Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31561

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Montana, is amended by removing DTV

channel 39 and adding DTV channel 8

at Great Falls.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–14743 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1321, MM Docket No. 01–57, RM–

10031]

Digital Television Broadcast Service;

Panama City, FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of WJHG-TV Licensee

Corporation, licensee of station WJHGTV, substitutes DTV channel 8 for DTV

channel 42 at Panama City, Florida. See

66 FR 12752, February 28, 2001. DTV

channel 8 can be allotted to Panama

City in compliance with the principal

community coverage requirements of

Section 73.625(a) at reference

coordinates (30–26–00 N. and 85–24–51

W.) with a power of 27.0, HAAT of 265

meters and with a DTV service

population of 334 thousand.

With is action, this proceeding is

terminated.

DATES: Effective July 23, 2001.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–57,

adopted June 1, 2001, and released June

6, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center 445 12th Street, SW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

Part 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Florida, is amended by removing DTV

channel 42 and adding DTV channel 8

at Panama City.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–14744 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1291; MM Docket No. 01–38; RM–

10064]

Radio Broadcasting Services; Macon,

MS.

AGENCY: Federal Communications

Commission

ACTION: Final rule.

SUMMARY: At the request of Radio South,

Inc., this document removes Channel

263A from Macon, Mississippi. This

will enable Station WLXY, Northport,

Alabama, to upgrade to a Class C1

allotmnent. See 66 FR 14513, published

March 13, 2001.

DATES: Effective July 10, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 01–38,

adopted May 16, 2001, and released

May 25, 2001. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC’s Reference Information

Center at Portals II, CY–A257, 445 12th

Street, SW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio Broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Mississippi, is

amended by removing Macon, Channel

263A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–14805 Filed 6–11–01; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 010511123–1123–01; I.D.

042001D]

RIN 0648–AP24

Fisheries off West Coast States and in

the Western Pacific; Western Pacific

Pelagics Fisheries; Hawaii-based

Pelagic Longline Restrictions and

Seasonal Area Closure, and Sea Turtle

and Sea Bird Mitigation Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule;

notification of restrictions; request for

comments.

SUMMARY: NMFS issues an emergency

interim rule, effective for 180 days,

applicable to vessels registered for use

under a Hawaii longline limited access

permit (Hawaii longline vessel). This

rule: Prohibits the targeting of swordfish

north of the equator by Hawaii longline

31562 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

vessels; prohibits longline fishing by

Hawaii longline vessels in waters south

of the Hawaiian Islands (from 15° N. lat.

to the equator, and from 145° W. long.

to 180° long.) during the months of

April and May; allows re-registration of

vessels to Hawaii longline limited

access permits only in October; imposes

additional sea turtle handling and

resuscitation measures; and requires all

Hawaii longline vessel operators to

attend an annual protected species

workshop. This rule implements an

Order issued on March 30, 2001, by the

United States District Court for the

District of Hawaii (Court). This Order

superseded the Court’s Order of August

4, 2000, and this rule supersedes the

emergency rules published on August

25, 2000; November 3, 2000; February

22, 2001; and March 19, 2001. Other

parts of this emergency interim rule

implement the terms and conditions

contained in a November 28, 2000,

Biological Opinion (BO) issued by the

U.S. Fish and Wildlife Service (FWS) on

the effects of the Hawaii-based longline

fishery (Hawaii longline fishery) on the

endangered short-tailed albatross.

DATES: This emergency interim rule is

effective June 12, 2001, through

December 10, 2001. Comments must be

received no later than 5 p.m., Hawaiian

standard time, on July 27, 2001.

ADDRESSES: Written comments on this

action must be mailed to Dr. Charles

Karnella, Administrator, NMFS, Pacific

Islands Area Office (PIAO), 1601

Kapiolani Blvd., Suite 1110, Honolulu,

HI, 96814–4700; or faxed to 808–973–

2941. Comments will not be accepted if

submitted via e-mail or the Internet.

Copies of the final Environmental

Impact Statement (FEIS) and Regulatory

Impact Reviews (RIRs) prepared for this

action, and the BO may be obtained

from Dr. Charles Karnella, PIAO. See

also http://swr.nmfs.noaa.gov to view

the EIS.

