Atlantic Highly Migratory Species; Pelagic Longline Research, 450-454 [07-6290]
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Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices
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Enriched Uranium from France, 72 FR
26603 (May 10, 2007).
On December 13, 2007, the ITC
determined, pursuant to section 751(c)
of the Act, that a revocation of the
antidumping duty order on LEU from
France would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time: See Low Enriched Uranium from
France; 72 FR 71954 (December 19,
2007), and USITC Publication 3967
(December 2007), (Inv. No. 731–TA–
909) (Review).
Scope of the Order
The product covered by this order is
all low enriched uranium (LEU). LEU is
enriched uranium hexafluoride (UF6)
with a U235 product assay of less than
20 percent that has not been converted
into another chemical form, such as
UO2, or fabricated into nuclear fuel
assemblies, regardless of the means by
which the LEU is produced (including
LEU produced through the downblending of highly enriched uranium).
Certain merchandise is outside the
scope of this order. Specifically, this
order does not cover enriched uranium
hexafluoride with a U235 assay of 20
percent or greater, also known as highly
enriched uranium. In addition,
fabricated LEU is not covered by the
scope of this order. For purposes of this
order, fabricated uranium is defined as
enriched uranium dioxide (UO2),
whether or not contained in nuclear fuel
rods or assemblies. Natural uranium
concentrates (U3O8) with a U235
concentration of no greater than 0.711
percent and natural uranium
concentrates converted into uranium
hexafluoride with a U235 concentration
of no greater than 0.711 percent are not
covered by the scope of this order.
Also excluded from this order is LEU
owned by a foreign utility end-user and
imported into the United States by or for
such end-user solely for purposes of
conversion by a U.S. fabricator into
uranium dioxide (UO2) and/or
fabrication into fuel assemblies so long
as the uranium dioxide and/or fuel
assemblies deemed to incorporate such
imported LEU (i) remain in the
possession and control of the U.S.
fabricator, the foreign end-user, or their
designed transporter(s) while in U.S.
customs territory, and (ii) are reexported within eighteen (18) months of
entry of the LEU for consumption by the
end-user in a nuclear reactor outside the
United States. Such entries must be
accompanied by the certifications of the
importer and end-user.
The merchandise subject to this order
is currently classifiable in the
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Harmonized Tariff Schedule of the
United States (HTSUS) at subheading
2844.20.0020. Subject merchandise may
also enter under 2844.20.0030,
2844.20.0050, and 2844.40.00. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the
merchandise is dispositive.
Continuation of Order
As a result of these determinations by
the Department and the ITC that a
revocation of the antidumping duty
order would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
antidumping duty order on LEU from
France. U.S. Customs and Border
Protection will continue to collect
antidumping duty cash deposits at the
rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of the continuation
of this order will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
sections 751(c)(2) and 751(c)(6)(A) of
the Act, the Department intends to
initiate the next five-year review of this
order no later than November 2012.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: December 26, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 07–6279 Filed 1–02–08; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD57
Atlantic Highly Migratory Species;
Pelagic Longline Research
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability.
AGENCY:
SUMMARY: NMFS announces the
availability of a Final Environmental
Assessment (EA) and a final decision to
issue an Exempted Fishing Permit (EFP)
to conduct research in portions of the
East Florida Coast (EFC) and Charleston
Bump closed areas using a limited
number of pelagic longline (PLL)
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vessels. Given the nearly rebuilt status
of north Atlantic swordfish (B =
0.99BMSY) and bycatch reduction
measures that were implemented
throughout the U.S. PLL fishery in 2004,
NMFS is authorizing the collection of
baseline PLL fishery data in the closed
areas to evaluate the effectiveness of
existing bycatch reduction measures.
The Final EA analyzes monthly and
annual PLL logbook and pelagic
observer program (POP) data on catch
and bycatch rates of all species in the
proposed research area from 1995–2000
to determine potential impacts of the
research programfishery on target and
non-target species. The Final EA
includes additional analyses of catch
rates for all species based on 18/0 circle
hooks. NMFS will require the use of 18/
0 non-offset circle hooks in the research
project to minimize bycatch and bycatch
mortality and 100 percent observer
coverage to ensure scientific rigor.
