[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2313-2327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-689]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 101029546-0547-01]
RIN 0648-BA39
Atlantic Highly Migratory Species; Bluefin Tuna Bycatch Reduction
in the Gulf of Mexico Pelagic Longline Fishery
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 require the use of ``weak hooks'' in the Gulf
of Mexico (GOM) pelagic longline (PLL) fishery. A weak hook is a circle
hook that meets NMFS' current size and offset restrictions for the GOM
PLL fishery, but is constructed of round stock wire that is thinner-
gauge than the circle hooks currently used, i.e., no larger than 3.65
mm in diameter. Weak hooks can allow incidentally hooked bluefin tuna
(BFT) to escape capture because the hooks are more likely to straighten
when a large fish is hooked. Requiring weak hooks in the GOM will
reduce bycatch of BFT, allow the long-term beneficial socio-economic
benefits of normal operation of directed fisheries in the GOM with
minimal short-term negative socio-economic impacts, and have both
short- and long-term beneficial impacts on the stock status of Atlantic
BFT, an overfished species. Since 2007, NMFS has conducted research on
weak hooks used on PLL vessels operating in the GOM to reduce the
incidental catch of large BFT during directed PLL fishing for other
species. Preliminary results show that the use of a weak hook can
significantly reduce the amount of BFT caught incidentally by PLL
vessels in the GOM. The purpose of the proposed action is to reduce PLL
catch of Atlantic BFT in the GOM, which is the only known BFT spawning
area for the western Atlantic stock of BFT. This action would be
consistent with the advice of the International Commission for the
Conservation of Atlantic Tunas (ICCAT) Standing Committee for Research
and Statistics (SCRS) that ICCAT may wish to protect the strong 2003
year class until it reaches maturity and can contribute to spawning.
The purpose is also to allow directed fishing for other species to
continue within allocated BFT sub-quota limits. This measure would be
consistent with the 2006 Consolidated Highly Migratory Species (HMS)
Fishery Management Plan (FMP), including the BFT rebuilding program.
DATES: Written comments will be accepted until February 12, 2011. NMFS
will hold three public hearings on this proposed rule on February 7,
2011, in Silver Spring, MD; February 9, 2011, in Panama City, FL; and
February 10, 2011, in Kenner, LA to receive comments from fishery
participants and other members of the public regarding this proposed
rule. An operator-assisted conference call will be held to receive
comments, only on this proposed rulemaking, from HMS Advisory Panel
members on February 8, 2011. This is not an HMS Advisory Panel meeting,
and the conference call will be open to members of the public, who may
observe and comment to the extent time permits. Please see the
SUPPLEMENTARY INFORMATION section of this proposed rule for specific
dates, times, and locations.
ADDRESSES: The public hearings will be held in Maryland, Florida, and
Louisiana. Please see the SUPPLEMENTARY INFORMATION section of this
ANPR for specific dates, times, and locations.
You may submit comments, identified by 0648-BA39, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov
Fax: 301-713-1917, Attn: Margo Schulze-Haugen
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on the Proposed Rule
to Reduce Bluefin Tuna Bycatch in the Gulf of Mexico.''
Instructions: No comments will be posted for public
viewing until after the comment period has closed. All comments
received are a part of the public record and generally will be
[[Page 2314]]
posted to http://www.regulations.gov without change. All Personal
Identifying Information (e.g., name, address) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Dianne Stephan by phone at 978-281-
9260 or Randy Blankinship by phone at 727-824-5399.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the Atlantic Tuna Conventions Act
(ATCA), which authorizes the Secretary of Commerce (Secretary) to
promulgate regulations as may be necessary and appropriate to implement
recommendations of ICCAT. The authority to issue regulations under the
Magnuson-Stevens Act and ATCA has been delegated from the Secretary to
the Assistant Administrator for Fisheries, NOAA (AA). On May 28, 1999,
NMFS published in the Federal Register (64 FR 29090) final regulations,
effective July 1, 1999, implementing the Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks (1999 FMP). On October 2, 2006,
NMFS published in the Federal Register (71 FR 58058) final regulations,
effective November 1, 2006, implementing the 2006 Consolidated HMS FMP,
which details the management measures for Atlantic HMS fisheries
including the PLL fishery.
Background
NMFS is issuing a proposed rule that would require the use of
``weak hooks'' by PLL vessels fishing in the GOM. A weak hook is a
circle hook that meets NMFS' current size and offset restrictions but
is constructed of round wire stock that is thinner-gauge (i.e., no
larger than 3.65 mm in diameter) than the circle hooks currently used
in the PLL fishery. The purpose of the proposed action is to reduce PLL
catch of Atlantic BFT in the GOM, which is the only known BFT spawning
area for the western Atlantic stock of BFT. This measure would also be
consistent with the ICCAT SCRS advice that ICCAT may wish to protect
the strong 2003 year class until it reaches maturity and can contribute
to spawning. Implementation of weak hooks in the GOM PLL fishery by
spring 2011 is important because the strong 2003 year class is
beginning to enter adulthood, and it is likely that some of them will
begin to spawn in the GOM this spring. Also, reducing the incidental
BFT catch in the GOM may enable the PLL fishery to continue to operate
year-round by increasing the likelihood that landings and dead discards
will remain below the quota. The proposed rule would require a new gear
technology that could allow the GOM PLL fleet to continue routine
directed fishing operations (e.g., yellowfin tuna (YFT) and swordfish)
while decreasing the numbers of incidentally caught BFT. Weak hooks can
allow incidentally hooked BFT to escape capture because the hooks are
more likely to straighten when a large fish is hooked, thus releasing
the fish.
This action is necessary to achieve domestic management objectives
under the Magnuson-Stevens Act, and to implement the 2006 Consolidated
HMS FMP, including goals to rebuild stocks and end overfishing.
Atlantic BFT has historically been documented as overfished with
overfishing occurring. Since 1998, an ICCAT rebuilding plan, which was
implemented in the Consolidated HMS FMP, has been in place with the
goal of rebuilding the western BFT stock by 2019. Strict quotas and
domestic regulations have been in place to achieve this goal, including
a prohibition on all directed fishing on BFT in the GOM in recognition
that is the sole known spawning area for the western BFT stock.
Although directed fishing for BFT is prohibited in the GOM, the
incidental catch of BFT has become an area of heightened concern due to
the status of the stock and mortality of incidentally caught spawning
BFT in the directed PLL fishery that targets YFT and swordfish.
Furthermore, a recent stock assessment conducted by ICCAT's SCRS in
October 2010, shows that a strong 2003 year class is expected to begin
to contribute to an increase in spawning biomass after several years.
In particular, the SCRS notes ``that the 2010 assessment is the first
time that this strong 2003 year-class has been clearly demonstrated,
likely as a result of age assignment refinements resulting from the
growth curve and additional years of data; more observations from the
fishery are required to confirm its relative strength. A further
concern is that subsequent year-classes, although even less well
estimated, are the lowest observed values in the time series. The
Commission may wish to protect the 2003 year class until it reaches
maturity and can contribute to spawning.'' While the increased presence
of spawning BFT in the GOM could provide a positive impact on the
stock, PLL interactions with spawning BFT could also be expected to
increase with the higher number of fish in this year class. This could
lead to increased incidental catches (and discards) of BFT, potentially
diminishing the reproductive impact of this large year class to the
western BFT stock.
Several other factors have also heightened concern about BFT
recently, such as the April 2010 Deepwater Horizon/BP oil spill in the
GOM and potential impacts on BFT, particularly in the GOM. In addition,
some environmental groups have called for the suspension of the entire
Atlantic BFT fishery and the creation of a permanent BFT sanctuary in
the GOM spawning area. In May 2010, the Center for Biological Diversity
petitioned NMFS to list BFT as threatened or endangered under the
Endangered Species Act and to designate critical habitat for the
species. NMFS published a 90-Day Finding on the Petition to List
Atlantic Bluefin Tuna as Threatened or Endangered under the Endangered
Species Act on Sept. 21, 2010 (75 FR 57431). The analysis of that
petition is ongoing.
Tuna researchers working on tagging projects in the GOM have noted
that almost all BFT caught by PLL vessels are dead due to the high
metabolic stress endured during capture from the warm water. Promising
research results, from an experiment (the weak hook study) conducted by
the NMFS Harvesting Systems and Engineering Branch, Pascagoula, MS,
have found over the past 3 years that the weak hook, which is designed
to bend under pre-determined loads, could potentially result in the
quick release of large BFT, as well as some large pelagic sharks in PLL
fisheries. The PLL vessel operators and owners involved in the study
have shown support for use of weak hooks. Initial results show the
potential for increasing the biomass of the western BFT stock in the
short- and long-term with some potential adverse impacts to directed
fisheries (i.e., approximately a 7 percent reduction in YFT and 41
percent reduction in swordfish retained for sale).
On an annual basis, ICAAT issues the United States its BFT quota,
which is further divided among fisheries under the Consolidated HMS
FMP. Under the Consolidated HMS FMP, PLL vessels are currently
allocated 8.1 percent of the available landings quota for the
incidental retention (and dead discards) of BFT while directing on
other target
[[Page 2315]]
species such as YFT and swordfish in the GOM and swordfish in the North
Atlantic. In the last few years however, the total PLL landings and
dead discards, all of which must be reported to ICCAT, have exceeded
the Consolidated HMS FMP-based PLL allocation (i.e., landings and dead
discards comprised 23 percent of the U.S. catch in 2009, substantially
more than the 8 percent allocation of the U.S. quota assigned for the
PLL fishery). Beginning in 2007, to provide quota sufficient for the
PLL fleet to operate for the entire fishing year (based on the best
available estimates of discards and landings), NMFS has added to the
Longline category sub-quota a substantial portion of quota unharvested
by other categories in the prior year. In 2008 and 2009, NMFS provided
54 mt and 83 mt, respectively, during the annual quota specification
process to cover the Longline category sub-quota overages. After 2010,
the amount of unharvested ICCAT-issued quota that the United States may
carry forward to the subsequent year will be substantially reduced
(from 50 percent of the total U.S. quota to 10 percent). In addition,
if U.S. quota for 2011 and beyond remains at current levels, or less,
there is the potential that other directed BFT fisheries (e.g.,
commercial and recreational handgear fisheries) may fully utilize their
sub-quotas. Under these types of quota constraints, NMFS may, in future
years, have to consider closing the PLL target fisheries to avoid
further incidental catch of BFT or consider closing directed BFT
fisheries in order to manage the fishery within the available U.S.
quota and FMP-based quota allocations.
