[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 = 0.99BMSY) 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]
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