80_FR_55999 80 FR 55819 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States and Snapper-Grouper Fishery of the South Atlantic Region; Amendments 7/33

80 FR 55819 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States and Snapper-Grouper Fishery of the South Atlantic Region; Amendments 7/33

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 180 (September 17, 2015)

Page Range55819-55821
FR Document2015-23339

The South Atlantic Fishery Management Council (Council) has submitted Amendment 7 to the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP) and Amendment 33 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP) (Amendments 7/33) for review, approval, and implementation by NMFS. Amendments 7/33 propose actions to revise the landing fish intact provisions for vessels that lawfully harvest dolphin, wahoo, or snapper-grouper in or from Bahamian waters and return to the U.S exclusive economic zone (EEZ). The U.S. EEZ as described in this document refers to the Atlantic EEZ for dolphin and wahoo and the South Atlantic EEZ for snapper-grouper. The purpose of Amendments 7/33 is to improve the consistency and enforceability of Federal regulations with regards to landing fish intact and to increase the social and economic benefits related to the recreational harvest of these species.

Federal Register, Volume 80 Issue 180 (Thursday, September 17, 2015)
[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Proposed Rules]
[Pages 55819-55821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BD76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery Off the Atlantic States and Snapper-Grouper 
Fishery of the South Atlantic Region; Amendments 7/33

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

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 7 to the Fishery Management Plan (FMP) for the 
Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo 
FMP) and Amendment 33 to the FMP for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP) (Amendments 7/33) for 
review, approval, and implementation by NMFS. Amendments 7/33 propose 
actions to revise the landing fish intact provisions for vessels that 
lawfully harvest dolphin, wahoo, or snapper-grouper in or from Bahamian 
waters and return to the U.S exclusive economic zone (EEZ). The U.S. 
EEZ as described in this document refers to the Atlantic EEZ for 
dolphin and wahoo and the South Atlantic EEZ for snapper-grouper. The 
purpose of Amendments 7/33 is to improve the consistency and 
enforceability of Federal regulations with regards to landing fish 
intact and to increase the social and economic benefits related to the 
recreational harvest of these species.

DATES: Written comments must be received on or before November 16, 
2015.

ADDRESSES: You may submit comments on Amendments 7/33 identified by 
``NOAA-NMFS-2015-0047'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0047, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Nikhil Mehta, Southeast 
Regional

[[Page 55820]]

Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    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 
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).
    Electronic copies of Amendments 7/33, which includes an 
environmental assessment, a Regulatory Flexibility Act analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/generic/2015/dw7_sg33/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, Southeast Regional 
Office, telephone: 727-824-5305, or email: nikhil.mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery is managed 
under the Dolphin and Wahoo FMP and the snapper-grouper fishery is 
managed under the Snapper-Grouper FMP. The FMPs were prepared by the 
Council and are implemented through regulations at 50 CFR part 622 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a plan or amendment, publish an 
announcement in the Federal Register notifying the public that the plan 
or amendment is available for review and comment.

Background

    Current Federal regulations require that dolphin or wahoo or 
snapper-grouper species harvested in or from the U.S. EEZ must be 
maintained with the heads and fins intact and not be in fillet form. 
However, as implemented through Amendment 8 to the Snapper-Grouper FMP, 
an exception applies to snapper-grouper species that are lawfully 
harvested in Bahamian waters and are onboard a vessel returning to the 
U.S. through the EEZ (63 FR 38298, July 16, 1998). Amendment 8 to the 
Snapper-Grouper FMP allows that in the South Atlantic EEZ, snapper-
grouper lawfully harvested in Bahamian waters are exempt from the 
requirement that they be maintained with head and fins intact, provided 
valid Bahamian fishing and cruising permits are on board the vessel and 
the vessel is in transit through the South Atlantic EEZ. A vessel is in 
transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.
    The Bahamas does not allow for the commercial harvest of dolphin, 
wahoo, or snapper-grouper species by U.S. vessels in Bahamian waters. 
Therefore, the measures proposed in Amendments 7/33 only apply to the 
recreational harvest of these species in The Bahamas and on a vessel 
returning from Bahamian water to the U.S. EEZ.

Actions Contained in Amendments 7/33

    Amendments 7/33 would revise the landing fish intact provisions for 
vessels that lawfully harvest dolphin, wahoo, and snapper-grouper in 
Bahamian waters and return to the U.S. EEZ. Amendments 7/33 would allow 
for dolphin and wahoo fillets to enter the U.S. EEZ after lawful 
harvest in Bahamian waters; specify the condition of any dolphin, 
wahoo, and snapper-grouper fillets; describe how the recreational bag 
limit would be determined for any fillets; explicitly prohibit the sale 
or purchase of any dolphin, wahoo, or snapper-grouper recreationally 
harvested in Bahamian waters; specify the required documentation to be 
onboard any vessels that have these fillets, and specify transit and 
stowage provisions for any vessels with these fillets.