The objectives of this proposed rulemaking are to: (1) Enhance
stock rebuilding by increasing BFT spawning potential and subsequent
recruitment into the fishery, (i.e., rapidly implement the proposed
action to increase the survival of spawning BFT in 2011 in the GOM
particularly the 2003 year class); (2) constrain PLL BFT catch to the
incidental BFT quota allocation; (3) allow the PLL fleet to continue to
participate in their directed fisheries (e.g., YFT and swordfish) year-
round with less risk of fishery interruption due to insufficient
incidental quota availability (i.e., minimize negative social and
economic impacts to the PLL directed fisheries); (4) reduce the need
for BFT quota reallocation from directed fisheries or the Reserve to
cover PLL BFT bycatch (i.e., minimize negative and social impacts to
BFT directed fisheries); and (5) minimize negative ecological impacts
on non-target or protected species.
As required by current regulation under the authority of ATCA, the
retention of BFT in the PLL fishery is allowed incidentally to the
targeted catch of YFT and swordfish. This incidental catch of BFT must
be within the target catch retention limits of one BFT per 2,000 lbs of
target catch, two BFT per 6,000 lbs, and three BFT per 30,000 lbs. BFT
that are caught in excess of these existing target catch retention
limits must be discarded and, for purposes of the discussion in this
proposed rule, may be considered bycatch. Bluefin tuna that are
discarded dead are counted against the quota along with landed BFT. In
this proposed rule and related to BFT in the PLL fishery, the terms
``incidental catch'' and ``bycatch'' are used within this context.
Background and History
A brief history on the management of the PLL fishery is provided
below as it pertains to this proposed action. A more complete summary
of Atlantic HMS management can be found in the 2006 Consolidated HMS
FMP, in the annual HMS SAFE Reports, and online at http://www.nmfs.noaa.gov/sfa/hms/.
NMFS has implemented a series of management measures designed to
regulate the incidental catch of BFT in non-directed Atlantic
fisheries. In 1981, NMFS prohibited the use of longlines for any
directed BFT fishery, implemented incidental catch limits, and
established northern and southern management areas where different
catch limits applied (46 FR 8012, January 26, 1981). PLL fishermen were
restricted to two BFT per vessel per trip in the southern region and 2
percent by weight of all other fish on board in the northern region. In
1982, ICCAT recommended a ban on directed fishing for BFT in the GOM.
Over the following decade, the value of BFT increased dramatically and
fishing practices evolved with respect to incidental catch of BFT. In
response, NMFS established various management measures to discourage
PLL vessels from developing a directed fishery for this valuable
species while allowing for the retention of some incidentally caught
BFT, which included altering target catch requirements and adjusting
geographic management areas (57 FR 365, January 6, 1992).
Despite these efforts, incidental catch of BFT by U.S. PLL vessels
continued. NMFS continued to evaluate management alternatives to
achieve a balance between allowing the retention of true incidentally-
caught BFT while preventing a directed fishery and reducing discards.
On May 28, 1999, NMFS published in the Federal Register (64 FR
29090) final regulations, effective July 1, 1999, implementing the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (1999
FMP). As part of the 1999 FMP, the regulations for all Atlantic HMS,
including billfish, were consolidated into one part of the Code of
Federal Regulations, 50 CFR Part 635. The 1999 FMP was the first FMP
for Atlantic tunas and included numerous management measures governing
all HMS fisheries including the sub-allocation of 8.1 percent of the
United States' overall ICCAT allocated quota for BFT landed by PLL
vessels incidental to directed fishing operations targeting other
species. Other highlights from the 1999 FMP included a measure to close
an area of ocean off the Mid-Atlantic Bight to PLL fishing during the
month of June in an attempt to minimize bycatch of BFT and ensure
compliance with ICCAT recommendations. The HMS FMP also considered, but
did not implement, further modifications to target catch requirements
because of the difficulty in determining catch levels and landings
allowances that would likely reduce dead discards.
NMFS also stated that a comprehensive approach to time/area
closures would be undertaken as part of a bycatch reduction strategy
after further analysis of the data and consultation with the HMS and
Billfish advisory panels. This led to the development of a draft
Technical Memorandum, which was made available to the public on
November 2, 1999 (64 FR 59162).
Subsequent to the release of the Technical Memorandum, NMFS
considered three alternative actions to reduce bycatch and/or bycatch
mortality in the Atlantic HMS PLL fishery: status quo, gear
modifications that would decrease hook-ups and/or increase survival of
bycatch species, and the prohibition of PLL fishing (closures) in areas
where rates of bycatch are higher. A proposed rule was published
December 15, 1999 (64 FR 69982), for which alternatives were identified
and analyzed in a draft Supplemental Environmental Impact Statement (64
FR 73550, December 30, 1999), that included proposed closed areas for
PLL gear in the western GOM and off the southeast coast of the United
States.
During the comment period on the proposed rule, NMFS received
comments on many issues related to the proposed time/area closures. In
particular, commenters asserted that a proposed closure in the western
GOM would not adequately address juvenile swordfish bycatch in the
DeSoto Canyon area of the eastern portion of the Gulf.
[[Page 2316]]
Additionally, commenters noted the significant economic impacts
associated with large scale area closures on vessel operators and
shoreside support services that would need considerable time for
adjustment and relocation. Given these comments, NMFS analyzed the
potential impacts of an additional closed area in the DeSoto Canyon
area. Subsequently, NMFS published supplementary information regarding
the potential impacts of closing the DeSoto Canyon Area together with a
revised summary of the IRFA prepared for the proposed rule (65 FR
24440, April 26, 2000). The comment period for the proposed rule was
reopened through May 12, 2000, and NMFS specifically requested comments
on the extent to which delayed effectiveness of the closure could
mitigate the economic impacts of area closures.
On August 1, 2000, NMFS published a final rule that prohibited live
bait longlining in the GOM and prohibited PLL fishing at any time in
the DeSoto Canyon area (beginning November 2000) and East Florida Coast
(beginning February 2001), and from February through April of each year
in the Charleston Bump area (beginning February 2001) (65 FR 47214,
August 1, 2000). In the PLL fishery, some species of sea turtles are
sometimes caught or become entangled in the fishing gear. Because sea
turtle species are listed as threatened or endangered under the
Endangered Species Act (ESA), provisions of the ESA, such as Section 7
Consultation apply to the PLL fishery. During the course of the August
1, 2000, rulemaking, the PLL fleet exceeded the incidental take
statement for sea turtles established during the ESA Section 7
Consultation for the 1999 FMP. That, combined with new information on
sea turtles and the uncertainty regarding the effect of the closures on
sea turtles, resulted in reinitiation of consultation and issuance of a
new Biological Opinion (BiOp) (June 30, 2000), which concluded that the
continuation of the PLL fishery as proposed was likely to jeopardize
the continued existence of leatherback and loggerhead sea turtles.
As a result of the June 2000 BiOp jeopardy finding, NMFS needed to
implement certain measures to reduce sea turtle bycatch in the PLL
fishery. NMFS decided that further analyses of observer data and
additional population modeling of loggerhead sea turtles would be
needed to determine more precisely the impact of the PLL fishery on sea
turtles. Because of this, NMFS reinitiated consultation on the HMS
fisheries on September 7, 2000. In the interim, NMFS implemented
emergency regulations, based on historical data on sea turtle
interactions, to reduce the short-term effects of the PLL fishery on
sea turtles, including the closure of a portion of the Northeast
Distant Statistical Area (NED) and a requirement that dipnets and line
clippers be carried and used on PLL vessels to aid in the release of
any captured sea turtle. These regulations published on October 13,
2000 (65 FR 60889).
NMFS issued a BiOp on June 8, 2001 (revised on June 14, 2001),
which again concluded that the continued operation of the Atlantic PLL
fishery was likely to jeopardize the continued existence of loggerhead
and leatherback sea turtles. Accordingly, the BiOp provided a
reasonable and prudent alternative (RPA) to avoid jeopardy. The RPA
included the following elements: Closing the NED area effective July
15, 2001, and conducting a research experiment in this area on various
PLL gear modifications to reduce sea turtle bycatch and bycatch
mortality in the PLL fishery. The BiOp also included a requirement that
all vessels permitted for HMS fisheries post sea turtle handling and
release guidelines. This requirement was modified to specify its
application only to bottom and PLL vessels by an August 31, 2001,
memorandum from the Office of Protected Resources.
On July 13, 2001, NMFS published an emergency rule (66 FR 36711) to
implement several of the June 2001 BiOp requirements. NMFS published an
amendment to the emergency rule to incorporate the change in
requirements for the handling and release guidelines that were
published in the Federal Register on September 24, 2001 (66 FR 48812).
On July 9, 2002, NMFS published the final rule (67 FR 45393)
implementing measures required under the June 14, 2001 BiOp on Atlantic
HMS to reduce the incidental catch and post-release mortality of sea
turtles and other protected species in HMS fisheries, with the
exception of the gangion placement measure. The rule implemented the
NED closure, required the length of any gangion to be 10 percent longer
than the length of any floatline if the total length of any gangion
plus the total length of any floatline is less than 100 meters, and
prohibited vessels from having hooks on board other than corrodible,
non-stainless steel hooks. The final rule also required all HMS bottom
and PLL vessels to post sea turtle handling and release guidelines in
the wheelhouse. NMFS did not implement the gangion placement
requirement because it appeared to result in an unchanged number of
interactions with loggerhead sea turtles and an apparent increase in
interactions with leatherback sea turtles.
During this time frame, NMFS again proposed changes to the PLL BFT
target catch requirements and other modifications to the Longline
category regulations in December 2002 (67 FR 78404, December 24, 2002).
The May 2003 final rule set the incidental retention/target catch
requirements as follows: One large medium or giant BFT per vessel per
trip may be landed, provided that at least 2,000 lb (907 kg) of species
other than BFT are legally caught, retained, and offloaded from the
same trip and are recorded on the dealer weighout slip as sold; two
large medium or giant BFT may be landed incidentally to at least 6,000
lb (2,727 kg) of species other than BFT; and three large medium or
giant BFT may be landed incidentally to at least 30,000 lb (13,620 kg)
of species other than BFT (68 FR 32414 May 30, 2003). The final rule
also set Longline category allocations at no more than 60 percent of
the Longline category quota for landing in the area south of 31 degrees
north latitude. Twenty-five mt are allocated for incidental catch by
PLL vessels fishing in the Northeast Distant gear restricted area. The
required advance notice for any inseason adjustment to target catch
requirements was set at 21 days. These target catch requirements and
subquota allocations remain in effect today.
On November 28, 2003, based on the conclusion of the NED experiment
and based on preliminary data indicating that the Atlantic PLL fishery
may have exceeded the ITS established in the June 14, 2001 BiOp, NMFS
published a Notice of Intent (NOI) to prepare a Supplemental
Environmental Impact Statement (SEIS) to assess the potential effects
on the human environment of proposed alternatives and actions under a
proposed rule to reduce sea turtle bycatch (68 FR 66783).
