Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85879 

additional conditions are necessary for 

the protection of human subjects. 

Andrea Grill, 

Acting General Counsel. 

[FR Doc. 2024–24517 Filed 10–28–24; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 241010–0271] 

RIN 0648–BK89 

Atlantic Highly Migratory Species; 

Updates Regarding Sea Turtle Careful 

Release Equipment and Techniques 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NMFS 

updates the Atlantic highly migratory 

species (HMS) regulations regarding the 

sea turtle safe handling and release 

requirements and equipment in the 

HMS pelagic and bottom longline 

fisheries. This action is based in part on 

two technical memoranda published by 

NMFS’ Southeast Fisheries Science 

Center (SEFSC). The regulatory updates 

replace some of the more technical 

terms with those that are more 

commonly used, add more detail to 

make the regulations more 

understandable, and add additional 

tools or options for fishermen to use to 

safely handle and release sea turtles. In 

addition, this final rule simplifies the 

regulations by removing redundancies, 

making minor changes in formatting, 

and revising wording to clarify 

responsibility of implementation. 

DATES: This final rule is effective 

November 29, 2024. 

ADDRESSES: Additional information 

related to this final rule, including 

electronic copies of the supporting 

documents are available from the HMS 

Management Division website at: 

https://www.fisheries.noaa.gov/topic/ 

atlantic-highly-migratory-species, at: 

https://www.regulations.gov (enter 

‘‘NOAA–NMFS–2024–0046’’ in the 

Search box), or by contacting Becky 

Curtis at becky.curtis@noaa.gov. The 

referenced technical memoranda are 

available from the HMS Management 

Division website at: https://

www.fisheries.noaa.gov/resource/ 

outreach-materials/atlantic-highlymigratory-species-safe-handling-releaseand. These documents are also available 

upon request from the HMS 

Management Division by phone at 301– 

427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Becky Curtis, becky.curtis@noaa.gov, 

Steve Durkee, steve.durkee@noaa.gov or 

Karyl Brewster-Geisz, karyl.brewstergeisz@noaa.gov; 301–427–8503. 

SUPPLEMENTARY INFORMATION: 

Background 

Atlantic HMS fisheries are managed 

under the 2006 Consolidated HMS 

Fishery Management Plan (FMP) and its 

amendments, pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) (16 U.S.C. 1801 

et seq.) and consistent with the Atlantic 

Tunas Convention Act (ATCA) (16 

U.S.C. 971 et seq.). HMS implementing 

regulations are at 50 CFR part 635. The 

sea turtle handling and release 

requirements and equipment are located 

at § 635.21(b) through (d). 

This final rule is issued pursuant to, 

and subject to requirements of, the 

Magnuson-Stevens Act. Specifically in 

regard to the sea turtle safe handling 

and release measures implemented in 

this rule, 16 U.S.C. 1851(a)(9) requires 

NMFS to implement fishery 

management measures that minimize 

bycatch, and to the extent bycatch 

cannot be avoided, minimize the 

mortality of bycatch. The MagnusonStevens Act defines bycatch as fish 

which are harvested but which are not 

sold or kept for personal use at 16 

U.S.C. 1802(2) (see also 16 U.S.C. 

1802(12) (defining ‘‘fish’’)). Sea turtles 

are listed and protected under the 

Endangered Species Act and cannot be 

sold or kept for personal use (see 16 

U.S.C. 1538(a)(1) and 16 U.S.C. 

1533(d)). 

Background information about the 

need for regulatory updates to modify 

the sea turtle handling and release 

requirements and equipment and 

specific examples of updates made 

under this action were provided in the 

preamble to the proposed rule (89 FR 

24416, April 8, 2024) and are not 

repeated here. In summary, two 

technical memoranda were published 

by the SEFSC in 2019: NMFS–SEFSC 

TM735: ‘‘Careful Release Protocols for 

Sea Turtle Release with Minimal 

Injury,’’ and NMFS–SEFSC TM738: 

‘‘Design Standards and Equipment for 

Careful Release of Sea Turtles Caught in 

Hook-and-Line Fisheries.’’ NMFS 

decided that it would be helpful to 

revise the existing regulations in light of 

the 2019 technical memoranda. Based in 

part on those memoranda, this final rule 

modifies the regulations by: (1) adding 

additional options for tools and 

procedures for fishermen to use to safely 

handle and release sea turtles; (2) 

replacing some of the more technical 

terms with those that are more 

commonly used; (3) adding more detail 

to make the regulations more 

understandable; and (4) simplifying the 

regulations by removing redundancies. 

NMFS received five written comments 

during the public comment period for 

the proposed rule, which closed on May 

8, 2024. The comments received, and 

responses to those comments, are 

summarized in the Response to 

Comments section. No changes to the 

final rule are planned in response to the 

comments received. However, one 

minor change from the proposed rule is 

outlined in the Changes from Proposed 

Rule section. 

Under this final rule, fishermen are 

able to continue using existing, 

approved sea turtle bycatch mitigation 

equipment. The final rule also provides 

additional tool and procedural options 

that fishermen may use to meet the sea 

turtle safe handling and release 

requirements. 

Response to Comments 

Written comments can be found at: 

https://www.regulations.gov; type 

‘‘NOAA–NMFS–2024–0046’’ in the 

Search box. Below, NMFS summarizes 

and responds to the comments made on 

the proposed rule during the comment 

period. Comments covering the same 

topics were consolidated. 

Comment 1: NMFS received multiple 

comments expressing support for the 

proposed update of sea turtle careful 

handling and release regulations. 

Commenters noted that the updates 

would improve outcomes for 

incidentally-caught sea turtles released 

by fishermen and improve clarity of the 

sea turtle safe handling and release 

regulations, improve awareness of and 

confidence in sea turtle release 

techniques, and, due to the additional 

approved tools, reduce instances where 

the required tools are forgotten or not on 

hand. 

Response: NMFS agrees that the 

proposed changes would provide clarity 

regarding sea turtle safe handling and 

release requirements. Additionally, the 

proposed changes will increase 

flexibility for complying with these 

requirements. 

