Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle Release Gear; Amendment 49, 22383-22389 [2019-10052]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22383-22389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10052]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180427420-8420-02]
RIN 0648-BH92


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle 
Release Gear; Amendment 49

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in Amendment 49 
to the Fishery Management Plan (FMP) for the Reef Fish Resources of the 
Gulf of Mexico (Gulf) (Amendment 49), as prepared and submitted by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
adds three new devices to the Federal regulations as options for 
fishermen with Federal commercial or charter vessel/headboat permits 
for Gulf reef fish to meet existing requirements for carrying sea 
turtle release gear on board vessels, and updates the regulations to 
simplify and clarify the requirements for other sea turtle release 
gear. This final rule also modifies the FMP framework procedure to 
allow for future changes to release gear and handling requirements for 
sea turtles and other protected resources. The purpose of this final 
rule is to allow the use of new devices to safely handle and release 
incidentally captured sea turtles, clarify existing requirements, and 
streamline the process for making any future changes to the release 
devices and handling procedures for sea turtles and other protected 
species.

DATES: This final rule is effective on June 17, 2019. The incorporation 
by reference of certain publications listed in this final rule is 
approved by the Director of the Federal Register as of June 17, 2019.

ADDRESSES: Electronic copies of Amendment 49 may be obtained from 
www.regulations.gov or from the Southeast Regional Office website at 
https://www.fisheries.noaa.gov/action/amendment-49-modify-sea-turtle-release-gear-and-reef-fish-framework-procedure.html. Amendment 49 
includes an environmental assessment, a fishery impact statement, a 
regulatory impact review, and a Regulatory Flexibility Act analysis.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305; email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The FMP was prepared by the Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
    On October 4, 2018, NMFS published a notice of availability (NOA) 
for Amendment 49 and requested public comment (83 FR 50056). On October 
25, 2018, NMFS published a proposed rule for Amendment 49 and requested 
public comment (83 FR 53839). Amendment 49 and the proposed rule 
outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Amendment 49 and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule adds three new sea turtle handling and release 
devices to the Federal regulations, clarifies the requirements for 
other required gear previously approved, and modifies the FMP framework 
procedure to include any future changes to release gear and handling 
requirements for sea turtles and other protected resources. NMFS and 
the Council are making these changes to provide additional flexibility 
to fishermen in complying with sea turtle release gear requirements, to 
aid fishermen and law enforcement with compliance and enforcement 
efforts by clarifying existing requirements, and to allow for more 
rapid implementation of regulatory changes to release gear and handling 
requirements.

New Sea Turtle Release Gear

    For vessels with Federal commercial and charter vessel/headboat 
permits for Gulf reef fish, this final rule adds three new sea turtle 
release and handling devices to the Federal regulations that have been 
approved for use by the NMFS Southeast Fisheries Science Center 
(SEFSC), providing more options for fishermen to fulfill the sea turtle 
gear requirements. Details for these new devices can be found in 
Amendment 49 and in the proposed rule, and is included in the 2019 NMFS 
SEFSC sea turtle handling and release protocols Technical Memorandum 
titled, ``Careful Release Protocols for Sea Turtle Release with Minimal 
Injury'' (Release Protocols). Detailed specifications for all SEFSC-
approved handling and release devices are included in the new NMFS 
SEFSC Technical Memorandum titled, ``Design Standards and Equipment for 
Careful Release of Sea Turtles Caught in Hook-and-Line Fisheries.'' 
NMFS expects the new release devices to increase flexibility for 
fishermen and increase regulatory compliance within the fishery, which 
may result in positive benefits to sea turtles.
    Two of the new sea turtle handling devices are a collapsible hoop 
net and a sea turtle hoist (net). Both of these devices are more 
compact versions of the previously approved long-handled

[[Page 22384]]

dip net, and they would be used for bringing an incidentally captured 
sea turtle on board the fishing vessel to remove fishing gear from the 
sea turtle. For the collapsible hoop net, the net portion is attached 
to hoops made of flexible stainless steel cable; when the collapsible 
hoop net is folded over on itself for storage, its size reduces to 
about half of its original diameter. Additionally, there are two 
versions of the sea turtle hoist. One version consists of the net 
portion securely fastened to a rigid frame, providing a relatively taut 
platform for the sea turtle to be brought on board. Another version 
creates a basket with the rigid frame and net that holds the sea turtle 
as it is brought on board. Both the collapsible hoop net and the sea 
turtle hoist use rope lines as handles attached to either side of the 
frame, in place of the long, rigid handle on the dip net. The 
collapsible hoop net or hoist can be used to bring sea turtles on board 
vessels with a high freeboard when it is not feasible to use or store a 
dip net on the vessel.
    The third new device is a dehooker that can be used to remove an 
externally embedded hook from a sea turtle. This device has a squeeze 
handle that secures the hook into notches at the end of the shaft of 
the dehooker, so the hook can be twisted out. This new device provides 
another option for fishermen to comply with the regulations for a 
short-handled dehooker for external hooks.

