Proposed Rule2022-00910
Pacific Island Fisheries; Pelagic Longline Gear and Operational Requirements
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Published
January 19, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to prohibit the use of wire leaders in the Hawaii deep-set longline fishery, and require the removal of fishing gear from any oceanic whitetip shark caught in all of the region's domestic longline fisheries. The proposed action is intended to increase post-hooking survival of oceanic whitetip sharks.
Full Text
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<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
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[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Proposed Rules]
[Pages 2742-2745]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00910]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 220111-0010]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to prohibit the use of wire leaders in the
Hawaii deep-set longline fishery, and require the removal of fishing
gear from any oceanic whitetip shark caught in all of the region's
domestic longline fisheries. The proposed action is intended to
increase post-hooking survival of oceanic whitetip sharks.
DATES: NMFS must receive comments by February 18, 2022.
ADDRESSES: You may submit comments on this proposed rule, identified by
NOAA-NMFS-2021-0099, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
enter NOAA-NMFS-2021-0099 in the Search box, click the ``Comment''
icon, complete the required fields, and enter or attach your comments.
<bullet> Mail: Send written comments to Michael D. Tosatto,
Regional Administrator, NMFS Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
Instructions: NMFS may not consider comments sent by any other
method, to any other address or individual, or received after the end
of the comment period. All comments received are a part of the public
record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
The Western Pacific Fishery Management Council (Council) and NMFS
prepared a draft environmental
[[Page 2743]]
assessment (EA) and regulatory impact review that supports this
proposed rule. The draft EA is available at <a href="http://www.regulations.gov">www.regulations.gov</a>, or
from the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel
808-522-8220, or <a href="http://www.wpcouncil.org">www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: David O'Brien, PIRO Sustainable
Fisheries, 808-725-5038.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Hawaii
(shallow-set and deep-set), America Samoa, and general western Pacific
longline fisheries under the Fishery Ecosystem Plan for Pelagic
Fisheries of the Western Pacific (FEP) and implementing Federal
regulations. These fisheries occasionally catch oceanic whitetip sharks
(Carcharhinus longimanus), which NMFS listed as threatened under the
Endangered Species Act on January 30, 2018 (83 FR 4153). To improve the
survival of oceanic whitetip sharks caught unintentionally in the
Hawaii deep-set fishery, this proposed rule would prohibit the use of
steel wire line, known as wire leaders, within 1 meter of the hook. To
improve the survival of oceanic whitetip sharks caught unintentionally
in all of the region's longline fisheries, this proposed rule would
also require fishermen to remove fishing gear from any oceanic whitetip
shark caught, with limited exceptions related to safety and data
collection. Prohibiting wire leaders may also result in reductions in
adverse effects to other protected species.
Prior to 2021, most vessels in the Hawaii deep-set fishery used
wire leaders in the terminal portion of the fishing line between the
hook and a weight that must be placed within 1 meter of the hook (see
50 CFR 665.815(a)(1)). The weight is typically in the form of a swivel,
and helps to sink the hook quickly to reduce interactions with
seabirds.
The wire leader also reduces the risk of crew injuries resulting
from ``fly backs.'' Fly backs may occur when retrieving fishing gear
(hauling) if the line under tension parts, either by breaking or being
bitten through, between the hook and the weighted swivel or is thrown
from a fish. In these cases, the weighted swivel flies back toward the
vessel at high speed and there have been documented severe injuries and
deaths of crewmembers. The use of wire leaders between the hook and the
weight reduces the chance that the leader would part and fly back
toward the vessel when crew are hauling the gear.
Although they reduce fly backs, wire leaders reduce the chances
that sharks may bite off the line and release themselves before the
crew retrieve the gear. We expect sharks that release themselves before
the gear is retrieved to have reduced mortality relative to sharks that
are released after being brought to the vessel. In addition, wire
leaders make it difficult to remove fishing gear from sharks or other
protected species that are too large to bring on board the vessel to
remove the gear. Because it is difficult to cut the wire leader from
deck height, fishermen typically cut the line closer to the vessel than
the weighted swivel. This practice leaves the hook, wire leader,
weighted swivel, and some amount of monofilament fishing line
(collectively, trailing gear) attached to a released animal. Long
trailing gear reduces survivorship of sharks and other released
animals. Because monofilament nylon leaders are easier to cut from deck
height, they can facilitate removal of trailing gear below the weighted
swivel and close to the hook when releasing animals that are too large
to bring on board.
