[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Notices]
[Pages 12764-12766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4894]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022000C]


National Plan of Action for the Reduction of Incidental Catch of 
Seabirds in Longline Fisheries

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

ACTION: Notice of availability; response to public comments.

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SUMMARY: NMFS announces the availability of the National Plan of Action 
for the Reduction of Incidental Catch of Seabirds in Longline Fisheries 
(NPOA-S). NMFS also responds to public comments received on the draft 
NPOA-S.

DATES: The final version of the NPOA-S is now in effect and available 
on the NMFS web site (http://www.nmfs.gov). Hard copies of the document 
are available upon request (see ADDRESSES).

ADDRESSES: Requests for hard copies of the NPOA-S should be sent to 
Steve Leathery, NOAA-Fisheries/SF3, Room 14434, 1315 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Steve Leathery, 301-713-2341, or fax 
301-713-1193.

SUPPLEMENTARY INFORMATION: The United States developed an NPOA-S 
through a collaborative effort between NMFS, the U.S. Department of 
State (DOS), and the U.S. Fish & Wildlife Service (FWS), pursuant to 
the International Plan of Action for the Reduction of Incidental Catch 
of Seabirds in Longline Fisheries (IPOA-S) that was adopted by the 
United Nations Food and Agriculture Organization Committee on Fisheries 
(COFI) in February 1999. The United States will report to COFI by 
February, 2001, on NPOA-S development and implementation.
    An outline describing the proposed structure of the draft NPOA-S 
was published in the Federal Register on September 9, 1999 (64 FR 
48987). The draft NPOA-S was released for public review and comment on 
December 29, 1999 (64 FR 73017), and the public comment period was 
subsequently extended through February 7, 2000.

Comments and Responses

    NMFS received 10 written public comments and held one public 
meeting during the development of the NPOA-S. NMFS considered all 
comments received on the draft NPOA-S when drafting the final version 
of the NPOA-S.
    Comment 1: The draft NPOA-S does not fulfill the responsibilities 
outlined in the IPOA-S and compromises U.S. leadership in international 
negotiations on reducing seabird bycatch in longline fisheries.
    Response: The IPOA-S is a voluntary measure that calls on member 
states to assess their longline fisheries and, if a seabird bycatch 
problem is determined to exist, to develop an NPOA-S to reduce seabird 
bycatch within 2 years. NMFS has conducted a preliminary review of 
seabird bycatch in U.S. longline fisheries and has determined that a 
seabird bycatch problem exists in several U.S. longline fisheries, 
including Hawaii-based pelagic longline fisheries and Alaska halibut 
and groundfish demersal longline fisheries. Consistent with this NPOA-
S, seabird bycatch regulations are in place for Alaska longline 
fisheries and under development for Hawaii longline fisheries, and 
research is underway in Alaska and Hawaii longline fisheries to 
determine the effectiveness of seabird bycatch measures and to improve 
those measures.
    NMFS, FWS, and DOS developed this NPOA-S to provide policy guidance 
to reduce seabird bycatch in those longline fisheries where a problem 
is already known to exist and to assess all other U.S. longline 
fisheries within 2 years to determine whether a seabird bycatch problem 
exists. If a seabird bycatch problem is found to exist, a fishery-
specific plan should be developed within 1 year that would implement 
seabird bycatch mitigation measures in that fishery within 2 years.
    Although incidental (i.e., unintended) catch of seabirds in 
longline fisheries is often termed ``bycatch,'' the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), which 
is the primary law covering management of marine fishery resources in 
U.S. waters, specifically excludes seabirds from the definition of 
``fish'' and, therefore, bycatch. Unless certain requirements under the 
Endangered Species Act are involved, the Magnuson-Stevens Act does not 
require implementation of measures to reduce incidental catch of 
seabirds. However, the Magnuson-Stevens Act authorizes implementation 
of fishery management measures designed to protect the marine 
environment from the effects of fishing activities.
    In order to strengthen NMFS' ability to effectively implement 
seabird conservation measures in U.S. fisheries, NMFS is supporting an 
amendment to the Magnuson-Stevens Act that would change the definition 
of bycatch to include seabirds and would require fishery management 
plans to specifically address seabird bycatch. For the purpose of the 
NPOA-S, the term ``bycatch'' is used for incidental seabird catch, and 
the term ``seabird'' refers to those bird species that habitually 
obtain their food from the sea below the low water mark.
    NMFS believes that the final NPOA-S demonstrates strong U.S. 
leadership on this important international seabird conservation issue. 
The United States already has seabird bycatch mitigation regulations in 
place for all Alaska longline fisheries and under consideration for 
implementation in Hawaii longline fisheries. Additionally, the United 
States is likely to be one of the first COFI members to complete an 
NPOA-S, which calls on the United States to further advance the IPOA-S 
at future international fisheries management fora.
    Comment 2: The draft NPOA-S does not contain any seabird bycatch 
reduction guidelines or performance standards.
    Response: The final NPOA-S provides policy guidance to the Regional 
Fishery Management Councils (Councils) and the NMFS Regions to assess 
all U.S. longline fisheries within the next 2 years to determine if a 
seabird bycatch problem exists beyond what was determined in the 
preliminary

