Chapter 11 — Species of Special Concern 



injuries suggesting that they had been clubbed. There 

 were also reports of large numbers of albatrosses 

 killed or injured by longline fishermen. The increase 

 in reported deaths and injuries coincided with expan- 

 sion of the pelagic longline fishing fleet in Hawaiian 

 waters from about 15 vessels in 1988 to more than 

 150 vessels in 1991. In addition, a number of long- 

 line vessels were observed fishing within sight of 

 French Frigate Shoals. 



Concerned that observed injuries were but a 

 fraction of the total number of animals being killed or 

 injured and also alarmed by the rapid growth of the 

 longline fleet, the Western Pacific Regional Fishery 

 Management Council and the National Marine Fisher- 

 ies Service took a number of steps in 1991. In 

 particular, the two agencies acted on various emergen- 

 cy rules and amendments to fishery management plans 

 for pelagic longline and bottomfish fisheries off the 

 Northwestern Hawaiian Islands. The Commission, in 

 consultation with its Committee of Scientific Advisors, 

 provided reconunendations throughout the process (see 

 Appendix A, 7 February, I April, 19 April, 23 April, 

 9 August, 16 August, 20 September (two letters), 17 

 December, and 20 December 1991). 



In its series of letters, the Commission recommend- 

 ed that: waters within 50 nautical miles of the North- 

 western Hawaiian Islands be closed to pelagic longline 

 fishing; observers be placed aboard a representative 

 sample of longline vessels fishing between 50 and 100 

 nautical miles of the Northwestern Hawaiian Islands 

 and a sample of bottomfish vessels operating over 

 adjacent reefs to document any interactions with seals; 

 formal consultations under section 7 of the Endan- 

 gered Species Act be reinitiated to address the effect 

 of the fisheries on monk seals; haulout beaches be 

 monitored closely for further evidence of fishery- 

 related effects; steps be taken to evaluate the applica- 

 tion and required use of satellite-linked radio transmit- 

 ters aboard longline vessels to monitor vessel posi- 

 tions in real-time; and satellite tagging studies of seals 

 be designed and implemented by the 1992 field season 

 to provide a better basis for assessing the occurrence 

 and habitat use patterns of seals beyond 50 nautical 

 miles from shore. 



The National Marine Fisheries Service acted 

 shortly after receiving the new reports of injured seals 

 early in 1991 . It began investigating the extent of the 

 problem by interviewing fishermen returning to port 

 from the Northwestern Hawaiian Islands, sending 

 researchers to haulout beaches in the area to look for 

 additional evidence of injured seals, and placing 

 observers aboard bottomfish and longline vessels 

 fishing around the Northwestern Hawaiian Islands. 



At the same time, the Western Pacific Regional 

 Fishery Management Council also began assessing 

 how to respond to the reports. With regard to regula- 

 tory measures, the Council recommended, and the 

 Service adopted, emergency rules on 18 April 1991 to 

 establish a Protected Species Zone within 50 nautical 

 miles of the Northwestern Hawaiian Islands and in 

 corridors between the islands. The rules prohibited 

 pelagic longline fishing within that zone and required 

 bottomfish fishermen to notify the Service before 

 leaving port if they plaimed to fish in that area. The 

 latter provision, adopted as a permanent rule on 30 

 May, was intended to assure the Service an opportuni- 

 ty to place observers aboard bottomfish vessels. At 

 the recommendation of the Council, the Service 

 extended the emergency rules establishing the Protect- 

 ed Species Zone on 19 July. The rules were made 

 permanent on 18 October 1991. 



Some longline fishermen attempted to continue 

 fishing in the closed area by using longline gear 

 shorter than the one-mile regulatory definition of such 

 gear. In response, the Service adopted an emergency 

 rule on 2 August 1991 redefining longline gear within 

 the Protected Species Zone as longline gear of any 

 length. Emergency rules limiting new entries into the 

 longline fishery also were adopted on 12 April 1991 

 and extended on 24 June and 22 August. 



The Coast Guard is responsible for assisting the 

 National Marine Fisheries Service with enforcement 

 of fishery regulations. Because of limited fiinds, 

 however, the Coast Guard was not making overflights 

 off the Northwestern Hawaiian Islands early in 1991. 

 On 25 February 1991, the Commission wrote to the 

 Coast Guard asking that the Coast Guard assist efforts 

 to detect and enforce fishing violations in monk seal 

 habitat by providing surveillance flights off the 



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