Atlantic Highly Migratory Species; Updates Regarding Sea Turtle Careful Release Equipment and Techniques, 24416-24422 [2024-07140]
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
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enter FWS–R4–ES–2023–0220, which is
the docket number for the December 21,
2023, proposed rule and this document.
Then click on the Search button. On the
resulting page, in the Search panel on
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document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R4–ES–2023–0220, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
William Pearson, Field Supervisor, U.S.
Fish and Wildlife Service, Alabama
Ecological Services Field Office, 1208
Main Street, Daphne, AL 36526;
telephone 251–441–5181. Individuals in
the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. Please see
Docket No. FWS–R4–ES–2023–0220 on
https://www.regulations.gov for a
document that summarizes the
December 21, 2023, proposed rule.
SUPPLEMENTARY INFORMATION:
Background
On December 21, 2023, we published
a proposed rule (88 FR 88338) to list the
coal darter as a threatened species under
the Act (16 U.S.C. 1531 et seq.). The
proposed rule opened a 60-day
comment period, ending February 20,
2024. Between February 2, and February
16, 2024, we received several requests to
extend the public comment period that
could not be accommodated before the
comment period ended. With this
document, we reopen the public
comment period for an additional 30
days, as specified above in DATES. For a
description of previous Federal actions
concerning the coal darter and
information on the types of comments
that would be helpful to us in making
a final determination on our proposal,
please refer to the December 21, 2023,
proposed rule (88 FR 88338).
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Public Comments
We will accept written comments and
information during the reopened
comment period on our December 21,
2023, proposed rule to list the coal
darter. We will consider information
and recommendations from all
interested parties. We intend that any
final action resulting from the proposed
rule will be based on the best scientific
and commercial data available and will
be as accurate and as effective as
possible. Our final determination will
take into consideration all comments
and any additional information we
receive during both comment periods on
the proposed rule.
Because we will consider all
comments and information we receive
during both open comment periods, our
final determination may differ from our
December 21, 2023, proposed rule (88
FR 88338). Based on the new
information we receive (and, if relevant,
any comments on that new
information), we may conclude that the
coal darter is endangered instead of
threatened, or we may conclude that the
species does not warrant listing as either
an endangered species or a threatened
species. In addition, we may change the
parameters of the prohibitions or the
exceptions to those prohibitions in the
proposed rule issued under section 4(d)
of the Act if we conclude it is
appropriate in light of comments and
new information received. For example,
we may expand the prohibitions to
include prohibiting take resulting from
additional activities if we conclude that
those additional activities are not
compatible with the conservation of the
species. Conversely, we may establish
additional exceptions to the
prohibitions in the final rule if we
conclude that the activities would
facilitate or are compatible with the
conservation and recovery of the
species. In our final rule, we will clearly
explain our rationale and the basis for
our final decision, including why we
made changes, if any, that differ from
the December 21, 2023, proposed rule.
If you already submitted comments or
information on the December 21, 2023,
proposed rule, please do not resubmit
them. Any such comments are
incorporated as part of the public record
of the rulemaking proceeding, and we
will fully consider them in the
preparation of our final determination.
Comments should be as specific as
possible. Please include sufficient
information with your submission (such
as scientific journal articles or other
publications) to allow us to verify any
scientific or commercial information
you assert. Please note that submissions
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merely stating support for, or opposition
to, the action under consideration
without providing supporting
information, although noted, will not be
considered in making a determination,
as section 4(b)(1)(A) of the Act directs
that determinations as to whether any
species is an endangered species or a
threatened species must be made
‘‘solely on the basis of the best scientific
and commercial data available.’’
We request that you send comments
only by the methods described in
ADDRESSES. If you submit information
via https://www.regulations.gov, your
entire submission—including your
personal identifying information—will
be posted on the website. If your
submission is made via a hardcopy that
includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy submissions on https://
www.regulations.gov. Comments and
materials we receive, as well as
supporting documentation we used in
preparing the proposed rule, will be
available for public inspection on
https://www.regulations.gov at FWS–
R4–ES–2023–0220.
Authors
The primary authors of this document
are the staff members of the Fish and
Wildlife Service’s Species Assessment
Team and the Alabama Ecological
Services Field Office.
Authority
The Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.), is
the authority for this action.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024–07331 Filed 4–5–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 240329–0093]
RIN 0648–BK89
Atlantic Highly Migratory Species;
Updates Regarding Sea Turtle Careful
Release Equipment and Techniques
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
This proposed rule would
update the Atlantic highly migratory
species (HMS) regulations regarding the
sea turtle safe handling and release
requirements and equipment in the
HMS pelagic and bottom longline
fisheries. These proposed updates are
based on two technical memoranda
published by NMFS’ Southeast
Fisheries Science Center (SEFSC) in
order to replace some of the more
technical terms with those that are more
commonly used, add more detail to
make the regulations more
understandable, and add additional
tools or options for fishermen to use to
safely handle and release sea turtles. In
addition, this proposed rule would
simplify the regulations by removing
redundancies, making minor changes in
formatting, and revising wording to
clarify responsibility of implementation.
DATES: Written comments must be
received by May 8, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0046. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0046,
by electronic submission. Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0046 in the search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Documents related to HMS fisheries
management, such as the 2006
Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated
HMS FMP) and its amendments, and the
referenced technical memoranda, are
available from the HMS Management
Division website at https://
www.fisheries.noaa.gov/resource/
outreach-materials/atlantic-highlymigratory-species-safe-handling-release-
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SUMMARY:
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and. These documents are also available
upon request from the HMS
Management Division by phone at 301–
427–8503.
FOR FURTHER INFORMATION CONTACT:
Becky Curtis, becky.curtis@noaa.gov, or
Steve Durkee, steve.durkee@noaa.gov;
301–427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries are managed under the
2006 Consolidated HMS FMP and its
amendments, pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) and consistent with the Atlantic
Tunas Convention Act (ATCA; 16 U.S.C.
971 et seq.). HMS implementing
regulations are at 50 CFR part 635. The
sea turtle handling and release
requirements and equipment are located
at § 635.21(b), (c), and (d).
Background
The original safe handling and release
gear requirements were implemented in
an interim final rule on March 30, 2001
(66 FR 17370). New sea turtle bycatch
and bycatch mortality mitigation
measures for all Atlantic vessels that
have pelagic longline gear on board
were published in a final rule on July 6,
2004 (69 FR 40734). Two technical
memoranda (TM) were published by the
Southeast Fisheries Science Center
(SEFSC) in 2019: NMFS–SEFSC TM735:
‘‘Careful Release Protocols for Sea
Turtle Release with Minimal Injury,’’
and NMFS–SEFSC TM738: ‘‘Design
Standards and Equipment for Careful
Release of Sea Turtles Caught in Hookand-Line Fisheries.’’ The SEFSC
developed these memoranda based
upon field-testing of equipment, user
feedback, feedback from observers, and
product design updates resulting from
experiments and observations
subsequent to experiments in the
Northeast Distant (NED) statistical
reporting area that informed the 2004
regulations. NMFS believes that it
would be helpful to revise the existing
regulations in light of the 2019 technical
memoranda. Based on those
memoranda, this proposed rule would
modify the regulations at 50 CFR
635.21(c) by: (1) adding additional
options for tools and procedures for
fishermen to use to safely handle and
release sea turtles; (2) replacing some of
the more technical terms with those that
are more commonly used; (3) adding
more detail to make the regulations
more understandable; and (4)
simplifying the regulations by removing
redundancies.
Under the proposed rule, fishermen
would be able to continue using
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existing, approved sea turtle bycatch
mitigation equipment. The proposed
rule would also provide alternative tools
or approaches for safe handling and
release of sea turtles. For example,
§ 635.21(c)(5)(i)(E) currently requires
that a dipnet meeting minimum design
standards be carried on board pelagic
longline vessels. Proposed
§ 635.21(c)(5)(i)(E) provides that either
the dipnet or a collapsible hoop net or
turtle hoists can be used to meet the
regulatory requirement and provides
specifications for these devices. As
another example, § 635.21(c)(5)(i)(L)(1)
currently describes how fishermen can
use a block of hard wood to keep a
turtle’s mouth open and provide an
example of a wire shoe brush with the
wires removed as something fishermen
could use. Proposed
§ 635.21(c)(5)(i)(L)(1) explains that the
block of wood could be a wooden
hammer handle (without the head
attached) as long as the wood does not
splinter under pressure. Similarly,
§ 635.21(c)(5)(i)(L)(5) currently require
using a hank of braided nylon rope to
gag open a sea turtle’s mouth. This rule
would remove the requirement that the
hank of rope be nylon and instead only
requires the rope to be soft and braided.
To clarify the relevant regulations,
NMFS would replace or add
descriptions for some of the technical
terms throughout § 635.21(c). For
example, at § 635.21(c)(5)(i)(B), the
regulations currently use the words
‘‘ingested’’ and ‘‘barb’’ in regard to
hooks. This proposed rule would
replace those words with ‘‘internal’’ and
‘‘point.’’ NMFS believes this change
would make the regulations more
understandable and explain the intent
more clearly. Specifically, the current
paragraph is titled ‘‘Long-handled
dehooker for ingested hooks.’’ The
proposed modification would revise the
title to be ‘‘Long-handled dehooker for
internal hooks.’’ Similarly, further in the
paragraph, the regulations state ‘‘. . .
The design must shield the barb of the
hook and prevent it from re-engaging
during the removal process . . .’’ (50
CFR 635.21(c)(5)(i)(B)). With the change,
that same sentence would read ‘‘. . .
The design must shield the point of the
hook and prevent it from re-engaging
during the removal process . . .’’.
At § 635.21(c)(5)(i)(H), the heading of
‘‘external hooks’’ would be replaced
with ‘‘Short-handled dehooker for
external hooks’’ to fully describe what is
referred to in that section. Similarly, at
§ 635.21(c)(5)(i)(K), the regulations
describe how line cutters must be used
to remove fishing line. This proposed
rule would clarify that fishing line
includes netting and entangling line.