FOR FURTHER INFORMATION CONTACT:

Alvin Katekaru, PIAO, at 808–973–2937.

SUPPLEMENTARY INFORMATION: On August

4, 2000, the Court issued an Order in

Center for Marine Conservation (CMC)

v. NMFS, directing NMFS to complete a

FEIS that assesses the environmental

impacts of fishing activities conducted

under the Fishery Management Plan for

Pelagic Fisheries of the Western Pacific

Region (FMP) by April 1, 2001. On

March 30, 2001, NMFS filed that FEIS

with the U.S. Environmental Protection

Agency. That FEIS provides a

comprehensive assessment of these

fisheries and their impacts on the

human environment. The FEIS contains

a description and analysis of the

preferred alternative which includes,

among other things, a series of actions

to protect and conserve sea turtles.

These measures conform with a BO that

NMFS issued on March 29, 2001, which

analyzes the effects of the Hawaii

longline fishing fleet on sea turtles

under the Endangered Species Act

(ESA). After receiving the FEIS, on

March 30, 2001, the Court issued an

Order Modifying Injunction (March 30

Order) that superseded the Court’s

Order of August 4, 2000. Background

information on actions to implement the

August 4, 2000, Order and earlier

Orders in CMC v. NMFS is not repeated

here; this information was published in

numerous previous Federal Register

documents (64 FR 72290, December 27,

1999; 65 FR 16346, March 28, 2000; 65

FR 37917, June 19, 2000; 65 FR 51992,

August 25, 2000; 65 FR 66186,

November 3, 2000; 66 FR 1110,

February 22, 2001; and 66 FR 15358,

March 19, 2001).

The March 30, 2001, Order made

effective immediately those aspects of

the preferred alternative in the FEIS that

are intended to mitigate the Hawaii

longline fishery interactions with sea

turtles. This emergency interim rule

codifies that Order in 50 CFR part 660

under the authority of section 305 (c) of

the Magnuson-Stevenson Fishery

Conservation and Management Act

(Magnuson-Stevens Act), 16 U.S.C. 1855

(c).

In summary, the turtle mitigation

components of this rule: (a) Prohibit

Hawaii longline vessels from using

longline gear to target swordfish north

of the equator; (b) require Hawaii

longline vessels to deploy longline gear

such that the ‘‘sag’’ (deepest point)

between any two floats is at least 100 m

(328.1 ft) beneath the sea surface and

the float line suspending the main

longline beneath a float is at least 20 m

(65.6 ft or 10.9 fm) long, with a

minimum of 15 branch lines deployed

between any 2 floats; (c) prohibit

possession of light sticks on board a

Hawaii longline vessel; (d) prohibit

Hawaii longline vessels from fishing

with longline gear during the months of

May and April, (significant only if this

rule were extended for an additional

180-day period) in the area bounded on

the south by the equator, on the west by

180° long., on the east by 145° W. long.,

and on the north by 15° N. lat.; (e) allow

the re-registration of a Hawaii longline

vessel that has been de-registered from

a Hawaii longline limited access permit

after March 29, 2001, only during the

month of October; (f) require Hawaii

longline vessel operators to annually

attend a protected species workshop

conducted by NMFS; (g) require Hawaii

longline vessel operators to cease gear

retrieval if a sea turtle is discovered

hooked or entangled on a longline until

the turtle has been removed from the

gear or brought onto the vessel’s deck;

(h) require that hooks be removed from

sea turtles as quickly and carefully as

possible; however, if a hook cannot be

removed, that the line be cut as close to

the hook as possible; (i) require that

wire or bolt cutters capable of cutting

through a longline hook be on board the

vessel to facilitate cutting of hooks

imbedded in sea turtles; and (j) require

the vessel operator to bring comatose

sea turtles on board the vessel and to

perform resuscitation on such turtles as

prescribed in 50 CFR 223.206 (d)(1).

