Amendment 5 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region - Measures to Reduce Interactions between the American Samoa Longline Fishery and Green Sea Turtles. Including an Environmental Assessment and Regulatory Impact Review

Pelagic longline fishing in the U.S. EEZ around American Samoa is primarily conducted to target albacore tuna for canning in the local Pago Pago cannery. The fishery is managed under the Fishery Ecosystem Plan for Pelagic Fisheries in the Western Pacific Region (Pelagics FEP) that was developed by the Western Pacific Fishery Management Council (Council), approved by the Secretary of Commerce, and implemented by the National Marine Fisheries Service (NMFS) in 2009. The fishery is managed as a limited access fishery, with provisions for permits, logbooks, and observers, among others to reduce the number and severity of interactions with protected species. The American Samoa longline fishery has been observed to interact (hook or entangle) with green sea turtles (Chelonia mydas) which are listed as threatened under the Endangered Species Act (ESA). To address this issue, the Council has developed an amendment to the Pelagics FEP to provide for the long-term viability and sustainability of the economically important longline fishery, while at the same time providing for the long-term survival, recovery, and sustainability of sea turtles by reducing the number of sea turtle interactions with the American Samoa longline fishery.

To reduce interactions between the longline fishery and green sea turtles, the Council considered a range of alternatives that would modify gear used in the fishery. The preferred alternative requires that fishermen on vessels longer than 40 feet and with Class B, C, and D permits, set hooks to fish at least 100 meters deep by increasing the length of line between floats and the suspended horizontal mainline to 30 meters, increasing the distance between floats and adjacent branch lines with hooks to 70 meters, and providing that there be no less than 15 branch lines with hooks between all floats. The possession or landing of more than 10 swordfish would also be prohibited to ensure that shallower longline fishing does not occur on a deep-set fishing trip. In addition to the no action alternative, other alternatives considered include the use of larger hooks with larger bait, and a combination of larger hooks and bait and deeper set depths.

The environmental assessment (EA) found that all of the alternatives would reduce interactions with sea turtles. The proposed gear modifications are not expected to change the conduct of the fishery in terms of the number of participants, area fished, and fish targeted. For this reason, none of the alternatives would likely result in adverse impacts on target and non-target species. Alternatives that require deeper fishing and/or larger hooks and bait are expected to result in a reduction in catch of surface-dwelling fish that are incidentally caught in the fishery, such as mahimahi and wahoo. Alternatives 2 and 4 may result in a small number of swordfish being discarded if the trip limit were reached. The trip limits would be an indirect means of preventing longline fishermen from deploying shallow sets and targeting swordfish. No large changes or impacts to seabirds, marine mammals, essential fish habitat, habitat areas of particular concern, marine protected areas, fishing communities, or safety at sea are likely.

This FEP amendment and EA are being made available to the public together with the proposed rule. Prior opportunities for public comment have also occurred at several council meetings, public meetings, and meetings of the council's advisory groups described in Section 5.0 of this document. NMFS is seeking public comments on the proposed rule that would implement the proposed action. Instructions on how to comment on the proposed rule as well instructions on how to obtain a copy of the EA can be found by searching on Regulatory Identifier Number 0648-AY27 at www.regulations.gov; or by contacting the Council or Agency official at the above addresses.

Finally, at its 148th meeting the Council recommended NMFS' Pacific Islands Regional Office (