FOR FURTHER INFORMATION CONTACT:
Russell Dunn, 727–824–5399; fax: 727–
824–5398, or Chris Rilling 301–713–
2347; fax: 301–713–1917.
SUPPLEMENTARY INFORMATION: By issuing
the EFP, NMFS authorizes a limited
number of vessels (three are authorized,
but only two vessels will fish at any
given time and one vessel is designated
as a backup vessels if breakdowns
occur) to conduct research in portions of
the EFC and Charleston Bump closed
areas (Figure 1). The latitude and
longitude coordinates of the proposed
research area are provided in Table 1. In
the EFC closed area, the proposed
research area would be north of Fort
Pierce, FL, beginning at 28 degrees
north latitude and proceeding north,
seaward of the axis of the Gulf Stream,
to the northern boundary of the EFC
closed area at 31° N. lat. In the
Charleston Bump, the proposed research
area would be north of 31 degrees north
latitude and following the 200–meter
isobath (approximately 100 fathom
contour) to the northern and eastern
boundaries of the Charleston Bump
closed area. The two areas are hereafter
referred to collectively as the proposed
research area. NMFS closed the EFC and
Charleston Bump closed areas to PLL
gear in early 2001 to reduce bycatch of
juvenile swordfish, billfish, and other
Highly Migratory Species (HMS) (65 FR
47214, August 1, 2000). The Charleston
Bump closed area is a seasonal closure
from February through April every year,
whereas the EFC closed area is closed
year-round to PLL gear. Since that time,
the swordfish stock has been nearly
rebuilt, and new bycatch reduction
measures have been implemented
throughout the PLL fishery (e.g., circle
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Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices
hook requirements, bait requirements,
bycatch release gear, and careful
handling and release workshops). No
PLL fishing has been authorized in the
closed areas since 2001, and NMFS has
not collected information on the
effectiveness of current bycatch
reduction measures in closed areas
where bycatch rates may be higher than
in other areas. NMFS thus would collect
information under scientifically
rigorous protocols to determine the
effectiveness of bycatch reduction
measures in these closed areas. This
information will assist NMFS in making
appropriate management decisions
regarding the effectiveness of existing
closed areas and the effectiveness of
current bycatch reduction measures.
NMFS authorizes a total of 289 sets
distributed equally inside and outside
the proposed research area over a 12
month period beginning in late 2007 or
early 2008. Each set would consist of
500 18/0 non-offset circle hooks with
whole dead finfish bait and/or squid
bait. Vessels would be subject to 100
percent observer coverage, and
observers or research staff would collect
data that includes, but is not limited to,
catch per unit effort (CPUE) for target
and bycatch species; discard rates;
interaction rates with protected species;
size of target species; hooking location;
mortality at haul back; bycatch
mortality; and if possible, an evaluation
of the condition of fish at haul back to
allow post-release mortality estimates.
All targeted catch (tunas, swordfish,
and sharks) that can be legally landed
could be harvested and sold by the
vessel owners. No other compensation
will be provided to the vessels. Anyll
protected speciesbycatch which are
incidentally interacted with will be
released using NMFS-approved
dehooking equipment and appropriate
safe handling and release protocols. All
live bycatch will be released in a
manner that maximizes survival, in
accordance with existing regulations.
Incidental catch of bluefin tuna would
be landed consistent with existing
regulations. Any mortalities of Atlantic
Tunas Convention Act (ATCA)
regulated species (i.e., tunas and
swordfish) and sharks that could be
legally landed would be counted against
the appropriate quotas. Non-target
species and protected resources would
be tagged and released alive, consistent
with requirements of the Terms and
Conditions of the 2004 Biological
Opinion issued for the fishery.