In order to ensure that longline

vessels deploy gear relatively deeply

(the ordinary method of fishing for

tuna), the emergency rule published by

NMFS on November 3, 2000, required

the deepest point (sag) between any two

floats to be at least 100 m beneath the

ocean surface. Although the sag depth

itself is not easily monitored by

enforcement officials, NMFS is

continuing that requirement in this

emergency interim rule because it is

required by explicit wording of the

March 30, 2001, Order. Additionally, to

help with enforcement, this emergency

interim rule, at 50 CFR §§ 660.34 (b) and

660.34(g), also requires that each float

line suspending the main longline

beneath a float be at least 20 m long.

This restriction is intended to better

ensure that the longlines are deployed

relatively deeply in the water column. If

the float lines are at least 20 m long,

then the sag between any two floats

should remain at least 100 m beneath

the ocean surface. In addition, this rule

requires a minimum of 15 branch lines

to be set between any 2 floats. This is

consistent with the ordinary method of

fishing for tuna, which entails using far

more branch lines, at greater depths,

than the ordinary method of fishing for

swordfish. This requirement can also be

monitored by at-sea enforcement

officials. NMFS anticipates that by

regulating the length of the float lines,

as well as the number of branch lines

deployed per float, it will be easier for

both fishermen to control, and

enforcement officials to monitor, the

depth of the main longline, and the

species that are being targeted.

The March 30, 2001, Order, directs

NMFS to require Hawaii longline vessel

operators to record, in writing, each

swordfish caught, and to submit this

report to NMFS within 5 days of

returning to port (see paragraph 1 of the

Order). This directive does not require

further regulation since an existing

regulation requires vessel operators to

submit to NMFS, within 3 days of

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31563

landing, written reports (logbooks) of

any swordfish incidentally caught in the

fishery (50 CFR 660.14). The March 30,

2001, Order also included two nonregulatory requirements: (1) That NMFS

maintain an annual average of at least

20-percent observer coverage in this

fishery; and (2) that NMFS train those

observers in sea turtle biology and

resuscitation techniques.

The second aspect of this emergency

interim rule implements the terms and

conditions of the BO issued by the FWS

on November 28, 2000. The terms and

conditions in the BO are based on a

suite of seabird mitigation measures

developed by the Western Pacific

Fishery Management Council. As a part

of the review process for these

measures, NMFS entered into formal

consultation with the FWS under

section 7 of the ESA. Under the terms

and conditions of the BO, operators and

crew of Hawaii longline vessels

operating with longline gear north of 23°

N. must: (1) Use thawed blue-dyed bait

and strategic offal discards in a manner

approved by NMFS to distract birds

during the setting and hauling of

longline gear; and (2) when making tuna

target sets (the only type of set allowed

under this rule north of the equator),

employ a line setting machine with

weights (minimum weight = 45 g)

attached to each branch line within 1 m

of the hook. In addition, the crew on a

Hawaii longline vessel operating

anywhere at sea must follow certain

handling techniques to increase the

likelihood that short-tailed albatrosses

that are incidentally taken are brought

aboard alive and handled in a manner

that ensures their long-term survival. If

a short-tailed albatross is brought aboard

a vessel, the vessel operator must

determine if it exhibits the following

traits: Head is held erect and the bird

responds to noise and motion stimuli;

bird breathes without noise; both wings

can flap and retract to normal folded

position on back; and the bird can stand

on both feet with toes pointed forward.

If a short-tailed albatross fails to exhibit

even one of these traits, the vessel

operator must contact NMFS

immediately. In addition, any shorttailed albatross recovered dead must be

frozen immediately and surrendered as

soon as possible to NMFS. The BO also

requires all Hawaii longline vessel

operators to attend annually a protected

species workshop. The BO also contains

seabird take mitigation measures for

longline fishing targeting swordfish

north of 23° N. lat.; however, these

become moot because under this

emergency interim rule, targeting

swordfish north of 23° N. lat. is

prohibited.

Criteria for Issuing an Emergency

Interim Rule

This emergency interim rule meets

NMFS policy guidelines for the use of

emergency interim rules (64 FR 44421,

August 21, 1997). Also, it realizes

benefits that outweigh the value of prior

notice, opportunity for public comment,

and deliberative consideration expected

under the normal rulemaking process.

Recent, Unforeseen Events or Recently

Discovered Circumstances

The March 30, 2001, Order included

discussion of regulatory implementation

of the measures to reduce adverse

impacts on sea turtles. NMFS is

publishing this emergency interim rule

in order to temporarily protect sea

turtles while permanent measures can

be imposed through the normal notice

and comment rulemaking process.

