Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 25153 

determined that this rule is not a major 

rule as defined by 5 U.S.C. 804. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 232 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 232 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 232 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 232—CONTRACT FINANCING 

Subpart 232.72 [Removed and 

Reserved] 

■ 2. Subpart 232.72, consisting of 

sections 232.7200, 232.7201, and 

232.7202, is removed and reserved. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.232–7014 [Removed and Reserved] 

■ 3. Section 252.232–7014 is removed 

and reserved. 

[FR Doc. 2022–08816 Filed 4–27–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 220421–0102] 

RIN 0648–BK74 

Pacific Island Fisheries; Pelagic 

Longline Gear and Operational 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NMFS 

prohibits the use of wire leaders in the 

Hawaii deep-set longline fishery, and 

requires the removal of fishing gear from 

any oceanic whitetip shark caught in all 

of the region’s domestic longline 

fisheries. The rule is intended to 

increase post-hooking survival of 

threatened oceanic whitetip sharks. 

DATES: The final rule is effective May 

31, 2022. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for Pelagic Fisheries of 

the Western Pacific (FEP) are available 

from the Western Pacific Fishery 

Management Council (Council), 1164 

Bishop St., Suite 1400, Honolulu, HI 

96813, tel. 808–522–8220, fax 808–522– 

8226, or www.wpcouncil.org. 

Copies of the environmental analyses 

and other supporting documents for this 

action are available from https://

www.regulations.gov/docket?D=NOAANMFS-2021-0099, or from Michael D. 

Tosatto, Regional Administrator, NMFS 

Pacific Islands Regional Office (PIRO), 

1845 Wasp Blvd., Bldg. 176, Honolulu, 

HI 96818. 

FOR FURTHER INFORMATION CONTACT: 

David O’Brien, NMFS Pacific Islands 

Regional Office, Sustainable Fisheries, 

808–725–5038. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Western Pacific Fishery 

Management Council (Council) manage 

the Hawaii (shallow-set and deep-set) 

and America Samoa longline fisheries 

under the FEP as authorized by the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). These fisheries 

occasionally catch oceanic whitetip 

sharks (Carcharhinus longimanus). 

NMFS listed oceanic whitetip sharks as 

threatened under the Endangered 

Species Act (ESA) on January 30, 2018 

(83 FR 4153). In an effort to improve 

survival of oceanic whitetip sharks 

unintentionally caught in the FEP 

longline fisheries, this rule prohibits the 

use of wire leaders, specifically steel 

wire line within 1 meter of the hook, in 

the Hawaii deep-set fishery. Wire 

leaders are difficult for sharks to bite off 

and free themselves and difficult for 

fishermen to cut from deck height as 

compared to alternative monofilament 

leaders. The rule also requires, with 

limited exceptions for safety and data 

collection, that fishermen remove 

fishing gear from any oceanic whitetip 

shark caught in all longline fisheries 

operating under the FEP. The rule is 

intended to reduce the amount of 

fishing gear (aka, trailing gear) attached 

to released oceanic whitetip sharks. 

Long trailing gear reduces survivorship 

of oceanic whitetip sharks 

unintentionally caught in the fisheries. 

You may find additional background 

information on this action in the 

preamble to the proposed rule 

published on January 19, 2022 (87 FR 

2742). 

Comments and Responses 

On January 19, 2022, NMFS 

published a proposed rule, an 

Environmental Assessment (EA), and 

Regulatory Impact Review (RIR) for 

public comment (86 FR 2742). The 

comment period ended February 18, 

2022. We received 46 comments from 

individuals and 2 from organizations. In 

general, all comments supported the 

proposed rule. All comments related to 

the proposed rule; there were no 

comments directed at analysis presented 

in the EA or the RIR. We summarize and 

respond to the comments here, 

combining substantially similar 

comments. 

Comment 1: Many commenters 

expressed strong support for the 

proposed rule noting the importance of 

sharks to marine ecosystem and threats 

to the species, including fisheries 

interactions and climate change. 