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
This proposed rule would simplify
the regulations by removing
redundancies. For example, paragraphs
§ 635.21(c)(2)(iv)(C) through (G) refer to
and repeat many of the requirements
that are in paragraph (c)(5). This rule
would remove redundant language and
instead refers directly to paragraph
(c)(5). This rule would make minor
changes to create consistency between
paragraph headings by formatting
paragraph headings to be italicized.
Lastly, this rule would modify some
instances of the word ‘‘operator’’ to the
phrase ‘‘owner and operator’’ to clarify
the responsibility of implementation.
This proposed rule would amend a
number of regulations at 50 CFR part
635.21 paragraphs (b), (c), and (d)
regarding sea turtle safe handling and
release requirements for HMS pelagic
longline and bottom longline fisheries
according to the technical memoranda.
In summary, as described above,
fishermen would be able to continue
using existing, approved sea turtle
bycatch mitigation equipment. This
proposed rule replaces some of the more
technical terms with those that are more
commonly used, adds more detail to
make the regulations more
understandable, and adds additional
tools or options for fishermen to use to
safely handle and release sea turtles.
This proposed rule would also simplify
the regulations by removing
redundancies, making minor changes in
formatting, and revising wording to
clarify responsibility of implementation.
The needed regulatory changes are
minor, and existing requirements would
remain substantively unchanged. All
previously authorized tools and gear
removal protocols are still approved for
use.
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Request for Comments
NMFS is requesting comments on this
proposed rule which may be submitted
via https://www.regulations.gov. NMFS
solicits comments on this action by May
8, 2024 (see DATES and ADDRESSES).
Classification
Pursuant to section 304(g) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the 2006 Consolidated HMS FMP
and its amendments, other provisions of
the Magnuson-Stevens Act, ATCA, and
other applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
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Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
NMFS established a small business size
standard of $11 million in annual gross
receipts for all businesses in the
commercial fishing industry (North
American Industry Classification
System 11411) for Regulatory Flexibility
Act (RFA) compliance purposes. NMFS
considers all HMS permit holders to be
small entities because they had average
annual receipts of less than their
respective sector’s standard of $11
million and $14 million. Regarding
those entities that would be directly
affected by the proposed measures, the
average revenue for the entire Atlantic
shark commercial fishery from 2017
through 2021 is $2,579,228, which is
well below the NMFS small business
size standard for commercial fishing
businesses of $11 million. The average
annual revenue per active pelagic
longline vessel is estimated to be
$222,000, also well below the small
business size standard. While the entire
pelagic longline fishery (approximately
82 active vessels) produced an
estimated $18.2 million in revenue in
2020, no single pelagic longline vessel
has exceeded $11 million in revenue in
recent years. Additionally, HMS bottom
longline commercial fishing vessels
typically earn less revenue than pelagic
longline vessels and, thus, would also
be considered small entities.
Under this proposed rule, all
previously-authorized tools and gear
removal protocols would remain
approved for use. The proposed rule
merely provides other options for
complying with sea turtle safe handling
and release requirements. Fishermen do
not need to change existing gear or
practices. If they opted to do so, the
costs of some new equipment would be
the same or similar to what is currently
required and in use. In some cases, the
costs of new equipment may be more
than what is currently in use (e.g., turtle
hoist versus dipnet), but fishermen have
the option of continuing to use the
previously approved equipment. Thus,
the affected entities would not
experience any negative, direct
economic impacts as a result of this
rule. Accordingly, no initial regulatory
flexibility analysis is required, and none
has been prepared. NMFS invites
comment from the public on the
information in this certification and the
determination that the impact on
entities affected by the proposed rule
will not be significant.
This proposed rule contains no
information collection requirements
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under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: April 1, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 635 to read as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.21:
a. Revise paragraphs (b)(3) and
(c)(2)(iv)(C);
■ b. Remove paragraphs (c)(2)(iv)(D)
through (G);
■ c. Revise paragraphs (c)(5)
introductory paragraph, (c)(5)(i)(B)
through (L), (c)(5)(i)(M)(1) and (2),
(c)(5)(ii), (c)(5)(iii) introductory text, and
(d)(2) introductory text.
The revisions read as follows.
■
■
§ 635.21 Gear operation and deployment
restrictions.
*
*
*
*
*
(b) * * *
(3) When a marine mammal or sea
turtle is hooked or entangled by pelagic
or bottom longline gear, the owner and
operator of the vessel must immediately
release the animal, retrieve the pelagic
or bottom longline gear, and move at
least 1 nmi (2 km) from the location of
the incident before resuming fishing.
Similarly, when a smalltooth sawfish is
hooked or entangled by bottom longline
gear, the operator of the vessel must
immediately release the animal, retrieve
the bottom longline gear, and move at
least 1 nmi (2 km) from the location of
the incident before resuming fishing.
Reports of marine mammal
entanglements must be submitted to
NMFS consistent with regulations in
§ 229.6 of this title.
*
*
*
*
*
(c) * * *
(2) * * *
(iv) * * *
(C) All sea turtle bycatch mitigation
measures specified in paragraph (c)(5) of
this section, except for the mitigation
measures specified in paragraphs
(c)(5)(iii)(B) and (C) of this section, as
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
these paragraphs specify bait, hook size,
and hook type requirements for vessels
fishing outside the NED as defined in
§ 635.2. Instead, persons on board the
vessel must comply with hook size and
type requirements in paragraph
(c)(2)(iv)(A) of this section and bait
restrictions in paragraph (c)(2)(iv)(B) of
this section.
*
*
*
*
*
(5) The owner and operator of a vessel
permitted or required to be permitted
under this part and that has pelagic
longline gear on board must undertake
the following sea turtle bycatch
mitigation measures:
(i) * * *
(B) Long-handled dehooker for
internal hooks. A long-handled
dehooking device is intended to remove
internal hooks from sea turtles that
cannot be boated. It should also be used
to engage a loose hook when a 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. One long-handled
device, meeting the minimum design
standards as described below, is
required on board to remove internal
hooks. The minimum design standards
are as follows:
(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L) or
similar (i.e., designed to resist corrosion
during exposure to saltwater) must be
used for all components. The hook
removal device must be constructed of
three-sixteenths to five-sixteenths of an
inch (4.76–7.94 mm) marine-grade
stainless steel and have a dehooking end
no larger than 17⁄8-inch (4.76-cm)
outside diameter. The device must
securely engage and control the leader
while shielding the point of the hook to
prevent the hook from re-engaging
during removal. The hook removal
device must not have any unprotected
points (including blunt ones), as these
could cause injury to the mouth and
esophagus during hook removal. The
device must be of a size appropriate to
secure the range of hook sizes and styles
used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Extended reach handle. The
dehooking end must be securely
fastened to an extended reach handle or
pole with a minimum length equal to or
greater than 150 percent of the height of
the vessel’s freeboard, or 6 ft (1.83 m),
whichever is greater. It is recommended,
but not required, that the handle break
down into sections. The handle must be
sturdy and strong enough to facilitate
the secure attachment of the hook
removal device.
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(C) Long-handled dehooker for
external hooks. A long-handled
dehooker, meeting the minimum design
standards, is required on board for use
on externally hooked sea turtles that
cannot be boated. The long-handled
dehooker for internal hooks described in
paragraph (c)(5)(i)(B) of this section
meets this requirement. The minimum
design standards are as follows:
(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L) or
similar (i.e., designed to resist corrosion
during exposure to saltwater) must be
used for all components on any style of
long-handled dehooker. If utilizing a
wire-style dehooker (e.g., a pigtail or Jstyle dehooker), the long-handled
dehooker must be constructed of threesixteenths to five-sixteenths of an inch
(4.76–7.94 mm) marine-grade stainless
steel. All long-handled dehookers must
have a dehooking end no larger than
17⁄8-inch (4.76-cm) outside diameter.
Smaller dehooking ends may be
appropriate when encountering small
turtles. A 5-inch (12.7-cm) tube Thandle of 1-inch (2.54-cm) outside
diameter is recommended, but not
required. The design must be such that
a fish hook can be rotated out, without
pulling it out at an angle, as described
in paragraphs (c)(5)(ii)(B) and (C) of this
section, and in the NMFS–SEFSC TM–
735 Careful Release Protocols. The
dehooking end must be blunt with all
edges rounded. The device must be of
a size appropriate to secure the range of
hook sizes and styles used in the pelagic
longline fishery targeting swordfish and
tuna.
(2) Extended reach handle. The
dehooking end must be securely
fastened to an extended reach handle or
pole. The handle must be a minimum
length equal to or greater than 150
percent of the height of the vessel’s
freeboard or 6 ft (1.83 m), whichever is
greater.
(D) Long-handled device to pull an
‘‘inverted V.’’ This tool is used to pull
a ‘‘V’’ in the fishing line when
implementing the ‘‘inverted V’’
dehooking technique, as described in
paragraph (c)(5)(ii)(C) of this section and
in the NMFS–SEFSC TM–735 Careful
Release Protocols, for disentangling and
dehooking entangled sea turtles. One
long-handled device to pull an
‘‘inverted V’’, meeting the minimum
design standards, is required on board.
If a 6 ft (1.83 m) or longer J-style
dehooker is used to comply with
paragraph (c)(5)(i)(C) of this section, it
will also satisfy this requirement.
Minimum design standards are as
follows:
(1) Hook end. This device, such as a
standard boat hook, gaff, or long-
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handled J-style dehooker must be
constructed of stainless steel or
aluminum. A sharp point, such as on a
gaff hook, is to be used only for holding
the monofilament fishing line and must
never contact the sea turtle.
(2) Extended reach handle. The
handle must have a minimum length
equal to or greater than 150 percent of
the height of the vessel’s freeboard, or
6 ft (1.83 m), whichever is greater. The
handle must be sturdy and strong
enough to facilitate the secure
attachment of the gaff hook.
(E) Boating the turtle. A device to
bring incidentally caught sea turtles
aboard the vessel must be carried on
board the vessel 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 never be
brought on board without a net or hoist.
Using the involved fishing gear to raise
the turtle can result in serious injury.
The following devices are options to
meet this requirement.