Emergency action is also required to

comply with the terms and conditions

of the BO issued on November 28, 2000,

by the FWS.

Immediate Benefits

Although there are many variables

that make it difficult to predict the

effects of this fishery upon different sea

turtle and seabird populations, NMFS

anticipates this rule will benefit these

species by reducing overall fishing

effort, restricting the use of gear shown

to have higher interaction rates with sea

turtles and seabirds, and mitigating the

effects of hooking or entanglements of

animals that encounter longline fishing

gear.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA) has determined

that this emergency interim rule is

necessary to comply with an Order of

the U.S. District Court for the District of

Hawaii, and the mandatory terms and

conditions of a BO issued under section

7 of the ESA. The AA has also

determined that this emergency rule is

consistent with the Magnuson-Stevens

Act and other applicable laws.

This emergency interim rule has been

determined to be not significant for the

purposes of Executive Order 12866.

NMFS prepared an EIS for the FMP

that describes the impact on the human

environment of fishing under this rule.

NMFS also prepared two RIRs, covering

different parts of this action, which

assess the net national benefits of

protecting both sea turtles and seabirds.

This emergency interim rule is of

limited duration and is expected to

result in a reduction in sea turtle and

seabird interactions and mortalities

caused by the Hawaii longline fishery.

The Hawaii longline fishery averaged

annual ex-vessel gross revenues of $40.7

million between 1994–1998. Under the

assumption that fishing effort that is

displaced as a result of the area and gear

restrictions is transferred into allowable

effort in open areas, the anticipated

annual loss of ex-vessel gross fishery

revenues is estimated to be 11 percent

($4.3 million). At the other end of the

extreme is a scenario in which all

displaced effort is totally removed from

the fishery, resulting in an estimated

annual decline of 42 percent ($17.2

million) in ex-vessel revenues.

Economic impacts of these measures,

which are of limited duration, cannot be

precisely estimated due to a lack of data

but are expected to be less than the

higher end of the above range. Copies of

the EIS and RIRs are available (see

ADDRESSES).

The AA finds that this emergency

interim rule, which is being

implemented under section 305 (c) of

the Magnuson-Stevens Act, is needed to

respond to an Order of the Court and to

implement in a timely manner the terms

and conditions of the BO on short-tailed

albatross. Under section 305 (c) of the

Magnuson-Stevens Act, this emergency

interim rule may remain in effect for not

more than 180 days after the date this

rule is published, unless extended for

one additional period of not more than

180 days. If the rule is extended for 180

days, it would close all longline fishing

to Hawaii longline vessels for April and

most of May 2002 in waters bounded on

the south by the equator, on the west by

180° long., on the east by 145° W. long.,

and on the north by 15° N. lat.

The AA finds for good cause that

providing prior notice and opportunity

for public comment is unnecessary

because this action implements a Court

Order and mandatory terms and

conditions of a BO, authorized under

the ESA, thus precluding

implementation of any alternative.

Similarly, the AA finds, for good cause,

under 5 U.S.C. 553 (d)(3), that delaying

the effectiveness of this rule for 30 days

is impracticable given the explicit

directive from the Court and the

mandatory requirements of the FWS’s

BO. Accordingly, the AA is making this

emergency interim rule effective upon

publication in the Federal Register.

Because this emergency interim rule

is not required to be published with

notice and opportunity for public

comment by 5 U.S.C. 553 or by any

other law, the analytical requirements of

the Regulatory Flexibility Act do not

apply.

31564 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: June 6, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is amended

as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

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

2. In § 660.21, new paragraph (l) is

added to read as follows:

§ 660.21 Permits.

* * * * *

(l) Except during October, NMFS will

not register with a Hawaii longline

limited access permit any vessel that is

de-registered from a Hawaii longline

limited access permit after March 29,

2001.

3. In § 660.22, paragraphs (ee) through

(ll) are suspended and new paragraphs

(mm) through (tt) are added to read as

follows:

§ 660.22 Prohibitions.

