Atlantic Highly Migratory Species; Bluefin Tuna Bycatch Reduction in the Gulf of Mexico Pelagic Longline Fishery, 2313-2327 [2011-689]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2313-2327]
From the Federal Register Online via the Government Printing 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 https://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 https://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 https://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 https://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 
interac