(1) Dipnet. The dipnet must have a
sturdy net hoop of at least 31 inches
(78.74 cm) of inside diameter and a bag
depth of at least 38 inches (96.52 cm) to
accommodate turtles below 3 ft (91.44
cm) carapace length. The bag mesh
openings may not exceed 3 inches (7.62
cm) bar measure, defined as the nonstretched distance between a side knot
and a bottom knot of a net mesh (also
known as the square mesh
measurement). There must be no sharp
edges or burrs on the hoop, or where the
hoop is attached to the handle. The
dipnet hoop must be securely fastened
to an extended reach handle or pole
with a minimum length equal to, or
greater than, 150 percent of the height
of the vessel’s freeboard, or at least 6 ft
(1.83 m), whichever is greater. The
handle must be made of a rigid material
strong enough to facilitate the sturdy
attachment of the net hoop and able to
support a minimum of 100 lb (45.36 kg)
without breaking or significant bending
or distortion. It is recommended, but not
required, that the extended reach handle
break down into sections.
(2) Collapsible hoop net. The
collapsible hoop net frame must be
constructed of stiff wire cable that coils
to compress the size for storage. This
device must have a minimum 31-inch
(78.74-cm) inside diameter and a bag
depth of at least 38 inches (96.52 cm) to
accommodate turtles up to 3 ft (91.44
cm) in straight carapace length. The bag
mesh openings may not exceed 3 inches
(7.62 cm) bar measure, defined as the
non-stretched distance between a side
knot and a bottom knot of a net mesh
(also known as the square mesh
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measurement). There must be no sharp
edges or burrs on the hoop. The device
must be capable of lifting at least 100 lb
(45.36 kg). No extended reach handle is
needed on this type of net, although the
rope handle length must be 6 ft (1.83 m)
or 150 percent of freeboard height,
whichever is greater.
(3) Turtle hoist. A turtle hoist consists
of a supportive frame with mesh netting.
A turtle hoist can be used to bring
turtles on board that cannot be boated
using a dipnet or collapsible hoop net.
The two sizes that meet the design
standards are described in paragraphs
(c)(5)(ii)(E)(3)(i) and (ii) of this section.
The size of the turtle hoist used should
match the size of turtles encountered.
(i) Small turtle hoist. The frame must
be capable of supporting at least 100 lb
(45.36 kg), with a minimum inside
diameter of 31 inches (78.74 cm) to
accommodate turtles up to 3 ft (91.44
cm) straight carapace length. This frame
can be hinged or otherwise designed so
that it can be folded for ease of storage
as long as it can be quickly reassembled.
If the frame is designed to fold or break
down for storage, the hardware must be
self-contained (e.g., barrel bolts on both
sides to lock down frame with no loose
pieces like through bolts and nuts), and
there must be no sharp edges. The shape
of the frame does not matter (e.g., round,
square, rectangular, or a ‘‘U-shaped’’ or
‘‘J-shaped’’ basket) as long as it meets
the required specifications and securely
contains the turtle. The frame may be
constructed of heavy-duty stainless steel
tubing welded into shape or polyvinyl
chloride (PVC) pipe (recommended 2inch (5.08-cm) diameter with a required
minimum strength of Schedule 40)
connected and glued at the corners
using 90° elbow fittings. PVC pipes can
be drilled to facilitate water drainage for
ease of hauling. A shallow bag net with
mesh openings not to exceed 3 x 3
inches (7.62 x 7.62 cm) (bar measure)
must be securely affixed to the frame,
and lines (e.g., polypropylene, nylon,
polyester) must be securely attached to
each corner to control and retrieve the
frame and net. The lines can be operated
using a pulley system if available on the
vessel. No rigid extended reach handle
is needed on this type of net, although
the rope handle length must be 6 ft (1.83
m) or 150 percent of freeboard height,
whichever is greater.
(ii) Large turtle hoist. The large turtle
hoist should be capable of lifting a
minimum of half a ton. The structure of
the hoist should consist of three circular
aluminum bar rings (top, middle, and
bottom) connected with mesh and
spokes. The hoist should be designed so
that when on board, the turtle is
suspended above the deck on a platform
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of mesh netting (8 mm, 6.5 inches (16.51
cm) stretch knotless 600-ply
polyethylene netting) stretched across
the middle ring. The turtle should be
contained within a webbing fence (at
least 18 inches (45.72 cm) high) which
is supported by the top and middle
rings and made of 3 mm, 4.7 inches
(11.94 cm) stretch mesh braided
polyethylene webbing, and wrapped
along the top ring with half-inch (1.27cm) polypropylene rope. The top and
middle rings (13⁄4 inch (4.45 cm) 50
series aluminum round bar) should be 7
ft and 6 inches (2.29 m) in diameter.
The bottom ring (11⁄2 inches (3.81 cm)
50 series aluminum round bar) should
be 4 ft (1.22 m) in diameter. The middle
and bottom rings are connected using 12
spoke braces (∼23 inches (58.42 cm)
long, 1 inch (2.54 cm) round 50 series
aluminum round bar or 6061 T6 1 inch
(2.54 cm) Schedule 40 pipe) angled at
∼25° and welded in place with an
appropriate welding wire (5052, 6061 or
3003 wire). Rubber cookies (8 x 21⁄2
inches (20.32 x 6.35 cm), 4 per each of
12 sections) may be used on the middle
ring to facilitate rolling the hoist up the
side of the vessel and to cushion impact
of the hoist against the side of the
vessel. When deployed in rough seas,
the hoist should be held to the side of
the vessel to prevent swinging and
collision with the vessel hull. A 3- or 4point bridle is attached to the top ring
using pair links and three-quarter-inch
(1.91-cm) nylon 3-strand line, and a
hydraulic lift is used to bring hoist
aboard.
(F) Cushion/support device for boated
turtles. Each vessel is required to carry
a device that effectively cushions and
supports a sea turtle while it is on
board. The device used must be
appropriately sized to support the sea
turtle encountered. The device must be
puncture proof (e.g., no inner tubes,
pool toys) and cannot be a primary
safety device (e.g., primary life ring or
life jacket dedicated to personnel on
board). Examples that meet current
design standards include:
(1) A standard automobile tire. A
standard (not from a truck or heavy
equipment) passenger vehicle tire not
mounted on a rim and free of exposed
steel belts, is effective for supporting a
turtle in an upright orientation while it
is on board. An assortment of sizes is
recommended to accommodate a range
of turtle sizes. If the turtle is too large
for the tire, it must be contained and
supported on an alternative cushioned
surface.
(2) Boat cushion. A standard boat
cushion can effectively support smaller
turtles.
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(3) Large turtle hoist. This style is
recommended for supporting large
turtles such as leatherbacks, which need
a supportive platform while on board.
The large turtle hoist described in
paragraph (c)(5)(i)(E)(3)(ii) of this
section satisfies this requirement.
(G) Short-handled dehooker for
internal hooks. One short-handled
device, meeting the minimum design
standards, is required on board for
removing hooks that are internal or
ingested. This dehooker is designed to
remove internal hooks from boated sea
turtles. It can also be used on external
hooks or hooks in the front of the
mouth. Minimum design standards are
as follows:
(1) Hook removal device. Unless
otherwise noted, all components must
be made of marine-grade stainless steel
(316 L or 304 L). If utilizing a wire-style
dehooker (e.g., a pigtail or J-style
dehooker), the hook removal device
must be constructed of three-sixteenths
to five-sixteenths of an inch (4.76–7.94
mm) marine-grade stainless steel (316 L
or 304 L) rod and have a dehooking end
no wider than 17⁄8 inches (4.76 cm) total
width. The end must allow the hook to
be secured and the point to be shielded
without re-engaging during the removal
process. It may not have any
unprotected terminal points or sharp
edges, as this could cause injury to the
esophagus during hook removal. A
sliding PVC bite block must be used to
protect the beak and facilitate hook
removal if the turtle bites down on the
dehooking device. The bite block should
be constructed of a three-quarter- to 1inch (1.91–2.54 cm) inside diameter
high-impact plastic cylinder (e.g.,
Schedule 80 PVC) that is 4–6 in (10.16–
15.24 cm) long to allow for at least 5
inches (12.7 cm) of slide along the shaft.
The device must be of a size appropriate
to secure the range of hook sizes and
styles used in the pelagic longline
fishery targeting swordfish and tuna.
(2) Handle length. The handle must be
16–24 inches (40.64–60.96 cm) in
length, with a tube T-handle, wire loop
handle, or similar type of handle that is
approximately 4–6 inches (10.16–15.24
cm) long.
(H) Short-handled dehooker for
external hooks. One short-handled
dehooker for external hooks, meeting
the minimum design standards, is
required on board. The short-handled
dehooker for internal hooks required to
comply with paragraph (c)(5)(i)(G) of
this section will also satisfy this
requirement. Minimum design
standards are as follows:
(1) Hook removal device. Marinegrade stainless steel (316 L or 304 L)
must be used for all components. If
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utilizing a wire-style dehooker (e.g., a
pigtail or J-style dehooker), the
dehooker must be constructed of threesixteenths to five-sixteenths of an inch
(4.76–7.94 mm) marine-grade stainless
steel (316 L or 304 L) and have a
dehooking end no wider than 17⁄8 inches
(4.76 cm) total width. The design must
be such that a hook can be rotated out
without pulling it out at an angle. The
dehooking end must be blunt, and all
edges rounded. The device must be of
a size appropriate to secure the range of
hook sizes and styles used in the pelagic
longline fishery targeting swordfish and
tuna.
(2) Handle length. The handle must be
16–24 inches (40.64–60.96 cm) long
with a tube T-handle, wire loop handle,
or similar type of handle that is
approximately 4–6 inches (10.16–15.24
cm) long.
(I) Long-nose or needle-nose pliers.
One pair of long-nose or needle-nose
pliers is required to be on board. Such
pliers must be a minimum of 11 inches
(27.94 cm) in length, and should be
constructed of stainless steel material or
other material designed to resist
corrosion during exposure to saltwater.