[[Page 12765]]

assessment. If a seabird bycatch problem is found to exist, a fishery-
specific plan should be developed within 1 year that would implement 
seabird bycatch mitigation measures in that fishery within 2 years.
    Additionally, NMFS has proposed an amendment to the Magnuson-
Stevens Act that would include seabirds in the bycatch definition and 
thus require that fishery conservation and management measures, to the 
extent practicable, minimize seabird bycatch and to the extent that 
seabird bycatch cannot be avoided, minimize the mortality of such 
bycatch.
    NMFS believes that individual longline fishery interactions with 
seabirds constitute unique situations that require development of 
fishery-specific seabird bycatch mitigation measures. It is not 
possible to state explicit seabird bycatch reduction standards for 
individual fisheries or for the nation as a whole. The NPOA-S 
recommends that additional data should be collected on seabird-fishery 
interactions in all U.S. longline fisheries in order to assess seabird 
bycatch and determine the effectiveness of seabird bycatch mitigation 
measures.
    Comment 3: The NPOA-S should contain a well-defined schedule for 
seabird bycatch assessments and for implementing seabird protection 
measures.
    Response: NMFS agrees. In response to this comment, the final 
version of the NPOA-S contains a more detailed implementation schedule. 
Within a year, and each subsequent year, the Councils and NMFS Regions 
will jointly prepare annual implementation reports. Within 2 years, 
assessments of all the U.S. longline fisheries should be completed; if 
a seabird bycatch problem is found to exist, a fishery-specific plan 
should be established within 1 year that would implement seabird 
bycatch mitigation measures in that fishery within 2 years.
    NMFS and FWS will assume joint responsibility for preparing a 
biennial report to COFI on the NPOA-S. Implementation of the NPOA-S 
will be assessed every 4 years by NMFS and FWS to evaluate progress to 
date, prioritize future actions, and identify cost-effective strategies 
for increasing the plan's effectiveness.
    Comment 4: The NPOA-S should state the explicit goal of eliminating 
seabird bycatch in U.S. longline fisheries.
    Response: NMFS disagrees. Such a perspective represents a change of 
national and international policy on fishery bycatch issues. NMFS 
believes that the focus of the NPOA-S should be on reducing seabird 
bycatch to the maximum extent practicable.
    Comment 5: The draft NPOA-S advocates a regional approach to 
reducing seabird bycatch in U.S. longline fisheries. Such an approach 
without required actions will not effectively reduce seabird bycatch.
    Response: Addressing seabird bycatch at the regional level is 
consistent with the IPOA-S and calls on the Councils to recommend 
seabird bycatch mitigation measures that are tailored to individual 
longline fisheries and that would be incorporated in regulations. NMFS 
will use these regionally based Council recommendations to take action 
to require fishery management measures that effectively reduce seabird 
bycatch.
    Comment 6: There should be national-level coordination and 
oversight to ensure consistent and effective regional implementation of 
the NPOA-S.
    Response: NMFS agrees. NMFS and FWS will continue to work in close 
partnership and with the DOS through the activities of the Interagency 
Seabird Working Group (ISWG) to accomplish the goals of the NPOA-S, 
including consistent and effective regional implementation of the NPOA-
S. The ISWG was formed in February, 1999 for the express purpose of 
drafting the NPOA-S based on the IPOA-S guidelines. This working group 
was composed of members from NMFS, FWS, and DOS, many of whom served on 
a similar U.S. working group during development of the IPOA-S.
    Several commenters suggested continuing the ISWG in varying 
capacities during NPOA-S implementation. NMFS agrees that the ISWG has 
continuing value as a resource for helping ensure consistent and 
effective regional implementation of the NPOA-S, for helping prepare a 
biennial report to COFI on the NPOA-S, and for helping assess 
implementation of the NPOA-S every 4 years to evaluate progress to 
date, prioritize future actions, and identify cost-effective strategies 
for increasing its effectiveness. However, the ISWG will not function 
as a certifying body for fishery management measures, as some 
commenters have suggested, and ISWG membership will be limited to NMFS, 
FWS, and DOS staff.
    NMFS has assigned coordination and oversight responsibility to the 
Domestic Fisheries Division of the Office of Sustainable Fisheries 
(Sustainable Fisheries) to help ensure consistent and effective 
regional implementation of the NPOA-S. All Council-developed fishery 
management actions are submitted to Sustainable Fisheries for review, 
and are implemented under authority of the Secretary of Commerce.
    Comment 7: The draft NPOA-S does not state the need for additional 
funding and does not identify specific research goals or projects.
    Response: The final NPOA-S suggests that there should be research 
into developing effective, fishery-specific seabird bycatch mitigation 
measures. In addition to regional assessments of seabird/longline 
interactions, the NPOA-S emphasizes the importance of increased NMFS 
observer coverage and additional observer training on seabird 
identification. The NPOA-S also emphasizes continued cooperation 
between FWS and NMFS on seabird bycatch mitigation issues, including 
assessment of existing seabird bycatch mitigation measures and research 
and development of new measures.
    NMFS acknowledges that assessing seabird bycatch and researching 
the effectiveness of mitigation measures is costly, and that the final 
NPOA-S includes ambitious objectives and goals. Additional funding 
required for implementing the final NPOA-S needs to be addressed by the 
individual management entities. NMFS has historically not received 
sufficient appropriated funds to monitor seabird bycatch in all U.S. 
longline fisheries. The cost of previous seabird bycatch mitigation 
research studies ranged between $150,000 and $227,000. NMFS further 
acknowledges that cooperation with the fishing industry led to the use 
of commercial longline vessels in seabird mitigation research studies, 
which resulted in significant cost savings. NMFS will use the final 
NPOA-S as guidance in its strategic planning and budget processes.
    Assessment of seabird bycatch via fishery observer programs is also 
expensive, with variable costs relating to the degree of necessary 
program development (i.e., creation of a new program or modification of 
an existing program), and whether industry shares costs or fully funds 
individual longline observer programs. Agency costs for observer 
programs have ranged from several hundred thousand to several million 
dollars annually.
    Comment 8: The draft NPOA-S does not state or impose regulations 
requiring the use of seabird bycatch mitigating measures, even in those 
longline fisheries where a seabird bycatch problem is known to already 
exist.
    Response: NMFS agrees. The Magnuson-Stevens Act provides the 
authority for managing fishery resources in the United States. Fishery 
management plans (FMPs) are developed by the Councils, in