In January 2004, NMFS reinitiated consultation after receiving data
that indicated the Atlantic PLL fishery exceeded the ITS for
leatherback sea turtles in 2001-2002 and for loggerhead sea turtles in
2002. In the spring of 2004, NMFS released a proposed rule to require
PLL fishermen to use certain hook and bait types, and take other
measures to reduce sea turtle takes and mortality. The resulting June
1, 2004 BiOp considered these measures and concluded that the PLL
fishery as proposed was not likely to jeopardize the continued
existence of loggerhead sea turtles, but was still likely to jeopardize
the continued existence of leatherback sea turtles.
On July 6, 2004, NMFS published a final rule (69 FR 40734) pursuant
to the
[[Page 2317]]
2004 PLL BiOp implementing many gear and bait restrictions and
requiring certain sea turtle handling and release tools and methods.
Specifically, the 2004 final rule required vessel operators
participating in the PLL fishery for Atlantic HMS operating outside of
the NED, at all times, to possess onboard and/or use only 16/0 or
larger non-offset circle hooks and/or 18/0 or larger circle hooks with
an offset not to exceed 10 degrees. Only whole finfish and squid baits
could be possessed and/or utilized with the allowable hooks outside of
the NED. The 2004 rule also re-opened the NED to PLL fishing for
Atlantic HMS, but required vessels with PLL gear onboard in that area,
at all times, to possess and/or use only 18/0 or larger circle hooks
with an offset not to exceed 10 degrees. Within the NED, only whole
mackerel and squid baits may be possessed and/or utilized with
allowable hooks. Finally, NMFS required specific sea turtle release
equipment to be possessed on board PLL vessels and adherence to
specific handling and release techniques for sea turtles. The sea
turtle handling and release placards and protocols were revised, and a
video showing proper sea turtle handling techniques was mailed to all
PLL vessel owners. The placards, protocols, and video were made
available in English, Spanish, and Vietnamese.
In 2006, NMFS merged the FMP for Atlantic Tunas, Swordfish, and
Sharks and the Atlantic Billfish FMP into one Consolidated HMS FMP. The
final rule implementing the 2006 Consolidated HMS FMP (71 FR 58058,
Oct. 2, 2006) contained several management measures applicable to the
PLL fishery. These included: (1) Mandatory workshops for the safe
release, disentanglement, and identification of protected resources for
PLL vessel owners and operators; (2) implementation of the Madison-
Swanson and Steamboat Lumps Marine Reserves to complement Gulf of
Mexico Fishery Management Council regulations; and, (3) a clarification
of the definitions of bottom longline and PLL gear based upon the
species composition of the catch onboard or offloaded.
NMFS also thoroughly considered and analyzed time/area closures as
a means to minimize bycatch and bycatch mortality in HMS fisheries in
the Environmental Impact Statement that supported the Consolidated HMS
FMP. The EIS analyzed the ecological, economic, and social impacts of
12 alternatives and subalternatives for potential PLL closures in the
Atlantic and GOM on blue and white marlin, sailfish, spearfish, BFT,
pelagic and large coastal sharks, and leatherback, loggerhead, and
other sea turtles as part of the management measures considered to
reduce bycatch. To evaluate the potential overall conservation benefits
of each closure scenario, NMFS analyzed the impacts of the
redistribution of fishing effort under various redistribution schemes
(e.g., fleet-wide redistribution of effort into all open areas or
redistribution of effort only to open areas of the GOM). Redistribution
of effort refers to fishing effort that is, or may be, applied in
another location due to a closure. Previous research and requests for
closures of portions of the GOM to protect BFT did not consider
redistribution of effort when proposing a closure. These requests
included research that presumed fishermen would simply stop fishing
altogether if they could not fish in the closed areas. NMFS analyses
were the only analyses at the time that modeled the potential for
redistribution of effort related to closures in the GOM.
NMFS found that with some level of redistributed effort, no one
closure, or combination of closures, would have reduced bycatch of all
of the species considered. In addition to implementing complementary
HMS management measures in the Madison-Swanson and Steamboat Lumps
Marine Reserves, the final 2006 Consolidated HMS FMP established
criteria to consider when assessing possible new time/area closures or
making modifications to existing time/area closures. Criteria that
would be considered may include, but are not limited to, the following:
Any ESA-related issues, concerns, recommendations, or requirements
including those in applicable Biological Opinions; bycatch rates of
protected species, prohibited HMS, or non-target species both within
the specified or potential closure area(s) and throughout the fishery;
bycatch rates and post-release mortality rates of bycatch species
associated with different gear types; applicable research; new or
updated landings; bycatch and fishing effort data; social and economic
impacts; and the practicability of implementing new or modified
closures, including consistency with the FMP, Magnuson-Stevens Act,
ATCA, and other applicable law. If the species is an ICCAT-managed
species, NMFS would consider the effects of domestic and international
fisheries on that species before implementing time/area closures. Other
factors that NMFS would consider before implementing time/area closures
include, but are not limited to, gear types and the location and timing
of a closed area. NMFS would attempt to balance the ecological benefits
with economic and social impacts. NMFS would also consider alternatives
to closed areas, such as reducing quotas, mandatory gear modifications,
or alternative fishing practices such as designated fishing days. Thus,
before the implementation of a time/area closure, NMFS would determine
that such a closure would be the best option for a given set of
management goals, consistent with the FMP, the Magnuson-Stevens Act,
and applicable law. Although NMFS decided at the time to not move
forward with an HMS PLL closure in the GOM given the implications
associated with redistribution of fishing effort, it stated its intent
to continue to pursue other alternatives to reduce bycatch in the GOM,
especially for BFT.
Since 2006, there have been additional regulatory and management
actions potentially affecting PLL vessels in the GOM. These include
Amendment 1 to the Consolidated HMS FMP (74 FR 28018, June 12, 2009),
which revised HMS Essential Fish Habitat and designated a new Habitat
Area of Particular Concern (HAPC) for BFT spawning areas in the GOM,
and implementation of a small closure to protect reef species in the
GOM named the ``Edges 40 Fathom Closure'' (74 FR 66585, December 16,
2009). There has also been a positive 90-Day Finding on a Petition to
List Atlantic Bluefin Tuna as Threatened or Endangered Under the ESA
(75 FR 57431, September 21, 2010), although this is a preliminary step
in any listing process. With regard to sea turtles, NMFS has recently
proposed to list the Northwest Atlantic loggerhead sea turtle as
``endangered'' under the ESA (75 FR 12598, March 16, 2010).
In the spring of 2007, observer coverage in the GOM was increased
to better characterize the interaction of the PLL fleet with BFT on the
spawning ground with coverage approaching 100 percent during the
spawning season (April to mid-June). In 2010, approximately 50 percent
of trips during the BFT spawning season were observed, which provides a
reliable estimate of bluefin tuna bycatch. Starting in 2007, the NMFS
Engineering and Harvesting Branch of the Southeast Fisheries Science
Center (SEFSC), Mississippi Laboratories, began conducting scientific
research in consultation and cooperation with the domestic PLL fleet in
the GOM to develop and assess the efficacy of new technologies for
reducing the bycatch mortality of BFT in the directed YFT fishery.
During the first year of the
[[Page 2318]]
research, experiments were conducted aboard the NOAA research vessel R/
V Gandy to collect data on the relative force exerted by BFT and YFT
when captured on PLL gear. Treatments of three different breaking
strengths of monofilament leader were tested to determine which leader
strength would effectively release BFT yet retain YFT. Based on
promising results that indicated certain monofilament leaders were
capable of releasing BFT of the sizes captured, NOAA researchers began
working with hook manufacturers to develop a hook design that has less
tensile strength than standard hook designs. Research conducted since
has continued to evaluate the efficacy of a weaker 16/0 circle hook in
reducing the bycatch of BFT by comparing it to a standard 16/0 circle
hook used in the PLL fishery during targeted fishing operations. (See
Research Experiment section below.)
Since January 1, 2007, shark limited access and swordfish limited
access permit holders who fish with longline or gillnet gear have been
required to attend a Protected Species Safe Handling, Release, and
Identification Workshop and submit a certificate to NMFS indicating
that they have attended a workshop in order to renew their shark and
swordfish permits. These mandatory workshops teach longline and gillnet
fishermen the required techniques for the safe handling and release of
entangled and/or hooked protected species, such as sea turtles, marine
mammals, and smalltooth sawfish. The overall goal of the workshops is
to provide fishermen with the skills needed to reduce the mortality of
protected species to meet the requirements of the 2004 PLL BiOp.
Approximately two workshops are held monthly in locations along the
Atlantic coast and the GOM. Over 100 workshops have been conducted
since 2006.
On April 20, 2010, an explosion and subsequent fire damaged the
Deepwater Horizon MC252 oil rig, which capsized and sank approximately
50 miles southeast of Venice, LA. Oil flowed for 86 days into the GOM
from a damaged well head on the sea floor. In response to the Deepwater
Horizon/BP oil spill, NMFS issued a series of emergency rules (75 FR
24822, May 6, 2010; 75 FR 26679, May 12, 2010; 75 FR 27217, May 14,
2010) closing a portion of the GOM exclusive economic zone (EEZ) to all
fishing. The fishery closures ranged in size from 6,817 sq. mi. (<4
percent of the U.S. GOM) on May 2, 2010, to 88,522 sq. mi. (approx. 37
percent of the U.S. GOM) on June 2, 2010. NMFS continues to adjust the
spatial dimensions of the fishery closed area as new information
becomes available regarding areas affected by oil. Information
regarding the current status of the oil spill related fishery closed
area may be found at http://sero.nmfs.noaa.gov/.
Status of BFT and Primary Target Species
Western Atlantic BFT Stock Assessment
ICCAT's SCRS conducted their latest BFT stock assessments in
September 2010. The text below (under the headings of ``State of the
Stock'' through ``Management Recommendations'') is quoted from the
executive summary of the western BFT stock assessment found in the
Report of the SCRS, Madrid, Spain, October 4-8, 2010. It is important
to note that in its summary text, the SCRS made reference to only a few
specific TAC levels and associated probabilities of success for
purposes of illustrating the chances of rebuilding the stock
(maintaining B above BMSY) through the rebuilding period and
preventing overfishing (maintaining F below FMSY) around
certain thresholds, under the low and high recruitment scenarios.
However, SCRS considered and presented a broad range of TACs under the
low recruitment, high recruitment, and combined scenarios in ``Kobe II
matrix'' tables that were part of the SCRS report. Note that the SCRS
uses the abbreviation ``t'' for tons; it is equivalent to mt.
