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Compliance Guide⁽¹⁾

REGULATIONS FOR MITIGATING INTERACTIONS
BETWEEN SEABIRDS AND HAWAII-BASED LONGLINE VESSELS

This guide provides a summary for fishermen on how to comply with regulations intended to reduce and mitigate interactions between seabirds and Hawaii-based longline vessels. For the complete set of official regulations please refer to Title 50 of the Code of Federal Regulations (Part 660) and the Federal Register notice containing the final regulations published on May 14, 2002⁽²⁾.

Q1. Who is affected by the new regulations?

A1. Anyone who owns or operates a longline vessel registered for use under a Hawaii longline limited access permit.

Q2. When did the new regulations take effect, and for how long are they effective?

A2. Except for certain reporting requirements, the sea bird regulations take effect on

June 13, 2002, and will remain effective until they are revised or removed by the National Marine Fisheries Service (NMFS). Reporting requirements pertaining to short-tailed albatross interaction will take effect when approval is received from the Office of Management and Budget. NMFS will notify fishermen when these requirements become effective.

Q3. Why do we have these new regulations?

A3. The new regulations are intended to reduce interactions between seabirds and longline fishing vessels. These interactions are most common to the north of Hawaii, and usually happen when a bird dives on a baited hook. The new regulations focus on making the bait less visible to seabirds, distracting seabirds away from baited hooks, and making sure that hooks sink quickly so that birds have less time to dive on them. Handling of hooked or entangled seabirds, as well as continuing education about seabirds, are also included. Although rare around Hawaii, the short-tailed albatross is given special attention because it is an "endangered" seabird protected by the Endangered Species Act.

Q4. Where do the new regulations apply?

A4. The regulations have two parts, the first applies only when fishing north of 23 N. latitude, the second applies to all fishing areas.

Q5. What new regulations apply when fishing north of 23 N. latitude?

A5. Vessel owners and operators must make sure that:

• All bait is completely thawed and dyed blue to an intensity that matches the color quality control card issued by NMFS. For enforcement purposes, you must have at least 2 full cans (either 0.45 kilograms or 1 pound each) of blue dye on board your vessel at all times;
• Fish, fish parts (offal), and spent bait are thrown out to distract birds when setting and hauling the gear. These items must be thrown from the opposite side of the vessel from where the longline is being set and hauled. Fish, fish parts, and spent bait will need to be saved between hauls for this purpose, and all hooks must be removed. The liver, bill, and head of the swordfish must be removed and the head cut in half vertically. Throw the butchered head and the liver out as described above;
• A line setting machine (line shooter) must be used when making deep sets for deploying monofilament longline gear which must have at least 45 grams of weight attached within 1 meter of each hook;
• Because of its rapid sink rate, basket-style longline gear (a type of longline gear that is divided into units called baskets each consisting of a segment of mainline onto which 10 or more branch lines with hooks are spliced - the mainline and all branch lines are made of multiple braided strands of cotton, nylon, or other synthetic fibers impregnated with tar or other heavy coatings that cause the lines to sink rapidly in water), may be used instead of monofilament gear with a line setting machine, to make deep sets. If this gear is used, it must be deployed slack to maximize its sink rate.
• Other fishery regulations also apply to this area, including a prohibition on shallow setting of longline gear targeting swordfish north of the equator.

Q6. What other new regulations apply?

A6. There are three new regulations that apply to the owners and operators of all longline vessels registered under Hawaii limited access longline permits, wherever they fish.

• Vessel operators and owners must attend a Protected Species Workshop conducted by NMFS at least one time each year. Vessel operators must carry their current workshop identification (ID) card at sea, vessel owners must keep their workshop ID current in order to maintain their vessel registration. Please contact Pacific Islands Area Office (808) 973-2937 for a workshop schedule.
• If a short-tailed albatross is hooked or entangled, vessel operators (and owners) must ensure that the following actions are taken:

A. Stop the vessel to reduce tension on the line and bring the bird on board using a dipnet;

• Cover the bird with a towel to protect its feathers from oils or damage while being handled and;
• Remove any entangled lines from the bird.
• Determine if the bird is dead or alive;
• If dead: freeze the bird and attach to its leg an identification tag with the name of the species, location and date of mortality, and band number if the bird has a leg band. Attach a duplicate identification tag to the bag or container holding the bird. Any leg bands present must remain on the bird. Contact NMFS, the U.S. Coast Guard, or Fish and Wildlife Service at the numbers listed on the Short-tailed Albatross Handling Placard distributed at the NMFS protected species workshop, and inform them that you have a dead short-tailed albatross on board. Submit the bird to NMFS within 72 hours following completion of the fishing trip.
• If alive: Place the bird in a safe enclosed place. Immediately contact NMFS, the Coast Guard, or Fish and Wildlife Service at the numbers listed on the Short-tailed Albatross Handling Placard distributed at the NMFS Protected Species Workshop and request veterinary guidance. Follow the veterinary guidance regarding the handling and release of the bird.
• If the bird is externally hooked and no veterinary guidance is received within 24-48 hours: Remove the hook by cutting the line as close as possible to the hook, pushing the hook barb out point first, cutting off the hook barb using bolt cutters, and then removing the hook shank. Cut the fishing line as close as possible to inaccessible hooks. Leave the bird in a safe enclosed space to recover until its feathers are dry, and release the bird only if it can: hold its head erect and respond to noise and motion; breathe without noise; flap and retract both wings to normal folded position on its back; stand on both feet with toes pointed forward; and its feathers are dry. Release all birds by gently placing them on the sea surface.
• If the bird is internally hooked and no veterinary guidance is received within 24-48 hours: keep the bird in a safe enclosed place and deliver it to NMFS immediately when you return to port. Do not give the bird food or water.
• Record the interaction in your logbook, and fill out the Short-Tailed Albatross Recovery Data Forms distributed during NMFS Protected Species Workshop.

3. If any other type of seabird is hooked or entangled, vessel owners (and operators) must ensure that the following actions are taken:

• Stop the vessel to reduce tension on the line and bring the bird on board using a dipnet;

B. Cover the bird with a towel to protect its feathers from oils or damage while being handled and;

• Remove any entangled lines from the bird.

• If the bird is externally hooked: Remove the hook by cutting the line as close as possible to the hook, pushing the hook barb out point first, cutting off the hook barb using bolt cutters, and then removing the hook shank. Cut the fishing line as close as possible to inaccessible hooks. Leave the bird in a safe enclosed space to recover until its feathers are dry.
• If the bird is internally hooked, cut the line as close as possible to the hook without pulling on the line and keep the bird in a safe enclosed space to recover until its feathers are dry.
• Release all birds by gently placing them on the sea surface.
• Record the interaction in your logbook.

Q7. What are the penalties for the operator or owner of a vessel that doesn't follow these regulations?

A7. Penalties are determined on a case-by-case basis; they can include significant civil penalties.

Q8. Who can I contact for additional copies of this guide or for more information on these regulations?

A8. Call the NMFS Pacific Islands Area Office in Honolulu at (808) 973-2937. You can also read the Federal Register notice for this rule (vol. 67, no. 93, pgs. 34408 - 34413, May 14, 2002) and the Code of Federal Regulations (Title 50, Section 660).

1. This small entity compliance guide is issued in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.