[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Notices]
[Pages 450-454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6290]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD57


Atlantic Highly Migratory Species; Pelagic Longline Research

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability.

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SUMMARY: NMFS announces the availability of a Final Environmental 
Assessment (EA) and a final decision to issue an Exempted Fishing 
Permit (EFP) to conduct research in portions of the East Florida Coast 
(EFC) and Charleston Bump closed areas using a limited number of 
pelagic longline (PLL) vessels. Given the nearly rebuilt status of 
north Atlantic swordfish (B = 0.99B<INF>MSY</INF>) and bycatch 
reduction measures that were implemented throughout the U.S. PLL 
fishery in 2004, NMFS is authorizing the collection of baseline PLL 
fishery data in the closed areas to evaluate the effectiveness of 
existing bycatch reduction measures. The Final EA analyzes monthly and 
annual PLL logbook and pelagic observer program (POP) data on catch and 
bycatch rates of all species in the proposed research area from 1995-
2000 to determine potential impacts of the research programfishery on 
target and non-target species. The Final EA includes additional 
analyses of catch rates for all species based on 18/0 circle hooks. 
NMFS will require the use of 18/0 non-offset circle hooks in the 
research project to minimize bycatch and bycatch mortality and 100 
percent observer coverage to ensure scientific rigor.

FOR FURTHER INFORMATION CONTACT: Russell Dunn, 727-824-5399; fax: 727-
824-5398, or Chris Rilling 301-713-2347; fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: By issuing the EFP, NMFS authorizes a 
limited number of vessels (three are authorized, but only two vessels 
will fish at any given time and one vessel is designated as a backup 
vessels if breakdowns occur) to conduct research in portions of the EFC 
and Charleston Bump closed areas (Figure 1). The latitude and longitude 
coordinates of the proposed research area are provided in Table 1. In 
the EFC closed area, the proposed research area would be north of Fort 
Pierce, FL, beginning at 28 degrees north latitude and proceeding 
north, seaward of the axis of the Gulf Stream, to the northern boundary 
of the EFC closed area at 31[deg] N. lat. In the Charleston Bump, the 
proposed research area would be north of 31 degrees north latitude and 
following the 200-meter isobath (approximately 100 fathom contour) to 
the northern and eastern boundaries of the Charleston Bump closed area. 
The two areas are hereafter referred to collectively as the proposed 
research area. NMFS closed the EFC and Charleston Bump closed areas to 
PLL gear in early 2001 to reduce bycatch of juvenile swordfish, 
billfish, and other Highly Migratory Species (HMS) (65 FR 47214, August 
1, 2000). The Charleston Bump closed area is a seasonal closure from 
February through April every year, whereas the EFC closed area is 
closed year-round to PLL gear. Since that time, the swordfish stock has 
been nearly rebuilt, and new bycatch reduction measures have been 
implemented throughout the PLL fishery (e.g., circle