``State of the Stock
``A new assessment was conducted this year, including
information through 2009. The most influential change since the 2008
assessment was the use of a new growth curve that assigns fish above
120 cm to older ages than did the previous growth curve. As a
result, the base model estimates lower fishing mortality rates and
higher biomasses for spawners, but also less potential in terms of
the maximum sustainable yield. The trends estimated during the 2010
assessment are consistent with previous analyses in that spawning
stock biomass (SSB) declined steadily from 1970 to 1992 and has
since fluctuated between 21 percent and 29 percent of the 1970
level. In recent years, however, there appears to have been a
gradual increase in SSB from the low of 21 percent in 2003 to an
estimated 29 percent in 2009. The stock has experienced different
levels of fishing mortality (F) over time, depending on the size of
fish targeted by various fleets. Fishing mortality on spawners (ages
9 and older) declined markedly after 2003.
``Estimates of recruitment were very high in the early 1970s,
and additional analyses involving longer catch and index series
suggest that recruitment was also high during the 1960s. Since 1977,
recruitment has varied from year to year without trend with the
exception of a strong year-class in 2003. The 2003 year-class is
estimated to be the largest since 1974, but not quite as large as
those prior to 1974. The 2003 year class is expected to begin to
contribute to an increase in spawning biomass after several years.
The Committee expressed concern that the year-class estimates
subsequent to 2003, while less reliable, are the lowest on record.
``A key factor in estimating maximum sustainable yield (MSY)-
related benchmarks is the highest level of recruitment that can be
achieved in the long term. Assuming that average recruitment cannot
reach the high levels from the early 1970s, recent F (2006-2008) is
70 percent of the MSY level and SSB2009 is about 10
percent higher than the MSY level. Estimates of stock status are
more pessimistic if a high recruitment scenario is considered (F/
FMSY=1.9, B/BMSY=0.15).
``One important factor in the recent decline of fishing
mortality on large BFT is that the TAC had not been taken during
this time period until 2009, due primarily to a shortfall by the
United States fisheries (until 2009). Two plausible explanations for
the shortfall were put forward previously by the Committee: (1) That
availability of fish to the United States fishery has been
abnormally low, and/or (2) the overall size of the population in the
Western Atlantic declined substantially from the level of recent
years. While there is no overwhelming evidence to favor either
explanation over the other, the base case assessment implicitly
favors the first hypothesis (regional changes in availability) by
virtue of the estimated increase in SSB. The decrease indicated by
the U.S. catch rate of large fish is matched by an increase in
several other large fish indices. Nevertheless, the Committee notes
that there remains substantial uncertainty on this issue and more
research needs to be done.
``The SCRS cautions that the conclusions of this assessment do
not capture the full degree of uncertainty in the assessments and
projections. An important factor contributing to uncertainty is
mixing between fish of eastern and western origin. Limited analyses
were conducted of the two stocks with mixing in 2008, but little new
information was available in 2010. Based on earlier work, the
estimates of stock status can be expected to vary considerably
depending on the type of data used to estimate mixing (conventional
tagging or isotope signature samples) and modeling assumptions made.
More research needs to be done before mixing models can be used
operationally for management advice. Another important source of
uncertainty is recruitment, both in terms of recent levels (which
are estimated with low precision in the assessment), and potential
future levels (the ``low'' vs. ``high'' recruitment hypotheses which
affect management benchmarks). Improved knowledge of maturity at age
will also affect the perception of changes in stock size. Finally,
the lack of representative samples of otoliths requires determining
the catch at age from length samples, which is imprecise for larger
BFT.
``Outlook
``A medium-term (10-year) outlook evaluation of changes in
spawning stock size and yield over the remaining rebuilding period
under various management options was conducted. Future recruitment
was
[[Page 2319]]
assumed to fluctuate around two alternative scenarios: (i) Average
levels observed for 1976-2006 (85,000 recruits, the low recruitment
scenario) and (ii) levels that increase as the stock rebuilds (MSY
level of 270,000 recruits, the high recruitment scenario). The
Committee has no strong evidence to favor either scenario over the
other and notes that both are reasonable (but not extreme) lower and
upper bounds on rebuilding potential.
``The outlook for BFT in the West Atlantic with the low
recruitment scenario (is more optimistic with respect to current
stock status than that from the 2008 assessment (owing to the use of
improved information on the growth of BFT). A total catch of 2,500 t
is predicted to have at least a 50 percent chance of achieving the
convention objectives of preventing overfishing and maintaining the
stock above the MSY level. The outlook under the high recruitment
scenario is more pessimistic than the low recruitment scenario since
the rebuilding target would be higher; a total catch of less than
1,250 t is predicted to maintain F below FMSY, but the
stock would not be expected to rebuild by 2019 even with no fishing.
``[The Kobe II matrices] summarize the estimated chance that
various constant catch policies will allow rebuilding under the high
and low recruitment scenarios for the base-case. The low recruitment
scenario suggests the stock is above the MSY level with greater than
60 percent probability and catches of 2,500 t or lower will maintain
it above the MSY level. If the high recruitment scenario is correct,
then the western stock will not rebuild by 2019 even with no catch,
although catches of 1,100 t or less are predicted to have a 60
percent chance to immediately end overfishing and initiate
rebuilding. The Committee notes that considerable uncertainties
remain for the outlook of the western stock, including the effects
of mixing and management measures on the eastern stock.
``Effects of current regulations
``The Committee previously noted that Recommendation 06-06 was
expected to result in a rebuilding of the stock towards the
convention objective, but also noted that there has not yet been
enough time to detect with confidence the population response to the
measure. This statement is also true for Recommendation 08-04, which
was implemented in 2009. Some of the available fishery indicators as
well as the current assessment suggest the spawning biomass of
western BFT may be slowly rebuilding.
``Management recommendations
``In 1998, the Commission initiated a 20-year rebuilding plan
designed to achieve BMSY with at least 50 percent
probability. In response to recent assessments, in 2008 the
Commission recommended a total allowable catch (TAC) of 1,900 t in
2009 and 1,800 t in 2010 [Rec. 08-04].
``The current (2010) assessment indicates similar historical
trends in abundance as in previous assessments. The strong 2003 year
class has contributed to stock productivity such that biomass has
been increasing in recent years.
``Future stock productivity, as with prior assessments, is based
upon two hypotheses about future recruitment: A `high recruitment
scenario'' in which future recruitment has the potential to achieve
levels that occurred in the early 1970's and a ``low recruitment
scenario'' in which future recruitment is expected to remain near
present levels. Results in previous assessments have shown that long
term implications of future biomass are different between the two
hypotheses and this research question remains unresolved. However,
the current (2010) assessment is also based on new information on
western BFT growth rates that has modified the Committee's
perception of the ages at which spawning and maturity occur.
Maturity schedules remain very uncertain, and, thus, the application
of the new information in the current (2010) assessment accentuates
the differences between the two recruitment hypotheses.
``Probabilities of achieving BMSY within the
Commission rebuilding period were projected for alternative catch
levels. The ``low recruitment scenario'' suggests that biomass is
currently sufficient to produce MSY, whereas the ``high recruitment
scenario'' suggests that BMSY has a very low probability
of being achieved within the rebuilding period. Despite this large
uncertainty about the long term future productivity of the stock,
under either recruitment scenario current catches (1,800 t) should
allow the biomass to continue to increase. Also, catches in excess
of 2,500 t will prevent the possibility of the 2003 year class
elevating the productivity potential of the stock in the future.
``The SCRS notes that the 2010 assessment is the first time that
this strong 2003 year-class has been clearly demonstrated, likely as
a result of age assignment refinements resulting from the growth
curve and additional years of data; more observations from the
fishery are required to confirm its relative strength. A further
concern is that subsequent year-classes, although even less well
estimated, are the lowest observed values in the time series. The
Commission may wish to protect the 2003 year class until it reaches
maturity and can contribute to spawning. Maintaining catch at
current levels (1,800 t) may offer some protection.
``As noted previously by the Committee, both the productivity of
western Atlantic BFT and western Atlantic BFT fisheries are linked
to the eastern Atlantic and Mediterranean stock. Therefore,
management actions taken in the eastern Atlantic and Mediterranean
are likely to influence the recovery in the western Atlantic,
because even small rates of mixing from East to West can have
significant effects on the West due to the fact that Eastern plus
Mediterranean resource is much larger than that of the West.''
ICCAT's 2010 Western Atlantic BFT Recommendation
At its November 2010 meeting, ICCAT adopted a measure for western
Atlantic BFT that, among other things, reduced the TAC from 1,800 mt to
1,750 mt for both the 2011 and 2012 fishing seasons--a 2.8 percent
reduction overall. The Kobe II matrices show that, under the low
recruitment scenario, the new TAC has a 99 percent probability of
maintaining the fishing mortality of western bluefin tuna for 2011 and
2012 below the fishing mortality associated with MSY and a 95 percent
probability of maintaining the stock above the biomass that will
support MSY (BMSY) through the end of the rebuilding period,
i.e., by 2019. Under the combined scenario, the TAC has a 54 percent
probability of ending overfishing within 2 years and a 48 percent
probability of rebuilding the stock to the BMSY level by the
end of the rebuilding period. Under the high recruitment scenario, the
TAC has an 8 percent probability of ending overfishing within two years
and a zero chance of rebuilding the stock to the BMSY level
by the end of the rebuilding period. Under any scenario, the agreed TAC
is expected to support continued stock growth if compliance with agreed
rules remains strong.
The 2010 ICCAT western Atlantic BFT recommendation is scheduled to
enter into force in June 2011. NMFS plans to implement the U.S. portion
of the TAC in the spring of 2011 via proposed and final rulemaking to
set quotas for the domestic fishing categories.
BFT and the Gulf Oil Spill
Data are not available, at this time, to demonstrate any specific
effects of the Deepwater Horizon/BP oil spill on the BFT, YFT,
swordfish, or other HMS resources. However, it is possible that the oil
spill could have impacts on fish eggs and larval stages of species
(including BFT, YFT, swordfish, and other highly migratory species that
occur in the GOM). Oil from the spill has dispersed on the surface as
well as deep within the water column, but in the time since the well
head was capped, oil has disappeared from some areas. BFT spawn from
April to mid-June. Oil that was present in surface waters could have
affected the survival of eggs and larvae and affected recruitment.
Effects on the physical environment such as low oxygen and the inter-
related effects that culminate and magnify through the food web could
lead to impacts on the ability of larvae and post-larvae to survive,
even if they never encountered oil. In addition, effects of oil
exposure may not always be lethal, but can create sub-lethal effects on
the eggs, larva, and early life stages of fish. There is the potential
that the stressors can be additive, and each stressor may increase the
susceptibility to the harmful effects of the other. Conversely,
juvenile BFT, YFT, swordfish, and most other HMS
[[Page 2320]]
are pelagic in nature, have a fast growth rate, and quickly gain the
ability to swim over long distances. This capability may allow juvenile
HMS to avoid areas of concentrated oil. In addition, there would be
less potential impacts to HMS juveniles and adults if oil remains on
the surface, continues to wash ashore, or continues to decompose to
non-lethal levels.