The pliers can be used to remove
embedded hooks from the turtle’s flesh
or hooks in the front of the mouth. The
pliers are also useful for holding PVC
splice couplings in place as mouth
openers.
(J) Bolt cutters. One pair of bolt cutters
is required on board. Such bolt cutters
must be a minimum of 14 inches (35.56
cm) in total length, with a minimum of
4 inches (10.16 cm) long blades that are
a minimum of 21⁄4 inches (5.72 cm)
wide, when closed, and with 10- to 13inch (25.40- to 33.02-cm) long handles.
Such bolt cutters must be able to cut
hard metals, such as stainless or carbon
steel hooks, up to a quarter inch (6.35
mm) in diameter, and they must be
capable of cutting through the hooks
used on a vessel. The required bolt
cutters may be used to cut hooks to
facilitate their removal. They should be
used to cut off the eye or point of a
hook, so that it can safely be pushed
through a sea turtle without causing
further injury. They should also be used
to cut off as much of the hook as
possible, when the remainder of the
hook cannot be removed.
(K) Monofilament line cutters. One
pair of monofilament line cutters is
required on board. Such monofilament
line cutters must be a minimum of 6
inches (15.24 cm) in overall length. The
blades must be 1 inch (2.54 cm) in
length and five-eighths inch (1.59 cm)
wide, when closed, and are
recommended to be coated with Teflon
(a trademark owned by E.I. DuPont de
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Nemours and Company Corp.). The line
cutters must be used to remove netting,
entangling line, or fishing line as close
to the eye of the hook as possible, if the
hook is swallowed or cannot be
removed safely.
(L) Mouth openers/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 boated turtles. They
must allow access to the hook or line
without causing further injury to the
turtle. Design standards are included in
the item descriptions. At least two of the
seven different types of mouth openers/
gags described below are required on
board the vessel:
(1) A block of hard wood. Placed in
the corner of the jaw, a block of hard
wood may be used to gag open a turtle’s
mouth. A smooth block of hard wood of
a type that does not splinter (e.g.,
maple) with rounded edges must be
sanded smooth. The dimensions should
be appropriately sized for the size of
turtles that may be caught or
approximately 10 x 0.75 x 0.75 inches
(25.40 x 1.91 x 1.91 cm). A longhandled, wire shoe brush with a
wooden handle, and with the wires
removed, is an inexpensive, effective
and practical mouth-opening device that
meets these requirements. A wooden
hammer handle (without the head
attached) may also be suitable, provided
it is made from wood that does not
splinter under pressure (e.g., ash,
maple).
(2) A set of three canine mouth gags.
Canine mouth gags are highly
recommended to hold a turtle’s mouth
open, because the gag locks into an open
position to allow for hands-free
operation after it is in place. A set of
canine mouth gags must include one of
each of the following sizes: small (5 in;
12.7 cm), medium (6 in; 15.24 cm), and
large (7 in; 17.78 cm). They must be
constructed of stainless steel.
(3) A set of two sturdy dog chew
bones. Placed in the corner of a turtle’s
jaw, canine chew bones are used to gag
open a sea turtle’s mouth. Required
canine chews must be constructed of
durable nylon, zylene resin, or
thermoplastic polymer, and strong
enough to withstand biting without
splintering. To accommodate a variety
of turtle beak sizes, a set must include
one large (5.5–8 inches (13.97–20.32
cm) in length) and one small (3.5–4.5
inches (8.89–11.43 cm) in length) canine
chew bone.
(4) A set of two rope loops covered
with hose. A set of two rope loops
covered with a piece of hose or flexible
tubing can be used as a mouth opener,
and to keep a turtle’s mouth open
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24421
during hook and/or line removal. A
required set consists of two 3-ft (91.44cm) lengths of poly braid rope (threeeighths of an inch (9.53 mm) in
diameter is suggested), each covered
with an 8-inch (20.32-cm) section of
half-inch (1.27-cm) or three-quarter-inch
(1.91-cm) light-duty garden hose or
flexible tubing, and each tied into a
loop. The upper loop of rope covered
with hose is secured on the upper beak
to give control with one hand, and the
second piece of rope covered with hose
is secured on the lower beak to give
control with the user’s foot.
(5) A hank of rope. Placed in the
corner of a turtle’s jaw, a hank of rope
can be used to gag open a sea turtle’s
mouth. A 6-ft (1.83-m) lanyard with a
minimum of three-sixteenths-inch (4.76mm) braided soft rope may be folded to
create a hank, (or a coiled or looped
bundle), of rope. Any size braided soft
rope is allowed; however, it must create
a hank of approximately 2–4 inches
(5.08–10.16 cm) in thickness.
(6) A set of four PVC splice couplings.
PVC splice couplings can be positioned
inside a turtle’s mouth to allow access
to the back of the mouth for hook and
line removal. They are to be held in
place with the needle-nose pliers. To
ensure proper fit and access, a required
set must consist of the following
Schedule 40 PVC splice coupling sizes:
1 inch (2.54 cm), 11⁄4 inches (3.18 cm),
11⁄2 inches (3.81 cm), and 2 inches (5.08
cm).
(7) A large avian oral speculum. A
large avian oral speculum provides the
ability to hold a turtle’s mouth open and
to control the head with one hand,
while removing a hook with the other
hand. The avian oral speculum must be
9 inches (22.86 cm) long and
constructed of three-sixteenths-inch
(4.76-mm) wire diameter surgical
stainless steel (Type 304). It must be
covered with 8 inches (20.32 cm) of
clear vinyl tubing (five-sixteenths-inch
(7.94-mm) outside diameter, threesixteenths-inch (4.76-mm) inside
diameter), friction tape, or similar
material to pad the surface.
(M) * * *
(1) Turtle tether and extended reach
handle. Approximately 15–20 ft (4.57–
6.10 m) of half-inch (1.27 cm) hard lay
negative buoyancy line or similar is
used to make an approximately 30-inch
(76.2-cm) loop to slip over the flipper.
The line is fed through a three-quarterinch (1.91-cm) inside diameter fair lead,
eyelet, or eyebolt at the working end of
a pole and through a three-quarter-inch
(1.91-cm) eyelet or eyebolt in the
midsection. A half-inch (1.27-cm) quick
release cleat holds the line in place near
the end of the pole. A final three-
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quarter-inch (1.91-cm) eyelet or eyebolt
should be positioned approximately 7
inches (17.78 cm) behind the cleat to
secure the line, while allowing a safe
working distance to avoid injury when
releasing the line from the cleat. The
line must be securely fastened to an
extended reach handle or pole with a
minimum length equal to, or greater
than, 150 percent of the height of the
vessel’s freeboard, or a minimum of 6 ft
(1.83 m), whichever is greater. There is
no restriction on the type of material
used to construct this handle, as long as
it is sturdy. The handle must include a
tag line to attach the tether to the vessel
to prevent the turtle from breaking away
with the tether still attached.
(2) Ninja sticks and extended reach
handles. Approximately 30–35 ft (9.14–
10.67 m) of one-half to five-eighths of an
inch (1.27–1.59 cm) of soft lay
polypropylene line, nylon line or
similar line is fed through 2 PVC
conduit, fiberglass, or similar sturdy
poles and knotted using an overhand
(recommended) knot at the end of both
poles or otherwise secured. There
should be approximately 18–24 inches
(45.72–60.96 cm) of exposed rope
between the poles to be used as a
working surface to capture and secure
the flipper. Knot the line at the ends of
both poles to prevent line slippage if
they are not otherwise secured. The
remaining line is used to tether the
apparatus to the boat unless an
additional tag line is used. Two lengths
of sunlight resistant three-quarter-inch
(1.91-cm) schedule 40 PVC electrical
conduit, fiberglass, aluminum, or
similar material should be used to
construct the apparatus with a
minimum length equal to, or greater
than, 150 percent of the height of the
vessel’s freeboard, or 6 ft (1.83 m),
whichever is greater.
(ii) * * *
(A) Sea turtle bycatch mitigation gear
and protocols. Sea turtle bycatch
mitigation gear, as required by
paragraphs (c)(5)(i)(A) through (D) of
this section, must be used to disengage
any hooked or entangled sea turtles that
cannot be brought on board. Sea turtle
bycatch mitigation gear, as required by
paragraphs (c)(5)(i)(E) through (M) of
this section, must be used to facilitate
access, safe handling, disentanglement,
and hook removal or hook cutting of sea
turtles that can be brought on board,
where feasible. Sea turtles must be
handled, and bycatch mitigation gear
must be used, in accordance with the
careful release protocols and handling/
release guidelines specified in
paragraphs (c)(5)(ii)(B) and (C) of this
section, and in accordance with the
onboard handling and resuscitation
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requirements specified in 50 CFR
223.206(d)(1).
(B) Boated turtles. When practicable,
active and comatose sea turtles must be
brought on board, with a minimum of
injury, using a dipnet, collapsible hoop
net, or turtle hoist, as required by
paragraph (c)(5)(i)(E) of this section. All
turtles less than 3 ft (91.44 cm) carapace
length must be boated, if sea conditions
permit. Turtles must be lifted and
carried by holding the front and back of
the carapace (shell) or by holding the
shell by both sides. A turtle must be
cradled while holding the shell and base
of the flippers. A turtle must never be
lifted or dragged by the flippers when it
is brought on board, handled on deck,
or released.
(1) A boated turtle must be placed on
a device that effectively cushions and
supports a sea turtle while it is on
board, as described in paragraph
(c)(5)(i)(F) of this section. The turtle
must be in an upright orientation to
immobilize it and facilitate gear
removal. Then, it should be determined
if the hook can be removed without
causing further injury.
(2) All externally embedded hooks
must be removed, unless hook removal
would result in further injury to the
turtle. No attempt to remove a hook
should be made if it has been swallowed
and the insertion point is not visible, or
if it is determined that removal would
result in further injury.
(3) If a hook cannot be removed, as
much line as possible must be removed
from the turtle using monofilament
cutters as required by paragraph
(c)(5)(i)(K) of this section, and the hook
should be cut as close as possible to the
insertion point before releasing the
turtle, using bolt cutters as required by
paragraph (c)(5)(i)(J) of this section.
