15062 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 

Subpart L—Restrictions on 

Telemarketing, Telephone Solicitation, 

and Facsimile Advertising 

§ 64.1200 [Amended] 

■ 2. Amend § 64.1200 by removing and 

reserving paragraph (q). 

[FR Doc. 2024–03957 Filed 2–29–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 231010–0243] 

RIN 0648–BL34 

Pacific Island Fisheries; Modification 

of Seabird Interaction Mitigation 

Measures in the Hawaii Deep-Set 

Longline Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NMFS 

modifies its seabird interaction 

mitigation measures to require federally 

permitted Hawaii deep-set longline 

vessels that set fishing gear from the 

stern to use a tori line (i.e., bird scaring 

streamer) in place of the currently 

required thawed, blue-dyed bait and 

strategic offal (i.e., fish, fish parts, or 

spent bait) discharge when fishing 

above latitude (lat.) 23° N. This action 

is expected to improve the overall 

efficacy and operational practicality of 

required seabird mitigation measures by 

reducing seabird bycatch and creating 

operational and administrative 

efficiency for fishermen and NMFS. 

DATES: The final rule is effective April 

1, 2024. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for Pelagic Fisheries of 

the Western Pacific are available from 

the Western Pacific Fishery 

Management Council, 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, 

telephone 808–522–8220, fax 808–522– 

8226, or https://www.wpcouncil.org. 

Copies of the environmental 

assessment and other supporting 

documents for this action are available 

at https://www.regulations.gov, or from 

the Western Pacific Fishery 

Management Council, 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, 808– 

522–8220, or https://

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Rassel, Pacific Islands Regional 

Office (PIRO) Sustainable Fisheries, 

808–725–5036. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Western Pacific Fishery 

Management Council (Council) manage 

the Hawaii deep-set longline fishery 

under the Fishery Ecosystem Plan for 

Pelagic Fisheries of the Western Pacific 

(FEP). The implementing Federal 

regulations for this fishery include a 

suite of conservation and management 

requirements. This fishery occasionally 

catches seabirds; therefore, NMFS 

implemented a suite of seabird 

mitigation requirements in 2001 that 

resulted in the reduction of seabird 

interactions by 70–90 percent. However, 

seabird interactions in the Hawaii 

longline fisheries gradually increased in 

the subsequent years, with significant 

increases in black-footed albatross 

interactions in the deep-set fishery since 

2015. 

Cooperative research by the Council, 

the Hawaii Longline Association, NMFS 

Pacific Islands Fisheries Science Center, 

and NMFS Pacific Islands Regional 

Office (PIRO) in 2019–2021 

demonstrated that when tori lines are 

employed in lieu of blue-dyed bait and 

strategic offal discharge on deep-set 

longline vessels that set from the stern, 

albatross making attempts to eat the bait 

off hooks are 1.5 times less likely, 

contacts with the bait are 4 times less 

likely, and captures are 14 times less 

likely. Furthermore, there is 

inconclusive evidence that the existing 

strategic offal discharge requirements 

reduce seabird interaction risk, and the 

requirement is associated with heavy 

administrative burdens to the Pacific 

Islands Region Observer Program and 

NOAA Office of Law Enforcement. 

Similarly, use of blue-dyed bait is 

burdensome due to the amount of time 

required to thaw and dye the bait, 

thawed bait loss from hooks, vessel 

maintenance costs related to using vats 

of blue dye, and the administrative 

burden to monitor and enforce 

consistent application of blue dye. 

To reduce seabird bycatch and 

improve operational and administrative 

efficiency, NMFS will require deep-set 

longline vessels that stern-set to employ 

a tori line system instead of using 

thawed, blue-dyed bait and strategic 

offal discharge when fishing north of lat. 

23° N. These measures will modify the 

requirements implemented at 50 CFR 

665.815. NMFS also will require that 

vessels deploy a tori line system that 

meets required material, length, and 

position specifications prior to the first 

hook being set. We note that this action 

will only modify seabird mitigation 

requirements for the Hawaii deep-set 

fishery; however, research on mitigation 

measures is currently underway in the 

Hawaii shallow-set fishery. 

