would have

potentially reduced seabird interactions

by a maximum of only 62 percent.

The second proposed measure would

require all owners and operators of

longline vessels holding Hawaii

longline limited access permits to attend

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules 41425

annual protected species workshops

conducted by NMFS. These workshops

would educate Hawaii-based pelagic

longline fishery participants on fishery

impacts on populations of seabirds, sea

turtles, and other protected resources,

provide information on protected

species identification, answer questions

concerning the most effective ways to

deploy required mitigation measures,

and provide information on additional

voluntary modifications to fishing

operations to further minimize

interactions with protected marine

species. These workshops would also

provide an ongoing forum for vessel

operators to express their concerns and

observations to NMFS concerning the

incidental take of protected species.

The third proposed measure would

require Hawaii pelagic longline vessel

operators to release all hooked or

entangled birds in a manner that

maximizes their chances of post-release

survival. Vessel operators would be

required to: (1) stop the vessel (to

remove line tension) when a bird is

hooked or entangled; (2) bring hooked

or entangled birds on board using dip

nets (which are required in separate

regulations at 65 FR 16436 that were

published on March 28, 2000, and

effective on April 27, 2000, for

retrieving incidentally caught sea

turtles); (3) remove externally embedded

hooks; and, (4) cut the line as close as

possible to ingested hooks that cannot

be safely removed.

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Council prepared an EA that

discusses the environmental impacts

that may result from implementation of

this proposed rule. A copy of the EA is

available from the Council (see

ADDRESSES).

NMFS prepared an IRFA that

describes the economic impact that this

proposed rule, if adopted, would have

on small entities. A complete copy of

this analysis is available from the

Council (see ADDRESSES). In the IRFA

analysis NMFS considered a variety of

seabird take mitigation alternatives that

had a range of economic impacts on HI

pelagic longline vessel owners and

operators.

This proposed rule would potentially

affect all 164 Hawaii pelagic longline

fishery limited entry permit holders

(114 of which were active in 1998). The

proposed measures are expected to have

at least a minor economic impact on

vessel operators or owners because of

the requirement for vessel operators to

use seabird mitigation measures,

including the requirement to carry and

have ready dip nets, bolt cutters, pliers,

and small knives. The actual economic

impacts to individual permit holders for

the entire range of proposed

management measures is uncertain; it

would depend on individual fishing

vessel operating patterns, which seabird

take mitigation measures are employed,

and how vessel operators respond to the

proposed new regulations. Direct costs

to individual vessels for the range of

fishery operational seabird take

mitigation measures in the preferred

alternative range from zero for night

setting to $4,800 per year for the

purchase and maintenance of towed

deterrents. The non-operational

measures (workshop attendance and

careful release of live seabirds) are not

anticipated to have significant economic

impacts on fishery participants.

The preferred alternative would

mitigate sea bird take and minimize

economic impacts on vessel operators

by: (1) keeping all fishing areas open

and (2) allowing vessel operators to

choose which 2 seabird take mitigation

methods to use when fishing north of

25° N. lat. based on their individual

fishing vessel operations and at-sea

conditions. Under this alternative it is

likely that those vessels that already set

at night (primarily pelagic longline

vessels targeting swordfish) would

adopt night setting as one of their 2

required seabird mitigation measures,

while those vessels that already use

line-setting machines (primarily pelagic

longline vessels targeting tuna) would

employ line setters and weighted branch

lines as one of their 2 required seabird

mitigation measures. In this manner,

negative economic impacts that result

from requirements to use seabird

mitigation measures would be avoided

and impacts on vessel operations and

catch rates minimized.

There were 3 rejected alternatives.

The first, a no action alternative, was

rejected because it failed to meet the

management objective of mitigating

seabird takes in the pelagic longline

fishery.

