[Federal Register Volume 89, Number 209 (Tuesday, October 29, 2024)]
[Rules and Regulations]
[Pages 85879-85885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24870]


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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.

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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 <a href="/cdn-cgi/l/email-protection#dcbeb9bfb7a5f2bfa9aea8b5af9cb2b3bdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="781a1d1b1301561b0d0a0c110b3816171919561f170e">[email protected]</span></a>. The referenced 
technical memoranda are available from the HMS Management Division 
website at: https://www.fisheries.noaa.gov/resource/outreach-materials/atlantic-highly-migratory-species-safe-handling-release-and. These 
documents are also available upon request from the HMS Management 
Division by phone at 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#b3d1d6d0d8ca9dd0c6c1c7dac0f3dddcd2d29dd4dcc5"><span class="__cf_email__" data-cfemail="3c5e595f5745125f494e48554f7c52535d5d125b534a">[email protected]</span></a>, 
Steve Durkee, <a href="/cdn-cgi/l/email-protection#a5d6d1c0d3c08bc1d0d7cec0c0e5cbcac4c48bc2cad3"><span class="__cf_email__" data-cfemail="7003041506155e1405021b1515301e1f11115e171f06">[email protected]</span></a> or Karyl Brewster-Geisz, 
<a href="/cdn-cgi/l/email-protection#96fdf7e4effab8f4e4f3e1e5e2f3e4bbf1f3ffe5ecd6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="0d666c7f7461236f7f687a7e79687f206a68647e774d63626c6c236a627b">[email protected]</span></a>; 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 Sec.  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 Magnuson-Stevens 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

[[Page 85880]]

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

0
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.


0
2. In Sec.  635.21:
0
a. Revise paragraphs (b)(3) and (c)(2)(iv)(C);
0
b. Remove paragraphs (c)(2)(iv)(D) through (G); and
0
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:


Sec.  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 
Sec.  229.6 of this title.
* * * * *
    (c) * * *
    (2) * * *
    (iv) * * *

[[Page 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 Sec.  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. Marine-grade 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 1\7/8\-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. Marine-grade 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 J-
style dehooker), the long-handled dehooker must be constructed of 
three-sixteenths 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 1\7/8\-inch (4.76-cm) outside diameter. Smaller 
dehooking ends may be appropriate when encountering small turtles. A 5-
inch (12.7-cm) tube T-handle 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 
long-handled 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 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, 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

[[Page 85882]]

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[deg] 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 x 3 inches (7.62 x 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 (1\3/4\ inch (4.45 cm) 50 series 
aluminum round bar) should be 7 ft and 6 inches (2.29 m) in diameter. 
The bottom ring (1\1/2\ 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[deg] and 
welded in place with an appropriate welding wire (5052, 6061 or 3003 
wire). Rubber cookies (8 x 2\1/2\ inches (20.32 x 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 1\7/8\ 
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

[[Page 85883]]

requirement. Minimum design standards are as follows:
    (1) Hook removal device. Marine-grade 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 three-sixteenths 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 1\7/8\ 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 2\1/4\ 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 x 0.75 x 0.75 inches (25.40 x 1.91 x 1.91 cm). A long-
handled, 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 three-quarter-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), 1\1/4\ inches (3.18 cm), 1\1/2\ 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, three-
sixteenths-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-quarter-inch (1.91-
cm) inside diameter fair lead, eyelet, or eyebolt at the working end of

[[Page 85884]]

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 three-quarter-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:
* * * * *

[[Page 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


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