All Hawaii longline vessels will 

continue to be required to follow other 

existing seabird handling and release 

requirements at 50 CFR 665.815(b) and 

(c) to maximize the chances of postrelease survival of seabirds that are 

caught alive, and to be certified for the 

completion of an annual protected 

species workshop conducted by NMFS 

(50 CFR 665.814). All other measures 

applicable to longline fisheries under 

the FEP will remain unchanged. This 

rule and related tori line design 

guidelines are consistent with seabird 

mitigation requirements set forth by the 

Western and Central Pacific Fisheries 

Commission and the Inter-American 

Tropical Tuna Commission (see https:// 

www.iattc.org/PDFFiles/Resolutions/ 

IATTC/_English/C-11-02-Active_

Seabirds.pdf and www.wcpfc.int/doc/ 

wcpfc15–2018-dp16/seabird-interactionmitigation-amendment-cmm-2017–06). 

The rule will also revise 50 CFR 

665.802 to clarify prohibitions for 

vessels with Hawaii longline limited 

access permits. Specifically, the rule 

will improve descriptions of which 

vessels are subject to the prohibitions. 

The rule will also correct the omission 

of a prohibition for side-setting (i.e., 

setting the mainline from the port or 

starboard side of the vessel at least one 

meter from the stern) without a bird 

curtain and weighted branch lines. 

You may find additional background 

information on this action in the 

preamble to the proposed rule 

published on October 17, 2023 (88 FR 

71523). 

Comments and Responses 

On October 17, 2023, NMFS 

published a proposed rule, an 

Environmental Assessment (EA), and 

Regulatory Impact Review (RIR) for 

public comment (88 FR 71523). The 

comment period ended on November 

16, 2023. NMFS received a comment 

letter from one nonprofit organization, 

the American Bird Conservancy (ABC). 

In general, ABC supported the proposed 

rule. There were no comments directed 

at analyses presented in the EA or the 

RIR. We summarize and respond to 

ABC’s comments here. 

Comment 1: ABC expressed support 

for the proposed rule, specifically the 

use of tori lines in place of the currently 

required thawed, blue-dyed bait and 

strategic offal discharge when fishing 

above lat. 23° N, and the housekeeping 

correction to reinstate the prohibition 

for side setting without a bird curtain. 


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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 15063 

Response: NMFS agrees and will 

continue to sustainably manage and 

regulate Federal fisheries to minimize 

bycatch, bycatch mortality, and 

interactions with protected species, 

including seabirds, consistent with 

applicable law. 

Comment 2: ABC expressed support 

of a requirement to prohibit offal 

discharge during setting operations and 

therefore a preference for Alternative 3 

in the EA which includes a modification 

of, rather that the removal of, the offal 

discharge requirement to an offal 

management requirement. 

Response: The main difference 

between Alternatives 2 and 3 is whether 

the updated offal management measure 

would be implemented through a nonregulatory best practices annual training 

(Alternative 2) or a regulatory 

requirement (Alternative 3). As 

described in detail in EA section 4.2.2, 

the Council recommended Alternative 2 

because it determined that fishing 

operations in the deep-set longline 

fishery are already in line with best 

practices for offal management because 

offal is not generated during the set. 

Offal would typically be generated and 

discharged in the deep-set longline 

fishery during the haul, and would not 

be saved for discharge during the set in 

the absence of the existing strategic offal 

discharge requirement. Under 

Alternative 2, fishery participants are 

not likely to retain offal and spent bait 

from hauling operations, so there would 

be no offal or spent bait available during 

setting operations to discharge. Even 

without a requirement, offal discharge 

during setting operations would be an 

atypical occurrence, and it is not 

expected to appreciably increase seabird 

interactions. 

Furthermore, regulating best practices 

under Alternative 3 is associated with 

an increased administrative burden to 

monitor and enforce the regulation. 

Under Alternative 2, best practices will 

be taught in the protected species 

workshop, which is required annually 

for all deep-set longline vessel owners 

and captains. NMFS will be able to 

update and adapt the best practices 

training in accordance with the best 

scientific information available, in a 

manner that is more efficient and 

responsive to evolving science than 

changing a regulatory requirement. In 

this way, NMFS will be able to 

disseminate best practices to the 

fisheries’ participants with less 

administrative burden and in a timelier 

manner than through the regulatory 

process. 

This rule as described in EA 

Alternative 2, achieves the objective by 

reducing seabird interactions with the 

fishery while minimizing unnecessary 

regulation. 

Comment 3: ABC recommended 

encouraging the use of tori lines in the 

deep-set longline fishery south of lat. 

23° N for the sake of providing 

international leadership. 

Response: Less than 14 percent of 

observed seabird interactions have 

occurred in the deep-set longline fishery 

south of lat. 23° N and NMFS has 

determined the risk to seabirds south of 

lat. 23° N to be low. However, the rule 

does not prohibit fishers from also using 

tori lines when they are fishing south of 

lat. 23° N. NMFS can encourage fishers 

to use tori lines whenever seabirds are 

present, regardless of latitude, as a best 

practice in the protected species 

workshop training required annually for 

fishers. 