The second rejected alternative, in

which the Council would specify which

two or more seabird take mitigation

measures would be employed by all HI

pelagic longline vessels, was rejected

because it did not allow fishermen

flexibility to choose the most effective

measures based on individual vessel

operating conditions and at-sea

conditions. The economic impacts

would vary depending on which 2

specific mitigation methods the Council

required. Night setting would have

uneven revenue impacts (due to changes

in catch rates) depending on the type of

fish the vessel is targeting, while the

other mitigation measures have

unpredictable revenue impacts due to a

lack of data. Direct costs to the pelagic

longline fishery for the range of

mitigation measures considered vary

from zero (night setting) to $4,800 per

year for the purchase and maintenance

of towed deterrents.

The third rejected alternative, a

prohibition on all pelagic longline

fishing within the EEZ around Hawaii

north of 23° N. lat., was rejected because

it would have reduced seabird

interactions by a maximum of only 62

percent. The economic impact would, at

maximum, be the ex-vessel revenue

forgone resulting from the prohibition

on longline fishing in the closed area.

This is estimated to average $6.4 million

annually (1994–1998). It is likely that

some of this lost revenue would be

made up by displacement of longline

effort to other areas; however, the result

of such changes is difficult to predict or

quantify.

Consultation under section 7 of the

Endangered Species Act (ESA) was

initiated within NMFS for these

measures to determine whether the

effect of the proposed action on

threatened and endangered sea turtles

and marine mammals is likely to be

adverse. This consultation is expected

to conclude soon. Formal consultation

under section 7 of the ESA between

NMFS and FWS is ongoing to examine

whether the fishery, as managed under

the proposed measures, is likely to

jeopardize the continued existence of

the endangered short-tailed albatross.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: June 28, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administratorfor Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is proposed

to be amended as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 660.22, new paragraphs (ee),

(ff), and (gg) are added to read as

follows:

41426 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules

§ 660.22 Prohibitions.

* * * * *

(ee) Fish for Pacific pelagic

management unit species using pelagic

longline gear with a vessel registered for

use under a Hawaii pelagic longline

limited access permit north of 25° N. lat.

without employing two or more of the

seabird mitigation measures described

in § 660.33(b).

(ff) Fail to release seabirds that are

caught by pelagic longline gear in a

manner that maximizes their long-term

survival as described in § 660.33(a).

(gg) Operate a vessel used to fish for

Pacific pelagic management unit species

using pelagic longline gear with a vessel

registered for use under a Hawaii

pelagic longline limited access permit

after September 30, 2000, without a

certificate showing completion of a

NMFS workshop on protected species as

described in § 660.34.

3. A new § 660.33 is added to subpart

C to read as follows:

§ 660.33 Pelagic longline seabird

mitigation measures.

The operator of a vessel registered for

use under a Hawaii pelagic longline

limited access permit and engaged in

fishing for Pacific pelagic management

unit species using pelagic longline gear

north of 25° N. lat. must:

(a) Release seabirds that are caught by

pelagic longline gear in a manner that

maximizes their long-term survival. The

vessel operator must have on board the

vessel a long-handled dip net, bolt

cutters, pliers, and a knife. If a seabird

is hooked, the operator must stop the

vessel to reduce the tension on the line

and bring the seabird on board the

vessel using a dip net. Vessel crew must

work in pairs to remove hooks from

seabirds. The vessel operator must

ensure that hooks are not removed

backward, as this will cause further

damage to the seabird. The vessel

operator must ensure that the line is cut

as close as possible to the hook, that the

hook barb is pushed out point first

through a small knife incision and then

cut off using bolt cutters, and that the

hook shank is removed. If an ingested

hook is in the bird’s stomach and cannot

be removed, the vessel operator must

ensure that the line is cut as close as

possible to the hook. After removing

entangled lines or hooks from seabirds,

the vessel operator must ensure that the

birds are left to recover on board the

vessel for a short period before being

released; and

(b) Use at least two of the following

six seabird mitigation methods:

