[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Proposed Rules]
[Page 66783-66784]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-31]
[[Page 66783]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[I.D. 112403A]
Atlantic Highly Migratory Species; Supplemental Environmental
Impact Statement (SEIS) for Sea Turtle Bycatch Mitigation in the
Atlantic Pelagic Longline Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to prepare an SEIS; request for
comments.
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SUMMARY: NMFS announces its intent to prepare an SEIS under the
National Environmental Policy Act to assess the potential effects on
the human environment of proposed alternatives and actions under a
proposed rule to reduce sea turtle bycatch in the Atlantic pelagic
longline fishery. The SEIS is intended to address issues regarding
allowable fishing gears and techniques in the pelagic longline fishery;
possession and use of onboard equipment to minimize sea turtle bycatch
and bycatch mortality; modification of time and area closures; and
minimum levels of observer coverage. NMFS is requesting comments on the
above measures.
DATES: Comments on this action must be received no later than 5 p.m.,
local time, on December 29, 2003.
ADDRESSES: Written comments on this action should be mailed to
Christopher Rogers, Chief, Highly Migratory Species Management
Division, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910; or faxed to (301) 713-1917. Comments will not
be accepted if submitted via email or Internet.
FOR FURTHER INFORMATION CONTACT: Russell Dunn, Rick Pearson, or Greg
Fairclough at (727) 570-5447.
SUPPLEMENTARY INFORMATION: The Atlantic pelagic longline fishery for
Atlantic HMS primarily targets swordfish, yellowfin tuna, and bigeye
tuna in various areas and seasons. The Atlantic tuna, swordfish, and
billfish fisheries are managed under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
and the Atlantic Tunas Convention Act. The Fishery Management Plan for
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) is implemented by
regulations at 50 CFR part 635.
Background
On June 14, 2001, NMFS released a Biological Opinion (BiOp) that
found that the continued operation of the Atlantic pelagic longline
fishery is likely to jeopardize the existence of Atlantic leatherback
and loggerhead sea turtles. To avoid jeopardy, the Reasonable and
Prudent Alternative (RPA) in the BiOp included a closure of the
Northeast Distant (NED) Statistical Area of the Atlantic Ocean and a
research program to develop or modify fishing gear and techniques to
reduce sea turtle interactions and the mortality associated with such
interactions.
As a result of this RPA, NMFS closed the NED (67 FR 45393, July 9,
2002) and undertook a 3-year (2000-2003) experiment in the NED intended
to identify fishing gear and technique modifications that may reduce
sea turtle interactions. The experiment examined various hook and bait
combinations (treatments). Preliminary data suggest the treatments
examined may reduce sea turtle interactions by between 50 and 92
percent, depending on species and treatment, and appear to have widely
varying impacts, both positive and negative, on target species. Among
the hook and bait combinations tested were: 18/0 offset circle hooks
using squid as bait, 18/0 offset circle hooks using mackerel as bait,
18/0 non-offset circle hooks using squid as bait, and 9/0 J-hooks using
mackeral as bait. NMFS is currently evaluating data from the final year
of the experiment and will analyze that data as appropriate.
Based on preliminary data and a review of the current status of the
species, NMFS is considering implementing various management measures
to reduce sea turtle takes in the Atlantic pelagic longline fishery,
including, but not limited to: modification of fishing gears and
techniques in the pelagic longline fishery; possession and use of on-
board equipment to minimize sea turtle bycatch and bycatch mortality;
modification of time and area closures; and increased minimum levels of
observer coverage.
Hook and Bait Combinations
Vessels participating in the pelagic longline fishery are currently
required to use non-stainless steel corrodible hooks during fishing
operations. Vessels participating in this fishery in the Gulf of Mexico
are also prohibited from using live bait in the western Gulf of Mexico.
NMFS may examine the mandatory use of various hook and bait
combinations, as evaluated in the NED experiment, as a potential means
of reducing sea turtle bycatch.
Area Closures
There are currently five distinct area closures intended to reduce
bycatch in the Atlantic pelagic longline fishery, only one of which,
the Northeast Distant Statistical area, was specifically intended to
address sea turtle bycach. Current area closures include: the Northeast
Distant Statistical Area, closed year-round; the Northeastern United
States, closed during the month of June; the Charleston Bump, closed
February through April; the East Florida Coast, closed year-round; and,
the DeSoto Canyon, closed year-round. NMFS may examine additional and
or modifications to existing area closures as a potential means of
reducing sea turtle bycatch.
Onboard Bycatch Mitigation
NMFS currently requires pelagic longline vessels to possess and use
a variety of equipment to mitigate sea turtle bycatch and bycatch
mortality. These include: turtle handling procedures that must be
posted in the wheel house; line cutters; and dipnets. NMFS may consider
additional gear possession and use requirements, such as dehooking
equipment, or moving one nautical mile after an interaction, as a
potential means of reducing sea turtle bycatch.
Observer Coverage
The June 14, 2001, BiOp and Recommendations from the International
Commission for the Conservation of Atlantic Tunas both require a
minimum of five-percent observer coverage in the Atlantic pelagic
longline fishery. NMFS may examine the possibility of increasing
minimum observer coverage levels in this fishery to improve the quality
and quantity of data on bycatch of turtles and other species.
Pelagic Longline Definition
In addition, NMFS is considering possible clarifications of either
the pelagic or bottom longline definition.
Request for Comments
NMFS requests comments on management options for this action.
Specifically, NMFS requests comments on the following issues and
possible options to reduce sea turtle bycatch and bycatch mortality:
modification of fishing gears and techniques in the pelagic longline
fishery, area closures, onboard bycatch mitigation, and minimum
observer coverage levels.
[[Page 66784]]
NMFS will proceed with preparation of a draft SEIS and proposed
rule, incorporating comments received during the comment period
associated with this NOI as appropriate. The draft EIS and proposed
rule will include additional opportunities for public comment. NMFS
anticipates completing this amendment and any related documents by June
1, 2004.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 25, 2003.
Richard W. Surdi,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-29827 Filed 11-26-03; 8:45 am]
BILLING CODE 3510-22-S