Response: NMFS agrees and will 

continue to manage and regulate Federal 

fisheries for sustainability, and to 

minimize bycatch, bycatch mortality, 

and interactions with protected species 

consistent with the Magnuson-Stevens 

Act, the ESA, the FEP, and 

implementing regulations. 

Comment 2: Several commenters 

expressed strong support for the 

proposed rule, noting benefits to both 

marine species and fishing industry 

participants. 

Response: We agree. Building from an 

industry-led initiative and 

recommendation from the Council, the 

Council and NMFS developed this rule 

to improve post-hooking survival of 

threatened oceanic whitetip sharks 


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while minimizing economic impacts to 

fishermen. Other species of sharks and 

protected species that are too large to be 

brought aboard fishing vessels to 

remove fishing gear are expected to 

benefit as well. The EA and RIR 

evaluated the economic impact of the 

rule and found the potential for an 

overall reduction in costs to fishermen 

for gear repair and replacement, and 

potential increase in catchability of 

target fish species like tuna. 

Comment 3: Several commenters 

suggested handling requirements should 

be extended to all species of sharks and 

rays that interact with longline fisheries, 

including specific mention of silky 

sharks. 

Response: This rule is specifically 

aimed at improving post-hooking 

survival of ESA-listed oceanic whitetip 

sharks incidentally hooked in these 

longline fisheries and we anticipate a 

more than 30 percent decrease in posthooking mortality of oceanic whitetip 

sharks as a result. Interactions with 

silky sharks are rare in FEP longline 

fisheries. NMFS estimates U.S. longline 

fisheries catch, on average, 0.8 percent 

or less of the total silky shark catch in 

the Western and Central Pacific Ocean 

(WCPO). The species is not listed under 

the ESA and the WCPO stock is not 

overfished, but it is experiencing 

overfishing. Consistent with 

requirements of the Magnuson-Stevens 

Act, the Council has made 

recommendations to the U.S. Secretary 

of State and the U.S. Congress for 

international actions that will end 

overfishing of silky sharks, taking into 

account the relative impact of vessels of 

the United States and other nations on 

the stock. Extending these handling 

regulations to all shark and ray species 

would exceed the purpose and need for 

the action, but we are optimistic that the 

ease of removing monofilament nylon 

leaders relative to wire leaders will 

result in less trailing gear on other 

sharks and other bycatch species, 

particularly animals that are too large to 

be brought onboard the vessel to 

facilitate release and gear removal. The 

regulated longline fisheries also 

currently adhere to international shark 

handling and release requirements of 

regional fisheries management 

organizations in the Pacific to which the 

United States is a member, including 

the Western and Central Pacific 

Fisheries Commission (WCPFC) and 

Inter-American Tropical Tuna 

Commission (IATTC). Federal fisheries 

are managed under a suite of 

requirements designed to reduce the 

likelihood and severity of effects of 

unintentional and incidental 

interactions with protected and other 

non-target species, and that allow 

monitoring of interactions. NMFS 

continually evaluates monitoring and 

scientific information to determine 

whether they change our understanding 

of the potential effects of our 

management decisions and prepares 

supplemental environmental analyses, 

as appropriate. 

Comment 4: Several commenters said 

all longline fisheries should stop using 

wire leaders, with one noting that 

because shark fishing is now illegal in 

Hawaii a prohibition on wire leaders is 

appropriate. 

Response: This rule is intended to 

prohibit the use of wire leaders in the 

Hawaii deep-set longline fishery. The 

Hawaii shallow-set and American 

Samoa longline fisheries do not use wire 

leaders and a prohibition is not 

currently necessary for these fisheries. 

We note that the longline fisheries 

covered by this rule fish outside Hawaii 

State waters in the Exclusive Economic 

Zone or Federal waters, generally 3–200 

nautical miles from shore, around 

American Samoa, Guam, the 

Commonwealth of the Northern Mariana 

Islands, Hawaii, the U.S. Pacific Remote 

Island Areas, and on adjacent high seas. 