Comment 2: NMFS received one 

comment expressing concerns about the 

cost of the new, optional tools that 

would be authorized for sea turtle safe 

handling techniques, and whether that 


khammond on DSKJM1Z7X2PROD with RULES
85880 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

cost might hinder adoption of the new 

equipment. 

Response: The additional tools that 

would be authorized are strictly 

optional and not necessary for 

regulatory compliance. Instead, the 

additional tools provide fishermen 

additional flexibility to comply with the 

handling and release requirements in a 

manner that maximizes the efficacy of 

the operations on their vessel. If fishery 

participants decide not to purchase the 

additional tools due to their cost, they 

can remain in compliance by carrying 

the tools that are already approved 

under the current regulations. 

Comment 3: NMFS received multiple 

comments on topics that reach beyond 

the minor regulatory updates and sea 

turtle bycatch issues in the proposed 

rule. One commenter mentioned that 

additional actions should be taken to 

prevent bycatch of sea turtles, including 

restricting fishing activities based on 

water temperature, reducing soak times, 

and changing fishing techniques and 

equipment. Another commenter 

suggested that all longline fishing for 

HMS be banned. Finally, another 

commenter focused on wind energy 

production and its potential threats to 

birds and turtles. 

Response: NMFS considers these 

comments to be outside the scope of the 

current rulemaking. The focus of this 

rule is to update current sea turtle safe 

handling and release requirements to 

more clearly describe safe handling 

techniques, update the names of some 

required tools, approve additional tools 

for safe handling and release 

procedures, and to simplify regulations 

by removing redundancies, and making 

minor changes to clarify responsibility 

of implementation. 

Changes From the Proposed Rule 

No changes were made from the 

proposed rule in response to public 

comments. However, in this final rule, 

the term ‘‘comatose’’ has been replaced 

with ‘‘unresponsive’’ when referring to 

turtles that must be brought on board for 

gear removal. This change more 

accurately describes the state of the 

turtle and matches other agency 

resuscitation guidance. 

Classification 

As described in the statutory 

information in the Background section 

above, NMFS is issuing this rule 

pursuant to the Magnuson-Stevens Act, 

including sections 301(a)(9) and 304(g). 

The NMFS Assistant Administrator has 

determined that the final rule is 

consistent with the 2006 Consolidated 

HMS FMP and its amendments, other 

provisions of the Magnuson-Stevens 

Act, ATCA, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration that the 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. For 

Regulatory Flexibility Act (RFA) 

compliance purposes, NMFS 

established a small business size 

standard of $11 million in annual gross 

receipts for all businesses in the 

commercial fishing industry (North 

American Industry Classification 

System (NAICS) 11411). The Small 

Business Administration (SBA) has 

established size standards for all other 

major industry sectors in the United 

States, including the scenic and 

sightseeing transportation (water) sector 

(NAICS code 487210), which includes 

for-hire (charter/party boat) fishing 

entities. The SBA has defined a small 

entity under the scenic and sightseeing 

transportation (water) sector as one with 

average annual receipts (revenue) of less 

than $14 million. NMFS considers all 

HMS permit holders to be small entities 

because they had average annual 

receipts of less than their respective 

sector’s standard of $11 million and $14 

million. Regarding those entities that 

would be directly affected by the 

measures under this final rule, the 

average revenue for the entire Atlantic 

shark commercial fishery from 2017 

through 2021 is $2,579,228, which is 

well below the NMFS small business 

size standard for commercial fishing 

businesses of $11 million. The average 

annual revenue per active pelagic 

longline vessel in HMS fisheries is 

estimated to be $222,000, also well 

below the small business size standard. 

While the entire HMS pelagic longline 

fishery (approximately 82 active vessels) 

produced an estimated $18.2 million in 

revenue in 2020, no single pelagic 

longline vessel has exceeded $11 

million in revenue in recent years. 

Additionally, HMS bottom longline 

commercial fishing vessels typically 

earn less revenue than pelagic longline 

vessels and, thus, would also be 

considered small entities. While all 

entities directly affected by the 

measures under this final rule are 

considered small entities, significant 

economic impacts are not expected and 

a regulatory flexibility analysis was not 

required and none was prepared for this 

final rule. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: October 21, 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 

635 to read 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 § 635.21: 

■ a. Revise paragraphs (b)(3) and 

(c)(2)(iv)(C); 

■ b. Remove paragraphs (c)(2)(iv)(D) 

through (G); and 

■ c. Revise paragraphs (c)(5) 

introductory paragraph, (c)(5)(i)(B) 

through (L), (c)(5)(i)(M)(1) and (2), 

(c)(5)(ii)(A) through (C), (c)(5)(iii) 

introductory text, and (d)(2) 

introductory text. 

The revisions read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(b) * * * 

(3) When a marine mammal or sea 

turtle is hooked or entangled by pelagic 

or bottom longline gear, the owner and 

operator of the vessel must immediately 

release the animal, retrieve the pelagic 

or bottom longline gear, and move at 

least 1 nmi (2 km) from the location of 

the incident before resuming fishing. 

Similarly, when a smalltooth sawfish is 

hooked or entangled by bottom longline 

gear, the operator of the vessel must 

immediately release the animal, retrieve 

the bottom longline gear, and move at 

least 1 nmi (2 km) from the location of 

the incident before resuming fishing. 

Reports of marine mammal 

entanglements must be submitted to 

NMFS consistent with regulations in 

§ 229.6 of this title. 

* * * * * 

(c) * * * 

(2) * * * 

(iv) * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85881 

(C) All sea turtle bycatch mitigation 

measures specified in paragraph (c)(5) of 

this section, except for the mitigation 

measures specified in paragraphs 

(c)(5)(iii)(B) and (C) of this section, as 

these paragraphs specify bait, hook size, 

and hook type requirements for vessels 

fishing outside the NED as defined in 

§ 635.2. Instead, persons on board the 

vessel must comply with hook size and 

type requirements in paragraph 

(c)(2)(iv)(A) of this section and bait 

restrictions in paragraph (c)(2)(iv)(B) of 

this section. 