(1) Discharge offal strategically. While

pelagic longline gear is being set or

hauled, fish, fish parts, or bait must be

discharged on the opposite side of the

vessel from where the longline is being

set or hauled. Sufficient quantities of

offal must be retained between sets for

this purpose;

(2) Night setting. Begin setting pelagic

longline gear at least 1 hour after local

sunset and complete the setting process

at least 1 hour before local sunrise,

utilizing only enough deck lighting to

ensure safety;

(3) Blue-dyed bait. Thaw, and dye

blue, all bait used. The color intensity

of the blue-dyed bait must conform to a

level specified by a color quality control

card issued by NMFS;

(4) Towed deterrent. While setting

and hauling the gear, employ a tori

(bird) line or towed buoy that meets the

specifications of this paragraph. The

point of attachment between the tori

line, or towing line for the towed buoy,

and the towing pole to which it is

attached must be 4 to 8 m above the sea

surface. The tori line or towing line for

the towed buoy must be constructed of

material that is between 5 mm and 8

mm in diameter. The tori line must be

a minimum of 150 m in length and be

weighted at the end so that it streams

directly over the pelagic longline gear,

even in cross winds. If a towed buoy is

used, it must be an inflatable type

rubber buoy at least 50 in. (127 cm) in

circumference. The buoy must be

attached to the towing pole by a line

which is at least 175 ft (53.3 m) long,

and must be towed to maintain a

distance of approximately 150 ft (45.7

m) behind the vessel during setting and

approximately 90 ft (27.4 m) during

hauling operations. For both types of

deterrents, swivels must be placed every

20 m along the line to reduce twisting.

A total of 7–10 pairs of streamers must

be attached to the line at 5 m intervals

beginning 10 m from the point of

attachment to the towing pole. The

streamers must be made of a heavy,

flexible material which allows them to

move freely and be attached to the line

using three-way swivels or adjustable

snaps. The tori line, or towing line for

the buoy, must be attached to a towing

pole at the stern of the vessel that is

positioned such that it is directly above

the baited hooks as they are deployed or

hauled back. The streamers must be

constructed and deployed in a manner

such that they each skim the water’s

surface in the area where the gear is

being set and hauled;

(5) Weighted branch lines. Attach a

weight of at least 45 g to each branch

line within 1 m of each hook; or

(6) Line-setting machine with

weighted branch lines. Set the mainline

using a line-setting machine (e.g.

Lindgren-Pitman model LS–4) operating

at least 1.3 times the average setting

speed of the vessel. A weight of at least

45 g must be attached to each branch

line within 1 m of the hook.

4. A new § 660.34 is added to subpart

C to read as follows:

§ 660.34 Annual protected species

workshops.

The owner and operator of a vessel

registered for use under a Hawaii

pelagic longline limited access permit

and engaged in fishing for Pacific

pelagic management unit species using

pelagic longline gear must annually

attend a NMFS workshop on protected

species and receive a protected species

workshop certificate before commencing

fishing each fishing season. For the

years 2000 and 2001, all vessel owners

and operators must have attended a

protected species workshop by

September 30, 2000. The vessel owner

must ensure the vessel operator is

certified. An owner or operator must

maintain proficiency sufficient to

perform the procedures required by

relevant protected species regulations of

NMFS, and must attend and

satisfactorily complete a formal training

session approved by the Administrator

of PIAO, in order to obtain his or her

protected species workshop certificate.

Owners and operators may be required

to attend additional formal training

sessions if there are substantial changes

in the fishery, fishing gear, or mitigation

techniques. Additional training may be

required for any owner or operator who

is found by the Administrator of PIAO,

to lack proficiency in the application of

mitigation techniques presented at the

workshop. NMFS may waive the

requirement to attend these workshops

by notice to all vessel owners and

operators.

[FR Doc. 00–16939 Filed 7–3–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 000504124–0124–01; I.D.

011900B]

RIN 0648–AK11

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Prohibition on the

Use of Set Net Fishing Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.