Requirements for Existing Sea Turtle Release Gear

    This final rule also updates the requirements of some previously 
approved devices for clarity and simplicity, and to aid fishermen and 
law enforcement with compliance and enforcement efforts. This final 
rule replaces ``approximately'' in the applicable regulations and 
provides precise specifications to clarify requirements for the 
dimensions or lengths of several devices. The revisions provide for 
either a minimum size dimension or a size range for the short-handled 
dehookers for external and internal hooks, the bite block on the short-
handled internal use dehooker, the long-nose or needle-nose pliers, the 
bolt cutters, and the block of hard wood and hank of rope when used as 
mouth openers and gags. In general, these clarifications either 
establish the approximate dimensions previously approved as a minimum, 
or establish the smaller end of the size range for the required 
dimensions as a minimum. Other changes to release devices are listed 
below.
    Previously approved regulations specify that short and long-handled 
dehookers must be constructed of grade 316L stainless steel, which is 
resistant to corrosion from salt water. SEFSC has also approved grade 
304L stainless steel for the construction of all short-handled and 
long-handled dehookers. This additional grade of stainless steel is 
commonly available and is also corrosion resistant. This final rule 
allows for the construction of these dehookers to include 304L 
stainless steel.
    Another required device to assist with removing fishing gear from a 
sea turtle is a pair of monofilament line cutters. SEFSC has clarified 
that the blade length must be a minimum of 1 inch (2.54 cm) but can be 
longer, and therefore, this final rule revises the blade length 
requirement.
    Mouth openers and gags are another required gear type used to hold 
a sea turtle's mouth open to remove fishing gear. At least two of the 
seven types of mouth openers and gags are required on board. Previous 
regulations stated the canine mouth gags, an option for this gear 
requirement, had to have the ends covered with clear vinyl tubing, 
friction tape, or similar, to add more padding to the surface of the 
mouth gag. However, SEFSC has determined that this is not necessary and 
could result in the canine mouth gags not functioning properly. This 
final rule removes the requirement to cover the ends of the canine 
mouth gags with these materials from the regulations.
    A life-saving device on a vessel, such as a personal flotation 
device or life ring buoy, may be used as the required cushion or 
support device for sea turtles brought aboard a vessel to remove 
fishing gear. This final rule adds regulatory language to clarify that 
any life-saving device used to fulfill the sea turtle safe handling 
requirements cannot also be used to meet U.S. Coast Guard safety 
requirements of one flotation device per person on board the vessel, 
i.e., there must be an extra life-saving device on board to meet the 
requirement for a sea turtle cushion or support device.
    Lastly, fishermen are required to maintain a copy of the NMFS 
document titled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury'' on each vessel for reference in the event a sea 
turtle is incidentally captured. This final rule allows fishermen to 
use an electronic or paper copy of the 2019 version of the Release 
Protocols document to fulfill the requirement, as long as the 
electronic copy is readily available for viewing and reference during a 
trip.

FMP Framework Procedure

    To expand the Council and NMFS' ability to implement new release 
devices and handling requirements in a more timely manner, Amendment 49 
and this final rule allow changes to the release gear and handling 
techniques for sea turtles and other protected species under the FMP 
framework procedure. For example, the Council could more quickly add a 
new release device for sea turtles if approved by SEFSC. The Council 
decided that making these changes through an expedited process may have 
beneficial biological and socio-economic impacts, especially if the 
changes respond to newer information. The Council concluded that the 
framework procedure would still allow adequate time for the public to 
comment on any future proposed regulatory changes.

Comments and Responses

    NMFS received 11 comments during the public comment periods on the 
NOA and proposed rule for Amendment 49. The majority of the comments 
were in support of Amendment 49 and the proposed rule. NMFS 
acknowledges the comments in favor of all or part of the actions in 
Amendment 49 and the proposed rule, and agrees with them. Comments that 
were beyond the scope of the proposed rule are not responded to in this 
final rule. In this final rule, no changes were made in response to 
public comment on Amendment 49 or the proposed rule. One comment 
addressing an action in Amendment 49 and the proposed rule, as well as 
NMFS' response, is summarized below.
    Comment 1: The action to remove the padding from the ends of the 
canine mouth gags is concerning, because they are an approved sea 
turtle handling and release device. The padded surface helps to hold 
the sea turtle's mouth open and keeps the mouth gag in place. Before 
implementing the final rule, further research should be conducted on 
the benefits of a padded surface to sea turtle safety.
    Response: During the development of Amendment 49, the Council and 
NMFS discussed removing the requirement for vinyl tubing or other 
similar padding from the canine mouth gags. These gags are already 
manufactured with a small rubber pad on each end to provide protection 
and secure the device. SEFSC determined through previous experiences 
using the canine mouth gags on sea turtles that the additional tubing 
could prevent the gags from operating as intended and slip, which could 
cause the gag to dislodge during the removal of fishing gear and cause

[[Page 22385]]

injury to the sea turtle or the person removing the fishing gear. 
Therefore, this final rule removes the requirement for tubing or 
padding from canine mouth gags when used to comply with the sea turtle 
release gear requirements.