Atlantic Yellowfin Tuna Stock Assessment
As described above, the GOM PLL fishery targets YFT and, to a
lesser extent, swordfish. These species, along with BFT and others, are
managed by ICCAT. The ICCAT SCRS conducted a full stock assessment for
YFT in 2008, applying both an age-structured model and a non-
equilibrium production model to the available catch data through 2006.
In summary, 2006 catches were estimated to be well below MSY levels,
stock biomass was estimated to be near the Convention Objective (near
BMSY or the level of biomass that can sustain MSY) and
fishing mortality rates somewhat below FMSY. Trends through
2006 indicate declining effective effort and some recovery of stock
levels. However, when the uncertainty around the point estimates from
both models is taken into account, there was still about a 60 percent
chance that stock status was not consistent with Convention Objectives.
North Atlantic Swordfish Stock Assessment
The current SCRS results for swordfish indicate that the stock is
at or above BMSY. The estimated relative biomass trend shows
a consistent increase since 2000. The relative trend in fishing
mortality shows that the level of fishing peaked in 1995, followed by a
decrease until 2002, followed by small increase in the 2003-2005 period
and downward trend since then. Fishing mortality has been below
FMSY since 2005. The results suggest that there is a greater
than 50 percent probability that the stock is at or above
BMSY, and thus ICCAT's rebuilding objective has been
achieved. However, it is important to note that, since 2003, the
catches have been below the TAC, greatly increasing the chances for a
fast recovery. Overall, the stock was estimated to be somewhat less
productive than the previous assessment, with the intrinsic rate of
increase, r, estimated at 0.44 compared to 0.49 in 2006.
GOM PLL Fishery
The PLL fishery for Atlantic HMS primarily targets swordfish, YFT,
and bigeye tuna in various areas and seasons. Secondary target species
include dolphin (fish), albacore tuna, and, to a lesser degree, sharks.
Although PLL gear can be modified (e.g., depth of set, hook type, hook
size, bait, etc.) to target swordfish, tunas, or sharks, it is
generally a multi-species fishery. These vessel operators are
opportunistic, switching gear style and making subtle changes to target
the fish providing the most economic benefit for each individual trip.
PLL gear sometimes attracts and hooks non-target finfish with little or
no commercial value, as well as species that cannot be legally retained
by commercial fishermen, such as billfish. PLL gear may also interact
with protected species such as marine mammals, sea turtles, and
seabirds. Thus, this gear has been classified as a Category I fishery
with respect to the Marine Mammal Protection Act (MMPA). Any species
(or undersized catch of permitted species) that cannot be legally
landed is required to be released, regardless of whether the catch is
dead or alive.
The U.S. PLL fishery has historically been comprised of five
relatively distinct segments with different fishing practices and
strategies. These segments are: (1) The GOM YFT fishery; (2) the South
Atlantic-Florida east coast to Cape Hatteras swordfish fishery,
although historical catches have decreased because of the Florida East
Coast and Charleston Bump time/area closures; (3) the Mid-Atlantic and
New England swordfish and bigeye tuna fishery; (4) the U.S. distant
water swordfish fishery; and, (5) the Caribbean Islands tuna and
swordfish fishery. In addition to geographical area, these segments
have historically differed by percentage of various target and non-
target species, gear characteristics, and deployment techniques. Some
vessels fish in more than one fishery segment during the course of a
year. Due to the various changes in the fishery (i.e., regulations,
operating costs, market conditions, species availability, etc.) the
fishing practices and strategies of these different segments may change
over time.
GOM vessels primarily target YFT year-round; however, a handful of
these vessels directly target swordfish, either seasonally or year-
round. Longline fishing vessels that target YFT in the GOM also catch
and sell dolphin (fish), swordfish, other tunas, and sharks. During YFT
fishing, few swordfish are captured incidentally. Many of these vessels
participate in other GOM fisheries (targeting shrimp, shark, and
snapper/grouper) during allowed seasons. Home ports for this fishery
include, but are not limited to, Madiera Beach, FL; Panama City, FL;
Dulac, LA; and Venice, LA.
Research Experiment
NMFS, Engineering and Harvesting Branch of the Southeast Fisheries
Science Center (SEFSC), Mississippi Laboratories, worked with the GOM
PLL fleet from 2007-2010, to collaboratively develop technology to
address a growing concern about bycatch mortality of spawning BFT.
Research efforts focused on how to take advantage of the difference in
the relative larger size of spawning bluefin as compared to the target
species, YFT. NMFS researchers worked with hook manufacturers to
develop a hook design that has less tensile strength than standard hook
designs. Research conducted in 2008-2010 evaluated the efficacy of a
weaker 16/0 circle hook in reducing the bycatch of BFT by comparing it
to a standard 16/0 circle hook used in the PLL fishery.
The control treatment was an industry standard Mustad 16/0 circle
hook (model 39960D) with 0[deg] of offset, constructed of 4.0 mm steel
wire with Duratin coating. The experimental treatment was a custom made
Mustad 16/0 circle hook (model 39988D) with 0[deg] of offset,
constructed from 3.65 mm steel wire with Duratin coating. Experimental
hooks and standard 16/0 circle hooks were alternated on the longline
during sets. Other than the experimental design requirements, captains
were allowed to fish normally and chose the location of fishing, length
of trips, total number of hooks fished, etc. All vessels participating
in the experiment carried NMFS trained observers who collected fishery
data as described by the SEFSC PLL Observer Program. Over the course of
the study from 2008-10, data was collected from six vessels completing
34 trips with 311 PLL sets deploying 198,606 total hooks (99,303 of
each hook type).
A total of 33 BFT were caught during the experiment, of which 10
were caught on the experimental hook for a statistically significant
reduction of 56.5 percent compared to the control hook (95 percent
confidence interval (CI) = 8.7 percent to 79.3 percent). Vessels landed
a total of 2,065 YFT, of which 1,016 were caught on the experimental
hook for a reduction of 3.2 percent (95 percent CI = 11.2 percent to -
5.6 percent; a negative number denotes an increase), which was not
statistically significant. Not all YFT caught are retained for sale
mainly due to some fish not meeting the minimum size limit. The
difference in YFT retained for sale between the control and
experimental hooks was analyzed and
[[Page 2321]]
showed a reduction of 7.0 percent (95 percent CI = 15.6 percent to -2.5
percent), which was not statistically significant.
The total swordfish catch per unit effort (CPUE) (number of fish
per 1,000 hooks) for the control and experimental hooks (1.21 and 1.15,
respectively) were not significantly different. The difference in the
catch of swordfish retained for sale (0.34 control and 0.20
experimental) was not statistically significant. The difference in
CPUEs for the control and experimental hooks for wahoo (1.48 and 1.09
respectively) was statically significant. The difference in CPUEs for
dolphin fish (4.25 and 3.93 respectively) and escolar (1.81 and 1.78
respectively) were not significantly different. A total of 96 white
marlin and roundscale spearfish combined were caught and discarded with
38 and 58 fish caught on the control and experimental hook,
respectively, for an increase of 52.7 percent that was marginally
significant.
The data presented suggest a weaker circle hook design may have the
potential to mitigate bycatch mortality of BFT with minimal reduction
in the retention of the YFT target catch and some potential reduction
in swordfish retained. The evaluation of the condition of hooks that
caught BFT shows that BFT interaction with control hooks (the currently
required hook/industry standard) commonly results in deformation of the
hook. These observations suggest some portion of the 53 straightened
control hooks that resulted in fish escapement were likely due to BFT
interactions.
There are several factors that contribute to the application of the
level of force necessary to straighten a hook during the interactions
with animals. It would be difficult to assess all of these factors.
This research has shown that YFT weight is a contributing factor. It is
reasonable to suspect the same is true for BFT. Other factors which may
influence the level of force exerted on a hook by an animal during
interaction include: Water temperature, currents, fishing depth, hooks
between floats, distance to the nearest float, interaction with other
animals on the longline, and vessel hauling practices.
The retention rate of YFT with the experimental hook was highly
variable among the vessels participating in the experiment. The two
vessels with the highest reduction of YFT also had the highest rate of
fish escapement due to straightened experimental hooks. Attempts were
made to standardize the gear configurations as much as possible during
this fishery dependant research. Therefore, it is probable that
variability in YFT retention rates was a result of the variability in
hauling practices. NMFS anticipates that this variability in the
performance of the new hook design will be reduced over time as
fishermen become more familiar with fishing with the weak hook. As with
any new conservation technology, minor adjustments in fishing practices
are often needed in order to optimize the gear performance. However,
the majority of the vessels involved with the study continue to use the
new hook design. Additional vessels, not involved in the study, have
purchased the experimental hook for use. Additional research will
improve the statistical precision and confidence of the results and, if
conducted on a year round basis, will help evaluate possible temporal
effects of the weak hook on the target catch.
Weak Hook Implementation in the PLL Fishery
In this proposed rule, NMFS proposes to require all PLL vessels
fishing in the GOM to use weak hooks. This alternative would limit
vessel operators participating in the Atlantic HMS PLL fishery in the
GOM, at all times, to possess and/or use only weak hooks immediately
upon the effective date of the action. A weak hook would be defined as
a circle hook, meeting current size and offset restrictions,
constructed of only round wire stock that is no larger than 3.65 mm in
diameter. All other existing requirements for the GOM PLL fishery would
remain in effect including, but not limited to: Existing hook size and
shape requirements; existing bait requirements; existing time/area
closures and live bait restrictions in the GOM PLL fishery; and
existing possession and use requirements for bycatch mitigation gear,
as well as sea turtle handling and release training and guidelines
currently specified by NMFS. The fishery would continue to comply with
all requirements of existing biological opinions.
The agency would conduct simultaneously an outreach program and
work with dealers and vessel operators to educate and ensure the
requirement is understood and implemented. Research programs would
continue to determine the effect on bycatch and discard mortality of
BFT and other bycatch, as well as target catches.
Assuming similar reductions from gear modifications as reflected in
the GOM PLL BFT mitigation research, implementation of weak hooks could
reduce the bycatch of BFT in the GOM PLL fishery by approximately 56.5
percent. This would likely result in a reduction in the number of BFT
caught in the GOM from an annual average of 285 individual fish from
2006-2009 to approximately 124 individual fish. Reductions in
interactions of this magnitude could have positive impacts on the BFT
population by minimizing bycatch of spawning BFT, and thus bycatch
mortality due to incidental interactions with PLL gear. Post-release
mortality is expected to be reduced because BFT straighten the weak
hooks relatively quickly after being caught and likely do not incur as
high a level of metabolic stress as when the fish stay on the hook
until being retrieved upon haul-back of the gear. Due to the fact that
BFT have the highest level of energy available at the moment when they
become hooked, NMFS suspects that escapement occurs soon after hook-up.
