[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR660.35] [Page 486-488] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC--Table of Contents Subpart C--Western Pacific Pelagic Fisheries Sec. 660.35 Pelagic longline seabird mitigation measures. (a) Seabird mitigation techniques. Owners and operators of vessels registered for use under a Hawaii longline limited access permit must ensure that the following actions are taken when fishing north of 23 deg. N. lat.: (1) Employ a line setting machine or line shooter to set the main longline when making deep sets using monofilament main longline; (2) Attach a weight of at least 45 g to each branch line within 1 m of the hook when making deep sets using monofilament main longline; (3) When using basket-style longline gear, ensure that the main longline is deployed slack to maximize its sink rate; [[Page 487]] (4) Use completely thawed bait that has been dyed blue to an intensity level specified by a color quality control card issued by NMFS; (5) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb size) containing blue dye on board the vessel; (6) Discharge fish, fish parts (offal), or spent bait while setting or hauling longline gear, on the opposite side of the vessel from where the longline gear is being set or hauled; (7) Retain sufficient quantities of fish, fish parts, or spent bait, between the setting of longline gear for the purpose of strategically discharging it in accordance with paragraph (a)(6) of this section; (8) Remove all hooks from fish, fish parts, or spent bait prior to its discharge in accordance with paragraph (a)(6) of this section; and (9) Remove the bill and liver of any swordfish that is caught, sever its head from the trunk and cut it in half vertically, and periodically discharge the butchered heads and livers in accordance with paragraph (a)(6) of this section. (b) Short-tailed albatross handling techniques. If a short-tailed albatross is hooked or entangled by a vessel registered for use under a Hawaii longline limited access permit, owners and operators must ensure that the following actions are taken: (1) Stop the vessel to reduce the tension on the line and bring the bird on board the vessel using a dip net; (2) Cover the bird with a towel to protect its feathers from oils or damage while being handled; (3) Remove any entangled lines from the bird; (4) Determine if the bird is alive or dead. (i) If dead, freeze the bird immediately with an identification tag attached directly to the specimen listing the species, location and date of mortality, and band number if the bird has a leg band. Attach a duplicate identification tag to the bag or container holding the bird. Any leg bands present must remain on the bird. Contact NMFS, the Coast Guard, or the U.S. Fish and Wildlife Service at the numbers listed on the Short-tailed Albatross Handling Placard distributed at the NMFS protected species workshop, inform them that you have a dead short- tailed albatross on board, and submit the bird to NMFS within 72 hours following completion of the fishing trip. (ii) If alive, handle the bird in accordance with paragraphs (b)(5) through (b)(10) of this section. (5) Place the bird in a safe enclosed place; (6) Immediately contact NMFS, the Coast Guard, or the U.S. Fish and Wildlife Service at the numbers listed on the Short-tailed Albatross Handling Placard distributed at the NMFS protected species workshop and request veterinary guidance; (7) Follow the veterinary guidance regarding the handling and release of the bird. (8) Complete the short-tailed albatross recovery data form issued by NMFS. (9) If the bird is externally hooked and no veterinary guidance is received within 24-48 hours, handle the bird in accordance with paragraphs (c)(4) and (c)(5) of this section, and release the bird only if it meets the following criteria: (i) Able to hold its head erect and respond to noise and motion stimuli; (ii) Able to breathe without noise; (iii) Capable of flapping and retracting both wings to normal folded position on its back; (iv) Able to stand on both feet with toes pointed forward; and (v) Feathers are dry. (10) If released under paragraph (a)(8) of this section or under the guidance of a veterinarian, all released birds must be placed on the sea surface. (11) If the hook has been ingested or is inaccessible, keep the bird in a safe, enclosed place and submit it to NMFS immediately upon the vessel's return to port. Do not give the bird food or water. (12) Complete the short-tailed albatross recovery data form issued by NMFS. (c) Non-short-tailed albatross seabird handling techniques. If a seabird other than a short-tailed albatross is hooked or entangled by a vessel registered for use under a Hawaii longline limited access permit owners and operators must [[Page 488]] ensure that the following actions are taken: (1) Stop the vessel to reduce the tension on the line and bring the seabird on board the vessel using a dip net; (2) Cover the seabird with a towel to protect its feathers from oils or damage while being handled; (3) Remove any entangled lines from the seabird; (4) Remove any external hooks by cutting the line as close as possible to the hook, pushing the hook barb out point first, cutting off the hook barb using bolt cutters, and then removing the hook shank; (5) Cut the fishing line as close as possible to ingested or inaccessible hooks; (6) Leave the bird in a safe enclosed space to recover until its feathers are dry; and (7) After recovered, release seabirds by placing them on the sea surface. [67 FR 34412, May 14, 2002] Effective Date Note: At 67 FR 34412, May 14, 2002, Sec. 660.35 was added, effective June 13, 2002, except for paragraphs (b)(4)(i), (b)(6), and (b)(8), which require approval by the Office of Management and Budget. At 67 FR 57346, Sept. 10, 2002, the effective date of Oct. 10, 2002, was announced.