Changes to the Codified Text From the Proposed Rule

    In this final rule, NMFS removes the introductory paragraph in 
appendix F to part 622 that originally appeared in the proposed rule 
for Amendment 49. NMFS has determined the introductory paragraph is not 
necessary.
    This final rule corrects a paragraph reference in the regulatory 
text of the proposed rule located in appendix F, paragraph C.4. The 
paragraph reference A.3. for a long-handled J-style dehooker is 
corrected to read paragraph C.3.
    This final rule modifies language in paragraph C.4.(a) of appendix 
F to part 622 for further consistency with the 2019 Release Protocols 
document. A long-handled gaff or another tool with a sharp point that 
may be used to grab or control fishing gear must never contact a sea 
turtle to avoid potentially serious injury to the animal.
    In addition, NMFS corrects language that appeared in the regulatory 
text of the proposed rule in appendix F, paragraph C.12(b) to remove 
reference to specific grades of stainless steel for the canine mouth 
gags. Although this device was previously required to be constructed of 
stainless steel, the Council and SEFSC did not recommend specific 
grades of stainless steel for this device in Amendment 49. Canine mouth 
gags are manufactured primarily for use by veterinarians, and it is not 
possible to customize their construction using specific grades of 
stainless steel.
    This final rule includes additional language in paragraph D. of 
appendix F to part 622 regulations to more completely summarize sea 
turtle handling and release techniques stated in the 2019 Release 
Protocols document.
    NMFS made additional small edits to the regulatory text in appendix 
F to part 622 to improve consistency and readability, and reduce 
redundancy.
    Finally, this final rule adds more information regarding materials 
that are incorporated by reference (IBR), e.g., the 2019 Release 
Protocols document, including specifying in the part 622 regulations 
how fishermen and other interested parties can readily obtain these 
materials.

Incorporation by Reference

    If a sea turtle is incidentally caught during fishing operations, 
the owner or operator of a federally permitted commercial vessel or a 
recreational charter vessel or headboat for Gulf reef fish must have 
the 2019 Release Protocols document (incorporated by reference, see 
Sec.  622.29(b) below) available for reference on board to safely 
handle and release the animal. In addition, a placard summarizing sea 
turtle handling and release guidelines (incorporated by reference, see 
Sec.  622.29(b) below) must be posted on the vessel. The Release 
Protocols document is a NOAA Technical Memorandum published by the NMFS 
Southeast Fisheries Science Center. The placard is also contained 
within the Release Protocols document, and the placard is available in 
English, Spanish, and Vietnamese. Both the Release Protocols document 
and placard are available at the NMFS Southeast Regional Office, 263 
13th Ave. South, St. Petersburg, FL 33701, phone: 727-824-5301, or for 
digital download and printing from this website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols.html.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 49, the 
FMP, the Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble.
    The objectives of this final rule are to provide greater 
flexibility to vessels in the commercial reef fish fishing industry 
(i.e., with Federal commercial Gulf reef fish permits) and for-hire 
reef fish fishing industry (i.e., with Federal charter vessel/headboat 
Gulf reef fish permits) in complying with release gear regulations, 
clarify existing requirements of currently required release gear for 
fishery participants and law enforcement officers, and streamline the 
process for future revisions to release gear and handling procedures 
for incidentally captured sea turtles and other protected species after 
approval by the SEFSC.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this final 
rule would not have a significant economic impact on a substantial 
number of small entities. NMFS did not receive any comments from SBA's 
Office of Advocacy or the public regarding the economic analysis of 
Amendment 49 or the certification in the proposed rule. No changes to 
this final rule were made in response to public comments. The factual 
basis for the certification was published in the proposed rule and is 
not repeated here. Because this final rule is not expected to have a 
significant economic impact on a substantial number of small entities, 
a final regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 622

    Charter vessel, Commercial, Fisheries, Fishing, Gulf of Mexico, 
Headboat, Incorporation by reference, Sea turtle.

    Dated: May 10, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  622.29, revise paragraph (a)(1) and add paragraph (b) to 
read as follows:


Sec.  622.29  Conservation measures for protected resources.

    (a) * * *
    (1) Sea turtle conservation measures. (i) The owner or operator of 
a vessel for which a commercial vessel permit for Gulf reef fish or a 
charter vessel/headboat permit for Gulf reef fish has been issued, as 
required under Sec.  622.20(a)(1) and (b), respectively, must have the 
2019 version of the NMFS document titled, ``Careful Release Protocols 
for Sea Turtle Release with Minimal Injury'' available for reference on 
board electronically or have a paper copy on board inside the 
wheelhouse, or within a waterproof case if there is no wheelhouse. In 
addition, the NMFS sea turtle handling and release guidelines placard 
must be posted inside the wheelhouse or an easily viewable area on the 
vessel if there is no wheelhouse.
    (ii) Such owner or operator must also comply with the sea turtle 
interaction