Years of observer data and research fishing have shown that most BFT
are dead upon haul-back of PLL gear set in the GOM. A reduction in the
number of BFT captured incidentally by PLL operations in the GOM could
possibly save 124 spawning BFT annually. Some positive ecological
impacts may be realized in the near future if the weak hook is
implemented prior to the 2011 spawning season. Rapid implementation
could aid in the survival of the large 2003 year class identified by
the ICCAT SCRS as warranting particular management attention. Enhanced
survival of spawners from this year class may improve spawning success
and size of subsequent year classes, ultimately increasing stock
biomass.
While research results indicated a reduction in BFT bycatch, the
results indicated a 52.7 percent increase in bycatch of white marlin
and roundscale spearfish, combined, with the use of weak hooks as
compared to the catch rate of the standard circle hook currently used
by the GOM PLL fleet. The weak hook research indicated an increase of
52.7 percent in white marlin/roundscale spearfish catch, and this
analysis assumes that the increase in catch would be proportionally the
same for live discards and dead discards, thus representing a 52.7
percent increase in each. For the purposes of this analysis, NMFS
assumes a 52.7 percent increase in dead discards. White marlin are
considered to be overfished, although much uncertainty exists about the
current population status due in part to confusion of white marlin with
roundscale spearfish in various databases. Roundscale spearfish were
recently recognized as a distinct, separate species (75 FR 57698;
[[Page 2322]]
September 22, 2010). The status of roundscale spearfish stocks is
unknown. NMFS determined that listing white marlin as endangered or
threatened under the ESA was not warranted in both 2002 and 2008.
According to logbook data, the average annual bycatch of white
marlin in the GOM PLL fishery from 2006-2009 was 299 individual fish.
With weak hook use in the GOM, the expected catch of white marlin in
the GOM PLL fishery could increase by 158 to approximately 457
individual white marlin, annually. Due to the difficulty of
distinguishing roundscale spearfish from white marlin, it is likely
that some roundscale spearfish are included in the reporting of white
marlin catches. Therefore, the estimate of additional white marlin
catch would likely be a combination of white marlin and roundscale
spearfish.
According to observer data, white marlin dead discards in the GOM
PLL fishery in 2009 were 13,200 lbs, which equates to 275 individual
fish (using the 2008 average white marlin dead discard weight of 48
lbs). NMFS fishery observers are trained to distinguish white marlin
from roundscale spearfish; therefore, it is likely that roundscale
spearfish are not included in the white marlin dead discard data for
2009. If white marlin dead discards increase by 52.7 percent (as found
during research fishing), an additional 144 white marlin could be
discarded dead. There may also be some additional roundscale spearfish
dead discards that could occur with the use of weak hooks; however,
NMFS is unable to provide an estimate at this time. NMFS found no
significant difference in bycatch of blue marlin or sailfish while
using industry standard circle hooks and the experimental weak hook on
PLL gear in the GOM.
With regard to target species and other marketable catch, data from
the GOM PLL BFT mitigation research indicate that the experimental weak
hook facilitates the release of BFT but also decreases YFT and
swordfish catch by 3.2 percent and 5.0 percent, respectively. The
reduction in catch for YFT and swordfish was not statistically
significant. Further, use of the weak hook may decrease the number of
YFT and swordfish retained for sale (meaning fish equal to or larger
than the minimum size) by 7.0 percent and 41.2 percent, respectively.
The reductions in fish retained for sale were not statistically
significant. With use of the weak hook, the number of wahoo caught may
decrease by 26.6 percent. The results for pelagic and large coastal
sharks were not significant; although, observations were mixed with
reduction in catch observed for some species and increases in catch for
others. These uncertain results are likely due to low numbers of
observations during the experiment. The results of the weak hook study
for species with low sample size (<10 individuals) cannot be relied
upon to determine the effects of using the experimental hook.
With the use of weak hooks in the GOM PLL fishery, potential
decreases in YFT, swordfish, and wahoo catches, by number of fish, may
have positive ecological benefits for all three species by leaving more
sexually mature individuals in the ecosystem. Decreased YFT and
swordfish catches may have negative ecological impacts for species
known to interact with PLL gear if an increase in fishing effort occurs
in order to offset reduced YFT catches. Increased effort may result in
an increase in bycatch and bycatch mortality of non-target species,
including billfish and protected resources. With the use of weak hooks,
potential decreases in lancetfish bycatch by 14.8 percent (which was
statistically significant) may have positive ecological benefits for
lancetfish by leaving more fish in the ecosystem to reproduce.
A reduction in catch of some pelagic and large coastal sharks did
occur with the experimental hook; although only a few observations were
recorded and the reduction was not statistically significant. If some
reduction in catch of pelagic or large coastal sharks actually occurs
with the use of weak hooks, some unquantifiable positive ecological
benefits for pelagic and large coastal sharks may occur due to the
reduction in marketable sharks retained.
The use of weak hooks in the GOM PLL fishery would continue to
provide positive ecological impacts, similar to the existing required
standard circle hook, by facilitating the removal of fishing gear,
which is expected to increase post-hooking survival of species caught
incidentally to target fishing operations, including protected species.
Additionally, anecdotal reports from scientists that conducted the weak
hook study indicated that the weak hook was easier to dislodge from
incidentally captured/foul hooked leatherback sea turtles than the
currently required standard circle hook.
Magnuson-Stevens Act National Standard 9 was identified in the 2006
Consolidated HMS FMP along with National Standard 1 as priority
management goals for HMS fisheries, particularly the Atlantic PLL
fishery. National Standard 9 states that ``conservation and management
measures shall, to the extent practicable, (A) minimize bycatch and (B)
to the extent bycatch cannot be avoided minimize the mortality of such
bycatch.'' National Standard 9 applies to all species and fisheries.
National Standard 1 states that ``Conservation and management measures
shall prevent overfishing while achieving, on a continuing basis, the
optimum yield from each fishery for the United States fishing industry.
The 2006 HMS FMP analysis of alternatives for time area closures and
combinations of closures showed higher bycatch levels for some species
and lower for others. NMFS did not prefer any new closures in the 2006
Consolidated HMS FMP, except the complementary measures in the Madison-
Swanson and Steamboat Lumps Marine Reserves, and did not modify any
closures at that time primarily because no closure alternative or
combination of alternatives would substantially reduce the bycatch of
all species considered, assuming redistribution of effort, and address
other goals of the FMP, including minimizing any negative impacts.
This proposed action is expected to reduce BFT bycatch. The recent
NMFS weak hook study was conducted in response to concerns for spawning
age BFT PLL post release survivability in the GOM and provides
information that may help to reduce bycatch and bycatch mortality of
spawning age BFT. Preliminary results of the study showed a reduction,
no change, or inconclusive results in the bycatch of species caught on
PLL gear in the GOM except for an increase in bycatch of white marlin
and roundscale spearfish. NMFS does not believe that this increase is
likely to have population or ecosystem effects for those species
because the predicted increase of 144 white marlin (or 1.05 mt in 2009
at 48 lb per fish) dead discards represents less than 0.8 percent of
the total amount of international white marlin catch (which includes
recreational landings and commercial dead discards) in the North
Atlantic (406 mt in 2009). Due to misidentification of roundscale
spearfish as white marlin, the total of white marlin international
catch also includes some roundscale spearfish and, as such, indicates
that any potential increase in roundscale spearfish that might occur in
the GOM PLL fishery as a result of this proposed action should be very
small in relation. In addition, NMFS already has comprehensive
regulations in place to conserve these species in its domestic
fisheries. Under current regulations, PLL vessels are not allowed to
retain white marlin/roundscale spearfish, and any that are captured
must be released alive or
[[Page 2323]]
discarded if dead. Additionally, PLL vessels are currently required to
possess and use protected species safe handling and release gears and
techniques that aid in releasing hooked animals, including white
marlin, and maximize post-release survival without removing the fish
from the water. Most white marlin/roundscale spearfish that are hooked
are released alive. Beyond PLL vessels, current regulations also
include a ban on retention on all commercial fishing vessels, observer
coverage and mandatory reporting on commercial fishing vessels, a
recreational size limit, and an annual 250 marlin landings limit in
recreational fisheries.
If this proposed action was finalized, NMFS would continue research
with weak hook technology and closely monitor white marlin and
roundscale spearfish catch through observer coverage in the fishery.
Should the increased catches of white marlin and roundscale spearfish
continue, NMFS would investigate potential mitigation measures that
might be implemented if necessary to reduce the catches and/or reduce
the bycatch mortality associated with the catches. Such measures could
include adopting a seasonal application of the weak hook, modification
or removal of the weak hook requirement or other measures as necessary
and appropriate. NMFS would closely monitor fleet activities and catch
statistics and consider making management measures adjustments,
including use of inseason management authority, should the data
warrant. Given the conservation and management measures in place and
continued research and monitoring, and taking into account the National
Standard 9 Guidelines, NMFS believes that this proposed rule minimizes
bycatch and bycatch mortality to the extent practicable.
Implementation of weak hooks in the GOM PLL fishery would be
expected to have moderate negative social and economic impacts in the
short-term for those vessels able to successfully utilize the weak hook
when fishing with PLL for YFT and other species in the GOM and greater
temporary negative economic impacts for those vessels that are unable
to quickly alter their fishing techniques to successfully utilize the
weak hook technology. NMFS gear researchers have found that fishermen
participating in research tend to work through a learning curve with
new technology and generally improve their performance with a
particular gear over time.
As mentioned above, a reduction in catch of some pelagic and large
coastal sharks did occur with the experimental hook; although only a
few observations were recorded and the reduction was not statistically
significant. If some reduction in catch of pelagic or large coastal
sharks actually occurs with the weak hook, some unquantifiable negative
economic impacts may occur due to the reduction in marketable sharks
retained. Conversely, some unquantifiable economic benefits may result
if fishing efficiency increases and fishermen lose less fishing time
clearing lines and handling large unmarketable sharks. Additionally,
fishermen may experience a reduction in economic losses due to damaged
or lost fishing gear.
A probability analysis of the potential change in numbers of BFT
incidentally caught, but allowed to be retained due to target catch
tolerances, showed only a small reduction with the use of the weak
hook. Because only a small portion of the BFT caught are available for
landing, the 56.5 percent reduction in catch observed with the weak
hook design will not likely result in a 56.5 percent reduction in
landings. The majority of trips that landed BFT actually caught more
than twice as many BFT as they landed. Therefore, for a majority of
trips, the new hook design will not affect the opportunity for vessels
to land the allowable number of BFT under existing regulations. The
probability analysis used observer data from 2009 and 2010, and
estimated any changes in landings that might have occurred if the weak
hook had been used. There were 68 observed trips in 2009 and 34 trips
observed in 2010 during the BFT tuna observer coverage period. The
estimates are based on 2009 and 2010 non-experimental data where 320
BFT were caught with 47 landed during observed trips in 2009, and 115
BFT were caught with 12 landed during observed trips in 2010. The
maximum number of BFT caught during a trip was 18 and the maximum
number of BFT landed from a trip was two. Results show that use of the
weak hook is predicted to decrease the number of BFT retained by only
14 percent (i.e., from 59 observed landings to 51 predicted) with the
use of weak hooks. This minor reduction in landings would likely result
in minimal negative economic impacts.