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hook requirements, bait requirements, bycatch release gear, and careful 
handling and release workshops). No PLL fishing has been authorized in 
the closed areas since 2001, and NMFS has not collected information on 
the effectiveness of current bycatch reduction measures in closed areas 
where bycatch rates may be higher than in other areas. NMFS thus would 
collect information under scientifically rigorous protocols to 
determine the effectiveness of bycatch reduction measures in these 
closed areas. This information will assist NMFS in making appropriate 
management decisions regarding the effectiveness of existing closed 
areas and the effectiveness of current bycatch reduction measures.
    NMFS authorizes a total of 289 sets distributed equally inside and 
outside the proposed research area over a 12 month period beginning in 
late 2007 or early 2008. Each set would consist of 500 18/0 non-offset 
circle hooks with whole dead finfish bait and/or squid bait. Vessels 
would be subject to 100 percent observer coverage, and observers or 
research staff would collect data that includes, but is not limited to, 
catch per unit effort (CPUE) for target and bycatch species; discard 
rates; interaction rates with protected species; size of target 
species; hooking location; mortality at haul back; bycatch mortality; 
and if possible, an evaluation of the condition of fish at haul back to 
allow post-release mortality estimates.
    All targeted catch (tunas, swordfish, and sharks) that can be 
legally landed could be harvested and sold by the vessel owners. No 
other compensation will be provided to the vessels. Anyll protected 
speciesbycatch which are incidentally interacted with will be released 
using NMFS-approved dehooking equipment and appropriate safe handling 
and release protocols. All live bycatch will be released in a manner 
that maximizes survival, in accordance with existing regulations. 
Incidental catch of bluefin tuna would be landed consistent with 
existing regulations. Any mortalities of Atlantic Tunas Convention Act 
(ATCA) regulated species (i.e., tunas and swordfish) and sharks that 
could be legally landed would be counted against the appropriate 
quotas. Non-target species and protected resources would be tagged and 
released alive, consistent with requirements of the Terms and 
Conditions of the 2004 Biological Opinion issued for the fishery.
    NMFS received a number of comments on the Draft EA including, but 
not limited to, comments on bycatch levels, impacts on target and non-
target species, study methodology, and socio-economic impacts. The 
responses to comments are included in Appendix A in the Final EA, and 
are not repeated here. Based on the public comment received, NMFS 
improved and expanded the environmental analyses. In the Final EA, the 
Agency included an additional set of catch and bycatch estimates based 
on circle hook data which were not included in the Draft EA. Thus, NMFS 
has analyzed a range of potential impacts ranging from the worst case 
scenario using pre-closure J-hook data, to more conservative estimates 
based on 18/0 circle hook data. The additional analyses with 18/0 
circle hook data further support the conclusion that the anticipated 
ecological impacts of the research fishery on target and non-target 
species are expected to be minor. For example, based on 18/0 circle 
hooks with a 10 degree offset (POP data 2004-2005), NMFS estimates 
that, under the preferred alternative, two white marlin will be 
discarded alive and five discarded dead, and two blue marlin will be 
discarded alive and two discarded dead. For sea turtles, two 
leatherback and one loggerhead sea turtle interactions are predicted to 
occur based on the 18/0 circle hooks with 10 degree offset. For marine 
mammals, only three interactions occurred in the proposed research area 
from 1995-2000. They included one pilot whale, one Risso's dolphin, and 
one spinner dolphin. Although eleven interactions were reported from 
1993-2005 in the Florida East Coast (FEC) and South Atlantic Bight 
(SAB) statistical sampling areas, only three of those interactions 
occurred in the proposed research area. NMFS anticipates few 
interactions with marine mammals due to the location of the research 
fishery and the limited amount of fishing effort that is part of this 
pilot research project, particularly in comparison to past fishing 
effort in the area. Fewer than 10 bluefin tuna interactions are 
expected to occur, and the bulk of the catch will be comprised of 
swordfish and yellowfin tuna, with an predicted 870 swordfish retained, 
373 discarded alive, and 145 potentially discarded dead, and 346 
yellowfin retained, 49 discarded dead, and 27 discarded alive based on 
18/0 circle hook data.
    Projections based on data from 1995-2000 were used to analyze the 
worst case scenario (i.e., use of pre-closure J-hook data from the POP 
1995-2000). Based on that data, NMFS predicts at most two interactions 
with leatherback sea turtles and six interactions with loggerhead sea 
turtles are predicted to occur in the proposed research area. Given the 
significantly lower interaction and mortality rates of sea turtles with 
18/0 circle hooks, this action is not expected to significantly 
increase fishery interactions with, or mortalities of, sea turtles. The 
predicted interactions would not cause the Incidental Take Statement 
(ITS) in the 2004 Biological Opinion for the PLL fishery to be exceeded 
and would not be likely to jeopardize the continued existence of sea 
turtles. Incidental takes of, or interactions with, protected species 
that are listed as threatened or endangered under the Endangered 
Species Act taking place under the research fishery would be counted 
against the authorized incidental take levels specified in the 2004 ITS 
in the Biological Opinion for the PLL fishery.
    In addition to sea turtles, the Final EA includes similar analyses 
of PLL and POP data from 1995-2000 pre-closure J-hook data, as well as 
18/0 circle hook data, on catch rates, live and dead discard rates, and 
retained numbers of swordfish, bluefin, yellowfin, and bigeye tunas, 
blue and white marlin, sailfish, spearfish, large coastal sharks, 
pelagic sharks, sandbar sharks, and dusky sharks. Based on the worst 
case scenario from the POP data, and applying predicted fishing effort 
in the research fishery to pre-closure J-hook catch rates, an estimated 
1,083 swordfish are predicted to be retained, 973 discarded alive, and 
360 discarded dead; zero (0) bluefin tuna are predicted to be caught or 
discarded; nine white marlin are predicted to be discarded alive and 13 
dead; 10 blue marlin are predicted to be discarded alive and 14 dead; 
113 large coastal sharks are predicted to be kept; 124 discarded alive, 
and 50 discarded dead (depending upon available quota); and 21 pelagic 
sharks are predicted to be kept, 81 discarded alive, and 11 discarded 
dead (depending upon available quota). Given the known and anticipated 
mortality reduction benefits of circle hooks for Atlantic HMS relative 
to J-hooks, the estimates above are likely over-estimates. As a result, 
this action is not expected to significantly increase the retention or 
bycatch of HMS.
    All fishing activities would be monitored by Federal fisheries 
observers or NMFS trained research staff to provide data on longline 
gear configuration; target and incidental catch; bycatch of billfish, 
juvenile swordfish, and bluefin tuna; and sea turtle interactions. NMFS 
currently collects this information on selected PLL vessels through the 
POP.
    Even though research effort necessarily will result in an increase 
in fishing effort (from complete closure to

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limited scientific access) an increase in fishing effort across the 
entire fishery is not anticipated because vessels participating in the 
research fishery would have otherwise been fishing commercially for HMS 
in other, open areas.
    The regulations that prohibit the proposed activities absent 
issuance of an EFP include requirements for vessel reporting (50 CFR 
635.4) and fishing in a closed area (50 CFR 635.21(c)(2)).
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[GRAPHIC] [TIFF OMITTED] TN03JA08.047


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  Table 1. Coordinates of the proposed research area (preferred alternative 3) shown in Figure 1 beginning with
                     location number 1 and proceeding clockwise through location number 12.
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                                       N. Latitude                                   W. Longitude
       Point        --------------------------------------------------------------------------------------------
                         Degrees         Minutes         Seconds        Degrees        Minutes        Seconds
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1                    34              0               0               76             0              0
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2                    31              0               0               76             0              0
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3                    31              0               0               78             0              0
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4                    28              17              6.9             79             11             54.5
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5                    28              0               0               79             23             47.9
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6                    28              0               0               79             40             0
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7                    31              0               0               79             40             0
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8                    31              0               0               79             54             38.9
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9                    31              47              7.2             78             21             50.5
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10                   32              29              12.1            78             40             21.0
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11                   33              5               35.8            77             27             15.7
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12                   34              0               0               76             15             26.5
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All other relevant regulations concerning HMS at 50 CFR part 635 would 
apply.

    Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    Dated: December 21, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-6290 Filed 1-2-08; 8:45 am]
BILLING CODE 3510-22-S