* * * * * 

(5) The owner and operator of a vessel 

permitted or required to be permitted 

under this part and that has pelagic 

longline gear on board must undertake 

the following sea turtle bycatch 

mitigation measures: 

(i) * * * 

(B) Long-handled dehooker for 

internal hooks. A long-handled 

dehooking device is intended to remove 

internal hooks from sea turtles that 

cannot be boated. It should also be used 

to engage a loose hook when a turtle is 

entangled but not hooked, and line is 

being removed. The design must shield 

the point of the hook and prevent the 

hook from re-engaging during the 

removal process. One long-handled 

device, meeting the minimum design 

standards as described below, is 

required on board to remove internal 

hooks. The minimum design standards 

are as follows: 

(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L) or 

similar (i.e., designed to resist corrosion 

during exposure to saltwater) must be 

used for all components. The hook 

removal device must be constructed of 

three-sixteenths to five-sixteenths of an 

inch (4.76–7.94 mm) marine-grade 

stainless steel and have a dehooking end 

no larger than 17⁄8-inch (4.76-cm) 

outside diameter. The device must 

securely engage and control the leader 

while shielding the point of the hook to 

prevent the hook from re-engaging 

during removal. The hook removal 

device must not have any unprotected 

points (including blunt ones), as these 

could cause injury to the mouth and 

esophagus during hook removal. The 

device must be of a size appropriate to 

secure the range of hook sizes and styles 

used in the pelagic longline fishery 

targeting swordfish and tuna. 

(2) Extended reach handle. The 

dehooking end must be securely 

fastened to an extended reach handle or 

pole with a minimum length equal to or 

greater than 150 percent of the height of 

the vessel’s freeboard, or 6 ft (1.83 m), 

whichever is greater. It is recommended, 

but not required, that the handle break 

down into sections. The handle must be 

sturdy and strong enough to facilitate 

the secure attachment of the hook 

removal device. 

(C) Long-handled dehooker for 

external hooks. A long-handled 

dehooker, meeting the minimum design 

standards, is required on board for use 

on externally hooked sea turtles that 

cannot be boated. The long-handled 

dehooker for internal hooks described in 

paragraph (c)(5)(i)(B) of this section 

meets this requirement. The minimum 

design standards are as follows: 

(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L) or 

similar (i.e., designed to resist corrosion 

during exposure to saltwater) must be 

used for all components on any style of 

long-handled dehooker. If utilizing a 

wire-style dehooker (e.g., a pigtail or Jstyle dehooker), the long-handled 

dehooker must be constructed of threesixteenths to five-sixteenths of an inch 

(4.76–7.94 mm) marine-grade stainless 

steel. All long-handled dehookers must 

have a dehooking end no larger than 

17⁄8-inch (4.76-cm) outside diameter. 

Smaller dehooking ends may be 

appropriate when encountering small 

turtles. A 5-inch (12.7-cm) tube Thandle of 1-inch (2.54-cm) outside 

diameter is recommended, but not 

required. The design must be such that 

a fish hook can be rotated out, without 

pulling it out at an angle, as described 

in paragraphs (c)(5)(ii)(B) and (C) of this 

section, and in the NMFS–SEFSC TM– 

735 Careful Release Protocols. The 

dehooking end must be blunt with all 

edges rounded. The device must be of 

a size appropriate to secure the range of 

hook sizes and styles used in the pelagic 

longline fishery targeting swordfish and 

tuna. 

(2) Extended reach handle. The 

dehooking end must be securely 

fastened to an extended reach handle or 

pole. The handle must be a minimum 

length equal to or greater than 150 

percent of the height of the vessel’s 

freeboard or 6 ft (1.83 m), whichever is 

greater. 

(D) Long-handled device to pull an 

‘‘inverted V.’’ This tool is used to pull 

a ‘‘V’’ in the fishing line when 

implementing the ‘‘inverted V’’ 

dehooking technique, as described in 

paragraph (c)(5)(ii)(C) of this section and 

in the NMFS–SEFSC TM–735 Careful 

Release Protocols, for disentangling and 

dehooking entangled sea turtles. One 

long-handled device to pull an 

‘‘inverted V’’, meeting the minimum 

design standards, is required on board. 

If a 6 ft (1.83 m) or longer J-style 

dehooker is used to comply with 

paragraph (c)(5)(i)(C) of this section, it 

will also satisfy this requirement. 

Minimum design standards are as 

follows: 

(1) Hook end. This device, such as a 

standard boat hook, gaff, or longhandled J-style dehooker must be 

constructed of stainless steel or 

aluminum. A sharp point, such as on a 

gaff hook, is to be used only for holding 

the monofilament fishing line and must 

never contact the sea turtle. 

(2) Extended reach handle. The 

handle must have a minimum length 

equal to or greater than 150 percent of 

the height of the vessel’s freeboard, or 

6 ft (1.83 m), whichever is greater. The 

handle must be sturdy and strong 

enough to facilitate the secure 

attachment of the gaff hook. 

(E) Boating the turtle. A device to 

bring incidentally caught sea turtles 

aboard the vessel must be carried on 

board the vessel to facilitate safe 

handling of sea turtles by allowing them 

to be brought on board for fishing gear 

removal without causing further injury 

to the animal. Sea turtles must never be 

brought on board without a net or hoist. 

Using the involved fishing gear to raise 

the turtle can result in serious injury. 

The following devices are options to 

meet this requirement. 

(1) Dipnet. The dipnet must have a 

sturdy net hoop of at least 31 inches 

(78.74 cm) of inside diameter and a bag 

depth of at least 38 inches (96.52 cm) to 

accommodate turtles below 3 ft (91.44 

cm) carapace length. The bag mesh 

openings may not exceed 3 inches (7.62 

cm) bar measure, defined as the nonstretched distance between a side knot 

and a bottom knot of a net mesh (also 

known as the square mesh 

measurement). There must be no sharp 

edges or burrs on the hoop, or where the 

hoop is attached to the handle. The 

dipnet hoop must be securely fastened 

to an extended reach handle or pole 

with a minimum length equal to, or 

greater than, 150 percent of the height 

of the vessel’s freeboard, or at least 6 ft 

(1.83 m), whichever is greater. The 

handle must be made of a rigid material 

strong enough to facilitate the sturdy 

attachment of the net hoop and able to 

support a minimum of 100 lb (45.36 kg) 

without breaking or significant bending 

or distortion. It is recommended, but not 

required, that the extended reach handle 

break down into sections. 