(4) If a hook can be removed, an
effective technique may be to cut off
either 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 front of the mouth, a mouth-opener,
as required by paragraph (c)(5)(i)(L) of
this section, may facilitate opening the
turtle’s mouth and a gag may facilitate
keeping the mouth open. Short-handled
dehookers for internal hooks, long-nose
pliers, or needle-nose pliers, as required
by paragraphs (c)(5)(i)(H) and (I) of this
section, should be used to remove
visible hooks from the mouth that have
not been swallowed, as appropriate.
(5) As much gear as possible must be
removed from the turtle without causing
further injury prior to its release. Refer
to the careful release protocols and
handling/release guidelines required in
this paragraph (c)(5)(ii)(B), and the
handling and resuscitation requirements
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specified in 50 CFR 223.206(d)(1), for
additional information.
(C) Non-boated turtles. If a sea turtle
is too large, or hooked in a manner that
precludes safe boating without causing
further damage or injury to the turtle,
sea turtle bycatch mitigation gear
required by paragraphs (c)(5)(i)(A)
through (D) of this section must be used
to disentangle sea turtles from fishing
gear and disengage any hooks, or to clip
the line and remove as much line as
possible from a hook that cannot be
removed, prior to releasing the turtle, in
accordance with the protocols specified
in this paragraph.
(1) Non-boated turtles should be
brought close to the boat and provided
with time to calm down. Then, it must
be determined whether the hook can be
removed without causing further injury.
A front flipper or flippers of the turtle
must be secured with an approved turtle
control device from the list specified in
paragraph (c)(5)(i)(M) of this section.
(2) All externally embedded hooks
must be removed, unless hook removal
would result in further injury to the
turtle. No attempt should be made to
remove a hook if it has been swallowed,
or if it is determined that removal
would result in further injury. If the
hook cannot be removed and/or if the
animal is entangled, as much line as
possible must be removed prior to
release, using a line cutter as required
by paragraph (c)(5)(i)(K) of this section.
If the hook can be removed, it must be
removed using a long-handled dehooker
as required by paragraph (c)(5)(i) of this
section.
(3) Without causing further injury, as
much gear and line as possible must be
removed from the turtle prior to its
release. Refer to the careful release
protocols and handling/release
guidelines required in this paragraph
(c)(5)(ii)(C), and the handling and
resuscitation requirements specified in
50 CFR 223.206(d)(1) for additional
information.
(iii) Gear modifications. The
following measures are required of
vessel owners and operators to reduce
the incidental capture and mortality of
sea turtles:
*
*
*
*
*
(d) * * *
(2) The owner and operator of a vessel
required to be permitted under this part
and that has bottom longline gear on
board must undertake the following
bycatch mitigation measures:
*
*
*
*
*
[FR Doc. 2024–07140 Filed 4–5–24; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Proposed Rules]
[Pages 24416-24422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07140]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 240329-0093]
RIN 0648-BK89
Atlantic Highly Migratory Species; Updates Regarding Sea Turtle
Careful Release Equipment and Techniques
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 24417]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would update the Atlantic highly migratory
species (HMS) regulations regarding the sea turtle safe handling and
release requirements and equipment in the HMS pelagic and bottom
longline fisheries. These proposed updates are based on two technical
memoranda published by NMFS' Southeast Fisheries Science Center (SEFSC)
in order to replace some of the more technical terms with those that
are more commonly used, add more detail to make the regulations more
understandable, and add additional tools or options for fishermen to
use to safely handle and release sea turtles. In addition, this
proposed rule would simplify the regulations by removing redundancies,
making minor changes in formatting, and revising wording to clarify
responsibility of implementation.
DATES: Written comments must be received by May 8, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0046. You may
submit comments on this document, identified by NOAA-NMFS-2024-0046, by
electronic submission. Submit all electronic public comments via the
Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2024-0046 in the search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Documents related to HMS fisheries management, such as the 2006
Consolidated Atlantic HMS Fishery Management Plan (2006 Consolidated
HMS FMP) and its amendments, and the referenced technical memoranda,
are available from the HMS Management Division website at https://www.fisheries.noaa.gov/resource/outreach-materials/atlantic-highly-migratory-species-safe-handling-release-and. These documents are also
available upon request from the HMS Management Division by phone at
301-427-8503.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected],
or Steve Durkee, [email protected]; 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
2006 Consolidated HMS FMP and its amendments, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act;
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing
regulations are at 50 CFR part 635. The sea turtle handling and release
requirements and equipment are located at Sec. 635.21(b), (c), and
(d).
Background
The original safe handling and release gear requirements were
implemented in an interim final rule on March 30, 2001 (66 FR 17370).
New sea turtle bycatch and bycatch mortality mitigation measures for
all Atlantic vessels that have pelagic longline gear on board were
published in a final rule on July 6, 2004 (69 FR 40734). Two technical
memoranda (TM) were published by the Southeast Fisheries Science Center
(SEFSC) in 2019: NMFS-SEFSC TM735: ``Careful Release Protocols for Sea
Turtle Release with Minimal Injury,'' and NMFS-SEFSC TM738: ``Design
Standards and Equipment for Careful Release of Sea Turtles Caught in
Hook-and-Line Fisheries.'' The SEFSC developed these memoranda based
upon field-testing of equipment, user feedback, feedback from
observers, and product design updates resulting from experiments and
observations subsequent to experiments in the Northeast Distant (NED)
statistical reporting area that informed the 2004 regulations. NMFS
believes that it would be helpful to revise the existing regulations in
light of the 2019 technical memoranda. Based on those memoranda, this
proposed rule would modify the regulations at 50 CFR 635.21(c) by: (1)
adding additional options for tools and procedures for fishermen to use
to safely handle and release sea turtles; (2) replacing some of the
more technical terms with those that are more commonly used; (3) adding
more detail to make the regulations more understandable; and (4)
simplifying the regulations by removing redundancies.
Under the proposed rule, fishermen would be able to continue using
existing, approved sea turtle bycatch mitigation equipment. The
proposed rule would also provide alternative tools or approaches for
safe handling and release of sea turtles. For example, Sec.
635.21(c)(5)(i)(E) currently requires that a dipnet meeting minimum
design standards be carried on board pelagic longline vessels. Proposed
Sec. 635.21(c)(5)(i)(E) provides that either the dipnet or a
collapsible hoop net or turtle hoists can be used to meet the
regulatory requirement and provides specifications for these devices.
As another example, Sec. 635.21(c)(5)(i)(L)(1) currently describes how
fishermen can use a block of hard wood to keep a turtle's mouth open
and provide an example of a wire shoe brush with the wires removed as
something fishermen could use. Proposed Sec. 635.21(c)(5)(i)(L)(1)
explains that the block of wood could be a wooden hammer handle
(without the head attached) as long as the wood does not splinter under
pressure. Similarly, Sec. 635.21(c)(5)(i)(L)(5) currently require
using a hank of braided nylon rope to gag open a sea turtle's mouth.
This rule would remove the requirement that the hank of rope be nylon
and instead only requires the rope to be soft and braided.
To clarify the relevant regulations, NMFS would replace or add
descriptions for some of the technical terms throughout Sec.
635.21(c). For example, at Sec. 635.21(c)(5)(i)(B), the regulations
currently use the words ``ingested'' and ``barb'' in regard to hooks.
This proposed rule would replace those words with ``internal'' and
``point.'' NMFS believes this change would make the regulations more
understandable and explain the intent more clearly. Specifically, the
current paragraph is titled ``Long-handled dehooker for ingested
hooks.'' The proposed modification would revise the title to be ``Long-
handled dehooker for internal hooks.'' Similarly, further in the
paragraph, the regulations state ``. . . The design must shield the
barb of the hook and prevent it from re-engaging during the removal
process . . .'' (50 CFR 635.21(c)(5)(i)(B)). With the change, that same
sentence would read ``. . . The design must shield the point of the
hook and prevent it from re-engaging during the removal process . .
.''.
At Sec. 635.21(c)(5)(i)(H), the heading of ``external hooks''
would be replaced with ``Short-handled dehooker for external hooks'' to
fully describe what is referred to in that section. Similarly, at Sec.
635.21(c)(5)(i)(K), the regulations describe how line cutters must be
used to remove fishing line. This proposed rule would clarify that
fishing line includes netting and entangling line.
[[Page 24418]]
This proposed rule would simplify the regulations by removing
redundancies. For example, paragraphs Sec. 635.21(c)(2)(iv)(C) through
(G) refer to and repeat many of the requirements that are in paragraph
(c)(5). This rule would remove redundant language and instead refers
directly to paragraph (c)(5). This rule would make minor changes to
create consistency between paragraph headings by formatting paragraph
headings to be italicized. Lastly, this rule would modify some
instances of the word ``operator'' to the phrase ``owner and operator''
to clarify the responsibility of implementation.
This proposed rule would amend a number of regulations at 50 CFR
part 635.21 paragraphs (b), (c), and (d) regarding sea turtle safe
handling and release requirements for HMS pelagic longline and bottom
longline fisheries according to the technical memoranda. In summary, as
described above, fishermen would be able to continue using existing,
approved sea turtle bycatch mitigation equipment. This proposed rule
replaces some of the more technical terms with those that are more
commonly used, adds more detail to make the regulations more
understandable, and adds additional tools or options for fishermen to
use to safely handle and release sea turtles. This proposed rule would
also simplify the regulations by removing redundancies, making minor
changes in formatting, and revising wording to clarify responsibility
of implementation.
The needed regulatory changes are minor, and existing requirements
would remain substantively unchanged. All previously authorized tools
and gear removal protocols are still approved for use.
Request for Comments
NMFS is requesting comments on this proposed rule which may be
submitted via https://www.regulations.gov. NMFS solicits comments on
this action by May 8, 2024 (see DATES and ADDRESSES).