The use of weak hooks in the GOM PLL fishery is predicted to have
indirect positive economic and social impacts to both the PLL fishery
and on the targeted BFT fishery. In past years, the PLL fishery has
landed and discarded dead BFT substantially in excess of its allocated
quota. If landings and discards can be brought more into alignment with
FMP sub-quotas, then management actions with likely substantial
negative impacts, such as closure of the PLL fishery, may not need to
be considered for quota management purposes. Exceeding PLL allocated
incidental quotas (landings and dead discards) has also meant that the
BFT sub-quotas have had to be reallocated from prior year underage, the
reserve, or directed categories with underharvest to ensure the United
States does not exceed its total ICCAT allocated quota. In the near
future, however, NMFS may not have the same ability to reallocate quota
if ICCAT quotas decrease and directed BFT categories fully meet their
own individual quota allocations. The anticipated increased
availability of adult (and greater than or equal to the commercial
minimum size limit of 73 inches curved fork length) BFT as the strong
2003 year class continues to mature increases the likelihood of, not
only increased landings from directed fishing categories, but increased
incidental interactions with PLL gear as well. Unless incidental BFT
catch is brought into alignment with the available BFT incidental PLL
quota, it is possible that quota may need to be transferred from
directed quota categories resulting in early closures and negative
social and economic impacts to these directed BFT fisheries or that the
PLL fishery would have to be closed prior to the end of the fishing
year.
Request for Comments
Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax. Comments may also be submitted at a
public hearing (see Public Hearings and Special Accommodations below).
NMFS solicits comments on this proposed rule by February 12, 2011 (see
DATES and ADDRESSES).
NMFS will hold three public hearings for this proposed rule. The
meeting times, dates, and locations follow. All meetings will begin
with an opportunity for individuals to receive information and ask
questions about the GOM PLL BFT Mitigation Research followed by a
public hearing.
1. February 7, 2011, 2 p.m. to 5 p.m. Eastern Standard Time (EST),
NOAA Science Center, 1301 East-West Highway, Silver Spring, MD, 20910.
2. February 9, 2011, 5 p.m. to 8 p.m. Central Standard Time (CST),
NMFS Panama City Laboratory, 3500 Delwood Beach Road, Panama City, FL,
32408
3. February 10, 2011, 5 p.m. to 8 p.m. CST, Hilton New Orleans
Airport Hotel, 901 Airline Drive, Kenner, LA, 70062
An operator-assisted conference call will be held to receive
comments from
[[Page 2324]]
HMS Advisory Panel members on February 8, 2011, from 2 p.m. to 4 p.m.
EST (phone number 888-989-6419; participant code 3557004). This will be
a conference call to hear comments from HMS Advisory Panel members;
however, the public is invited to participate, and this is not an HMS
Advisory Panel meeting. Priority will be given to comments from the
Advisory Panel and comments from the general public will be heard as
time allows.
The hearings will be physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Peter Cooper at (301) 713-2347 at
least 7 days prior to the hearing date. The public is reminded that
NMFS expects participants at the public hearings to conduct themselves
appropriately. At the beginning of each public hearing, a
representative of NMFS will explain the ground rules (e.g., alcohol is
prohibited from the hearing room; attendees will be called to give
their comments in the order in which they registered to speak; each
attendee will have an equal amount of time to speak; and attendees
should not interrupt one another). The NMFS representative will attempt
to structure the meeting so that all attending members of the public
will be able to comment, if they so choose, regardless of the
controversial nature of the subject(s). Attendees are expected to
respect the ground rules, and, if they do not, they will be asked to
leave the hearing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the proposed rule is
consistent with the 2006 Consolidated HMS FMP and its amendments, other
provisions of the MSA, ATCA, and other applicable law, subject to
further consideration after public comment.
NMFS prepared an environmental assessment for this rule that
discusses the impact on the environment as a result of this rule. In
this proposed action, NMFS is considering requiring the use of weak
hooks by PLL vessels fishing in the GOM. This measure is meant to
provide a new gear technology for PLL vessels to continue routine
fishing operations in the GOM on directed fisheries such as YFT while
increasing the live release of incidentally caught Atlantic BFT to
further stock recovery of this overfished species. A copy of the
environmental assessment is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA (RFA). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
summary of the analysis follows. A copy of this analysis is available
from NMFS (see ADDRESSES).
In compliance with section 603(b)(1) of the Regulatory Flexibility
Act, the purpose of this proposed rulemaking is, consistent with the
Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its
amendments, to further BFT stock recovery by increasing live releases
of incidentally caught BFT and adding flexibility by providing a new
gear technology for PLL vessels to continue routine fishing operations
in the GOM.
In compliance with section 603(b)(2) of the Regulatory Flexibility
Act, the objectives of this proposed rulemaking are to: (1) Enhance
stock rebuilding by increasing BFT spawning potential and subsequent
recruitment into the fishery, (i.e., rapidly implement the proposed
action to increase the survival of spawning BFT in 2011 in the GOM
particularly the 2003 year class); (2) constrain PLL BFT catch to the
incidental BFT quota allocation; (3) allow the PLL fleet to continue to
participate in their directed fisheries (e.g., YFT and swordfish) year-
round with less risk of fishery interruption due to insufficient
incidental quota availability (i.e., minimize negative social and
economic impacts to the PLL directed fisheries); (4) reduce the need
for BFT quota reallocation from directed fisheries or the Reserve to
cover PLL BFT bycatch (i.e., minimize negative and social impacts to
BFT directed fisheries); and (5) minimize negative ecological impacts
on non-target or protected species.
Section 603(b)(3) requires Federal agencies to provide an estimate
of the number of small entities to which the rule would apply. NMFS
considers all HMS permit holders to be small entities because they
either had average annual receipts less than $4.0 million for fish-
harvesting, average annual receipts less than $6.5 million for charter/
party boats, 100 or fewer employees for wholesale dealers, or 500 or
fewer employees for seafood processors. These are the Small Business
Administration (SBA) size standards for defining a small versus large
business entity in this industry.
The GOM PLL fishery is comprised of fishermen who hold an Atlantic
Tunas Longline, a Swordfish Directed or Incidental Permit, and a Shark
Directed or Incidental limited access permit and the related industries
including processors, bait houses, and equipment suppliers, all of
which NMFS considers to be small entities according to the size
standards set by the SBA. The proposed rule would apply to PLL vessels
that fish in the GOM. As of October 2010, there were 248 Atlantic tuna
longline limited access permit holders. Of these, 136 were registered
in states along the coast of the GOM (including all Florida vessels).
However, based on logbook records from 2006 to 2009, on average, only
51 PLL vessels were actively operating in the GOM annually, with a high
of 55 vessels in 2007 and a low of 47 in 2006 and 2009. During the
summer of 2010, preliminary vessel monitoring system information
indicated that the number of active PLL vessels in the GOM decreased by
more than 79% due to the Deepwater Horizon/BP oil spill and associated
fishery closures.
This proposed rule does not contain any new reporting or
recordkeeping requirements, but would require a new compliance
requirement (5 U.S.C. 603 (b)(4)). Fishing vessels with PLL gear
onboard would be required, at all times, in all areas of the GOM open
to HMS PLL fishing, to possess onboard and/or use only circle hooks
meeting current size and offset restrictions, as well as being
constructed of only round wire stock that is no larger than 3.65 mm in
diameter. This proposed rule would not conflict, duplicate, or overlap
with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen,
dealers, and managers in these fisheries must comply with a number of
international agreements, domestic laws, and other FMPs. These include,
but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas
Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal
Protection Act, the Endangered Species Act, the National Environmental
Policy Act, the Paperwork Reduction Act, and the Coastal Zone
Management Act. NMFS does not believe that the new regulations proposed
to be implemented would duplicate, overlap, or conflict with any
relevant regulations, Federal or otherwise.
Under section 603(c), agencies are required to describe any
alternatives to the proposed rule which accomplish the
[[Page 2325]]
stated objectives and which minimize any significant economic impacts.
These impacts are discussed below and in the Environmental Assessment
for the proposed action. Additionally, the Regulatory Flexibility Act
(5 U.S.C. 603 (c) (1)-(4)) lists four general categories of significant
alternatives that would assist an agency in the development of
significant alternatives. These categories of alternatives are: (1)
Establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) use of performance rather than design standards; and, (4)
exemptions from coverage of the rule for small entities.
In order to meet the objectives of this proposed rule, consistent
with legal obligations, NMFS cannot exempt small entities or change the
reporting requirements only for small entities. Thus, there are no
alternatives discussed that fall under the first and fourth categories
described above. In addition, none of the alternatives considered would
result in additional reporting requirements (category two above).
Fishing vessels with PLL gear onboard would be required, at all times,
in all areas of the GOM open to HMS PLL fishing, to possess onboard
and/or use only circle hooks meeting current size and offset
restrictions as well as being constructed of only round wire stock that
is no larger than 3.65 mm in diameter. NMFS does not know of any
performance or design standards that would satisfy the aforementioned
objectives of this rulemaking while, concurrently, complying with the
Magnuson-Stevens Act. Perhaps there are performance or design standards
that could be designed for weak hooks and BFT bycatch reduction, but
they are not practical given the current understanding of this new
technology.
NMFS considered and analyzed three main alternatives for this
proposed rule. The first alternative was the status quo, no action
alternative. This alternative would maintain existing hook and bait
requirements in the Atlantic PLL fishery in the GOM. The second
alternative would require all PLL vessels fishing in GOM to use weak
hooks and is the preferred alternative. Finally, the third alternative
would consider establishing additional time/area closures in the GOM.
