Rule2024-04236
Pacific Island Fisheries; Modification of Seabird Interaction Mitigation Measures in the Hawaii Deep-Set Longline Fishery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 1, 2024
Effective
April 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In this final rule, NMFS modifies its seabird interaction mitigation measures to require federally permitted Hawaii deep-set longline vessels that set fishing gear from the stern to use a tori line (i.e., bird scaring streamer) in place of the currently required thawed, blue-dyed bait and strategic offal (i.e., fish, fish parts, or spent bait) discharge when fishing above latitude (lat.) 23[deg] N. This action is expected to improve the overall efficacy and operational practicality of required seabird mitigation measures by reducing seabird bycatch and creating operational and administrative efficiency for fishermen and NMFS.
Full Text
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<title>Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)</title>
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15062-15064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04236]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 231010-0243]
RIN 0648-BL34
Pacific Island Fisheries; Modification of Seabird Interaction
Mitigation Measures in the Hawaii Deep-Set Longline Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, NMFS modifies its seabird interaction
mitigation measures to require federally permitted Hawaii deep-set
longline vessels that set fishing gear from the stern to use a tori
line (i.e., bird scaring streamer) in place of the currently required
thawed, blue-dyed bait and strategic offal (i.e., fish, fish parts, or
spent bait) discharge when fishing above latitude (lat.) 23[deg] N.
This action is expected to improve the overall efficacy and operational
practicality of required seabird mitigation measures by reducing
seabird bycatch and creating operational and administrative efficiency
for fishermen and NMFS.
DATES: The final rule is effective April 1, 2024.
ADDRESSES: Copies of the Fishery Ecosystem Plan for Pelagic Fisheries
of the Western Pacific are available from the Western Pacific Fishery
Management Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813,
telephone 808-522-8220, fax 808-522-8226, or <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
Copies of the environmental assessment and other supporting
documents for this action are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
or from the Western Pacific Fishery Management Council, 1164 Bishop
St., Suite 1400, Honolulu, HI 96813, 808-522-8220, or <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: Lynn Rassel, Pacific Islands Regional
Office (PIRO) Sustainable Fisheries, 808-725-5036.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery
Management Council (Council) manage the Hawaii deep-set longline
fishery under the Fishery Ecosystem Plan for Pelagic Fisheries of the
Western Pacific (FEP). The implementing Federal regulations for this
fishery include a suite of conservation and management requirements.
This fishery occasionally catches seabirds; therefore, NMFS implemented
a suite of seabird mitigation requirements in 2001 that resulted in the
reduction of seabird interactions by 70-90 percent. However, seabird
interactions in the Hawaii longline fisheries gradually increased in
the subsequent years, with significant increases in black-footed
albatross interactions in the deep-set fishery since 2015.
Cooperative research by the Council, the Hawaii Longline
Association, NMFS Pacific Islands Fisheries Science Center, and NMFS
Pacific Islands Regional Office (PIRO) in 2019-2021 demonstrated that
when tori lines are employed in lieu of blue-dyed bait and strategic
offal discharge on deep-set longline vessels that set from the stern,
albatross making attempts to eat the bait off hooks are 1.5 times less
likely, contacts with the bait are 4 times less likely, and captures
are 14 times less likely. Furthermore, there is inconclusive evidence
that the existing strategic offal discharge requirements reduce seabird
interaction risk, and the requirement is associated with heavy
administrative burdens to the Pacific Islands Region Observer Program
and NOAA Office of Law Enforcement. Similarly, use of blue-dyed bait is
burdensome due to the amount of time required to thaw and dye the bait,
thawed bait loss from hooks, vessel maintenance costs related to using
vats of blue dye, and the administrative burden to monitor and enforce
consistent application of blue dye.
To reduce seabird bycatch and improve operational and
administrative efficiency, NMFS will require deep-set longline vessels
that stern-set to employ a tori line system instead of using thawed,
blue-dyed bait and strategic offal discharge when fishing north of lat.
23[deg] N. These measures will modify the requirements implemented at
50 CFR 665.815. NMFS also will require that vessels deploy a tori line
system that meets required material, length, and position
specifications prior to the first hook being set. We note that this
action will only modify seabird mitigation requirements for the Hawaii
deep-set fishery; however, research on mitigation measures is currently
underway in the Hawaii shallow-set fishery.