[[Page 12766]]

consultation with NMFS, and are implemented by regulations promulgated 
under the authority of the Secretary of Commerce. Public participation 
is an important part of the Council process, where a wide variety of 
viewpoints are considered when developing FMPs and FMP amendments.
    NMFS considers the NPOA-S to be a clear statement of policy that 
provides guidance to the Councils and NMFS Regions to conduct seabird 
bycatch assessments and reduce seabird bycatch in U.S. longline 
fisheries. In those U.S. longline fisheries where seabird bycatch 
problems are already known to exist, including Alaska groundfish and 
halibut demersal longline fisheries and Hawaii pelagic longline 
fisheries, seabird bycatch regulations are already in place, are 
undergoing further refinement, or are under development. NMFS considers 
it inappropriate to include regulations in the NPOA-S that were not 
developed through the Council process.
    NMFS notes, however, that the final NPOA-S does call on the 
Councils, in partnership with NMFS, to prescribe appropriate and 
effective mitigation measures and to develop regulations if a seabird 
bycatch problem exists. Additionally, the NPOA-S provides guidance to 
the Councils and NMFS to consider all existing information in 
determining whether development of precautionary seabird bycatch 
mitigation measures is warranted, even prior to completing formal 
seabird bycatch assessments. Such an approach is consistent with U.S. 
marine fisheries policy on using the precautionary approach for 
developing fisheries management actions in the face of scientific 
uncertainty.
    Comment 9: The draft NPOA-S does not contain specific guidelines 
for education, outreach, and training on the seabird bycatch issues.
    Response: NMFS considers outreach and education to be of utmost 
importance. The final NPOA-S states that the Councils and NMFS should 
engage longline fishermen in education and outreach activities that 
will increase awareness of seabird bycatch issues and the importance of 
employing seabird bycatch mitigation measures.

Changes from the Proposed NPOA-S

    NMFS made a number of changes in the final NPOA-S pursuant to 
public comments that were submitted on the draft NPOA-S. The final 
NPOA-S requires that seabird bycatch be reduced to the maximum extent 
practicable. The final NPOA-S provides a time line for Council and NMFS 
action when a seabird bycatch problem is found to exist, and requires 
that a fishery-specific plan be established within 1 year to develop 
seabird bycatch mitigation measures in that fishery within 2 years. The 
final NPOA-S also calls for additional NMFS observer training in 
seabird identification, cooperative research between the longline 
fishing industry and seabird scientists, and coordination of U.S. 
research with international research efforts to reduce seabird bycatch. 
The section describing efforts that should be taken by the United 
States to encourage other nations to develop individual NPOA-S is 
expanded. The annual report describing seabird bycatch research and 
mitigation efforts is explained in greater detail. Finally, Executive 
Order 13186, ``Responsibilities of Federal Agencies to Protect 
Migratory Birds,'' is addressed.

    Dated: February 22, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-4894 Filed 2-27-01; 8:45 am]
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