(2) Collapsible hoop net. The 

collapsible hoop net frame must be 

constructed of stiff wire cable that coils 

to compress the size for storage. This 

device must have a minimum 31-inch 

(78.74-cm) inside diameter and a bag 

depth of at least 38 inches (96.52 cm) to 

accommodate turtles up to 3 ft (91.44 

cm) in straight carapace length. The bag 


khammond on DSKJM1Z7X2PROD with RULES
85882 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

mesh openings may not exceed 3 inches 

(7.62 cm) bar measure, defined as the 

non-stretched distance between a side 

knot and a bottom knot of a net mesh 

(also known as the square mesh 

measurement). There must be no sharp 

edges or burrs on the hoop. The device 

must be capable of lifting at least 100 lb 

(45.36 kg). No extended reach handle is 

needed on this type of net, although the 

rope handle length must be 6 ft (1.83 m) 

or 150 percent of freeboard height, 

whichever is greater. 

(3) Turtle hoist. A turtle hoist consists 

of a supportive frame with mesh netting. 

A turtle hoist can be used to bring 

turtles on board that cannot be boated 

using a dipnet or collapsible hoop net. 

The two sizes that meet the design 

standards are described in paragraphs 

(c)(5)(i)(E)(3)(i) and (ii) of this section. 

The size of the turtle hoist used should 

match the size of turtles encountered. 

(i) Small turtle hoist. The frame must 

be capable of supporting at least 100 lb 

(45.36 kg), with a minimum inside 

diameter of 31 inches (78.74 cm) to 

accommodate turtles up to 3 ft (91.44 

cm) straight carapace length. This frame 

can be hinged or otherwise designed so 

that it can be folded for ease of storage 

as long as it can be quickly reassembled. 

If the frame is designed to fold or break 

down for storage, the hardware must be 

self-contained (e.g., barrel bolts on both 

sides to lock down frame with no loose 

pieces like through bolts and nuts), and 

there must be no sharp edges. The shape 

of the frame does not matter (e.g., round, 

square, rectangular, or a ‘‘U-shaped’’ or 

‘‘J-shaped’’ basket) as long as it meets 

the required specifications and securely 

contains the turtle. The frame may be 

constructed of heavy-duty stainless steel 

tubing welded into shape or polyvinyl 

chloride (PVC) pipe (recommended 2- 

inch (5.08-cm) diameter with a required 

minimum strength of Schedule 40) 

connected and glued at the corners 

using 90° elbow fittings. PVC pipes can 

be drilled to facilitate water drainage for 

ease of hauling. A shallow bag net with 

mesh openings not to exceed 3 × 3 

inches (7.62 × 7.62 cm) (bar measure) 

must be securely affixed to the frame, 

and lines (e.g., polypropylene, nylon, 

polyester) must be securely attached to 

each corner to control and retrieve the 

frame and net. The lines can be operated 

using a pulley system if available on the 

vessel. No rigid extended reach handle 

is needed on this type of net, although 

the rope handle length must be 6 ft (1.83 

m) or 150 percent of freeboard height, 

whichever is greater. 

(ii) Large turtle hoist. The large turtle 

hoist must be capable of lifting a 

minimum of half a ton. The structure of 

the hoist must consist of three circular 

aluminum bar rings (top, middle, and 

bottom) connected with mesh and 

spokes. The hoist should be designed so 

that when on board, the turtle is 

suspended above the deck on a platform 

of mesh netting (8 mm, 6.5 inches (16.51 

cm) stretch knotless 600-ply 

polyethylene netting) stretched across 

the middle ring. The turtle should be 

contained within a webbing fence (at 

least 18 inches (45.72 cm) high) which 

is supported by the top and middle 

rings and made of 3 mm, 4.7 inches 

(11.94 cm) stretch mesh braided 

polyethylene webbing, and wrapped 

along the top ring with 1⁄2-inch (1.27- 

cm) polypropylene rope. The top and 

middle rings (13⁄4 inch (4.45 cm) 50 

series aluminum round bar) should be 7 

ft and 6 inches (2.29 m) in diameter. 

The bottom ring (11⁄2 inches (3.81 cm) 

50 series aluminum round bar) should 

be 4 ft (1.22 m) in diameter. The middle 

and bottom rings are connected using 12 

spoke braces (approximately 23 inches 

(58.42 cm) long, 1 inch (2.54 cm) round 

50 series aluminum round bar or 6061 

T6 1 inch (2.54 cm) Schedule 40 pipe) 

angled at approximately 25° and welded 

in place with an appropriate welding 

wire (5052, 6061 or 3003 wire). Rubber 

cookies (8 × 21⁄2 inches (20.32 × 6.35 

cm), 4 per each of 12 sections) may be 

used on the middle ring to facilitate 

rolling the hoist up the side of the vessel 

and to cushion impact of the hoist 

against the side of the vessel. When 

deployed in rough seas, the hoist should 

be held to the side of the vessel to 

prevent swinging and collision with the 

vessel hull. A 3- or 4-point bridle is 

attached to the top ring using pair links 

and three-quarter-inch (1.91-cm) nylon 

3-strand line, and a hydraulic lift is 

used to bring hoist aboard. 

(F) Cushion/support device for boated 

turtles. Each vessel is required to carry 

a device that effectively cushions and 

supports a sea turtle while it is on 

board. The device used must be 

appropriately sized to support the sea 

turtle encountered. The device must be 

puncture proof (e.g., no inner tubes, 

pool toys) and cannot be a primary 

safety device (e.g., primary life ring or 

life jacket dedicated to personnel on 

board). Examples that meet current 

design standards include: 

(1) A standard automobile tire. A 

standard (not from a truck or heavy 

equipment) passenger vehicle tire not 

mounted on a rim and free of exposed 

steel belts, is effective for supporting a 

turtle in an upright orientation while it 

is on board. An assortment of sizes is 

recommended to accommodate a range 

of turtle sizes. If the turtle is too large 

for the tire, it must be contained and 

supported on an alternative cushioned 

surface. 