Classification
Pursuant to section 304(g) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the 2006 Consolidated HMS FMP and its amendments, other
provisions of the Magnuson-Stevens Act, ATCA, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (North American Industry Classification System 11411) for
Regulatory Flexibility Act (RFA) compliance purposes. NMFS considers
all HMS permit holders to be small entities because they had average
annual receipts of less than their respective sector's standard of $11
million and $14 million. Regarding those entities that would be
directly affected by the proposed measures, the average revenue for the
entire Atlantic shark commercial fishery from 2017 through 2021 is
$2,579,228, which is well below the NMFS small business size standard
for commercial fishing businesses of $11 million. The average annual
revenue per active pelagic longline vessel is estimated to be $222,000,
also well below the small business size standard. While the entire
pelagic longline fishery (approximately 82 active vessels) produced an
estimated $18.2 million in revenue in 2020, no single pelagic longline
vessel has exceeded $11 million in revenue in recent years.
Additionally, HMS bottom longline commercial fishing vessels typically
earn less revenue than pelagic longline vessels and, thus, would also
be considered small entities.
Under this proposed rule, all previously-authorized tools and gear
removal protocols would remain approved for use. The proposed rule
merely provides other options for complying with sea turtle safe
handling and release requirements. Fishermen do not need to change
existing gear or practices. If they opted to do so, the costs of some
new equipment would be the same or similar to what is currently
required and in use. In some cases, the costs of new equipment may be
more than what is currently in use (e.g., turtle hoist versus dipnet),
but fishermen have the option of continuing to use the previously
approved equipment. Thus, the affected entities would not experience
any negative, direct economic impacts as a result of this rule.
Accordingly, no initial regulatory flexibility analysis is required,
and none has been prepared. NMFS invites comment from the public on the
information in this certification and the determination that the impact
on entities affected by the proposed rule will not be significant.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: April 1, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 635 to read as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.21:
0
a. Revise paragraphs (b)(3) and (c)(2)(iv)(C);
0
b. Remove paragraphs (c)(2)(iv)(D) through (G);
0
c. Revise paragraphs (c)(5) introductory paragraph, (c)(5)(i)(B)
through (L), (c)(5)(i)(M)(1) and (2), (c)(5)(ii), (c)(5)(iii)
introductory text, and (d)(2) introductory text.
The revisions read as follows.
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(b) * * *
(3) When a marine mammal or sea turtle is hooked or entangled by
pelagic or bottom longline gear, the owner and operator of the vessel
must immediately release the animal, retrieve the pelagic or bottom
longline gear, and move at least 1 nmi (2 km) from the location of the
incident before resuming fishing. Similarly, when a smalltooth sawfish
is hooked or entangled by bottom longline gear, the operator of the
vessel must immediately release the animal, retrieve the bottom
longline gear, and move at least 1 nmi (2 km) from the location of the
incident before resuming fishing. Reports of marine mammal
entanglements must be submitted to NMFS consistent with regulations in
Sec. 229.6 of this title.
* * * * *
(c) * * *
(2) * * *
(iv) * * *
(C) All sea turtle bycatch mitigation measures specified in
paragraph (c)(5) of this section, except for the mitigation measures
specified in paragraphs (c)(5)(iii)(B) and (C) of this section, as
[[Page 24419]]
these paragraphs specify bait, hook size, and hook type requirements
for vessels fishing outside the NED as defined in Sec. 635.2. Instead,
persons on board the vessel must comply with hook size and type
requirements in paragraph (c)(2)(iv)(A) of this section and bait
restrictions in paragraph (c)(2)(iv)(B) of this section.
* * * * *
(5) The owner and operator of a vessel permitted or required to be
permitted under this part and that has pelagic longline gear on board
must undertake the following sea turtle bycatch mitigation measures:
(i) * * *
(B) Long-handled dehooker for internal hooks. A long-handled
dehooking device is intended to remove internal hooks from sea turtles
that cannot be boated. It should also be used to engage a loose hook
when a 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. One long-handled device,
meeting the minimum design standards as described below, is required on
board to remove internal hooks. The minimum design standards are as
follows:
(1) Hook removal device. Marine-grade stainless steel (316 L or 304
L) or similar (i.e., designed to resist corrosion during exposure to
saltwater) must be used for all components. The hook removal device
must be constructed of three-sixteenths to five-sixteenths of an inch
(4.76-7.94 mm) marine-grade stainless steel and have a dehooking end no
larger than 1\7/8\-inch (4.76-cm) outside diameter. The device must
securely engage and control the leader while shielding the point of the
hook to prevent the hook from re-engaging during removal. The hook
removal device must not have any unprotected points (including blunt
ones), as these could cause injury to the mouth and esophagus during
hook removal. The device must be of a size appropriate to secure the
range of hook sizes and styles used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Extended reach handle. The dehooking end must be securely
fastened to an extended reach handle or pole with a minimum length
equal to or greater than 150 percent of the height of the vessel's
freeboard, or 6 ft (1.83 m), whichever is greater. It is recommended,
but not required, that the handle break down into sections. The handle
must be sturdy and strong enough to facilitate the secure attachment of
the hook removal device.
(C) Long-handled dehooker for external hooks. A long-handled
dehooker, meeting the minimum design standards, is required on board
for use on externally hooked sea turtles that cannot be boated. The
long-handled dehooker for internal hooks described in paragraph
(c)(5)(i)(B) of this section meets this requirement. The minimum design
standards are as follows:
(1) Hook removal device. Marine-grade stainless steel (316 L or 304
L) or similar (i.e., designed to resist corrosion during exposure to
saltwater) must be used for all components on any style of long-handled
dehooker. If utilizing a wire-style dehooker (e.g., a pigtail or J-
style dehooker), the long-handled dehooker must be constructed of
three-sixteenths to five-sixteenths of an inch (4.76-7.94 mm) marine-
grade stainless steel. All long-handled dehookers must have a dehooking
end no larger than 1\7/8\-inch (4.76-cm) outside diameter. Smaller
dehooking ends may be appropriate when encountering small turtles. A 5-
inch (12.7-cm) tube T-handle of 1-inch (2.54-cm) outside diameter is
recommended, but not required. The design must be such that a fish hook
can be rotated out, without pulling it out at an angle, as described in
paragraphs (c)(5)(ii)(B) and (C) of this section, and in the NMFS-SEFSC
TM-735 Careful Release Protocols. The dehooking end must be blunt with
all edges rounded. The device must be of a size appropriate to secure
the range of hook sizes and styles used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Extended reach handle. The dehooking end must be securely
fastened to an extended reach handle or pole. The handle must be a
minimum length equal to or greater than 150 percent of the height of
the vessel's freeboard or 6 ft (1.83 m), whichever is greater.
(D) Long-handled device to pull an ``inverted V.'' This tool is
used to pull a ``V'' in the fishing line when implementing the
``inverted V'' dehooking technique, as described in paragraph
(c)(5)(ii)(C) of this section and in the NMFS-SEFSC TM-735 Careful
Release Protocols, for disentangling and dehooking entangled sea
turtles. One long-handled device to pull an ``inverted V'', meeting the
minimum design standards, is required on board. If a 6 ft (1.83 m) or
longer J-style dehooker is used to comply with paragraph (c)(5)(i)(C)
of this section, it will also satisfy this requirement. Minimum design
standards are as follows:
(1) Hook end. This device, such as a standard boat hook, gaff, or
long-handled J-style dehooker must be constructed of stainless steel or
aluminum. A sharp point, such as on a gaff hook, is to be used only for
holding the monofilament fishing line and must never contact the sea
turtle.
(2) Extended reach handle. The handle must have a minimum length
equal to or greater than 150 percent of the height of the vessel's
freeboard, or 6 ft (1.83 m), whichever is greater. The handle must be
sturdy and strong enough to facilitate the secure attachment of the
gaff hook.
(E) Boating the turtle. A device to bring incidentally caught sea
turtles aboard the vessel must be carried on board the vessel 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 never be brought on board without a net or
hoist. Using the involved fishing gear to raise the turtle can result
in serious injury. The following devices are options to meet this
requirement.
(1) Dipnet. The dipnet must have a sturdy net hoop of at least 31
inches (78.74 cm) of inside diameter and a bag depth of at least 38
inches (96.52 cm) to accommodate turtles below 3 ft (91.44 cm) carapace
length. The bag mesh openings may not exceed 3 inches (7.62 cm) bar
measure, defined as the non-stretched distance between a side knot and
a bottom knot of a net mesh (also known as the square mesh
measurement). There must be no sharp edges or burrs on the hoop, or
where the hoop is attached to the handle. The dipnet hoop must be
securely fastened to an extended reach handle or pole with a minimum
length equal to, or greater than, 150 percent of the height of the
vessel's freeboard, or at least 6 ft (1.83 m), whichever is greater.
The handle must be made of a rigid material strong enough to facilitate
the sturdy attachment of the net hoop and able to support a minimum of
100 lb (45.36 kg) without breaking or significant bending or
distortion. It is recommended, but not required, that the extended
reach handle break down into sections.
(2) Collapsible hoop net. The collapsible hoop net frame must be
constructed of stiff wire cable that coils to compress the size for
storage. This device must have a minimum 31-inch (78.74-cm) inside
diameter and a bag depth of at least 38 inches (96.52 cm) to
accommodate turtles up to 3 ft (91.44 cm) in straight carapace length.
The bag mesh openings may not exceed 3 inches (7.62 cm) bar measure,
defined as the non-stretched distance between a side knot and a bottom
knot of a net mesh (also known as the square mesh
[[Page 24420]]
measurement). There must be no sharp edges or burrs on the hoop. The
device must be capable of lifting at least 100 lb (45.36 kg). No
extended reach handle is needed on this type of net, although the rope
handle length must be 6 ft (1.83 m) or 150 percent of freeboard height,
whichever is greater.
(3) Turtle hoist. A turtle hoist consists of a supportive frame
with mesh netting. A turtle hoist can be used to bring turtles on board
that cannot be boated using a dipnet or collapsible hoop net. The two
sizes that meet the design standards are described in paragraphs
(c)(5)(ii)(E)(3)(i) and (ii) of this section. The size of the turtle
hoist used should match the size of turtles encountered.