[[Page 22386]]

mitigation measures, including the release gear and handling 
requirements specified in paragraphs C. and D. in appendix F to this 
part.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board a net or hoist, tire or other support 
device, short-handled dehooker(s) for internal and external hooks, 
long-nose or needle-nose pliers, bolt cutters, monofilament line 
cutters, and at least two types of mouth openers or mouth gags. This 
equipment must meet the specifications described in appendix F to this 
part.
    (iv) Those permitted vessels with a freeboard height of greater 
than 4 ft (1.2 m) must have on board a net or hoist, tire or other 
support device, long-handled line clipper or cutter, short-handled 
dehooker(s) for internal and external hooks, long-handled dehooker(s) 
for internal and external hooks, a long-handled device to pull an 
inverted ``V'' in the fishing line, long-nose or needle-nose pliers, 
bolt cutters, monofilament line cutters, and at least two types of 
mouth openers or mouth gags. This equipment must meet the 
specifications described in appendix F to this part.
* * * * *
    (b) Incorporation by reference. The standards required in paragraph 
(a)(1) of this section are incorporated by reference into this section 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the National Marine Fisheries Service, Southeast Regional 
Office, 263 13th Ave. South, St. Petersburg, FL 33701, phone: 727-824-
5301, website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols.html, and is available from the sources listed in paragraphs 
(b)(1) and (2) of this section. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast Fisheries 
Science Center, 75 Virginia Beach Drive, Miami, FL 33149.
    (i) Careful Release Protocols for Sea Turtle Release with Minimal 
Injury, NOAA Technical Memorandum NMFS-SEFSC-735, Stokes, L., and 
Bergmann, C. (Editors), 2019.
    (ii) [Reserved]
    (2) U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast Regional 
Office, 263 13th Ave. South, St. Petersburg, FL 33701.
    (i) Sea Turtle Handling/Release Guidelines: Quick Reference for 
Hook and Line Fisheries, English, Spanish, Vietnamese, Revised April 
2019.
    (ii) [Reserved]

0
3. In Sec.  622.42, revise the introductory text and add paragraph (b) 
to read as follows:


Sec.  622.42  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the Reef 
Fish Resources of the Gulf of Mexico, the RA may establish or modify 
the items specified in paragraph (a) of this section for Gulf reef 
fish, or paragraph (b) of this section for sea turtles and other 
protected species.
* * * * *
    (b) Possession, specifications, and use of required release gear 
and handling requirements for sea turtles and other protected species.

0
4. Amend appendix F to part 622 by:
0
a. Revising the appendix heading;
0
b. Revising the headings of paragraphs A. and B.; and
0
c. Adding paragraphs C. through E.
    The revisions and additions read as follows:

Appendix F to Part 622--Specifications for Sea Turtle Release Gear and 
Handling Requirements

    A. Sea turtle release gear for the snapper-grouper fishery of 
the South Atlantic.
* * * * *
    B. Sea turtle handling and release requirements for the snapper-
grouper fishery of the South Atlantic. * * *
* * * * *
    C. Sea turtle release gear for the reef fish fishery of the Gulf 
of Mexico.
    1. Long-handled line clipper or cutter. Line cutters are 
intended to cut fishing line as close as possible to the hook, and 
assist in removing line from an entangled sea turtle to minimize any 
remaining gear upon release. One long-handled line clipper or cutter 
and one set of replacement blades are required to be on board. The 
minimum design standards are as follows:
    (a) A protected and secured cutting blade. The cutting blade(s) 
must be capable of cutting 2.0 to 2.1-mm (0.078 to 0.083-inch) 
diameter monofilament line (approximately 400 to 450-lb test 
strength) or polypropylene multistrand material, known as braided or 
tarred mainline, and the cutting blade must be maintained in working 
order. The cutting blade must be curved, recessed, contained in a 
holder, or otherwise designed to facilitate its safe use so that 
direct contact between the cutting surface and the sea turtle or the 
user is prevented. The cutting instrument must be securely attached 
to an extended reach handle and the blade(s) must be easily 
replaceable during a trip if necessary. The extra set of replacement 
blades must meet these standards and be carried on board to replace 
all cutting surfaces on the line cutter or clipper.
    (b) An extended reach handle. The line cutter blade must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to or greater than 150 percent of the freeboard, or a 
minimum length of 6 ft (1.8 m), whichever is greater. The extended 
reach handle may break down into sections for storage, but it is not 
required. There is no restriction on the type of material used to 
construct this handle as long as it is sturdy and facilitates the 
secure attachment of the cutting blade.
    2. Long-handled dehooker for internal hooks. One long-handled 
dehooker to remove internal hooks from sea turtles that cannot be 
brought on board is required on the vessel. It should also be used 
to engage an unattached hook when a sea turtle is entangled but not 
hooked, and line is being removed. The design must shield the point 
of the hook and prevent the hook from re-engaging during the removal 
process. The minimum design standards are as follows:
    (a) Hook removal device. The dehooker must be constructed of \3/
16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 316L or 304L 
stainless steel and have a dehooking end no larger than 1\7/8\ 
inches (4.8 cm) outside diameter. The dehooker must securely engage 
and control the leader while shielding the point to prevent the hook 
from re-engaging during removal. It may not have any unprotected 
terminal points (including blunt ones), as these could cause injury 
to the esophagus during hook removal. The dehooker must be of a size 
appropriate to secure the range of hook sizes and styles used on the 
vessel.
    (b) Extended reach handle. The dehooking end that secures the 
fishhook must be securely fastened to an extended reach handle or 
pole with a minimum length equal to or greater than 150 percent of 
the freeboard, or a minimum of 6 ft (1.8 m), whichever is greater. 
The extended reach handle may break down into sections for storage, 
but it is not required. The handle must be sturdy and strong enough 
to facilitate the secure attachment of the dehooking end.
    3. Long-handled dehooker for external hooks. One long-handled 
dehooker to remove external hooks from sea turtles that cannot be 
brought on board is required on the vessel. The long-handled 
dehooker for internal hooks described in paragraph C.2. of this 
appendix may be used to comply with this requirement. The minimum 
design standards are as follows:
    (a) Hook removal device. A long-handled dehooker must be 
constructed of \3/16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 
316L or 304L stainless steel and have a dehooking end no larger than 
1\7/8\ inches (4.8 cm) outside diameter. The dehooking end that 
secures the fishhook must be blunt with all edges rounded. The 
dehooker must be of a