* * * * *

(mm) Direct fishing effort toward the

harvest of swordfish (Xiphias gladius)

using longline gear deployed by a vessel

registered for use under a Hawaii

longline limited access permit in

violation of § 660.34(a).

(nn) Fish for Pacific pelagic

management unit species with a vessel

registered for use under a Hawaii

longline limited access permit in

violation of § 660.34 (b), (c), (g), or (h).

(oo) Use a receiving vessel registered

for use under a receiving vessel permit

to receive from another vessel Pacific

pelagic management unit species

harvested with longline gear in violation

of § 660.34 (d).

(pp) Land or transship shoreward of

the outer boundary of the EEZ around

Hawaii Pacific pelagic management unit

species that were harvested with

longline gear in violation of § 660.34 (e).

(qq) Possess a light stick on board a

vessel registered for use under a Hawaii

longline limited access permit in

violation of § 660.34 (f).

(rr) Fail to comply with seabird take

mitigation or handling techniques

required under § 660.35 (a) and (b).

(ss) Fish for Pacific pelagic

management unit species with a vessel

registered for use under a Hawaii

longline limited access permit without

being certified by NMFS for completion

of an annual protected species

workshop as required under § 660.36.

(tt) Fail to comply with sea turtle

handling and resuscitation requirements

specified in § 660.32 (e) when operating

a vessel registered for use under a

Hawaii longline limited access permit.

§ 660.23 [Amended]

4. In § 660.23, the suspension of

paragraph (a) is lifted and paragraph (c)

is suspended.

§ 660.28 [Amended]

5. In § 660.28, the suspension of

paragraph (c) is lifted.

6. In § 660.32, new paragraphs (a) (3),

(b) (4), (b) (5), and (e) are added to read

as follows:

§ 660.32 Sea turtle take mitigation

measures.

(a) * * *

(3) Each vessel must have on board a

wire or bolt cutter capable of cutting

through a longline hook to facilitate

hook removal from a sea turtle.

(b) * * *

(4) If a sea turtle is observed to be

hooked or entangled by longline gear

during hauling operations, the vessel

operator must immediately cease

hauling operations until the turtle has

been removed from the longline gear or

brought on board the vessel.

(5) Hooks must be removed from sea

turtles as quickly and carefully as

possible. If a hook cannot be removed

from a turtle, the line must be cut as

close to the hook as possible.

* * * * *

(e) In addition to the requirements in

paragraphs (b) and (c) of this section, a

vessel operator shall perform sea turtle

handling and resuscitation techniques

consistent with § 223.206 (d)(1) of this

title, as appropriate.

§ 660.33 [Amended]

7. Section 660.33 is suspended.

8. New § 660.34 is added to subpart C

to read as follows:

§ 660.34 Hawaii emergency longline

fishing restrictions.

(a) A vessel registered for use under

a Hawaii longline access permit may not

use longline gear to fish for or target

swordfish (Xiphias gladius) north of the

equator (0° lat.).

(b) The length of each float line used

to suspend the main longline beneath a

float must be longer than 20 m (65.6 ft

or 10.9 fm) if deployed by, or possessed

on, a vessel registered for use under a

Hawaii longline access permit, fishing

for Pacific pelagic management unit

species.

(c) From April 1 through May 31, a

vessel registered for use under a Hawaii

longline limited access permit may not

use longline gear in waters bounded on

the south by 0° lat., on the north by 15°

N. lat., on the east by 145° W. long., and

on the west by 180° long. (see Figure 3

to this section).

(d) From April 1 through May 31, a

vessel registered for use under a

receiving vessel permit may not receive

from another vessel Pacific pelagic

management unit species that were

harvested by longline gear in waters

bounded on the south by 0° lat., on the

north by 15° N. lat., on the east by 145°

W. long., and on the west by 180° long.

(see Figure 3 to this section).

(e) From April 1 through May 31, a

vessel registered for use under a Hawaii

longline limited access permit or

receiving vessel permit, may not land or

transship Pacific pelagic management

unit species that were harvested by

longline gear in waters bounded on the

south by 0° latitude, on the north by 15°

N. lat., on the east by 145° W. long., and

on the west by 180° long. (see Figure 3

to this section).

(f) During a fishing trip, no light stick

may be possessed on board a vessel

registered for use under a Hawaii

longline limited access permit.