All Hawaii longline vessels will continue to be required to follow
other existing seabird handling and release requirements at 50 CFR
665.815(b) and (c) to maximize the chances of post-release survival of
seabirds that are caught alive, and to be certified for the completion
of an annual protected species workshop conducted by NMFS (50 CFR
665.814). All other measures applicable to longline fisheries under the
FEP will remain unchanged. This rule and related tori line design
guidelines are consistent with seabird mitigation requirements set
forth by the Western and Central Pacific Fisheries Commission and the
Inter-American Tropical Tuna Commission (see <a href="https://www.iattc.org/PDFFiles/Resolutions/IATTC/_English/C-11-02-Active_Seabirds.pdf">https://www.iattc.org/PDFFiles/Resolutions/IATTC/_English/C-11-02-Active_Seabirds.pdf</a> and
<a href="http://www.wcpfc.int/doc/wcpfc15-2018-dp16/seabird-interaction-mitigation-amendment-cmm-2017-06">www.wcpfc.int/doc/wcpfc15-2018-dp16/seabird-interaction-mitigation-amendment-cmm-2017-06</a>).
The rule will also revise 50 CFR 665.802 to clarify prohibitions
for vessels with Hawaii longline limited access permits. Specifically,
the rule will improve descriptions of which vessels are subject to the
prohibitions. The rule will also correct the omission of a prohibition
for side-setting (i.e., setting the mainline from the port or starboard
side of the vessel at least one meter from the stern) without a bird
curtain and weighted branch lines.
You may find additional background information on this action in
the preamble to the proposed rule published on October 17, 2023 (88 FR
71523).
Comments and Responses
On October 17, 2023, NMFS published a proposed rule, an
Environmental Assessment (EA), and Regulatory Impact Review (RIR) for
public comment (88 FR 71523). The comment period ended on November 16,
2023. NMFS received a comment letter from one nonprofit organization,
the American Bird Conservancy (ABC). In general, ABC supported the
proposed rule. There were no comments directed at analyses presented in
the EA or the RIR. We summarize and respond to ABC's comments here.
Comment 1: ABC expressed support for the proposed rule,
specifically the use of tori lines in place of the currently required
thawed, blue-dyed bait and strategic offal discharge when fishing above
lat. 23[deg] N, and the housekeeping correction to reinstate the
prohibition for side setting without a bird curtain.
[[Page 15063]]
Response: NMFS agrees and will continue to sustainably manage and
regulate Federal fisheries to minimize bycatch, bycatch mortality, and
interactions with protected species, including seabirds, consistent
with applicable law.
Comment 2: ABC expressed support of a requirement to prohibit offal
discharge during setting operations and therefore a preference for
Alternative 3 in the EA which includes a modification of, rather that
the removal of, the offal discharge requirement to an offal management
requirement.
Response: The main difference between Alternatives 2 and 3 is
whether the updated offal management measure would be implemented
through a non-regulatory best practices annual training (Alternative 2)
or a regulatory requirement (Alternative 3). As described in detail in
EA section 4.2.2, the Council recommended Alternative 2 because it
determined that fishing operations in the deep-set longline fishery are
already in line with best practices for offal management because offal
is not generated during the set. Offal would typically be generated and
discharged in the deep-set longline fishery during the haul, and would
not be saved for discharge during the set in the absence of the
existing strategic offal discharge requirement. Under Alternative 2,
fishery participants are not likely to retain offal and spent bait from
hauling operations, so there would be no offal or spent bait available
during setting operations to discharge. Even without a requirement,
offal discharge during setting operations would be an atypical
occurrence, and it is not expected to appreciably increase seabird
interactions.
Furthermore, regulating best practices under Alternative 3 is
associated with an increased administrative burden to monitor and
enforce the regulation. Under Alternative 2, best practices will be
taught in the protected species workshop, which is required annually
for all deep-set longline vessel owners and captains. NMFS will be able
to update and adapt the best practices training in accordance with the
best scientific information available, in a manner that is more
efficient and responsive to evolving science than changing a regulatory
requirement. In this way, NMFS will be able to disseminate best
practices to the fisheries' participants with less administrative
burden and in a timelier manner than through the regulatory process.