Ending the use of wire leaders in the 

only U.S. Pacific longline fishery that 

uses this gear could serve as a model for 

regional fisheries management 

organizations, like the WCPFC and 

IATTC, to consider in bycatch 

management for longline fleets of all 

nations fishing in the Pacific Ocean. 

Comment 5: One commenter 

expressed support for the action to 

ensure a better survival rate of critically 

endangered species and to prevent 

pollution of the ocean. 

Response: Please see our response to 

Comments 1–3 above regarding 

expected improvements in post-hooking 

survival rates. When fishing, all 

longliners occasionally lose hooks, 

mainline, floats, float lines, and branch 

lines, which include hooks, lead 

weights, and leaders in the deep-set 

fishery. This derelict longline gear may 

impact marine benthic habitats, 

especially substrate such as corals if 

carried by currents to shallow depths. 

Fishermen do try to recover gear, and 

are normally successful. The floats used 

in the fishery are marked to be visible 

from distance, even at night. We do not 

expect this rule to change the frequency 

that gear is lost in FEP fisheries, so do 

not expect an increase in the amount of 

pollution. 

Comment 6: Many commenters noted 

that the prohibition of wire leaders will 

improve shark survival and safety for 

fishermen. 

Response: Please see our response to 

Comments 1–3 above regarding shark 

survival. Prohibiting wire leaders has 

the potential to decrease safety for 

fishermen because fly backs are more 

common when using the alternative 

monofilament nylon leaders. As noted 

in the EA, we are working with vessel 

owners and operators and the Hawaii 

Longline Association (HLA) to educate 

fishermen about the risks and how to 

minimize them, including training on 

construction and use of a reusable fly 

back prevention device from 

inexpensive materials readily available 

on longline vessels. 

Comment 7: One commenter noted 

the proposed rule does not support a 

prohibition on light sticks. 

Response: Existing regulations 

prohibit light sticks in the Hawaii deepset longline fishery and they are not the 

subject of this rule. 

Comment 8: A comment letter, signed 

by five organizations, supported EA 

alternative 3 that would prohibit wire 

leaders and require specific handling of 

oceanic whitetip sharks in all longline 

fisheries operating under the FEP for 

consistency, to ease enforcement, and to 

strengthen U.S. positions in 

international fishery negotiations. 

Response: As stated in EA section 

2.4.2 and described in our response to 

Comment 4 above, the Council’s 

recommendation for alternative 2 was 

based on the determination that a 

regulatory prohibition of wire leaders is 

not necessary in other FEP fisheries 

because wire leaders are only used in 

the Hawaii deep-set longline fishery. 

NMFS and the Council attempt to 

minimize unnecessary regulation and 

focus on achieving the stated purpose 

and need for any action. This rule as 

described in EA alternative 2, option B, 

meets the purpose and need. There are 

no consistency or enforcement concerns 

as all three fisheries already have a suite 

of regulations that are fishery specific. 

International adoption of wire leader 

prohibitions would be beneficial for 

threatened oceanic whitetip sharks and 

we hope this rule will help influence 

that; however, consistency in U.S. 

domestic regulations is not a 

prerequisite to development or adoption 

of U.S. positions or activities related to 

international fisheries management. 

Comment 9: A comment letter, signed 

by five organizations, recommended 

extending handling requirements to all 

shark species and adding requirements 

to keep all incidentally caught sharks in 

the water with water flowing over their 

gills, prohibit gaff use, and require the 

vessel operator to supervise crew during 

any shark handling. This commenter 

also recommended requiring annual 


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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 25155 

shark handling training for all 

crewmembers, and post a NMFSapproved placard with release 

procedures on all longline vessels. 

Rationales for these recommendations 

included the Magnuson-Stevens Act 

requirement to minimize bycatch 

mortality and consistency with shark 

handling guidelines from regional 

fisheries management organizations. 