To reduce impacts on oceanic whitetip sharks in the Hawaii deep-set
fishery, the Hawaii Longline Association (HLA) announced in late 2020
that its members, comprising more than 90 percent of the Hawaii deep-
set longline fleet of approximately 146 active vessels, would
voluntarily switch from wire to monofilament leaders. At its June 2021
meeting, the Council recommended that wire leaders be prohibited in the
Hawaii deep-set fishery, along with the recommendation to remove
trailing gear. These recommendations were intended to ensure that all
fishermen in the fleet stop using wire leaders and minimize the amount
of trailing gear on oceanic whitetip sharks. NMFS estimates that these
proposed requirements would reduce mortality of oceanic whitetip sharks
hooked in the Hawaii deep-set fishery by approximately 30 percent due
to a combination of higher post-hooking survival via bite-offs and
reductions in trailing gear remaining on released animals. This
proposed action would be implemented in conjunction with HLA outreach
to fishery participants and NMFS protected species workshops to address
safety concerns associated with gear fly back.
Pursuant to the Council's recommendations, NMFS proposes to
prohibit wire leaders within 1 meter of each hook on Hawaii deep-set
vessels. NMFS also proposes to require vessel owners, operators and
crew on vessels registered for use under any of the region's longline
permits to release oceanic whitetip sharks with minimal trailing gear,
with limited exceptions for safety and data collection. This proposed
rule and any related handling guidelines would be consistent with
Western and Central Pacific Fisheries Commission best handling
practices for these sharks (see <a href="https://www.wcpfc.int/doc/supplcmm-2010-07/best-handling-practices-safe-release-sharks-other-whale-sharks-and">https://www.wcpfc.int/doc/supplcmm-2010-07/best-handling-practices-safe-release-sharks-other-whale-sharks-and</a>), and NMFS regulations at 50 CFR 300.226.
NMFS will consider public comments on this proposed rule and will
announce the final rule in the Federal Register. NMFS must receive
comments on this proposed action by the date provided in the DATES
heading. NMFS may not consider comments postmarked or otherwise
transmitted after that date. Regardless of the final rule, all other
existing management measures would continue to apply in the longline
fisheries.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the FEP, other provisions of the Magnuson-Stevens Act,
and other applicable law, subject to further consideration after public
comment.
Certification of Finding of No Significant Impact on Substantial Number
of Small Entities
The Chief Counsel for Regulation for the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed action would prohibit the use of wire leaders in the
Hawaii deep-set longline fishery, and would require the removal of
fishing gear from any oceanic whitetip shark caught in all of the
region's domestic longline fisheries (Hawaii deep-set and shallow-set,
American Samoa, and others).
The action would apply to vessels with Hawaii longline limited
entry permits (164) and American Samoa limited entry permits (60).
There has been no longline fishing in Guam or the Northern Mariana
Islands since 2011. In 2020, 146 vessels participated in the Hawaii
deep-set longline fishery, with annual fleet revenues of $71.5 million
and average annual per-vessel revenues of $489,730. In 2020, 14 vessels
participated in the Hawaii shallow-set
[[Page 2744]]
fishery, with annual fleet revenues of $1.3 million and average annual
per-vessel revenues of $92,357. In 2020, 11 vessels participated in the
American Samoa fishery, with annual fleet revenues of $2.1 million, and
average per-vessel revenues of $191,000.
NMFS listed oceanic whitetip sharks as threatened under the
Endangered Species Act on January 30, 2018 (83 FR 4153). The proposed
management measures are designed to improve post-hooking survival of
oceanic whitetip sharks in the longline fisheries. In December 2020,
the HLA announced that its members, comprising most of the Hawaii deep-
set longline fleet, would voluntarily switch from wire leaders to
monofilament leaders in 2021. This proposed action would encourage the
entire Hawaii deep-set longline fleet to transition to monofilament
leaders, currently the only viable alternative to wire. It would also
require that all longline fishermen operating vessels under the FEP
follow specific steps in removing trailing gear, as practicable, to
further enhance post-hooking survival of oceanic whitetip sharks. These
proposed requirements are expected to reduce mortality of oceanic
whitetip sharks due to a combination of higher post-hooking survival
via bite-offs and reductions in the length of trailing gear remaining
on released animals.