(2) Boat cushion. A standard boat 

cushion can effectively support smaller 

turtles. 

(3) Large turtle hoist. This style is 

recommended for supporting large 

turtles such as leatherbacks, which need 

a supportive platform while on board. 

The large turtle hoist described in 

paragraph (c)(5)(i)(E)(3)(ii) of this 

section satisfies this requirement. 

(G) Short-handled dehooker for 

internal hooks. One short-handled 

device, meeting the minimum design 

standards, is required on board for 

removing hooks that are internal or 

ingested. This dehooker is designed to 

remove internal hooks from boated sea 

turtles. It can also be used on external 

hooks or hooks in the front of the 

mouth. Minimum design standards are 

as follows: 

(1) Hook removal device. Unless 

otherwise noted, all components must 

be made of marine-grade stainless steel 

(316 L or 304 L). If utilizing a wire-style 

dehooker (e.g., a pigtail or J-style 

dehooker), the hook removal device 

must be constructed of three-sixteenths 

to five-sixteenths of an inch (4.76–7.94 

mm) marine-grade stainless steel (316 L 

or 304 L) rod and have a dehooking end 

no wider than 17⁄8 inches (4.76 cm) total 

width. The end must allow the hook to 

be secured and the point to be shielded 

without re-engaging during the removal 

process. It may not have any 

unprotected terminal points or sharp 

edges, as this could cause injury to the 

esophagus during hook removal. A 

sliding PVC bite block must be used to 

protect the beak and facilitate hook 

removal if the turtle bites down on the 

dehooking device. The bite block should 

be constructed of a three-quarter- to 1- 

inch (1.91–2.54 cm) inside diameter 

high-impact plastic cylinder (e.g., 

Schedule 80 PVC) that is 4–6 in (10.16– 

15.24 cm) long to allow for at least 5 

inches (12.7 cm) of slide along the shaft. 

The device must be of a size appropriate 

to secure the range of hook sizes and 

styles used in the pelagic longline 

fishery targeting swordfish and tuna. 

(2) Handle length. The handle must be 

16–24 inches (40.64–60.96 cm) in 

length, with a tube T-handle, wire loop 

handle, or similar type of handle that is 

approximately 4–6 inches (10.16–15.24 

cm) long. 

(H) Short-handled dehooker for 

external hooks. One short-handled 

dehooker for external hooks, meeting 

the minimum design standards, is 

required on board. The short-handled 

dehooker for internal hooks required to 

comply with paragraph (c)(5)(i)(G) of 

this section will also satisfy this 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85883 

requirement. Minimum design 

standards are as follows: 

(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L) 

must be used for all components. If 

utilizing a wire-style dehooker (e.g., a 

pigtail or J-style dehooker), the 

dehooker must be constructed of threesixteenths to five-sixteenths of an inch 

(4.76–7.94 mm) marine-grade stainless 

steel (316 L or 304 L) and have a 

dehooking end no wider than 17⁄8 inches 

(4.76 cm) total width. The design must 

be such that a hook can be rotated out 

without pulling it out at an angle. The 

dehooking end must be blunt, and all 

edges rounded. The device must be of 

a size appropriate to secure the range of 

hook sizes and styles used in the pelagic 

longline fishery targeting swordfish and 

tuna. 

(2) Handle length. The handle must be 

16–24 inches (40.64–60.96 cm) long 

with a tube T-handle, wire loop handle, 

or similar type of handle that is 

approximately 4–6 inches (10.16–15.24 

cm) long. 

(I) Long-nose or needle-nose pliers. 

One pair of long-nose or needle-nose 

pliers is required to be on board. Such 

pliers must be a minimum of 11 inches 

(27.94 cm) in length, and should be 

constructed of stainless steel material or 

other material designed to resist 

corrosion during exposure to saltwater. 

The pliers can be used to remove 

embedded hooks from the turtle’s flesh 

or hooks in the front of the mouth. The 

pliers are also useful for holding PVC 

splice couplings in place as mouth 

openers. 

(J) Bolt cutters. One pair of bolt cutters 

is required on board. Such bolt cutters 

must be a minimum of 14 inches (35.56 

cm) in total length, with a minimum of 

4 inches (10.16 cm) long blades that are 

a minimum of 21⁄4 inches (5.72 cm) 

wide, when closed, and with 10- to 13- 

inch (25.40- to 33.02-cm) long handles. 

Such bolt cutters must be able to cut 

hard metals, such as stainless or carbon 

steel hooks, up to one-quarter of an inch 

(6.35 mm) in diameter, and they must be 

capable of cutting through the hooks 

used on a vessel. The required bolt 

cutters may be used to cut hooks to 

facilitate their removal. They should be 

used to cut off the eye or point of a 

hook, so that it can safely be pushed 

through a sea turtle without causing 

further injury. They should also be used 

to cut off as much of the hook as 

possible, when the remainder of the 

hook cannot be removed. 

(K) Monofilament line cutters. One 

pair of monofilament line cutters is 

required on board. Such monofilament 

line cutters must be a minimum of 6 

inches (15.24 cm) in overall length. The 

blades must be 1 inch (2.54 cm) in 

length and five-eighths inch (1.59 cm) 

wide, when closed, and are 

recommended to be coated with Teflon 

(a trademark owned by E.I. DuPont de 

Nemours and Company Corp.). The line 

cutters must be used to remove netting, 

entangling line, or fishing line as close 

to the eye of the hook as possible, if the 

hook is swallowed or cannot be 

removed safely. 

(L) Mouth openers/mouth gags. 