Response: Regarding the 

recommendation to extend handling 

requirements to all shark species, see 

our response to Comment 3. Additional 

handling requirements such as those 

suggested were not recommended for 

this action. NMFS and the Council 

recognize the importance of training 

associated with implementation of this 

rule, particularly regarding crew safety. 

Owners and operators of longline 

vessels are required to annually attend 

a NMFS protected species workshop 

where handling requirements and 

recommendations are reviewed. Those 

workshops provide information to 

owners and operators to distribute to 

crews, including illustrated protected 

species handling guides in English, 

Indonesian, Vietnamese, and Tagalog 

(the languages most commonly spoken 

by fishermen in the FEP fisheries). The 

HLA also provides the same illustrated 

handling guides online. 

Comment 10: A comment letter, 

signed by five organizations, 

recommended additional gear 

requirements including a minimum 

depth requirement of 100 meters for 

hooks in the Hawaii deep-set longline 

fishery, the use of corrodible nonstainless circle hooks, and a circle hook 

requirement for the American Samoa 

longline fishery. The stated rationales 

for these recommendations included 

research that suggests removal of 

shallow hooks could nearly double the 

mortality rate reduction seen with the 

proposed rule, consistency with other 

U.S. fisheries, ease of enforcement, and 

strengthening U.S. positions in 

international fishery negotiations for the 

use of circle hooks in the American 

Samoa fishery and non-stainless hooks 

in all FEP fisheries. 

Response: Removal of shallow hooks 

was noted in EA section 2.5 as an 

alternative considered, but rejected from 

further analysis relative to the purpose 

and need for the action. Although 

simulation studies indicate that 

removing the shallowest hooks would 

reduce hooking rates of oceanic whitetip 

sharks, rationales for this rejection 

included difficulty to operationalize and 

enforce, uncertainty if the approach 

would work including lack of evidence 

of greater hook depth in the American 

Samoa longline fishery reducing oceanic 

whitetip shark interactions, and 

removing shallow hooks would be 

expected to reduce revenue in the 

Hawaii deep-set fishery by $11–13 

million annually. 

Non-stainless steel or corrodible 

hooks were also considered, but rejected 

from further analysis. As stated in EA 

section 2.5, rationales for this rejection 

included a lack of scientific evidence 

that hook corrosion would improve 

post-hooking survival and non-stainless 

steel hooks would need to be replaced 

more frequently, which could result in 

negative economic impacts on the 

fishery. 

Regulations to require circle hooks in 

the American Samoa longline fishery 

are unnecessary as circle hooks are 

already used in that fishery. As 

previously noted, NMFS and the 

Council seek to minimize unnecessary 

regulations and focus on the achieving 

the stated purpose and need for any 

action. 

Comment 11: A comment letter, 

signed by five organizations, 

recommended NMFS ensure that the 

rule does not negatively impact other 

species, including false killer whales 

and seabirds. Also recommended a 

minimum diameter of monofilament 

leaders to ensure that weak hooks for 

false killer whale protection still 

function properly and that 

monofilament leaders do not reduce the 

efficacy of weighted branch lines in 

avoiding interactions with seabirds. The 

stated rationales for these 

recommendations are that only 10 

percent of hooks in false killer whale 

interactions are straightening, and 

increasing seabird interactions since 

2004. 

Response: Monitoring of FEP longline 

fisheries will continue in the future, 

including mandatory catch logbooks, 

required vessel monitoring, and NMFS 

fishery observers. Interactions with 

protected species are tracked and 

reported quarterly. Changes in rates of 

protected species interactions are 

analyzed across years and can be used 

to address the efficacy of regulations to 

mitigate protected species interactions 

such as with false killer whales and 

seabirds. Starting in 2022, NMFS 

observers will collect additional 

information regarding elasmobranch 

(shark and ray) interactions, including 

handling methods and length of trailing 

gear. With respect to leader diameter, 

NMFS specifies regulations to mitigate 

false killer whale interactions at 50 CFR 

229.37 including minimum leader and 

branch line diameters and breaking 

strengths. 