[[Page 22387]]

size appropriate to secure the range of hook sizes and styles used 
on the vessel.
    (b) Extended reach handle. The handle must be a minimum length 
equal to the freeboard of the vessel or 6 ft (1.8 m), whichever is 
greater. The extended reach handle may break down into sections for 
storage, but it is not required.
    4. Long-handled device to pull an ``inverted V''. One long-
handled device to pull an ``inverted V'' is required on board. This 
tool is used to pull an ``inverted V'' in the fishing line when 
implementing the ``inverted V'' dehooking technique, as described in 
the 2019 version of the document titled ``Careful Release Protocols 
for Sea Turtle Release with Minimal Injury,'' for dehooking and 
disentangling sea turtles. A long-handled J-style dehooker as 
described in paragraph C.3. of this appendix may be used to comply 
with this requirement. The minimum design standards are as follows:
    (a) Hook end. This device, such as a standard boat hook or gaff 
must be constructed of stainless steel or aluminum; if a long-
handled J-style dehooker is used to comply with this requirement, it 
must be constructed of 316L or 304L stainless steel. The 
semicircular or ``J'' shaped hook end must be securely attached to 
the handle to allow the hook end to engage and pull an ``inverted 
V'' in the fishing line. A gaff or any other tool with a sharp point 
is to be used only for holding fishing lines and must never contact 
the sea turtle.
    (b) Extended reach handle. The handle must have a minimum length 
equal to the freeboard of the vessel or must be at least 6 ft (1.8 
m) in length, whichever is greater. The extended reach handle may 
break down into sections for storage, but it is not required. The 
handle must be sturdy and strong enough to facilitate the secure 
attachment of the hook end.
    5. Net or hoist. One approved net or hoist is required on board. 
These devices are to be used to facilitate safe handling of sea 
turtles by allowing them to be brought on board for fishing gear 
removal, without causing further injury to the animal. Sea turtles 
must not be brought on board without the use of a net or hoist. 
There must be no sharp edges or burrs on the hoop or frame, or where 
the hoop or frame attaches to the handle. There is no requirement 
for the hoop or frame to be circular as long as it meets the 
applicable minimum specifications. In this appendix, bar measure 
means the non-stretched distance between a side knot and a bottom 
knot of a net mesh; also known as the square mesh measurement. The 
types and minimum design standards for approved nets and hoists are 
as follows:
    (a) Dip net--(i) Size of the net. The dip net must have a sturdy 
net hoop or frame of at least 31 inches (78.7 cm) inside diameter 
and a bag depth of at least 38 inches (96.5 cm) to accommodate sea 
turtles up to 3 ft (0.9 m) in carapace (shell) length. The bag mesh 
size must not exceed 3 inches (7.6 cm), bar measure. The net hoop or 
frame must be made of a rigid material strong enough to facilitate 
the sturdy attachment of the net.
    (ii) Extended reach handle. The dip net hoop or frame must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to or greater than 150 percent of the freeboard, or at 
least 6 ft (1.8 m) in length, whichever is greater. The handle and 
net must be able to support a minimum of 100 lb (45.4 kg) without 
breaking or significant bending or distortion. The extended reach 
handle may break down into sections for storage, but it is not 
required.
    (b) Collapsible hoop net--(i) Size of the net. The collapsible 
hoop net must have a sturdy net hoop of at least 31 inches (78.7 cm) 
inside diameter and a bag depth of at least 38 inches (96.5 cm) to 
accommodate sea turtles up to 3 ft (0.9 m) in carapace (shell) 
length. The bag mesh size must not exceed 3 inches (7.6 cm), bar 
measure. The net hoop must be strong enough to facilitate the sturdy 
attachment of the net.
    (ii) Extended reach handle. The collapsible hoop net must be 
securely fastened with rope(s) or other line(s) connected to the 
hoop with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The rope(s) and net must be able to support a minimum of 
100 lb (45.4 kg) without breaking or significant distortion.
    (c) Small hoist--(i) Size of the hoist. The sea turtle hoist 
must have a sturdy net hoop or frame of at least 31 inches (78.7 cm) 
inside diameter to accommodate sea turtles up to 3 ft (0.9 m) in 
carapace (shell) length. The net mesh size must not exceed 3 inches 
(7.6 cm), bar measure. If polyvinyl chloride, or PVC, pipe is used 
to construct the hoist, the pipe fittings must be glued together and 
a minimum strength of Schedule 40 pipe must be used. The hoist hoop 
or frame must be made of a rigid material strong enough to 
facilitate the sturdy attachment of the net.
    (ii) Extended reach handle. The sea turtle hoist must be 
securely fastened with ropes or other lines connected to the hoop or 
frame with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The ropes and hoist hoop or frame must be able to support a 
minimum of 100 lb (45.4 kg) without breaking or significant 
distortion.
    6. Cushion or support device. A standard automobile tire free of 
exposed steel belts, a boat cushion, or any other comparable 
cushioned and elevated surface, is required for supporting a sea 
turtle in an upright orientation while the sea turtle is on board. 
The cushion or support device must be appropriately sized to fully 
support a range of sea turtle sizes. Any life-saving device that 
would be used to support a sea turtle on board must be dedicated for 
that purpose and in addition to all minimum human safety at sea 
requirements.
    7. Short-handled dehooker for internal hooks. One short-handled 
dehooker for removing internal hooks is required on board. This 
dehooker is designed to remove internal hooks from sea turtles 
brought on board. This dehooker can also be used on external hooks. 
The minimum design standards are as follows:
    (a) General. The dehooker must allow the hook to be secured and 
the hook point shielded without re-engaging during the removal 
process. It may not have any unprotected terminal points, including 
blunt ones, as this could cause injury to the esophagus during hook 
removal. A sliding plastic bite block must be permanently installed 
around the shaft to protect the beak and facilitate hook removal in 
case a sea turtle bites down on the dehooker. The dehooker must be 
of a size appropriate to secure the range of hook sizes and styles 
used on the vessel.
    (b) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 cm to 60.7 cm) long, with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar. The bite 
block must be constructed of a \3/4\ to 1-inch (1.9 to 2.5-cm) 
inside diameter high impact rated, rigid plastic cylinder (e.g., 
Schedule 80 PVC) that is 4 to 6 inches (10.2 to 15.2 cm) long to 
allow for 5 inches (12.7 cm) of slide along the shaft. The dehooking 
end must be no larger than 1\7/8\ inches (4.8 cm) outside diameter.
    8. Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required on board. This dehooker is 
designed to remove external hooks from sea turtles brought on board. 
The short-handled dehooker for internal hooks required to comply 
with paragraph C.7. of this appendix may be used to comply with this 
requirement. The minimum design standards are as follows:
    (a) Fixed handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be of a size appropriate to secure the range of hook 
sizes and styles used on the vessel.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 to 60.7 cm) long with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar.
    (b) Squeeze handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be able to secure the range of hook sizes and styles 
used on the vessel. This dehooker secures a fishhook for removal by 
squeezing the handles together using one hand to grab and pull the 
hook into notches at the top of the shaft of the dehooker.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The overall length must be a minimum of 11 
inches (27.9 cm) long.
    9. Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers is required on board. Required long-nose or 
needle-nose pliers can be used to remove hooks from the sea turtle's 
flesh or for removing hooks from the front of the mouth. They can 
also hold PVC splice couplings in place, when used as mouth gags. 
The minimum design standards are as follows: The long-nose or 
needle-nose pliers must be a minimum of 11 inches (27.9 cm) in 
length. It is recommended that the pliers be constructed of 
stainless steel or other corrosion resistant metal material.
    10. Bolt cutters. One pair of bolt cutters is required on board. 
Required bolt cutters may

