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.

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Proposed Rules 41427

ACTION: Proposed rule; reopening of the

comment period.

SUMMARY: NMFS reopens the public

comment period on a proposed rule to

prohibit the use of setnet (gillnet and

trammel nets) fishing gear to take

groundfish species in portions of the

exclusive economic zone (EEZ) adjacent

to state waters at four areas off

California. NMFS is reopening the

comment period to ensure that affected

fishers are aware of the proposed

changes and have an opportunity to

provide comments. This action is

intended to avoid unnecessary bycatch

and is expected to promote consistent

conservation of groundfish stocks and

species managed by California

throughout their range.

DATES: Comments must be received on

or before August 3, 2000.

ADDRESSES: Comments on the proposed

rule should be sent to Rodney R.

McInnis, Acting Regional

Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT:

Svein Fougner, Sustainable Fisheries

Division, Southwest Region, NMFS,

562–980–4040.

SUPPLEMENTARY INFORMATION: The

proposed rule that would prohibit the

use of set nets in portions of the EEZ

was published in the Federal Register

on May 19, 2000 (65 FR 31871).

Groundfish fisheries on the west coast

are managed under the authority of the

Fishery Management Plan for

Groundfish Fisheries off Washington,

Oregon, and California. California has

jurisdiction over fishing for groundfish

and other species within State waters

and, with respect to State registered

vessels, in the EEZ off California as long

as State regulations are not in conflict

with Federal regulations. This action

would achieve consistency between

regulations governing waters under

California’s jurisdiction and those of the

EEZ. NMFS is reopening the comment

period to ensure that affected fishers are

aware of the proposed changes and have

an opportunity to provide comments.

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

Dated: June 29, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–16934 Filed 7–3–00; 8:45 am]

BILLING CODE 3510–22–F