Comment 4: ABC encouraged NMFS 

to request more appropriations for the 

fisheries observer program to increase 

coverage to beyond 20 percent in order 

to better monitor compliance of seabird 

mitigation requirements. 

Response: On October 1, 2023, NMFS 

changed observer coverage in the 

Hawaii deep-set longline fishery from 

20 to 15 percent due to increased 

program costs and is evaluating options 

to manage observer efforts moving 

forward, including assessing alternative 

long-term options—like electronic 

technologies—to supplement 

monitoring and collecting fishery data. 

Comment 5: ABC provided two more 

recommendations, which are related to 

seabirds and the rulemaking process but 

are not directly related to the subject 

rule. These recommendations include 

hastening the rulemaking process to 

implement new seabird mitigation 

methods more expeditiously in the 

shallow set longline fishery and 

advocating for NMFS’s continued 

support for the Agreement for the 

Conservation of Albatrosses and Petrels 

(ACAP). 

Response: NMFS strives for 

expeditious rulemaking, and adheres to 

statutory deadlines specified in the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and other 

applicable law. Tori line research is 

currently being conducted in the 

shallow set longline fishery under an 

experimental fishing permit issued by 

NMFS. The results of this research will 

be presented to the Council and NMFS 

after the conclusion of the project. 

NMFS believes that time spent on the 

research and development of new 

measures will improve the overall 

quality and outcome of such measures. 

We continue to support ACAP. 

Changes From the Proposed Rule 

The final rule contains no changes 

from the proposed rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FEP, other provisions of the MagnusonStevens Act, and other applicable laws. 

Certification of Finding of No 

Significant Impact on Substantial 

Number of Small Entities 

The Chief Counsel for Regulation for 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration during the proposed 

rule stage that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for the certification 

was published in the proposed rule and 

is not repeated here. NMFS received no 

comments regarding this certification. 

As a result, a regulatory flexibility 

analysis was not required and none was 

prepared. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule does not contain a 

collection-of-information requirement 

and thus requires no review under the 

Paperwork Reduction Act. 

List of Subjects in 50 CFR Part 665 

Fisheries, Fishing, Hawaii, Longline, 

Seabird mitigation, Pacific Islands, 

Western Pacific. 

Dated: February 26, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

665 as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. Amend § 665.802 by revising 

paragraph (z), adding paragraph (ll), and 

revising paragraphs (mm) through (qq) 

to read as follows: 

§ 665.802 Prohibitions. 

* * * * * 

(z) Fail to fish in accordance with the 

seabird take mitigation techniques set 

forth at § 665.815(a) when operating a 


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15064 Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations 

vessel registered for use under a Hawaii 

longline limited access permit. 

* * * * * 

(ll) Fail to use weighted branch lines 

or a bird curtain that meets the 

specifications at § 665.815(a)(1)(i) 

through (vii) when operating a sidesetting vessel that is registered for use 

under a Hawaii longline limited access 

permit, when making deep-sets or 

shallow-sets north of lat. 23° N, or 

shallow-sets south of lat. 23° N in 

violation of § 665.815(a)(1). 

(mm) Fail to use a line shooter with 

weighted branch lines to set the main 

longline, and fail to use a tori line 

system prior to the first hook being set 

that meets the specifications of 

§ 665.815(a)(3)(i)(A) through (E) when 

operating a stern-setting vessel that is 

registered for use under a Hawaii 

longline limited access permit and 

equipped with monofilament main 

longline, when making deep-sets north 

of lat. 23° N in violation of 

§ 665.815(a)(3). 

(nn) Fail to employ basket-style 

longline gear such that the mainline is 

deployed slack when operating a vessel 

registered for use under a Hawaii 

longline limited access permit north of 

lat. 23° N, in violation of § 665.815(a)(4). 

(oo) Fail to maintain and use blue dye 

to prepare thawed bait when operating 

a stern-setting vessel registered for use 

under a Hawaii longline limited access 

permit when making shallow-sets, in 

violation of § 665.815(a)(2)(vi) and (vii). 

(pp) Fail to retain, handle, and 

discharge fish, fish parts, and spent bait, 

strategically when operating a sternsetting vessel registered for use under a 

Hawaii longline limited access permit 

when making shallow-sets, in violation 

of § 665.815(a)(2)(i) through (iv). 