(i) Small turtle hoist. The frame must be capable of supporting at
least 100 lb (45.36 kg), with a minimum inside diameter of 31 inches
(78.74 cm) to accommodate turtles up to 3 ft (91.44 cm) straight
carapace length. This frame can be hinged or otherwise designed so that
it can be folded for ease of storage as long as it can be quickly
reassembled. If the frame is designed to fold or break down for
storage, the hardware must be self-contained (e.g., barrel bolts on
both sides to lock down frame with no loose pieces like through bolts
and nuts), and there must be no sharp edges. The shape of the frame
does not matter (e.g., round, square, rectangular, or a ``U-shaped'' or
``J-shaped'' basket) as long as it meets the required specifications
and securely contains the turtle. The frame may be constructed of
heavy-duty stainless steel tubing welded into shape or polyvinyl
chloride (PVC) pipe (recommended 2-inch (5.08-cm) diameter with a
required minimum strength of Schedule 40) connected and glued at the
corners using 90[deg] elbow fittings. PVC pipes can be drilled to
facilitate water drainage for ease of hauling. A shallow bag net with
mesh openings not to exceed 3 x 3 inches (7.62 x 7.62 cm) (bar measure)
must be securely affixed to the frame, and lines (e.g., polypropylene,
nylon, polyester) must be securely attached to each corner to control
and retrieve the frame and net. The lines can be operated using a
pulley system if available on the vessel. No rigid extended reach
handle is needed on this type of net, although the rope handle length
must be 6 ft (1.83 m) or 150 percent of freeboard height, whichever is
greater.
(ii) Large turtle hoist. The large turtle hoist should be capable
of lifting a minimum of half a ton. The structure of the hoist should
consist of three circular aluminum bar rings (top, middle, and bottom)
connected with mesh and spokes. The hoist should be designed so that
when on board, the turtle is suspended above the deck on a platform of
mesh netting (8 mm, 6.5 inches (16.51 cm) stretch knotless 600-ply
polyethylene netting) stretched across the middle ring. The turtle
should be contained within a webbing fence (at least 18 inches (45.72
cm) high) which is supported by the top and middle rings and made of 3
mm, 4.7 inches (11.94 cm) stretch mesh braided polyethylene webbing,
and wrapped along the top ring with half-inch (1.27-cm) polypropylene
rope. The top and middle rings (1\3/4\ inch (4.45 cm) 50 series
aluminum round bar) should be 7 ft and 6 inches (2.29 m) in diameter.
The bottom ring (1\1/2\ inches (3.81 cm) 50 series aluminum round bar)
should be 4 ft (1.22 m) in diameter. The middle and bottom rings are
connected using 12 spoke braces (~23 inches (58.42 cm) long, 1 inch
(2.54 cm) round 50 series aluminum round bar or 6061 T6 1 inch (2.54
cm) Schedule 40 pipe) angled at ~25[deg] and welded in place with an
appropriate welding wire (5052, 6061 or 3003 wire). Rubber cookies (8 x
2\1/2\ inches (20.32 x 6.35 cm), 4 per each of 12 sections) may be used
on the middle ring to facilitate rolling the hoist up the side of the
vessel and to cushion impact of the hoist against the side of the
vessel. When deployed in rough seas, the hoist should be held to the
side of the vessel to prevent swinging and collision with the vessel
hull. A 3- or 4-point bridle is attached to the top ring using pair
links and three-quarter-inch (1.91-cm) nylon 3-strand line, and a
hydraulic lift is used to bring hoist aboard.
(F) Cushion/support device for boated turtles. Each vessel is
required to carry a device that effectively cushions and supports a sea
turtle while it is on board. The device used must be appropriately
sized to support the sea turtle encountered. The device must be
puncture proof (e.g., no inner tubes, pool toys) and cannot be a
primary safety device (e.g., primary life ring or life jacket dedicated
to personnel on board). Examples that meet current design standards
include:
(1) A standard automobile tire. A standard (not from a truck or
heavy equipment) passenger vehicle tire not mounted on a rim and free
of exposed steel belts, is effective for supporting a turtle in an
upright orientation while it is on board. An assortment of sizes is
recommended to accommodate a range of turtle sizes. If the turtle is
too large for the tire, it must be contained and supported on an
alternative cushioned surface.
(2) Boat cushion. A standard boat cushion can effectively support
smaller turtles.
(3) Large turtle hoist. This style is recommended for supporting
large turtles such as leatherbacks, which need a supportive platform
while on board. The large turtle hoist described in paragraph
(c)(5)(i)(E)(3)(ii) of this section satisfies this requirement.
(G) Short-handled dehooker for internal hooks. One short-handled
device, meeting the minimum design standards, is required on board for
removing hooks that are internal or ingested. This dehooker is designed
to remove internal hooks from boated sea turtles. It can also be used
on external hooks or hooks in the front of the mouth. Minimum design
standards are as follows:
(1) Hook removal device. Unless otherwise noted, all components
must be made of marine-grade stainless steel (316 L or 304 L). If
utilizing a wire-style dehooker (e.g., a pigtail or J-style dehooker),
the hook removal device must be constructed of three-sixteenths to
five-sixteenths of an inch (4.76-7.94 mm) marine-grade stainless steel
(316 L or 304 L) rod and have a dehooking end no wider than 1\7/8\
inches (4.76 cm) total width. The end must allow the hook to be secured
and the point to be shielded without re-engaging during the removal
process. It may not have any unprotected terminal points or sharp
edges, as this could cause injury to the esophagus during hook removal.
A sliding PVC bite block must be used to protect the beak and
facilitate hook removal if the turtle bites down on the dehooking
device. The bite block should be constructed of a three-quarter- to 1-
inch (1.91-2.54 cm) inside diameter high-impact plastic cylinder (e.g.,
Schedule 80 PVC) that is 4-6 in (10.16-15.24 cm) long to allow for at
least 5 inches (12.7 cm) of slide along the shaft. The device must be
of a size appropriate to secure the range of hook sizes and styles used
in the pelagic longline fishery targeting swordfish and tuna.
(2) Handle length. The handle must be 16-24 inches (40.64-60.96 cm)
in length, with a tube T-handle, wire loop handle, or similar type of
handle that is approximately 4-6 inches (10.16-15.24 cm) long.
(H) Short-handled dehooker for external hooks. One short-handled
dehooker for external hooks, meeting the minimum design standards, is
required on board. The short-handled dehooker for internal hooks
required to comply with paragraph (c)(5)(i)(G) of this section will
also satisfy this requirement. Minimum design standards are as follows:
(1) Hook removal device. Marine-grade stainless steel (316 L or 304
L) must be used for all components. If
[[Page 24421]]
utilizing a wire-style dehooker (e.g., a pigtail or J-style dehooker),
the dehooker must be constructed of three-sixteenths to five-sixteenths
of an inch (4.76-7.94 mm) marine-grade stainless steel (316 L or 304 L)
and have a dehooking end no wider than 1\7/8\ inches (4.76 cm) total
width. The design must be such that a hook can be rotated out without
pulling it out at an angle. The dehooking end must be blunt, and all
edges rounded. The device must be of a size appropriate to secure the
range of hook sizes and styles used in the pelagic longline fishery
targeting swordfish and tuna.
(2) Handle length. The handle must be 16-24 inches (40.64-60.96 cm)
long with a tube T-handle, wire loop handle, or similar type of handle
that is approximately 4-6 inches (10.16-15.24 cm) long.
(I) Long-nose or needle-nose pliers. One pair of long-nose or
needle-nose pliers is required to be on board. Such pliers must be a
minimum of 11 inches (27.94 cm) in length, and should be constructed of
stainless steel material or other material designed to resist corrosion
during exposure to saltwater. The pliers can be used to remove embedded
hooks from the turtle's flesh or hooks in the front of the mouth. The
pliers are also useful for holding PVC splice couplings in place as
mouth openers.
(J) Bolt cutters. One pair of bolt cutters is required on board.
Such bolt cutters must be a minimum of 14 inches (35.56 cm) in total
length, with a minimum of 4 inches (10.16 cm) long blades that are a
minimum of 2\1/4\ inches (5.72 cm) wide, when closed, and with 10- to
13-inch (25.40- to 33.02-cm) long handles. Such bolt cutters must be
able to cut hard metals, such as stainless or carbon steel hooks, up to
a quarter inch (6.35 mm) in diameter, and they must be capable of
cutting through the hooks used on a vessel. The required bolt cutters
may be used to cut hooks to facilitate their removal. They should be
used to cut off the eye or point of a hook, so that it can safely be
pushed through a sea turtle without causing further injury. They should
also be used to cut off as much of the hook as possible, when the
remainder of the hook cannot be removed.
(K) Monofilament line cutters. One pair of monofilament line
cutters is required on board. Such monofilament line cutters must be a
minimum of 6 inches (15.24 cm) in overall length. The blades must be 1
inch (2.54 cm) in length and five-eighths inch (1.59 cm) wide, when
closed, and are recommended to be coated with Teflon (a trademark owned
by E.I. DuPont de Nemours and Company Corp.). The line cutters must be
used to remove netting, entangling line, or fishing line as close to
the eye of the hook as possible, if the hook is swallowed or cannot be
removed safely.
(L) Mouth openers/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 boated turtles. They must allow access to the hook
or line without causing further injury to the turtle. Design standards
are included in the item descriptions. At least two of the seven
different types of mouth openers/gags described below are required on
board the vessel:
(1) A block of hard wood. Placed in the corner of the jaw, a block
of hard wood may be used to gag open a turtle's mouth. A smooth block
of hard wood of a type that does not splinter (e.g., maple) with
rounded edges must be sanded smooth. The dimensions should be
appropriately sized for the size of turtles that may be caught or
approximately 10 x 0.75 x 0.75 inches (25.40 x 1.91 x 1.91 cm). A long-
handled, wire shoe brush with a wooden handle, and with the wires
removed, is an inexpensive, effective and practical mouth-opening
device that meets these requirements. A wooden hammer handle (without
the head attached) may also be suitable, provided it is made from wood
that does not splinter under pressure (e.g., ash, maple).