(g) When a longline is deployed in the

water by a vessel registered for use

under a Hawaii longline limited access

permit, no fewer than 15 branch lines

may be set between any two floats.

(h) Longline gear deployed by a vessel

registered for use under a Hawaii

longline limited access permit must be

deployed such that the deepest point of

the main longline between any two

floats, i.e., the deepest point in each sag

of the main line, is at a depth greater

than 100 m (328.1 ft or 54.6 fm) below

the sea surface.

9. Figure 3 to § 660.34 is added to

read as follows:

Figure 3 to § 660.34—Hawaii

Emergency Longline Restrictions &

Seabird Take Mitigation Measures

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Rules and Regulations 31565

10. New § 660.35 is added to subpart

C to read as follows:

§ 660.35 Seabird take mitigation measures.

(a) Mitigation techniques. While on a

trip using longline gear to fish for

Pacific pelagic management unit species

north of 23° N. lat., a vessel registered

for use under a Hawaii longline limited

access permit must:

(1) Maintain a minimum of two cans

(each sold as 0.45 kg or 1 lb size)

containing blue dye on board the vessel

during a fishing trip;

(2) Use completely thawed bait to fish

for Pacific pelagic management unit

species;

(3) Use only bait that is dyed blue of

an intensity level specified by a color

quality control card issued by NMFS;

(4) Retain sufficient quantities of offal,

between the setting of longline gear for

the purpose of discharging the offal

strategically in a manner described in

paragraph (a) (6) of this section;

(5) Remove all hooks from offal prior

to discharging the offal in a manner

described in paragraph (a) (6) of this

section;

(6) Discharge fish, fish parts (i.e.,

offal), or spent bait while setting or

hauling longline gear on the opposite

side of the vessel from where the

longline is being set or hauled;

(7) Use a line-setting machine or lineshooter to set the main longline;

(8) Attach a weight of at least 45 g to

each branch line within 1 m of the hook;

and

(9) Remove the bill and liver of any

swordfish that is incidentally caught,

sever its head from the trunk and cut it

in half vertically; and periodically

discharge the butchered heads and

livers overboard on the opposite side of

the vessel from which the longline is

being set or hauled.

(b) Seabird handling techniques. If a

short-tailed albatross (Phoebastria

albatrus) is incidentally taken anywhere

at-sea by a vessel registered for use

under a Hawaii longline limited access

permit:

(1) The hooked or entangled bird must

be brought on board the vessel.

(2) The vessel operator must observe

whether the bird is:

(i) Holding its head erect and

responding to noise and motion stimuli;

(ii) Breathing without noise;

(iii) Capable of flapping and retracting

both wings to normal folded position on

its back; and

(iv) Standing on both feet with toes

pointed forward.

(3) If the short-tailed albatross

exhibits all of the traits described in

paragraph (b) (2) of this section, the

vessel operator must release the bird

after it is dry.

(4) If the short-tailed albatross fails to

exhibit all of the traits described in

paragraph (b) (2) of this section, the

vessel operator must contact NMFS

immediately.

(5) A short-tailed albatross that is

brought on board the vessel dead must

be frozen immediately, with

identification tags attached directly to

the specimen, and a duplicate

identification tag attached to the bag or

container holding the specimen. Leg

bands, if attached, must not be removed

from the specimen, and the specimen

must be submitted to NMFS within 72

hours following completion of the

fishing trip.

11. New § 660.36 is added to subpart

C to read as follows:

§ 660.36 Protected species workshop.

(a) Each year the operator of a vessel

registered for use under a Hawaii

longline limited access permit must

attend and be certified for completion of

a workshop conducted by NMFS on

mitigation, handling, and release

techniques of turtles and seabirds and

other protected species.

(b) A protected species workshop

certificate or other proof of completion

of a protected species workshop will be

issued by NMFS annually to a vessel

operator who has completed the

workshop.

(c) An operator of a vessel registered

for use under Hawaii longline limited

access permit must have on board the

vessel while engaged in longline fishing

a valid protected species workshop

certificate or copy issued by NMFS.

[FR Doc. 01–14625 Filed 6–7–01; 2:14 pm]

BILLING CODE 3510–22–S