Changes From the Proposed Rule 

The final rule contains no changes 

from the proposed rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

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

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

NMFS received no comments regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 665 

American Samoa, Endangered and 

threatened species, Fisheries, Fishing, 

Hawaii, Longline, Oceanic whitetip 

sharks, Pacific Islands, Release 

requirements, Western Pacific. 

Dated: April 22, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

665 as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for 50 CFR 

part 665 continues to read as follows: 

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

■ 2. In § 665.800 revise the definition of 

‘‘Deep-set or Deep-setting’’ to read as 

follows: 

§ 665.800 Definitions. 

* * * * * 

Deep-set or Deep-setting means the 

deployment of longline gear in a manner 

consistent with all the following 

criteria: All float lines are at least 20 

meters in length; a minimum of 15 

branch lines are attached between any 

two floats (except basket-style longline 

gear which may have as few as 10 


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25156 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 

branch lines between any two floats); no 

metal wire line within 1 meter of the 

hook; and no light sticks are used. As 

used in this definition, ‘‘float line’’ 

means a line used to suspend the main 

longline beneath a float, and ‘‘light 

stick’’ means any type of light emitting 

device, including any fluorescent ‘‘glow 

bead,’’ chemical, or electrically-powered 

light that is affixed underwater to the 

longline gear. 

* * * * * 

■ 3. In § 665.802 add paragraphs (gg) 

and (hh) to read as follows: 

§ 665.802 Prohibitions. 

* * * * * 

(gg) Use or have on board longline 

gear with metal wire line within 1 meter 

of the hook when operating a vessel 

registered for use under a longline 

permit issued under § 665.801(b) at any 

time during a trip for which notification 

to NMFS under § 665.803(a) indicated 

that deep-setting would be done, in 

violation of § 665.813(d). 

(hh) Fail to handle and release an 

oceanic whitetip shark in accordance 

with the requirements set forth at 

§ 665.811(a) when operating a vessel 

registered for use under any longline 

permit issued under § 665.801, in 

violation of § 665.811. 

* * * * * 

■ 4. Add § 665.811 to read as follows: 

§ 665.811 Handling and release of oceanic 

whitetip sharks. 

(a) The owner and operator of a vessel 

registered for use under any longline 

permit issued under § 665.801 must 

release any oceanic whitetip shark as 

soon as possible after the shark is caught 

and brought alongside the vessel, in 

accordance with 50 CFR 300.226, and 

must take the following actions: 

(1) Leave the animal in the water; 

(2) Use a dehooker, as defined in 

§ 665.812(a)(7), or line clippers, as 

defined in § 665.812(a)(5), to remove 

trailing gear from the animal. 

(3) When using line clippers, the 

branch line must be cut as close to the 

hook as possible. 

(b) Paragraph (a) of this section does 

not apply if doing so would compromise 

the safety of any persons or a WCPFC 

observer collects, or requests assistance 

collecting, samples of oceanic whitetip 

shark in the Convention Area, as 

defined in § 300.211 of this title and in 

accordance with 50 CFR 300.226. 

■ 5. In § 665.813 revise paragraph (d) to 

read as follows: 

§ 665.813 Western Pacific longline fishing 

restrictions. 

* * * * * 

(d) Vessels registered for use under a 

Hawaii longline limited access permit 

may not have on board at any time 

during a trip for which notification to 

NMFS under § 665.803(a) indicated that 

deep-setting would be done any float 

lines less than 20 meters in length, 

longline gear with metal wire line 

within 1 meter of the hook, or light 

sticks. As used in this paragraph ‘‘float 

line’’ means a line used to suspend the 

main longline beneath a float, and ‘‘light 

stick’’ means any type of light emitting 

device, including any fluorescent ‘‘glow 

bead,’’ chemical, or electrically powered 

light that is affixed underwater to the 

longline gear. 

* * * * * 

[FR Doc. 2022–09052 Filed 4–27–22; 8:45 am] 

BILLING CODE 3510–22–P 


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