[[Page 22388]]

be used to cut off the eye or barb of a hook to facilitate the hook 
removal without causing further injury to the sea turtle. They 
should also be used to cut off as much of the hook as possible, when 
the remainder of the hook cannot be removed. The minimum design 
standards are as follows: The bolt cutters must be a minimum of 14 
inches (35.6 cm) in total length, with blades that are a minimum of 
4 inches (10.2 cm) long and 2\1/4\ inches (5.7 cm) wide, when 
closed. Required bolt cutters must be able to cut hard metals, such 
as stainless or carbon steel hooks, up to \1/4\-inch (6.4-mm) wire 
diameter, and they must be capable of cutting through the hooks used 
on the vessel.
    11. Monofilament line cutters. One pair of monofilament line 
cutters is required on board. Required monofilament line cutters 
must be used to remove fishing line entangling a sea turtle, or to 
cut fishing line as close to the eye of the hook as possible if the 
hook is swallowed or if the hook cannot be removed. The minimum 
design standards are as follows: The monofilament line cutters must 
be a minimum of 6 inches (15.2 cm) in length. The blades must be a 
minimum of 1 inch (2.5 cm) in length and \5/8\ inches (1.6 cm) wide, 
when closed.
    12. Mouth openers or mouth gags. Required mouth openers and 
mouth gags are used to open sea turtle mouths, and to keep them open 
when removing internal hooks from sea turtles brought on board. They 
must allow access to the hook or line without causing further injury 
to the sea turtle. Design standards are included in the item 
descriptions. At least two of the seven different types of mouth 
openers or mouth gags described in paragraphs C.12.(a) through (g) 
of this appendix are required.
    (a) A block of hard wood. A block of hard wood of a type that 
does not splinter (e.g., maple) with rounded and smoothed edges, or 
a wooden-handled brush with the bristles removed. The dimensions 
must be a minimum of 10 inches (25.4 cm) by \3/4\ inch (1.9 cm) by 
\3/4\> inch (1.9 cm).
    (b) A set of three canine mouth gags. A set of canine mouth gags 
must include one of each of the following sizes: Small (5 inches, 
12.7 cm), medium (6 inches, 15.2 cm), and large (7 inches, 17.8 cm). 
They must be constructed of stainless steel.
    (c) A set of two sturdy dog chew bones. Required canine chews 
must be constructed of durable nylon or thermoplastic polymer, and 
strong enough to withstand biting without splintering. To 
accommodate a variety of sea turtle beak sizes, a set must include 
one large (5\1/2\ to 8 inches (14 cm to 20.3 cm) in length), and one 
small (3\1/2\ to 4\1/2\ inches (8.9 cm to 11.4 cm) in length) canine 
chew bones.
    (d) A set of two rope loops covered with protective tubing. A 
required set consists of two 3-ft (0.9-m) lengths of poly braid rope 
(\3/8\-inch (9.5-mm) diameter suggested), each covered with an 8-
inch (20.3-cm) long section of \1/2\-inch (1.3-cm) to \3/4\-inch 
(1.9-cm) diameter light duty garden hose or similar flexible tubing, 
and each rope tied into a loop.
    (e) A hank of rope. A length of soft braided or twisted nylon 
rope a minimum of \3/16\-inch (4.8-mm) diameter must be folded to 
create a hank, or looped bundle, of rope. The rope must create a 
hank of 2 to 4 inches (5.1 cm to 10.2 cm) in thickness.
    (f) A set of four PVC splice couplings. A required set must 
consist of the following Schedule 40 PVC splice coupling sizes: 1 
inch (2.5 cm), 1\1/4\ inch (3.2 cm), 1\1/2\ inch (3.8 cm), and 2 
inches (5.1 cm). PVC splice couplings are held in a sea turtle's 
mouth with the needle-nose pliers.
    (g) A large avian oral speculum. The avian oral speculum must be 
9 inches (22.9 cm) long, and constructed of \3/16\-inch (4.8-mm) 
wire diameter 304 stainless steel. The wire must be covered with 8 
inches (20.3 cm) of clear vinyl tubing (\5/16\-inch (7.9-mm) outside 
diameter, \3/16\-inch (4.8-mm) inside diameter), friction tape, or 
similar to pad the surface.
    D. Sea turtle handling requirements for the reef fish fishery of 
the Gulf of Mexico. Any sea turtle incidentally captured during 
fishing operations must be handled, and release gear must be used, 
in accordance with the NMFS careful handling, resuscitation, and 
release protocols as specified in this appendix, in the 2019 version 
of the NMFS document titled, ``Careful Release Protocols for Sea 
Turtle Release with Minimal Injury'', or on the NMFS sea turtle 
handling and release guidelines placard.
    1. Sea turtles brought on board. When practicable, both active 
and comatose (inactive) sea turtles must be brought on board the 
vessel without causing further injury to the animal, using a net or 
hoist as specified in paragraph C.5. of this appendix. Release gear 
specified in paragraphs C.6. through C.12. of this appendix must be 