NMFS received a number of
comments on the Draft EA including,
but not limited to, comments on bycatch
levels, impacts on target and non-target
species, study methodology, and socio-
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20:29 Jan 02, 2008
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economic impacts. The responses to
comments are included in Appendix A
in the Final EA, and are not repeated
here. Based on the public comment
received, NMFS improved and
expanded the environmental analyses.
In the Final EA, the Agency included an
additional set of catch and bycatch
estimates based on circle hook data
which were not included in the Draft
EA. Thus, NMFS has analyzed a range
of potential impacts ranging from the
worst case scenario using pre-closure Jhook data, to more conservative
estimates based on 18/0 circle hook
data. The additional analyses with 18/
0 circle hook data further support the
conclusion that the anticipated
ecological impacts of the research
fishery on target and non-target species
are expected to be minor. For example,
based on 18/0 circle hooks with a 10
degree offset (POP data 2004–2005),
NMFS estimates that, under the
preferred alternative, two white marlin
will be discarded alive and five
discarded dead, and two blue marlin
will be discarded alive and two
discarded dead. For sea turtles, two
leatherback and one loggerhead sea
turtle interactions are predicted to occur
based on the 18/0 circle hooks with 10
degree offset. For marine mammals,
only three interactions occurred in the
proposed research area from 1995–2000.
They included one pilot whale, one
Risso’s dolphin, and one spinner
dolphin. Although eleven interactions
were reported from 1993–2005 in the
Florida East Coast (FEC) and South
Atlantic Bight (SAB) statistical sampling
areas, only three of those interactions
occurred in the proposed research area.
NMFS anticipates few interactions with
marine mammals due to the location of
the research fishery and the limited
amount of fishing effort that is part of
this pilot research project, particularly
in comparison to past fishing effort in
the area. Fewer than 10 bluefin tuna
interactions are expected to occur, and
the bulk of the catch will be comprised
of swordfish and yellowfin tuna, with
an predicted 870 swordfish retained,
373 discarded alive, and 145 potentially
discarded dead, and 346 yellowfin
retained, 49 discarded dead, and 27
discarded alive based on 18/0 circle
hook data.
Projections based on data from 1995–
2000 were used to analyze the worst
case scenario (i.e., use of pre-closure Jhook data from the POP 1995–2000).
Based on that data, NMFS predicts at
most two interactions with leatherback
sea turtles and six interactions with
loggerhead sea turtles are predicted to
occur in the proposed research area.
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451
Given the significantly lower interaction
and mortality rates of sea turtles with
18/0 circle hooks, this action is not
expected to significantly increase
fishery interactions with, or mortalities
of, sea turtles. The predicted
interactions would not cause the
Incidental Take Statement (ITS) in the
2004 Biological Opinion for the PLL
fishery to be exceeded and would not be
likely to jeopardize the continued
existence of sea turtles. Incidental takes
of, or interactions with, protected
species that are listed as threatened or
endangered under the Endangered
Species Act taking place under the
research fishery would be counted
against the authorized incidental take
levels specified in the 2004 ITS in the
Biological Opinion for the PLL fishery.
In addition to sea turtles, the Final EA
includes similar analyses of PLL and
POP data from 1995–2000 pre-closure Jhook data, as well as 18/0 circle hook
data, on catch rates, live and dead
discard rates, and retained numbers of
swordfish, bluefin, yellowfin, and
bigeye tunas, blue and white marlin,
sailfish, spearfish, large coastal sharks,
pelagic sharks, sandbar sharks, and
dusky sharks. Based on the worst case
scenario from the POP data, and
applying predicted fishing effort in the
research fishery to pre-closure J-hook
catch rates, an estimated 1,083
swordfish are predicted to be retained,
973 discarded alive, and 360 discarded
dead; zero (0) bluefin tuna are predicted
to be caught or discarded; nine white
marlin are predicted to be discarded
alive and 13 dead; 10 blue marlin are
predicted to be discarded alive and 14
dead; 113 large coastal sharks are
predicted to be kept; 124 discarded
alive, and 50 discarded dead (depending
upon available quota); and 21 pelagic
sharks are predicted to be kept, 81
discarded alive, and 11 discarded dead
(depending upon available quota).