Most vessels in the Hawaii deep-set longline fishery had, until
recently, used wire leaders to prevent potential gear fly backs and
associated injury from weighted branch lines required for this fishery
as a seabird mitigation measure. With the prohibition on the use of
wire leaders under the proposed action, longline vessels are most
likely to transition to monofilament nylon as it is the most common
alternative leader material in pelagic longline fisheries, although
other non-metal leaders may be used. Some, if not most, vessels in the
Hawaii deep-set longline fishery are anticipated to voluntarily
transition from wire leaders to monofilament leaders in advance of the
regulatory requirement, following HLA's announcement. As of November
2021, most Hawaii deep-set longline fishing vessels had transitioned to
monofilament leaders with many more transitioning to its use when
existing wire leaders need to be replaced in the normal course of
operations.
Under the proposed action, Hawaii deep-set longline fishery
participants will incur upfront costs associated with changing wire
leaders to monofilament nylon. The estimated range in the initial costs
of replacing an entire set of wire leaders with monofilament leaders
can be found by multiplying the price of each monofilament leader
($0.06-$0.17, depending on brand) by the average number of hooks. This
results in an estimated average one-time material cost (averaging 2,876
hooks per vessel in 2020) for a full set of monofilament nylon leaders
of $173-$489 per vessel, or a total of $25,194 to $71,382 for the
entire fleet. Many deep-set longline vessels have already transitioned
to monofilament nylon leaders, and more have begun to transition to
monofilament nylon leaders as part of their routine replacement of
leader lines. As a result, the upfront costs of transitioning to
monofilament leaders upon the implementation of proposed action will
not be as high for many fishermen as presented here.
The proposed action may also influence ongoing costs for
maintenance and repair of fishing gear. Monofilament leaders are more
susceptible to damage, abrasion, breaking, and bite-offs, which would
result in more frequent repairs and replacement of longline gear.
However, monofilament nylon is less expensive than wire, which may help
offset the immediate costs of implementing the proposed action over the
longer term. The EA used 2020 effort data and results from a research
study that estimated branch line repair rates to be higher for
monofilament nylon leaders (19.8 percent) compared to wire leaders
(14.4 percent) to estimate differential maintenance and repair costs.
In 2020, the number of hooks deployed per trip averaged 36,314 and the
number of hooks deployed throughout the year averaged 408,904 across
all vessels. Based on these hook numbers, the cost of repairing
monofilament leaders would average from $431-$1,222 per vessel per
trip, compared to an average of $2,144-$2,719 per vessel per trip to
repair wire leaders. Thus, the proposed action could result in an
overall decrease in leader repair material costs ranging from $922 to
$2,288 per trip, or an annual decrease in leader replacement costs
ranging from $1,515,186 to $3,761,100 fleetwide (based on 1,644 deep-
set trips in 2020).
Most vessels in the deep-set fishery had used wire leaders to
prevent potential gear fly backs and associated injuries from the
weighted branch lines (required to prevent seabird interactions). This
proposed action would be implemented in conjunction with HLA outreach
to fishery participants and NMFS protected species workshops to address
safety concerns associated with gear fly back. One initiative involves
the use of a simple reusable fly back prevention device. The cost of
the materials for making one device is approximately $13, with one to
two of these devices needed on board a vessel during any given fishing
trip.
The proposed rule also would require fishermen to remove trailing
gear from captured oceanic whitetip sharks. HLA will continue to work
with NMFS and the Western Pacific Fishery Management Council to
disseminate handling guidelines applicable to oceanic whitetip sharks
(and other protected species) for safe release with as little trailing
gear attached as possible.
While fishermen in all three fisheries remove trailing gear when
they catch sharks as part of their normal operations, these additional
handling requirements may slightly increase the time it takes to
release these sharks. However, the rarity of interactions with these
sharks suggests that any increase in handling time should have
negligible impact on fishing operations.