This rule as described in EA Alternative 2, achieves the objective
by reducing seabird interactions with the fishery while minimizing
unnecessary regulation.
Comment 3: ABC recommended encouraging the use of tori lines in the
deep-set longline fishery south of lat. 23[deg] N for the sake of
providing international leadership.
Response: Less than 14 percent of observed seabird interactions
have occurred in the deep-set longline fishery south of lat. 23[deg] N
and NMFS has determined the risk to seabirds south of lat. 23[deg] N to
be low. However, the rule does not prohibit fishers from also using
tori lines when they are fishing south of lat. 23[deg] N. NMFS can
encourage fishers to use tori lines whenever seabirds are present,
regardless of latitude, as a best practice in the protected species
workshop training required annually for fishers.
Comment 4: ABC encouraged NMFS to request more appropriations for
the fisheries observer program to increase coverage to beyond 20
percent in order to better monitor compliance of seabird mitigation
requirements.
Response: On October 1, 2023, NMFS changed observer coverage in the
Hawaii deep-set longline fishery from 20 to 15 percent due to increased
program costs and is evaluating options to manage observer efforts
moving forward, including assessing alternative long-term options--like
electronic technologies--to supplement monitoring and collecting
fishery data.
Comment 5: ABC provided two more recommendations, which are related
to seabirds and the rulemaking process but are not directly related to
the subject rule. These recommendations include hastening the
rulemaking process to implement new seabird mitigation methods more
expeditiously in the shallow set longline fishery and advocating for
NMFS's continued support for the Agreement for the Conservation of
Albatrosses and Petrels (ACAP).
Response: NMFS strives for expeditious rulemaking, and adheres to
statutory deadlines specified in the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and other
applicable law. Tori line research is currently being conducted in the
shallow set longline fishery under an experimental fishing permit
issued by NMFS. The results of this research will be presented to the
Council and NMFS after the conclusion of the project. NMFS believes
that time spent on the research and development of new measures will
improve the overall quality and outcome of such measures. We continue
to support ACAP.
Changes From the Proposed Rule
The final rule contains no changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the FEP, other provisions of the Magnuson-Stevens Act,
and other applicable laws.
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 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 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
Fisheries, Fishing, Hawaii, Longline, Seabird mitigation, Pacific
Islands, Western Pacific.
Dated: February 26, 2024.
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
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. Amend Sec. 665.802 by revising paragraph (z), adding paragraph
(ll), and revising paragraphs (mm) through (qq) to read as follows:
Sec. 665.802 Prohibitions.
* * * * *
(z) Fail to fish in accordance with the seabird take mitigation
techniques set forth at Sec. 665.815(a) when operating a
[[Page 15064]]
vessel registered for use under a Hawaii longline limited access
permit.
* * * * *
(ll) Fail to use weighted branch lines or a bird curtain that meets
the specifications at Sec. 665.815(a)(1)(i) through (vii) when
operating a side-setting vessel that is registered for use under a
Hawaii longline limited access permit, when making deep-sets or
shallow-sets north of lat. 23[deg] N, or shallow-sets south of lat.
23[deg] N in violation of Sec. 665.815(a)(1).
(mm) Fail to use a line shooter with weighted branch lines to set
the main longline, and fail to use a tori line system prior to the
first hook being set that meets the specifications of Sec.
665.815(a)(3)(i)(A) through (E) when operating a stern-setting vessel
that is registered for use under a Hawaii longline limited access
permit and equipped with monofilament main longline, when making deep-
sets north of lat. 23[deg] N in violation of Sec. 665.815(a)(3).
(nn) Fail to employ basket-style longline gear such that the
mainline is deployed slack when operating a vessel registered for use
under a Hawaii longline limited access permit north of lat. 23[deg] N,
in violation of Sec. 665.815(a)(4).
(oo) Fail to maintain and use blue dye to prepare thawed bait when
operating a stern-setting vessel registered for use under a Hawaii
longline limited access permit when making shallow-sets, in violation
of Sec. 665.815(a)(2)(vi) and (vii).
(pp) Fail to retain, handle, and discharge fish, fish parts, and
spent bait, strategically when operating a stern-setting vessel
registered for use under a Hawaii longline limited access permit when
making shallow-sets, in violation of Sec. 665.815(a)(2)(i) through
(iv).