Given the known and anticipated
mortality reduction benefits of circle
hooks for Atlantic HMS relative to Jhooks, the estimates above are likely
over-estimates. As a result, this action is
not expected to significantly increase
the retention or bycatch of HMS.
All fishing activities would be
monitored by Federal fisheries observers
or NMFS trained research staff to
provide data on longline gear
configuration; target and incidental
catch; bycatch of billfish, juvenile
swordfish, and bluefin tuna; and sea
turtle interactions. NMFS currently
collects this information on selected
PLL vessels through the POP.
Even though research effort
necessarily will result in an increase in
fishing effort (from complete closure to
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limited scientific access) an increase in
fishing effort across the entire fishery is
not anticipated because vessels
participating in the research fishery
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would have otherwise been fishing
commercially for HMS in other, open
areas.
The regulations that prohibit the
proposed activities absent issuance of
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an EFP include requirements for vessel
reporting (50 CFR 635.4) and fishing in
a closed area (50 CFR 635.21(c)(2)).
BILLING CODE 3510–22–S
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EN03JA08.047</GPH>
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Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices
454
Federal Register / Vol. 73, No. 2 / Thursday, January 3, 2008 / Notices
TABLE 1. COORDINATES OF THE PROPOSED RESEARCH AREA (PREFERRED ALTERNATIVE 3) SHOWN IN FIGURE 1 BEGINNING
WITH LOCATION NUMBER 1 AND PROCEEDING CLOCKWISE THROUGH LOCATION NUMBER 12.
N. Latitude
W. Longitude
Point
Degrees
Minutes
Seconds
Degrees
Minutes
Seconds
1
34
0
0
76
0
0
2
31
0
0
76
0
0
3
31
0
0
78
0
0
4
28
17
6.9
79
11
54.5
5
28
0
0
79
23
47.9
6
28
0
0
79
40
0
7
31
0
0
79
40
0
8
31
0
0
79
54
38.9
9
31
47
7.2
78
21
50.5
10
32
29
12.1
78
40
21.0
11
33
5
35.8
77
27
15.7
12
34
0
0
76
15
26.5
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521.
All other relevant regulations
concerning HMS at 50 CFR part 635
would apply.
Authority: 16 U.S.C. 971 et seq. and 16
U.S.C. 1801 et seq.
Dated: December 21, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 07–6290 Filed 1–2–08; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Tammy Adams, (301)713–2289.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE75
Marine Mammals; File No. 782–1676
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendment.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the National Marine Mammal
Laboratory, 7600 Sand Point Way N.E.,
Seattle, WA, 98115 has been issued an
amendment to Scientific Research
Permit No. 782–1676–01, for research
on marine mammals.
ADDRESSES: The amendment and related
documents are available for review
upon written request or by appointment
in the following office(s):
20:29 Jan 02, 2008
Jkt 214001
BILLING CODE 3510–22–S
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–22–S
VerDate Aug<31>2005
The
requested amendment has been granted
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.) and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The original permit (No. 782–1676–
00), issued on December 4, 2002 (67 FR
76728) authorized research on harbor
seals (Phoca vitulina) and spotted seals
(P. largha) in Alaska through December
31, 2007. Research activities covered by
the original permit include aerial
surveys and live captures of seals.
Captured seals may be tagged, and have
scientific instruments attached and
various tissue samples collected. The
original permit was modified by ‘‘minor
amendment’’ in May 2004. The minor
amendment (No. 782–1676–01) added
permission to harass seals incidental to
installation and periodic maintenance of
camera systems. The current
amendment (No. 782–1676–02) extends
the duration of the permit through
December 31, 2008.
Dated: December 26, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–25582 Filed 1–2–08; 8:45 am]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal Nos. 08–15]
36(b)(1) Arms Sale Notification
Department of Defense, Defense
Security Cooperation Agency.