used to remove fishing gear from sea turtles. All sea turtles up to 
3 ft (0.9 m) carapace (shell) length must be brought on board to 
remove fishing gear if sea conditions allow.
    (a) Place a sea turtle upright on its bottom shell on a cushion 
or support device, as specified in paragraph C.6. of this appendix, 
to immobilize it and facilitate gear removal. Then, determine if the 
fishing gear can be removed without causing further injury. All 
externally embedded hooks should be removed, unless hook removal 
would result in further injury to the sea turtle. No attempt to 
remove a hook should be made if it has been swallowed and the 
insertion point of the hook is not clearly visible, or if it is 
determined that removal would result in further injury to the sea 
turtle.
    (b) If a hook cannot be removed, remove as much line as possible 
from the sea turtle and the hook using monofilament cutters as 
specified in paragraph C.11. of this appendix, and as much of the 
hook as possible should be removed before releasing the sea turtle, 
using bolt cutters as specified in paragraph C.10. of this appendix.
    (c) If a hook can be removed, an effective technique may be to 
cut off the barb or the eye of the hook using bolt cutters, and then 
to slide the hook out. When the hook is visible in the mouth, a 
mouth opener or mouth gag, as specified in paragraph C.12. of this 
appendix, may facilitate opening the sea turtle's mouth and keeping 
the mouth open. Short-handled dehookers for internal hooks, or long-
nose or needle-nose pliers, as specified in paragraphs C.7. and C.8. 
of this appendix, respectively, should be used to remove visible 
hooks from the mouth that have not been swallowed on boated sea 
turtles, as appropriate.
    (d) If a sea turtle appears comatose or inactive, follow the 
NMFS resuscitation protocols to attempt revival before its release. 
As much gear as possible must be removed from the sea turtle without 
causing further injury prior to its release.
    (e) Sea turtle resuscitation. Resuscitation must be attempted on 
any sea turtle that is comatose or appears inactive by:
    (i) Place the sea turtle upright on its bottom shell and elevate 
its hindquarters at least 6 inches (15.2 cm) to drain any water from 
the sea turtle for a period of at least 4 hours and up to 24 hours. 
The amount of the elevation depends on the size of the sea turtle; 
greater elevations are needed for larger sea turtles.
    (ii) Periodically rock the sea turtle gently from left to right 
by holding the outer edge of the shell (carapace) and lift one side 
about 3 inches (7.6 cm), and then alternate to the other side.
    (iii) The sea turtle being resuscitated must be shaded and kept 
damp or moist. Do not put the sea turtle into a container holding 
water. A water-soaked towel placed over the head, shell, and 
flippers is the most effective method to keep a sea turtle moist.
    (iv) Gently touch the corner of the eye and pinch the tail 
(reflex test) periodically to see if there is a response indicating 
the sea turtle may be recovering.
    (f) Sea turtle release. A sea turtle that is actively moving or 
determined to be dead as described in paragraph D.1.(g) of this 
appendix must be released. Release the sea turtle when fishing gear 
is not in use to avoid recapturing the sea turtle. Place the engine 
gear in neutral position, and then lower the sea turtle into the 
water from a low part on the vessel, in an area where the sea turtle 
is unlikely to be recaptured or injured by vessels.
    (g) A sea turtle is determined to be dead if the muscles are 
stiff (rigor mortis) and/or the flesh has begun to rot; otherwise 
the sea turtle is determined to be comatose or inactive, and 
resuscitation attempts are necessary as specified in paragraph 
D.1.(e) of this appendix.
    (h) A sea turtle that fails to respond to the reflex test or 
fails to move within 4 hours (up to 24 hours if possible) must be 
returned to the water in the same manner as that for an actively 
moving sea turtle.
    2. Sea turtles that cannot be brought on board. If a sea turtle 
is too large, or is hooked or entangled in a manner that prevents 
bringing the sea turtle on board safely and without causing further 
injury, release gear specified in paragraphs C.1. through C.4. of 
this appendix must be used to remove the maximum amount of fishing 
gear from the sea turtle, or to remove as much line as possible from 
the sea turtle or from a hook that cannot be removed prior to 
releasing the sea turtle.
    (a) A non-boated sea turtle should be brought close to the boat. 
Then, determine whether the hook can be removed without causing 
further injury to the sea turtle. All externally embedded hooks 
should be removed, unless hook removal would result in further 
injury to the sea turtle. No attempt