(qq) Fail to begin the deployment of longline gear at least 1 hour
after local sunset or fail to complete the setting process before local
sunrise from a stern-setting vessel registered for use under a Hawaii
longline limited access permit while shallow-setting, in violation of
Sec. 665.815(a)(2)(v).
* * * * *
0
3. Amend Sec. 665.815 by revising paragraphs (a) introductory text,
(a)(2) introductory text, (a)(2)(v) and (viii), and (a)(3) and (4) to
read as follows:
Sec. 665.815 Pelagic longline seabird mitigation measures.
(a) Seabird mitigation techniques. When deep-setting or shallow-
setting north of lat. 23[deg] N or shallow-setting south of lat.
23[deg] N, owners and operators of vessels registered for use under a
Hawaii longline limited access permit, must either side-set according
to paragraph (a)(1) of this section, or fish in accordance with
paragraphs (a)(2) through (4) of this section, as applicable.
* * * * *
(2) Alternative to side-setting when shallow-setting. Owners and
operators of vessels engaged in shallow-setting that do not side-set
must do the following:
* * * * *
(v) Begin the deployment of longline gear at least 1 hour after
local sunset and complete the deployment no later than local sunrise,
using only the minimum vessel lights to conform with navigation rules
and best safety practices;
* * * * *
(viii) Follow the requirements in paragraph (a)(4) of this section,
as applicable.
(3) Alternative to side-setting when deep-setting. Owners and
operators of vessels engaged in deep-setting using a monofilament main
longline north of lat. 23[deg] N that do not side-set must do the
following:
(i) Employ a tori line system, prior to the first hook being set,
that meets the following specifications:
(A) Length and material. The tori line must have an aerial section
with a minimum length of 50 m (164 ft) and be made of ultra-high
molecular weight polyethylene, or other NMFS-approved material that is
light-weight, water resistant, low stretch, and floats in water. The
tori line must have a drag section made of a 6 millimeters or larger
braided material that is water resistant and floats in water.
Monofilament nylon is prohibited for use in the aerial or drag sections
of the tori line. The tori line must have a minimum total length of 100
m (328 ft).
(B) Streamer configuration. The aerial section of the tori line
must have light-weight material (hereafter referred to as streamers)
that are attached to the aerial section at intervals less than 1 m (3.3
ft) apart. Each streamer must have a length of at least 30 cm (11.8 in)
from its attachment point to the tori line so that it hangs and moves
freely/flutters in the wind. Where a single streamer is either threaded
through or tied to the tori line, each length must measure at least 30
cm (11.8 in). Streamers are not required for the last 20 m (65.6 ft) of
the aerial section to minimize entanglements with buoys and fishing
gear.
(C) Number. Two tori lines meeting the specifications in paragraphs
(a)(3)(i)(A) and (B) of this section must be present on the vessel at
the start of every trip.
(D) Attachment point and material. The aerial section of the tori
line must be attached to the vessel or a fixed structure on the vessel
made of rigid material. A weak link must be placed between the tori
line and the point of attachment so that the tori line will break away
from the point of attachment if gear entanglement creates tension on
the tori line. The attachment point must have a minimum height of 5 m
(16.4 ft) above the water when the attachment point is located within 2
m (6.6 ft) of the vessel stern. When the attachment point is more than
2 m (6.6 ft) from the stern, the attachment point height must be
increased by 0.5 m (1.6 ft) for every 5 m (16.4 ft) distance from the
stern.
(E) Attachment point height exemption. If the structure used to
attach the tori line breaks during a trip, the operator may use an
alternative attachment point at the highest possible point on the
vessel that is lower than the height specified in paragraph
(a)(3)(i)(D) of this section to continue fishing north of lat. 23[deg]
N. The exemption is only valid during the trip in which the structure
broke.
(ii) Employ a line shooter.
(iii) Attach a weight of at least 45 g (1.6 oz) to each branch line
within 1 m (3.3 ft) of the hook.
(4) Basket-style longline gear requirement. When using basket-style
longline gear north of lat. 23[deg] N, owners and operators of vessels
that do not side-set must ensure that the main longline is deployed
slack to maximize its sink rate.
* * * * *
[FR Doc. 2024-04236 Filed 2-29-24; 8:45 am]
BILLING CODE 3510-22-P
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