AGENCY:
ACTION:
Notice.
SUMMARY: The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sale notification.
This is published to fulfill the
requirements of section 155 of Public
Law 104–164 dated 21 July 1996.
Ms.
B. English, DSCA/DBO/CFM, (703) 601–
3740.
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittals 08–15
with attached transmittal, policy
justification, and Sensitivity of
Technology.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 73, Number 2 (Thursday, January 3, 2008)]
[Notices]
[Pages 450-454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-6290]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD57
Atlantic Highly Migratory Species; Pelagic Longline Research
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the availability of a Final Environmental
Assessment (EA) and a final decision to issue an Exempted Fishing
Permit (EFP) to conduct research in portions of the East Florida Coast
(EFC) and Charleston Bump closed areas using a limited number of
pelagic longline (PLL) vessels. Given the nearly rebuilt status of
north Atlantic swordfish (B = 0.99BMSY) and bycatch
reduction measures that were implemented throughout the U.S. PLL
fishery in 2004, NMFS is authorizing the collection of baseline PLL
fishery data in the closed areas to evaluate the effectiveness of
existing bycatch reduction measures. The Final EA analyzes monthly and
annual PLL logbook and pelagic observer program (POP) data on catch and
bycatch rates of all species in the proposed research area from 1995-
2000 to determine potential impacts of the research programfishery on
target and non-target species. The Final EA includes additional
analyses of catch rates for all species based on 18/0 circle hooks.
NMFS will require the use of 18/0 non-offset circle hooks in the
research project to minimize bycatch and bycatch mortality and 100
percent observer coverage to ensure scientific rigor.
FOR FURTHER INFORMATION CONTACT: Russell Dunn, 727-824-5399; fax: 727-
824-5398, or Chris Rilling 301-713-2347; fax: 301-713-1917.
SUPPLEMENTARY INFORMATION: By issuing the EFP, NMFS authorizes a
limited number of vessels (three are authorized, but only two vessels
will fish at any given time and one vessel is designated as a backup
vessels if breakdowns occur) to conduct research in portions of the EFC
and Charleston Bump closed areas (Figure 1). The latitude and longitude
coordinates of the proposed research area are provided in Table 1. In
the EFC closed area, the proposed research area would be north of Fort
Pierce, FL, beginning at 28 degrees north latitude and proceeding
north, seaward of the axis of the Gulf Stream, to the northern boundary
of the EFC closed area at 31[deg] N. lat. In the Charleston Bump, the
proposed research area would be north of 31 degrees north latitude and
following the 200-meter isobath (approximately 100 fathom contour) to
the northern and eastern boundaries of the Charleston Bump closed area.
The two areas are hereafter referred to collectively as the proposed
research area. NMFS closed the EFC and Charleston Bump closed areas to
PLL gear in early 2001 to reduce bycatch of juvenile swordfish,
billfish, and other Highly Migratory Species (HMS) (65 FR 47214, August
1, 2000). The Charleston Bump closed area is a seasonal closure from
February through April every year, whereas the EFC closed area is
closed year-round to PLL gear. Since that time, the swordfish stock has
been nearly rebuilt, and new bycatch reduction measures have been
implemented throughout the PLL fishery (e.g., circle
[[Page 451]]
hook requirements, bait requirements, bycatch release gear, and careful
handling and release workshops). No PLL fishing has been authorized in
the closed areas since 2001, and NMFS has not collected information on
the effectiveness of current bycatch reduction measures in closed areas
where bycatch rates may be higher than in other areas. NMFS thus would
collect information under scientifically rigorous protocols to
determine the effectiveness of bycatch reduction measures in these
closed areas. This information will assist NMFS in making appropriate
management decisions regarding the effectiveness of existing closed
areas and the effectiveness of current bycatch reduction measures.