The prohibition of wire leaders, and the resulting switch to
monofilament leaders, could change the catch rates of some target and
non-target species in the Hawaii deep-set fishery. We expect minor
increases in bigeye tuna catch rates, and slightly lower catch rates
for albacore, mahimahi, and skipjack tuna. These changes are likely to
be minor, however, and may result in an overall net increase in
revenues for the deep-set fishery.
NMFS has established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 CFR 200.2). A business primarily engaged in commercial
fishing (NAICS code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. Based on available information, NMFS has determined that all
vessels permitted federally under the FEP are small entities, i.e.,
they are engaged in the business of fish harvesting (NAICS 114111), are
independently owned or operated, are not dominant in their field of
operation, and have annual gross receipts not in excess of $11 million.
Even though this proposed action would apply to a substantial number of
vessels, the implementation of this action would not result in
significant adverse economic impact to individual vessels. The proposed
action would potentially reduce adverse effects on threatened oceanic
whitetip sharks and other protected species, as well as potentially
[[Page 2745]]
Hawaii deep-set longline fishermen with minor increases in catch rate
for target bigeye tuna.
Under the proposed action, we do not expect the region's domestic
longline fisheries to change substantially (i.e., area fished, number
of vessels and trips, number and depth of hooks, or deployment
techniques). The proposed action does not duplicate, overlap, or
conflict with other Federal rules and is not expected to have
significant impact on small organizations or government jurisdictions.
Furthermore, there would be little, if any, disproportionate adverse
economic impacts from the proposed action based on gear type or
relative vessel size. The proposed action also will not place a
substantial number of small entities, or any segment of small entities,
at a significant competitive disadvantage to large entities.
For the reasons above, NMFS does not expect the proposed action to
have a significant economic impact on a substantial number of small
entities. As such, an initial regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule does not contain a collection-of-information
requirement and thus requires no review under the Paperwork Reduction
Act.
List of Subjects in 50 CFR Part 665
American Samoa, Endangered and threatened species, Fisheries,
Fishing, Hawaii, Longline, Oceanic whitetip shark, Pacific Islands,
Release requirements, Western Pacific.
Dated: January 12, 2022.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory
Programs, National Marine Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801, et seq.
0
2. In Sec. 665.800, revise the definition of ``Deep-set or Deep-
setting'' to read as follows:
Sec. 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 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.
* * * * *
0
3. In Sec. 665.802, add paragraphs (gg) and (hh) to read as follows:
Sec. 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 Sec. 665.801(b) at any time during a trip
for which notification to NMFS under Sec. 665.803(a) indicated that
deep-setting would be done, in violation of Sec. 665.813(d).
(hh) Fail to handle and release an oceanic whitetip shark in
accordance with the requirements set forth at Sec. 665.811(a) when
operating a vessel registered for use under any longline permit issued
under Sec. 665.801, in violation of Sec. 665.811.
* * * * *
0
4. Add Sec. 665.811 to read as follows:
Sec. 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 Sec. 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 Sec. 300.226 of this
title, and must take the following actions:
(1) Leave the animal in the water.
(2) Use a dehooker as defined in Sec. 665.812(a)(7), or line
clippers as defined in Sec. 665.812(a)(5), to remove trailing gear
from the animal.
(3) When using line clippers, cut the branch line as close to the
hook as possible.
(b) Paragraph (a) of this section shall not apply if doing so would
compromise the safety of any person, or if a NMFS observer collects, or
requests assistance collecting, samples of oceanic whitetip shark, or
if a WCPFC observer collects, or requests assistance collecting,
samples of oceanic whitetip shark in the Convention Area, as defined in
Sec. 300.211 of this title and in accordance with Sec. 300.226 of
this title.
0
5. In Sec. 665.813, revise paragraph (d) to read as follows:
Sec. 665.813 Western Pacific longline fishing restrictions.
* * * * *
(d) A vessel 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 Sec. 665.803(a) indicated that deep-setting
would be done, any float line less than 20 meters in length, longline
gear with metal wire line within 1 meter of the hook, or any light
stick. As used in this paragraph (d), ``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. 2022-00910 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-22-P
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