Under this alternative, an area of the GOM would be closed to PLL
fishing and could extend over the entire GOM or a subarea. Temporal
extents of a closure could be timed to the spawning season for BFT in
the GOM, April to mid-June, or for shorter or longer time frames (i.e.,
year round). Areal extents of a closure could be restricted to portions
of the GOM where particularly high concentrations of spawning BFT have
been observed while minimizing inclusion of areas with high directed
YFT fishing operations. Adaptive management programs might also be
considered with the temporal/spatial extent of the time/area changes
based on real-time information on distribution and abundance of target
and non-target species as well as the socio-economic needs of the
fishery. In addition to these three alternatives, NMFS also considered
other options such as prohibition on all retention of BFT in the GOM
(i.e., no incidental retention of BFT allowed) and adjustment of target
catch retention limits (i.e., modify current limits of one BFT per
2,000 lbs of target catch, two BFT per 6,000 lbs and three BFT per
30,000 lbs). As these alternatives either do not reduce mortality of
BFT but rather convert discards to landings (or vice versa), or may
have substantial negative social and economic impacts and cannot be
implemented in short time frames, these alternatives were determined to
not meet the objectives of the action and were not considered further.
Alternative 1, the status quo, no action alternative would not
result in any additional economic impacts to small entities in the
short-term. NMFS does not anticipate a significant change in landings,
ex-vessel prices, or operating costs relative to the ``status quo'' for
small entities under this alternative. However, adverse economic
impacts in the medium and long-term could result if no action is taken
to address the incidental catch of BFT in the GOM PLL fishery. Adverse
economic impacts could occur if the longline quota for BFT is exceeded
and a partial or total closure of the fishery is implemented.
The preferred alternative, Alternative 2, would require vessels
with PLL gear onboard, at all times, in all areas of the GOM open to
PLL fishing, to possess onboard and/or use only circle hooks meeting
current size and offset restrictions as well as being constructed of
only round wire stock that is no larger than 3.65 mm in diameter. This
alternative would result in some minor increases in equipment costs for
the new hooks, would likely impact vessel operations, and would also
potentially impact catch rates and thus potentially reduce vessel
revenues.
Alternative 2 would result in moderate positive social and economic
benefits if this measure is able to reduce the bycatch of BFT in the
GOM sufficiently to allow the PLL fishery to continue operating in the
GOM. However, there would likely be some increased economic costs
associated with switching to the weak hook.
This alternative would result in some minor increases in equipment
costs associated with acquiring the new weak hooks. Direct cost of
purchasing weak hooks is anticipated to increase expenses by $.02 per
hook. An informal telephone survey of hook suppliers provides a price
of approximately $0.34 per hook for 16/0 commercial grade circle hooks
and approximately $0.36 per hook for 16/0 circle hooks constructed of
3.65 mm diameter round wire stock. Assuming that an average of 1,600
hooks per vessel are needed initially to equip vessels with enough
required hooks for one trip, the compliance cost, on a per vessel
basis, would be approximately $576. NMFS intends to explore
opportunities to mitigate costs for PLL fishermen with their initial
purchase of the required supply of weak hooks once the weak hook gear
is finalized as a requirement. Opportunities might include third party
sponsorship of a voucher program where eligible PLL vessels that
actively fish in the GOM would be eligible for their initial supply of
weak hooks. NMFS specifically requests comments about such a potential
voucher program.
Hook replacement rates are anticipated to increase with use of the
weak hook. Researchers during the GOM PLL BFT mitigation research
estimated that requiring the weak hook would result in a 4.41 hooks per
1,000 hooks increase in the rate of hook replacement due to
straightened hooks and YFT hook deformation. The researchers
anticipated that this rate was an underestimate; however, they
estimated the cost of additional hook replacement with the weak hook to
be less than $3.00 per 1,000 hooks set. The standard 16/0 circle hooks
currently in use will continue to be used in the U.S. Atlantic and
inventories of unused standard 16/0 hooks could be sold to vessels
fishing Atlantic outside of the GOM.
With regard to PLL vessels fishing in the Atlantic, but outside the
GOM, NMFS solicits specific comment on gear stowage procedures that
could allow vessels entering or exiting the GOM with hooks not meeting
the weak hook requirement. Such stowage procedures would need to allow
vessels to transit the GOM while ensuring the enforceability of weak
hook requirements.
Alternative 2 would also potentially impact vessel catch rates, and
thus potentially reduce vessel revenues.
[[Page 2326]]
Based on the GOM PLL BFT mitigation research results, catch rates for
several commercially important species were found to be lower using the
new weak hooks versus the standard 16/0 circle hooks. The researchers
found a statistically significant (at the 5 percent level) reduction in
the total catch of BFT and wahoo when weak hooks were used compared to
conventional circle hooks. The total catch of BFT was reduced 56.5
percent when weak hooks were used in the experiment. This reduction
includes both discards and BFT retained for sale. Based on observer
reports of the number of BFT discarded versus retained in the GOM, the
researchers estimate that the experimental results indicate that the
use of weak hooks would result in approximately a 14 percent reduction
in BFT retained for sale given the BFT incidental retention limits. The
total catch of wahoo using the weak hook was reduced by 26.6 percent.
The research also observed reduction in the number of YFT and
swordfish retained for sale. While these results were not statistically
significant at the 5 percent level, the reductions in YFT and swordfish
retained did have p-values <= 0.15. Weak hooks in the experiment
resulted in a 7 percent reduction in YFT retained for sale and 41.2
percent reduction in swordfish retained for sale. No other commercially
targeted species observed during the research exhibited catch rate
differences between weak hooks and conventional circle hooks with p-
values of <= 0.15. Therefore, given that YFT is often the target catch
for PLL trip in the GOM and the heterogeneous nature of fishing vessel
operations, this analysis conservatively includes the observed
reductions in YFT and swordfish. In addition, NMFS also ran the
analysis with just BFT and wahoo which exhibited statistically
significant differences in catch at the 5 percent level to help
illustrate the range of possible outcomes.
Using vessel logbook catch data, NMFS translated the reductions in
catch observed in the research experiment into potential fishery
revenue impacts that may result from requiring the use of weak hooks in
the GOM. The calculations are detailed in the EA for this proposed rule
which is available on request. Based on the research results, the
estimated per trip reduction in revenues that would potentially result
from requiring the use of weak hooks in the GOM is approximately
$2,265.
Based on HMS logbook reports from 2006 to 2009, the average number
of PLL trips taken per vessel per year in the GOM is 9.7. Multiplying
9.7 trips per vessel by the estimated $2,265 per trip reduction in
catch revenues results in an estimated reduction of $21,974 in
commercial fishing revenues per vessel per year in the GOM resulting
from switching to weak hooks. Alternatively, if the analysis only
considers the statistically significant reductions in catch at the 5
percent level, as used in the research study, the estimated reduction
in annual catch revenues per vessel in the GOM for Alternative 2 would
be $1,351 (9.7 trips x $139). This lower estimate may also represent
the potential improvements in catch rates that may occur over time as
fishermen adapt to the new weak hook technology. NMFS does not foresee
that the national net benefits and costs would change significantly in
the long term as a result of implementation of the proposed action.
Alternative 3 may cause some fishermen to shift effort to fishing
areas outside the GOM and there could be changes in the distribution of
the fleet with some fishermen possibly exiting the fishery. Predicting
fishermen's behavior is difficult, especially as some factors that may
determine whether to stay in the fishery, relocate, or leave the
fishery are beyond NMFS' control (fuel prices, infrastructure,
hurricanes, etc.). While some fishermen will continue to fish in the
remaining open areas of the Atlantic, Caribbean, and Gulf of Mexico,
others may be forced to leave the fishery entirely, such as selling
their permits and going out of business, as a result of the closure.
Changes in fishing patterns may result in fishermen having to travel
greater distances to reach more favorable grounds, which would likely
result in increased fuel, bait, ice, and crew costs. While there may be
a potential increase in travel, this is unlikely to raise significant
safety concerns because the fleet is highly mobile. The potential shift
in fishing grounds, should it occur, could result in fishermen
selecting new ports for offloading. This would likely have negative
social and economic consequences for traditional ports of offloading,
including processors, dealers, and supply houses, and positive social
and economic consequences for any new selected ports of offloading.
NMFS conducted a detailed, comprehensive socio-economic analysis for
the time/area alternatives considered in the 2006 Consolidated HMS FMP
and found that the economic impacts of each of the closures considered
may be substantial, ranging in losses of up to several million dollars
annually, depending upon the closure and displacement of a significant
number of fishing vessels. Since the data analysis conducted in the
2006 Consolidated HMS FMP, several events have affected the GOM
including Hurricane Katrina, Hurricane Rita, and the DWH/BP oil spill
among other events. These events resulted in negative economic impacts.
While these further impacts have occurred, NMFS believes the closure
analysis in 2006 still reflects the substantial impacts of the
alternatives that are likely to occur. Cumulatively, the impacts of the
closures would likely be adverse and greater than in 2006.
Additionally, Alternative 3 in this proposed rule doesn't meet all of
the objectives of this proposed rule because it doesn't rapidly enhance
BFT stock rebuilding by increasing BFT spawning potential and
subsequent recruitment into the fishery (i.e. rapidly implement the
proposed action to increase the survival of spawning BFT by spring 2011
in the GOM).
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: January 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.2, the definition of ``round wire stock'' is added
to read as follows:
Sec. 635.2 Definitions.
* * * * *
Round wire stock means round metal wire, typically used in the
manufacturing of fishing hooks, that has not been forged, or otherwise
treated in any way to increase the original factory tensile strength
set by the hook manufacturer.
* * * * *
3. In Sec. 635.21, paragraph (c)(5)(iii)(C)(2)(i) is revised to
read as follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(C) * * *
[[Page 2327]]
(2) * * *
(i) For purposes of paragraphs (c)(5)(iii)(C)(1), and
(c)(5)(iii)(C)(2) of this section, the outer diameter of an 18/0 circle
hook at its widest point must be no smaller than 2.16 inches (55 mm),
and the outer diameter of a 16/0 circle hook at its widest point must
be no smaller than 1.74 inches (44.3 mm), when measured with the eye of
the hook on the vertical axis (y-axis) and perpendicular to the
horizontal axis (x-axis). The distance between the hook point and the
shank (i.e., the gap) on an 18/0 circle hook must be no larger than
1.13 inches (28.8 mm), and the gap on a 16/0 circle hook must be no
larger than 1.01 inches (25.8 mm). The allowable offset is measured
from the barbed end of the hook, and is relative to the parallel plane
of the eyed-end, or shank, of the hook when laid on its side. The only
allowable offset circle hooks are those that are offset by the hook
manufacturer. In the Gulf of Mexico, as described at 600.105(c), circle
hooks also must be constructed of corrodible round wire stock that is
no larger than 3.65 mm in diameter.
* * * * *
4. In Sec. 635.71, add paragraph (a)(54) to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(a) * * *
(54) Possess, use, or deploy, in the Gulf of Mexico, any circle
hook, other than as described at Sec. 635.21(c). Vessels in the Gulf
of Mexico, with pelagic gear onboard, are prohibited from possessing,
using, or deploying circle hooks that are constructed of round wire
stock which is larger than 3.65 mm in diameter.
* * * * *
[FR Doc. 2011-689 Filed 1-12-11; 8:45 am]
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