NMFS authorizes a total of 289 sets distributed equally inside and
outside the proposed research area over a 12 month period beginning in
late 2007 or early 2008. Each set would consist of 500 18/0 non-offset
circle hooks with whole dead finfish bait and/or squid bait. Vessels
would be subject to 100 percent observer coverage, and observers or
research staff would collect data that includes, but is not limited to,
catch per unit effort (CPUE) for target and bycatch species; discard
rates; interaction rates with protected species; size of target
species; hooking location; mortality at haul back; bycatch mortality;
and if possible, an evaluation of the condition of fish at haul back to
allow post-release mortality estimates.
All targeted catch (tunas, swordfish, and sharks) that can be
legally landed could be harvested and sold by the vessel owners. No
other compensation will be provided to the vessels. Anyll protected
speciesbycatch which are incidentally interacted with will be released
using NMFS-approved dehooking equipment and appropriate safe handling
and release protocols. All live bycatch will be released in a manner
that maximizes survival, in accordance with existing regulations.
Incidental catch of bluefin tuna would be landed consistent with
existing regulations. Any mortalities of Atlantic Tunas Convention Act
(ATCA) regulated species (i.e., tunas and swordfish) and sharks that
could be legally landed would be counted against the appropriate
quotas. Non-target species and protected resources would be tagged and
released alive, consistent with requirements of the Terms and
Conditions of the 2004 Biological Opinion issued for the fishery.
NMFS received a number of comments on the Draft EA including, but
not limited to, comments on bycatch levels, impacts on target and non-
target species, study methodology, and socio-economic impacts. The
responses to comments are included in Appendix A in the Final EA, and
are not repeated here. Based on the public comment received, NMFS
improved and expanded the environmental analyses. In the Final EA, the
Agency included an additional set of catch and bycatch estimates based
on circle hook data which were not included in the Draft EA. Thus, NMFS
has analyzed a range of potential impacts ranging from the worst case
scenario using pre-closure J-hook data, to more conservative estimates
based on 18/0 circle hook data. The additional analyses with 18/0
circle hook data further support the conclusion that the anticipated
ecological impacts of the research fishery on target and non-target
species are expected to be minor. For example, based on 18/0 circle
hooks with a 10 degree offset (POP data 2004-2005), NMFS estimates
that, under the preferred alternative, two white marlin will be
discarded alive and five discarded dead, and two blue marlin will be
discarded alive and two discarded dead. For sea turtles, two
leatherback and one loggerhead sea turtle interactions are predicted to
occur based on the 18/0 circle hooks with 10 degree offset. For marine
mammals, only three interactions occurred in the proposed research area
from 1995-2000. They included one pilot whale, one Risso's dolphin, and
one spinner dolphin. Although eleven interactions were reported from
1993-2005 in the Florida East Coast (FEC) and South Atlantic Bight
(SAB) statistical sampling areas, only three of those interactions
occurred in the proposed research area. NMFS anticipates few
interactions with marine mammals due to the location of the research
fishery and the limited amount of fishing effort that is part of this
pilot research project, particularly in comparison to past fishing
effort in the area. Fewer than 10 bluefin tuna interactions are
expected to occur, and the bulk of the catch will be comprised of
swordfish and yellowfin tuna, with an predicted 870 swordfish retained,
373 discarded alive, and 145 potentially discarded dead, and 346
yellowfin retained, 49 discarded dead, and 27 discarded alive based on
18/0 circle hook data.
Projections based on data from 1995-2000 were used to analyze the
worst case scenario (i.e., use of pre-closure J-hook data from the POP
1995-2000). Based on that data, NMFS predicts at most two interactions
with leatherback sea turtles and six interactions with loggerhead sea
turtles are predicted to occur in the proposed research area. Given the
significantly lower interaction and mortality rates of sea turtles with
18/0 circle hooks, this action is not expected to significantly
increase fishery interactions with, or mortalities of, sea turtles. The
predicted interactions would not cause the Incidental Take Statement
(ITS) in the 2004 Biological Opinion for the PLL fishery to be exceeded
and would not be likely to jeopardize the continued existence of sea
turtles. Incidental takes of, or interactions with, protected species
that are listed as threatened or endangered under the Endangered
Species Act taking place under the research fishery would be counted
against the authorized incidental take levels specified in the 2004 ITS
in the Biological Opinion for the PLL fishery.