(2) A set of three canine mouth gags. Canine mouth gags are highly
recommended to hold a turtle's mouth open, because the gag locks into
an open position to allow for hands-free operation after it is in
place. A set of canine mouth gags must include one of each of the
following sizes: small (5 in; 12.7 cm), medium (6 in; 15.24 cm), and
large (7 in; 17.78 cm). They must be constructed of stainless steel.
(3) A set of two sturdy dog chew bones. Placed in the corner of a
turtle's jaw, canine chew bones are used to gag open a sea turtle's
mouth. Required canine chews must be constructed of durable nylon,
zylene resin, or thermoplastic polymer, and strong enough to withstand
biting without splintering. To accommodate a variety of turtle beak
sizes, a set must include one large (5.5-8 inches (13.97-20.32 cm) in
length) and one small (3.5-4.5 inches (8.89-11.43 cm) in length) canine
chew bone.
(4) A set of two rope loops covered with hose. A set of two rope
loops covered with a piece of hose or flexible tubing can be used as a
mouth opener, and to keep a turtle's mouth open during hook and/or line
removal. A required set consists of two 3-ft (91.44-cm) lengths of poly
braid rope (three-eighths of an inch (9.53 mm) in diameter is
suggested), each covered with an 8-inch (20.32-cm) section of half-inch
(1.27-cm) or three-quarter-inch (1.91-cm) light-duty garden hose or
flexible tubing, and each tied into a loop. The upper loop of rope
covered with hose is secured on the upper beak to give control with one
hand, and the second piece of rope covered with hose is secured on the
lower beak to give control with the user's foot.
(5) A hank of rope. Placed in the corner of a turtle's jaw, a hank
of rope can be used to gag open a sea turtle's mouth. A 6-ft (1.83-m)
lanyard with a minimum of three-sixteenths-inch (4.76-mm) braided soft
rope may be folded to create a hank, (or a coiled or looped bundle), of
rope. Any size braided soft rope is allowed; however, it must create a
hank of approximately 2-4 inches (5.08-10.16 cm) in thickness.
(6) A set of four PVC splice couplings. PVC splice couplings can be
positioned inside a turtle's mouth to allow access to the back of the
mouth for hook and line removal. They are to be held in place with the
needle-nose pliers. To ensure proper fit and access, a required set
must consist of the following Schedule 40 PVC splice coupling sizes: 1
inch (2.54 cm), 1\1/4\ inches (3.18 cm), 1\1/2\ inches (3.81 cm), and 2
inches (5.08 cm).
(7) A large avian oral speculum. A large avian oral speculum
provides the ability to hold a turtle's mouth open and to control the
head with one hand, while removing a hook with the other hand. The
avian oral speculum must be 9 inches (22.86 cm) long and constructed of
three-sixteenths-inch (4.76-mm) wire diameter surgical stainless steel
(Type 304). It must be covered with 8 inches (20.32 cm) of clear vinyl
tubing (five-sixteenths-inch (7.94-mm) outside diameter, three-
sixteenths-inch (4.76-mm) inside diameter), friction tape, or similar
material to pad the surface.
(M) * * *
(1) Turtle tether and extended reach handle. Approximately 15-20 ft
(4.57-6.10 m) of half-inch (1.27 cm) hard lay negative buoyancy line or
similar is used to make an approximately 30-inch (76.2-cm) loop to slip
over the flipper. The line is fed through a three-quarter-inch (1.91-
cm) inside diameter fair lead, eyelet, or eyebolt at the working end of
a pole and through a three-quarter-inch (1.91-cm) eyelet or eyebolt in
the midsection. A half-inch (1.27-cm) quick release cleat holds the
line in place near the end of the pole. A final three-
[[Page 24422]]
quarter-inch (1.91-cm) eyelet or eyebolt should be positioned
approximately 7 inches (17.78 cm) behind the cleat to secure the line,
while allowing a safe working distance to avoid injury when releasing
the line from the cleat. The line must be securely fastened to an
extended reach handle or pole with a minimum length equal to, or
greater than, 150 percent of the height of the vessel's freeboard, or a
minimum of 6 ft (1.83 m), whichever is greater. There is no restriction
on the type of material used to construct this handle, as long as it is
sturdy. The handle must include a tag line to attach the tether to the
vessel to prevent the turtle from breaking away with the tether still
attached.
(2) Ninja sticks and extended reach handles. Approximately 30-35 ft
(9.14-10.67 m) of one-half to five-eighths of an inch (1.27-1.59 cm) of
soft lay polypropylene line, nylon line or similar line is fed through
2 PVC conduit, fiberglass, or similar sturdy poles and knotted using an
overhand (recommended) knot at the end of both poles or otherwise
secured. There should be approximately 18-24 inches (45.72-60.96 cm) of
exposed rope between the poles to be used as a working surface to
capture and secure the flipper. Knot the line at the ends of both poles
to prevent line slippage if they are not otherwise secured. The
remaining line is used to tether the apparatus to the boat unless an
additional tag line is used. Two lengths of sunlight resistant three-
quarter-inch (1.91-cm) schedule 40 PVC electrical conduit, fiberglass,
aluminum, or similar material should be used to construct the apparatus
with a minimum length equal to, or greater than, 150 percent of the
height of the vessel's freeboard, or 6 ft (1.83 m), whichever is
greater.
(ii) * * *
(A) Sea turtle bycatch mitigation gear and protocols. Sea turtle
bycatch mitigation gear, as required by paragraphs (c)(5)(i)(A) through
(D) of this section, must be used to disengage any hooked or entangled
sea turtles that cannot be brought on board. Sea turtle bycatch
mitigation gear, as required by paragraphs (c)(5)(i)(E) through (M) of
this section, must be used to facilitate access, safe handling,
disentanglement, and hook removal or hook cutting of sea turtles that
can be brought on board, where feasible. Sea turtles must be handled,
and bycatch mitigation gear must be used, in accordance with the
careful release protocols and handling/release guidelines specified in
paragraphs (c)(5)(ii)(B) and (C) of this section, and in accordance
with the onboard handling and resuscitation requirements specified in
50 CFR 223.206(d)(1).
(B) Boated turtles. When practicable, active and comatose sea
turtles must be brought on board, with a minimum of injury, using a
dipnet, collapsible hoop net, or turtle hoist, as required by paragraph
(c)(5)(i)(E) of this section. All turtles less than 3 ft (91.44 cm)
carapace length must be boated, if sea conditions permit. Turtles must
be lifted and carried by holding the front and back of the carapace
(shell) or by holding the shell by both sides. A turtle must be cradled
while holding the shell and base of the flippers. A turtle must never
be lifted or dragged by the flippers when it is brought on board,
handled on deck, or released.
(1) A boated turtle must be placed on a device that effectively
cushions and supports a sea turtle while it is on board, as described
in paragraph (c)(5)(i)(F) of this section. The turtle must be in an
upright orientation to immobilize it and facilitate gear removal. Then,
it should be determined if the hook can be removed without causing
further injury.
(2) All externally embedded hooks must be removed, unless hook
removal would result in further injury to the turtle. No attempt to
remove a hook should be made if it has been swallowed and the insertion
point is not visible, or if it is determined that removal would result
in further injury.
(3) If a hook cannot be removed, as much line as possible must be
removed from the turtle using monofilament cutters as required by
paragraph (c)(5)(i)(K) of this section, and the hook should be cut as
close as possible to the insertion point before releasing the turtle,
using bolt cutters as required by paragraph (c)(5)(i)(J) of this
section.
(4) If a hook can be removed, an effective technique may be to cut
off either 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 front of
the mouth, a mouth-opener, as required by paragraph (c)(5)(i)(L) of
this section, may facilitate opening the turtle's mouth and a gag may
facilitate keeping the mouth open. Short-handled dehookers for internal
hooks, long-nose pliers, or needle-nose pliers, as required by
paragraphs (c)(5)(i)(H) and (I) of this section, should be used to
remove visible hooks from the mouth that have not been swallowed, as
appropriate.
(5) As much gear as possible must be removed from the turtle
without causing further injury prior to its release. Refer to the
careful release protocols and handling/release guidelines required in
this paragraph (c)(5)(ii)(B), and the handling and resuscitation
requirements specified in 50 CFR 223.206(d)(1), for additional
information.
(C) Non-boated turtles. If a sea turtle is too large, or hooked in
a manner that precludes safe boating without causing further damage or
injury to the turtle, sea turtle bycatch mitigation gear required by
paragraphs (c)(5)(i)(A) through (D) of this section must be used to
disentangle sea turtles from fishing gear and disengage any hooks, or
to clip the line and remove as much line as possible from a hook that
cannot be removed, prior to releasing the turtle, in accordance with
the protocols specified in this paragraph.
(1) Non-boated turtles should be brought close to the boat and
provided with time to calm down. Then, it must be determined whether
the hook can be removed without causing further injury. A front flipper
or flippers of the turtle must be secured with an approved turtle
control device from the list specified in paragraph (c)(5)(i)(M) of
this section.
(2) All externally embedded hooks must be removed, unless hook
removal would result in further injury to the turtle. No attempt should
be made to remove a hook if it has been swallowed, or if it is
determined that removal would result in further injury. If the hook
cannot be removed and/or if the animal is entangled, as much line as
possible must be removed prior to release, using a line cutter as
required by paragraph (c)(5)(i)(K) of this section. If the hook can be
removed, it must be removed using a long-handled dehooker as required
by paragraph (c)(5)(i) of this section.
(3) Without causing further injury, as much gear and line as
possible must be removed from the turtle prior to its release. Refer to
the careful release protocols and handling/release guidelines required
in this paragraph (c)(5)(ii)(C), and the handling and resuscitation
requirements specified in 50 CFR 223.206(d)(1) for additional
information.
(iii) Gear modifications. The following measures are required of
vessel owners and operators to reduce the incidental capture and
mortality of sea turtles:
* * * * *
(d) * * *
(2) The owner and operator of a vessel required to be permitted
under this part and that has bottom longline gear on board must
undertake the following bycatch mitigation measures:
* * * * *
[FR Doc. 2024-07140 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-22-P