Required mouth openers and mouth 

gags are used to open sea turtle mouths, 

and to keep them open when removing 

internal hooks from boated turtles. They 

must allow access to the hook or line 

without causing further injury to the 

turtle. Design standards are included in 

the item descriptions. At least 2 of the 

7 different types of mouth openers/gags 

described below are required on board 

the vessel: 

(1) A block of hard wood. Placed in 

the corner of the jaw, a block of hard 

wood may be used to gag open a turtle’s 

mouth. A smooth block of hard wood of 

a type that does not splinter (e.g., 

maple) with rounded edges must be 

sanded smooth. The dimensions should 

be appropriately sized for the size of 

turtles that may be caught or 

approximately 10 × 0.75 × 0.75 inches 

(25.40 × 1.91 × 1.91 cm). A longhandled, wire shoe brush with a 

wooden handle, and with the wires 

removed, is an inexpensive, effective 

and practical mouth-opening device that 

meets these requirements. A wooden 

hammer handle (without the head 

attached) may also be suitable, provided 

it is made from wood that does not 

splinter under pressure (e.g., ash, 

maple). 

(2) A set of three canine mouth gags. 

Canine mouth gags are highly 

recommended to hold a turtle’s mouth 

open, because the gag locks into an open 

position to allow for hands-free 

operation after it is in place. A set of 

canine mouth gags must include one of 

each of the following sizes: small (5 in; 

12.7 cm), medium (6 in; 15.24 cm), and 

large (7 in; 17.78 cm). They must be 

constructed of stainless steel. 

(3) A set of two sturdy dog chew 

bones. Placed in the corner of a turtle’s 

jaw, canine chew bones are used to gag 

open a sea turtle’s mouth. Required 

canine chews must be constructed of 

durable nylon, zylene resin, or 

thermoplastic polymer, and strong 

enough to withstand biting without 

splintering. To accommodate a variety 

of turtle beak sizes, a set must include 

one large (5.5–8 inches (13.97–20.32 

cm) in length) and one small (3.5–4.5 

inches (8.89–11.43 cm) in length) canine 

chew bone. 

(4) A set of two rope loops covered 

with hose. A set of 2 rope loops covered 

with a piece of hose or flexible tubing 

can be used as a mouth opener, and to 

keep a turtle’s mouth open during hook 

and/or line removal. A required set 

consists of two 3-ft (91.44-cm) lengths of 

poly braid rope (three-eighths of an inch 

(9.53 mm) in diameter is suggested), 

each covered with an 8-inch (20.32-cm) 

section of half-inch (1.27-cm) or threequarter-inch (1.91-cm) light-duty garden 

hose or flexible tubing, and each tied 

into a loop. The upper loop of rope 

covered with hose is secured on the 

upper beak to give control with one 

hand, and the second piece of rope 

covered with hose is secured on the 

lower beak to give control with the 

user’s foot. 

(5) A hank of rope. Placed in the 

corner of a turtle’s jaw, a hank of rope 

can be used to gag open a sea turtle’s 

mouth. A 6-ft (1.83-m) lanyard with a 

minimum of three-sixteenths-inch (4.76- 

mm) braided soft rope may be folded to 

create a hank, (or a coiled or looped 

bundle), of rope. Any size braided soft 

rope is allowed; however, it must create 

a hank of approximately 2–4 inches 

(5.08–10.16 cm) in thickness. 

(6) A set of four PVC splice couplings. 

PVC splice couplings can be positioned 

inside a turtle’s mouth to allow access 

to the back of the mouth for hook and 

line removal. They are to be held in 

place with the needle-nose pliers. To 

ensure proper fit and access, a required 

set must consist of the following 

Schedule 40 PVC splice coupling sizes: 

1 inch (2.54 cm), 11⁄4 inches (3.18 cm), 

11⁄2 inches (3.81 cm), and 2 inches (5.08 

cm). 

(7) A large avian oral speculum. A 

large avian oral speculum provides the 

ability to hold a turtle’s mouth open and 

to control the head with one hand, 

while removing a hook with the other 

hand. The avian oral speculum must be 

9 inches (22.86 cm) long and 

constructed of three-sixteenths-inch 

(4.76-mm) wire diameter surgical 

stainless steel (Type 304). It must be 

covered with 8 inches (20.32 cm) of 

clear vinyl tubing (five-sixteenths-inch 

(7.94-mm) outside diameter, threesixteenths-inch (4.76-mm) inside 

diameter), friction tape, or similar 

material to pad the surface. 

(M) * * * 

(1) Turtle tether and extended reach 

handle. Approximately 15–20 ft (4.57– 

6.10 m) of half-inch (1.27 cm) hard lay 

negative buoyancy line or similar is 

used to make an approximately 30-inch 

(76.2-cm) loop to slip over the flipper. 

The line is fed through a three-quarterinch (1.91-cm) inside diameter fair lead, 

eyelet, or eyebolt at the working end of 


khammond on DSKJM1Z7X2PROD with RULES
85884 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

a pole and through a three-quarter-inch 

(1.91-cm) eyelet or eyebolt in the 

midsection. A half-inch (1.27-cm) quick 

release cleat holds the line in place near 

the end of the pole. A final threequarter-inch (1.91-cm) eyelet or eyebolt 

should be positioned approximately 7 

inches (17.78 cm) behind the cleat to 

secure the line, while allowing a safe 

working distance to avoid injury when 

releasing the line from the cleat. The 

line must be securely fastened to an 

extended reach handle or pole with a 

minimum length equal to, or greater 

than, 150 percent of the height of the 

vessel’s freeboard, or a minimum of 6 ft 

(1.83 m), whichever is greater. There is 

no restriction on the type of material 

used to construct this handle, as long as 

it is sturdy. The handle must include a 

tag line to attach the tether to the vessel 

to prevent the turtle from breaking away 

with the tether still attached. 

(2) Ninja sticks and extended reach 

handles. Approximately 30–35 ft (9.14– 

10.67 m) of one-half to five-eighths of an 

inch (1.27–1.59 cm) of soft lay 

polypropylene line, nylon line or 

similar line is fed through 2 PVC 

conduit, fiberglass, or similar sturdy 

poles and knotted using an overhand 

(recommended) knot at the end of both 

poles or otherwise secured. There 

should be approximately 18–24 inches 

(45.72–60.96 cm) of exposed rope 

between the poles to be used as a 

working surface to capture and secure 

the flipper. Knot the line at the ends of 

both poles to prevent line slippage if 

they are not otherwise secured. The 

remaining line is used to tether the 

apparatus to the boat unless an 

additional tag line is used. Two lengths 

of sunlight resistant three-quarter-inch 

(1.91-cm) schedule 40 PVC electrical 

conduit, fiberglass, aluminum, or 

similar material should be used to 

construct the apparatus with a 

minimum length equal to, or greater 

than, 150 percent of the height of the 

vessel’s freeboard, or 6 ft (1.83 m), 

whichever is greater. 