[[Page 22389]]

should be made to remove a hook if it has been swallowed and the 
insertion point is not clearly visible, or if it is determined that 
removal would result in further injury.
    (b) If the hook cannot be removed or if the sea turtle is only 
entangled, remove as much line as possible prior to its release 
using a long-handled line cutter specified in paragraph C.1. of this 
appendix.
    (c) If the hook can be removed, it must be removed using the 
appropriate long-handled dehooker specified in paragraph C.2. or 
C.3. of this appendix. Without causing further injury, as much gear 
as possible must be removed from the sea turtle prior to its 
release.
    (3) Any sea turtle taken incidentally while fishing, regardless 
of whether the sea turtle is alive or dead, or whether it is brought 
on board, must not be consumed, sold, landed, offloaded, 
transshipped, or kept below deck.
    E. Incorporation by reference. The standards required in 
paragraphs C. and D. of this appendix are incorporated by reference 
into this appendix with the approval of the Director of the Federal 
Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
material is available for inspection at the National Marine 
Fisheries Service, Southeast Regional Office, 263 13th Ave. South, 
St. Petersburg, FL 33701, phone: 727-824-5301, website: https://www.fisheries.noaa.gov/southeast/endangered-species-conservation/sea-turtle-and-smalltooth-sawfish-release-gear-protocols.html, and 
is available from the sources listed in paragraphs E.1. and E.2. of 
this appendix. It is also available for inspection at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030 or go to 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    1. U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast 
Fisheries Science Center, 75 Virginia Beach Drive, Miami, FL 33149.
    (a) Careful Release Protocols for Sea Turtle Release with 
Minimal Injury, NOAA Technical Memorandum NMFS-SEFSC-735, Stokes, 
L., and Bergmann, C. (Editors), 2019.
    (b) [Reserved]
    2. U.S. Department of Commerce, National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service, Southeast 
Regional Office, 263 13th Ave. South, St. Petersburg, FL 33701.
    (a) Sea Turtle Handling/Release Guidelines: Quick Reference for 
Hook and Line Fisheries, English, Spanish, Vietnamese, Revised April 
2019.
    (b) [Reserved]

[FR Doc. 2019-10052 Filed 5-16-19; 8:45 am]
 BILLING CODE 3510-22-P