(qq) Fail to begin the deployment of 

longline gear at least 1 hour after local 

sunset or fail to complete the setting 

process before local sunrise from a 

stern-setting vessel registered for use 

under a Hawaii longline limited access 

permit while shallow-setting, in 

violation of § 665.815(a)(2)(v). 

* * * * * 

■ 3. Amend § 665.815 by revising 

paragraphs (a) introductory text, (a)(2) 

introductory text, (a)(2)(v) and (viii), 

and (a)(3) and (4) to read as follows: 

§ 665.815 Pelagic longline seabird 

mitigation measures. 

(a) Seabird mitigation techniques. 

When deep-setting or shallow-setting 

north of lat. 23° N or shallow-setting 

south of lat. 23° N, owners and 

operators of vessels registered for use 

under a Hawaii longline limited access 

permit, must either side-set according to 

paragraph (a)(1) of this section, or fish 

in accordance with paragraphs (a)(2) 

through (4) of this section, as applicable. 

* * * * * 

(2) Alternative to side-setting when 

shallow-setting. Owners and operators 

of vessels engaged in shallow-setting 

that do not side-set must do the 

following: 

* * * * * 

(v) Begin the deployment of longline 

gear at least 1 hour after local sunset 

and complete the deployment no later 

than local sunrise, using only the 

minimum vessel lights to conform with 

navigation rules and best safety 

practices; 

* * * * * 

(viii) Follow the requirements in 

paragraph (a)(4) of this section, as 

applicable. 

(3) Alternative to side-setting when 

deep-setting. Owners and operators of 

vessels engaged in deep-setting using a 

monofilament main longline north of 

lat. 23° N that do not side-set must do 

the following: 

(i) Employ a tori line system, prior to 

the first hook being set, that meets the 

following specifications: 

(A) Length and material. The tori line 

must have an aerial section with a 

minimum length of 50 m (164 ft) and be 

made of ultra-high molecular weight 

polyethylene, or other NMFS-approved 

material that is light-weight, water 

resistant, low stretch, and floats in 

water. The tori line must have a drag 

section made of a 6 millimeters or larger 

braided material that is water resistant 

and floats in water. Monofilament nylon 

is prohibited for use in the aerial or drag 

sections of the tori line. The tori line 

must have a minimum total length of 

100 m (328 ft). 

(B) Streamer configuration. The aerial 

section of the tori line must have lightweight material (hereafter referred to as 

streamers) that are attached to the aerial 

section at intervals less than 1 m (3.3 ft) 

apart. Each streamer must have a length 

of at least 30 cm (11.8 in) from its 

attachment point to the tori line so that 

it hangs and moves freely/flutters in the 

wind. Where a single streamer is either 

threaded through or tied to the tori line, 

each length must measure at least 30 cm 

(11.8 in). Streamers are not required for 

the last 20 m (65.6 ft) of the aerial 

section to minimize entanglements with 

buoys and fishing gear. 

(C) Number. Two tori lines meeting 

the specifications in paragraphs 

(a)(3)(i)(A) and (B) of this section must 

be present on the vessel at the start of 

every trip. 

(D) Attachment point and material. 

The aerial section of the tori line must 

be attached to the vessel or a fixed 

structure on the vessel made of rigid 

material. A weak link must be placed 

between the tori line and the point of 

attachment so that the tori line will 

break away from the point of attachment 

if gear entanglement creates tension on 

the tori line. The attachment point must 

have a minimum height of 5 m (16.4 ft) 

above the water when the attachment 

point is located within 2 m (6.6 ft) of the 

vessel stern. When the attachment point 

is more than 2 m (6.6 ft) from the stern, 

the attachment point height must be 

increased by 0.5 m (1.6 ft) for every 5 

m (16.4 ft) distance from the stern. 

(E) Attachment point height 

exemption. If the structure used to 

attach the tori line breaks during a trip, 

the operator may use an alternative 

attachment point at the highest possible 

point on the vessel that is lower than 

the height specified in paragraph 

(a)(3)(i)(D) of this section to continue 

fishing north of lat. 23° N. The 

exemption is only valid during the trip 

in which the structure broke. 

(ii) Employ a line shooter. 

(iii) Attach a weight of at least 45 g 

(1.6 oz) to each branch line within 1 m 

(3.3 ft) of the hook. 

(4) Basket-style longline gear 

requirement. When using basket-style 

longline gear north of lat. 23° N, owners 

and operators of vessels that do not 

side-set must ensure that the main 

longline is deployed slack to maximize 

its sink rate. 

* * * * * 

[FR Doc. 2024–04236 Filed 2–29–24; 8:45 am] 

BILLING CODE 3510–22–P 


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