(ii) * * * 

(A) Sea turtle bycatch mitigation gear 

and protocols. Sea turtle bycatch 

mitigation gear, as required by 

paragraphs (c)(5)(i)(A) through (D) of 

this section, must be used to disengage 

any hooked or entangled sea turtles that 

cannot be brought on board. Sea turtle 

bycatch mitigation gear, as required by 

paragraphs (c)(5)(i)(E) through (M) of 

this section, must be used to facilitate 

access, safe handling, disentanglement, 

and hook removal or hook cutting of sea 

turtles that can be brought on board, 

where feasible. Sea turtles must be 

handled, and bycatch mitigation gear 

must be used, in accordance with the 

careful release protocols and handling/ 

release guidelines specified in 

paragraphs (c)(5)(ii)(B) and (C) of this 

section, and in accordance with the 

onboard handling and resuscitation 

requirements specified in 50 CFR 

223.206(d)(1). 

(B) Boated turtles. When practicable, 

active and unresponsive sea turtles must 

be brought on board, with a minimum 

of injury, using a dipnet, collapsible 

hoop net, or turtle hoist, as required by 

paragraph (c)(5)(i)(E) of this section. All 

turtles less than 3 ft (91.44 cm) carapace 

length must be boated, if sea conditions 

permit. Turtles must be lifted and 

carried by holding the front and back of 

the carapace (shell) or by holding the 

shell by both sides. A turtle must be 

cradled while holding the shell and base 

of the flippers. A turtle must never be 

lifted or dragged by the flippers when it 

is brought on board, handled on deck, 

or released. 

(1) Preparation for gear and hook 

removal. A boated turtle must be placed 

on a device that effectively cushions 

and supports a sea turtle while it is on 

board, as described in paragraph 

(c)(5)(i)(F) of this section. The turtle 

must be in an upright orientation to 

immobilize it and facilitate gear 

removal. Then, it should be determined 

if the hook can be removed without 

causing further injury. 

(2) External hook removal. All 

externally embedded hooks must be 

removed, unless hook removal would 

result in further injury to the turtle. No 

attempt to remove a hook should be 

made if it has been swallowed and the 

insertion point is not visible, or if it is 

determined that removal would result in 

further injury. 

(3) Irremovable hook protocol. If a 

hook cannot be removed, as much line 

as possible must be removed from the 

turtle using monofilament cutters as 

required by paragraph (c)(5)(i)(K) of this 

section, and the hook should be cut as 

close as possible to the insertion point 

before releasing the turtle, using bolt 

cutters as required by paragraph 

(c)(5)(i)(J) of this section. 

(4) Removable hook protocol. If a 

hook can be removed, an effective 

technique may be to cut off either the 

barb, or the eye, of the hook using bolt 

cutters, and then to slide the hook out. 

When the hook is visible in the front of 

the mouth, a mouth-opener, as required 

by paragraph (c)(5)(i)(L) of this section, 

may facilitate opening the turtle’s 

mouth and a gag may facilitate keeping 

the mouth open. Short-handled 

dehookers for internal hooks, long-nose 

pliers, or needle-nose pliers, as required 

by paragraphs (c)(5)(i)(G) through (I) of 

this section, should be used to remove 

visible hooks from the mouth that have 

not been swallowed, as appropriate. 

(5) Gear removal. As much gear as 

possible must be removed from the 

turtle without causing further injury 

prior to its release. Refer to the careful 

release protocols and handling/release 

guidelines required in this paragraph 

(c)(5)(ii)(B), and the handling and 

resuscitation requirements specified in 

50 CFR 223.206(d)(1), for additional 

information. 

(C) Non-boated turtles. If a sea turtle 

is too large, or hooked in a manner that 

precludes safe boating without causing 

further damage or injury to the turtle, 

sea turtle bycatch mitigation gear 

required by paragraphs (c)(5)(i)(A) 

through (D) of this section must be used 

to disentangle sea turtles from fishing 

gear and disengage any hooks, or to clip 

the line and remove as much line as 

possible from a hook that cannot be 

removed, prior to releasing the turtle, in 

accordance with the protocols specified 

in this paragraph. 

(1) Preparation for hook removal. 

Non-boated turtles should be brought 

close to the boat and provided with time 

to calm down. Then, it must be 

determined whether the hook can be 

removed without causing further injury. 

A front flipper or flippers of the turtle 

must be secured with an approved turtle 

control device from the list specified in 

paragraph (c)(5)(i)(M) of this section. 

(2) Hook removal protocol. All 

externally embedded hooks must be 

removed, unless hook removal would 

result in further injury to the turtle. No 

attempt should be made to remove a 

hook if it has been swallowed, or if it 

is determined that removal would result 

in further injury. If the hook cannot be 

removed and/or if the animal is 

entangled, as much line as possible 

must be removed prior to release, using 

a line cutter as required by paragraph 

(c)(5)(i)(K) of this section. If the hook 

can be removed, it must be removed 

using a long-handled dehooker as 

required by paragraph (c)(5)(i) of this 

section. 

(3) Gear removal. Without causing 

further injury, as much gear and line as 

possible must be removed from the 

turtle prior to its release. Refer to the 

careful release protocols and handling/ 

release guidelines required in this 

paragraph (c)(5)(ii)(C), and the handling 

and resuscitation requirements specified 

in 50 CFR 223.206(d)(1) for additional 

information. 