In addition to sea turtles, the Final EA includes similar analyses
of PLL and POP data from 1995-2000 pre-closure J-hook data, as well as
18/0 circle hook data, on catch rates, live and dead discard rates, and
retained numbers of swordfish, bluefin, yellowfin, and bigeye tunas,
blue and white marlin, sailfish, spearfish, large coastal sharks,
pelagic sharks, sandbar sharks, and dusky sharks. Based on the worst
case scenario from the POP data, and applying predicted fishing effort
in the research fishery to pre-closure J-hook catch rates, an estimated
1,083 swordfish are predicted to be retained, 973 discarded alive, and
360 discarded dead; zero (0) bluefin tuna are predicted to be caught or
discarded; nine white marlin are predicted to be discarded alive and 13
dead; 10 blue marlin are predicted to be discarded alive and 14 dead;
113 large coastal sharks are predicted to be kept; 124 discarded alive,
and 50 discarded dead (depending upon available quota); and 21 pelagic
sharks are predicted to be kept, 81 discarded alive, and 11 discarded
dead (depending upon available quota). Given the known and anticipated
mortality reduction benefits of circle hooks for Atlantic HMS relative
to J-hooks, the estimates above are likely over-estimates. As a result,
this action is not expected to significantly increase the retention or
bycatch of HMS.
All fishing activities would be monitored by Federal fisheries
observers or NMFS trained research staff to provide data on longline
gear configuration; target and incidental catch; bycatch of billfish,
juvenile swordfish, and bluefin tuna; and sea turtle interactions. NMFS
currently collects this information on selected PLL vessels through the
POP.
Even though research effort necessarily will result in an increase
in fishing effort (from complete closure to
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limited scientific access) an increase in fishing effort across the
entire fishery is not anticipated because vessels participating in the
research fishery would have otherwise been fishing commercially for HMS
in other, open areas.
The regulations that prohibit the proposed activities absent
issuance of an EFP include requirements for vessel reporting (50 CFR
635.4) and fishing in a closed area (50 CFR 635.21(c)(2)).
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Table 1. Coordinates of the proposed research area (preferred alternative 3) shown in Figure 1 beginning with
location number 1 and proceeding clockwise through location number 12.
----------------------------------------------------------------------------------------------------------------
N. Latitude W. Longitude
Point --------------------------------------------------------------------------------------------
Degrees Minutes Seconds Degrees Minutes Seconds
----------------------------------------------------------------------------------------------------------------
1 34 0 0 76 0 0
----------------------------------------------------------------------------------------------------------------
2 31 0 0 76 0 0
----------------------------------------------------------------------------------------------------------------
3 31 0 0 78 0 0
----------------------------------------------------------------------------------------------------------------
4 28 17 6.9 79 11 54.5
----------------------------------------------------------------------------------------------------------------
5 28 0 0 79 23 47.9
----------------------------------------------------------------------------------------------------------------
6 28 0 0 79 40 0
----------------------------------------------------------------------------------------------------------------
7 31 0 0 79 40 0
----------------------------------------------------------------------------------------------------------------
8 31 0 0 79 54 38.9
----------------------------------------------------------------------------------------------------------------
9 31 47 7.2 78 21 50.5
----------------------------------------------------------------------------------------------------------------
10 32 29 12.1 78 40 21.0
----------------------------------------------------------------------------------------------------------------
11 33 5 35.8 77 27 15.7
----------------------------------------------------------------------------------------------------------------
12 34 0 0 76 15 26.5
----------------------------------------------------------------------------------------------------------------
All other relevant regulations concerning HMS at 50 CFR part 635 would
apply.
Authority: 16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.
Dated: December 21, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 07-6290 Filed 1-2-08; 8:45 am]
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