(iii) Gear modifications. The 

following measures are required of 

vessel owners and operators to reduce 

the incidental capture and mortality of 

sea turtles: 

* * * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85885 

(d) * * * 

(2) The owner and operator of a vessel 

required to be permitted under this part 

and that has bottom longline gear on 

board must undertake the following 

bycatch mitigation measures: 

* * * * * 

[FR Doc. 2024–24870 Filed 10–28–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 241022–0277] 

RIN 0648–BN02 

Fisheries of the Northeastern United 

States; Framework Adjustment 16 to 

the Mackerel, Squid, and Butterfish 

Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements Framework Adjustment 16 

to the Mackerel, Squid, and Butterfish 

Fishery Management Plan. Framework 

Adjustment 16 was developed by the 

Mid-Atlantic Fishery Management 

Council to establish a volumetric vessel 

hold capacity baseline for limited access 

Illex squid vessels, allow NMFS to 

collect information on vessel processing 

type from limited access Illex and Tier 

1 longfin squid vessels, and clarify 

existing Illex squid reporting 

requirements. This action is necessary 

to restrict future increases in capacity in 

the Illex squid fishery and gain more 

accurate catch information to inform 

stock assessments. 

DATES: Effective November 29, 2024, 

except for instruction 3 amending 

§§ 648.4(a)(5)(ii)(F), 648.4(a)(5)(ii)(H), 

and 648.4(c)(2)(viii), which is effective 

November 28, 2025. 

ADDRESSES: Copies of Framework 

Adjustment 16, including the 

preliminary Regulatory Impact Review 

and the Regulatory Flexibility Act 

Analysis prepared by the Mid-Atlantic 

Fishery Management Council, are 

available from Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 North State Street, Dover, DE 19901. 

The document is also accessible via the 

internet at https://www.mafmc.org/ 

supporting-documents. 

Copies of the small entity compliance 

guide are available from Michael 

Pentony, Regional Administrator, 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic 

Drive, Gloucester, MA 01930–2298, or 

via the internet at https://www.greater

atlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Maria Fenton, Fishery Policy Analyst, 

(978) 281–9196, or maria.fenton@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council adopted 

Framework Adjustment 16 to the 

Mackerel, Squid, and Butterfish Fishery 

Management Plan (FMP) during its 

October 2023 meeting. This action was 

initiated following NMFS’ September 7, 

2022, disapproval of Amendment 22 to 

the Mackerel, Squid, and Butterfish 

FMP. The purpose of Amendment 22 

was to better align fleet capacity with 

current quotas by creating a tiered 

permit system for the current limited 

access Illex squid permits to remove 

latent effort from the fishery. 

Amendment 22 was developed in 

response to an overall increase in the 

number of active limited access Illex 

vessels, which had no trip limits, and a 

perceived increase in racing to fish 

during the weeks leading up to Illex 

fishery closures since 2017. To address 

these issues, Amendment 22 proposed 

reallocating existing Illex squid limited 

access permits through tiered permitting 

measures. NMFS’ review of Amendment 

22 determined that the record 

supporting the Council’s proposal was 

not adequate or sufficient to support a 

decision to further restrict the number 

and types of permits in the Illex fishery 

in light of the Magnuson-Stevens 

Fishery Conservation and Management 

Act’s (Magnuson-Stevens Act) National 

Standards, Amendment 22’s stated 

purpose and need, and the goals and 

objectives of the FMP. Following the 

disapproval of Amendment 22, the 

Council considered alternative measures 

to address potential latent effort in the 

Illex fishery through Framework 16. 

Approved Measures 

This action approves the management 

measures recommended in Framework 

Adjustment 16 to the Mackerel, Squid, 

and Butterfish FMP. The measures 

implemented in this final rule are: 

1. Volumetric Hold Baseline for Limited 

Access Illex Squid Vessels 

Section 303(b)(4) of the MagnusonStevens Act allows for provisions in an 

FMP that limit the type and quantity of 

vessels participating in a fishery, for 

conservation and management 

purposes. This action establishes a 

volumetric vessel hold capacity baseline 

for limited access Illex squid vessels in 

order to restrict future increases in 

capacity in the fishery. This baseline 

will be required in addition to the 

standard length and horsepower 

baselines that are mandatory for all 

Federal limited access permits in the 

Greater Atlantic Region. 

In order to establish its volumetric 

hold baseline, a limited access Illex 

squid vessel’s fish hold capacity 

measurement must be certified by a 

qualified individual or entity as 

specified at 50 CFR 648.4(a)(5)(ii)(H)(1). 

Limited access Illex squid vessels must 

submit a fish hold capacity 

measurement, along with a signed 

certification by the qualified individual 

or entity, to NMFS within 395 days of 

the publication of this final rule. A 

similar volumetric hold baseline was 

implemented for Tier 1 and Tier 2 

Atlantic mackerel permit holders 

through Amendment 11 to the Mackerel, 

Squid, and Butterfish FMP (76 FR 

68642, November 7, 2011) in 2011. If a 

vessel already has a volumetric hold 

baseline related to a Tier 1 or Tier 2 

mackerel permit, that baseline could be 

used for its limited access Illex squid 

permit as well, and no new survey is 

required. 

If a limited access Illex squid permit 

is in Confirmation of Permit History 

(CPH) when fish hold capacity 

measurements are due, the default 

volumetric hold baseline for that CPH 

permit will be established based on the 

fish hold capacity measurement of the 

first replacement vessel greater than 20 

feet (ft) (6.09 meters (m)) after the 

permit is removed from CPH (at which 

point the vessel’s fish hold would have 

to be measured consistent with the 

requirements at § 648.4(a)(5)(ii)(H)(1) 

before the vessel could fish under the 

permit). If a permit in CPH already had 

an existing fish hold capacity 

measurement from the vessel 

immediately preceding the permit’s 

placement into CPH that met the 

certification requirements, that 

measurement could be used to establish 

a volumetric hold baseline for the Illex 

squid permit during the implementation 

period. 

If a limited access Illex squid vessel 

is upgraded (through refitting or 

replacement), the upgraded vessel’s 

volumetric hold capacity cannot exceed 

its volumetric hold baseline by more 

than 10 percent. The modified fish hold, 

or the fish hold of the replacement 

vessel, must be surveyed by a qualified 


khammond on DSKJM1Z7X2PROD with RULES