Landing Fish Intact

    Currently, all dolphin and wahoo in or from the Atlantic EEZ are 
required to be maintained with head and fins intact. These fish may be 
eviscerated, gilled, and scaled, but must otherwise be maintained in a 
whole condition. Amendments 7/33 would allow for dolphin and wahoo 
lawfully harvested in Bahamian waters to be exempt from this provision 
when returning to the Atlantic EEZ. Dolphin or wahoo lawfully harvested 
in or from Bahamian waters would be able to be stored on ice more 
effectively for transit through the U.S. EEZ in fillet form, given the 
coolers generally used on recreational vessels. Allowing fishers on 
these vessels to be exempt from the landing fish intact regulations 
would increase the social and economic benefits for recreational 
fishers returning to the U.S. EEZ from Bahamian waters. This proposed 
exemption would also allow for increased consistency between the 
dolphin and wahoo and snapper-grouper regulations. This proposed action 
would not be expected to substantially increase recreational fishing 
pressure or otherwise change recreational fishing behavior, because 
these species would not be exempt from U.S. recreational bag limits, 
fishing seasons, size limits, or other management measures in place in 
the U.S. EEZ, including prohibited species (e.g., goliath grouper and 
Nassau grouper). Therefore, the Council and NMFS anticipate that there 
are likely to be neither positive nor negative additional biological 
effects to these species.
    Snapper-grouper possessed in the South Atlantic EEZ are currently 
exempt from the landing fish intact requirement if the vessel lawfully 
harvests snapper-grouper in The Bahamas. This action would retain this 
exemption for snapper-grouper species and revise it to include 
additional requirements.

Condition of Fillets

    To better allow for identification of the species of any fillets in 
the U.S. EEZ, Amendments 7/33 would require that the skin be left 
intact on the entire fillet of any dolphin, wahoo, or snapper-grouper 
carcass (fillet) transported from Bahamian waters through the U.S. EEZ. 
This requirement will assist law enforcement in identifying fillets to 
determine whether they are only of the species to be exempted by 
Amendments 7/33.

Recreational Bag Limits

    Currently, all dolphin, wahoo, and snapper-grouper harvested or 
possessed in or from the EEZ must adhere to the U.S. bag and possession 
limits. Amendments 7/33 would not revise those bag and possession 
limits, but would specify how fillets are counted with respect to 
determining the number of fish onboard a vessel in transit from 
Bahamian waters through the U.S. EEZ and ensuring compliance with U.S. 
bag and possession limits. Amendments 7/33 would specify that for any 
dolphin, wahoo, or snapper-grouper species lawfully harvested in 
Bahamian waters and onboard a vessel in the U.S. EEZ in fillet form, 
two fillets of the respective species of fish, regardless of the length 
of each fillet, is equivalent to one fish. This measure is intended to 
assist law enforcement by helping ensure compliance with the relevant 
U.S. bag and possession limits.

[[Page 55821]]

Sale and Purchase Restrictions of Recreationally Harvested Dolphin, 
Wahoo or Snapper-Grouper

    Amendments 7/33 would explicitly prohibit the sale or purchase of 
any dolphin, wahoo, and snapper-grouper recreationally harvested in The 
Bahamas and transported through the U.S. EEZ. The Council determined 
that establishing a specific prohibition to the sale or purchase of any 
of these species from The Bahamas was necessary to ensure consistency 
with the current Federal regulations that prohibit recreational bag 
limit sales of these species. The Council wanted to ensure that 
Amendments 7/33 and the accompanying rulemaking do not create an 
opportunity for these fish to be sold or purchased.

Required Documentation

    Amendments 7/33 would revise the documentation requirements for 
snapper-grouper species and implement documentation requirements for 
dolphin and wahoo lawfully harvested in Bahamian waters and in transit 
through the U.S. EEZ. For snapper-grouper lawfully harvested under the 
exemption, the current requirement is that valid Bahamian fishing and 
cruising permits are on the vessel. Amendments 7/33 would retain the 
current requirement that valid Bahamian fishing and cruising permits 
are onboard and additionally require that all vessel passengers have 
stamped and dated government passports. These documentation 
requirements would apply to individuals onboard a vessel in transit 
through the U.S. EEZ from Bahamian waters with dolphin, wahoo, or 
snapper-grouper fillets. Requiring vessel passengers to have a valid 
government passport with current stamps and dates from The Bahamas will 
increase the likelihood that the vessel was lawfully fishing in The 
Bahamas and that any dolphin, wahoo, or snapper-grouper fillets on the 
vessel were harvested in Bahamian waters and not in the U.S. EEZ.

Transit and Stowage Provisions

    Snapper-grouper vessels operating under the current exemption have 
specific transit requirements when in the South Atlantic EEZ as 
described in Sec.  622.186(b). These vessels are required to be in 
transit when they enter the South Atlantic EEZ with Bahamian snapper-
grouper onboard. A vessel is in transit through the South Atlantic EEZ 
when it is on ``a direct and continuous course through the South 
Atlantic EEZ and no one aboard the vessel fishes in the EEZ.'' 
Amendments 7/33 would revise the snapper-grouper transit provisions, 
also apply the transit provisions to vessels operating under the 
proposed exemption for dolphin and wahoo, and require fishing gear to 
be appropriately stowed on vessels transiting through the U.S. EEZ with 
fillets of these species. The proposed definition for ``fishing gear 
appropriately stowed'' would mean that ``terminal gear (i.e., hook, 
leader, sinker, flasher, or bait) used with an automatic reel, bandit 
gear, buoy gear, handline, or rod and reel must be disconnected and 
stowed separately from such fishing gear. Sinkers must be disconnected 
from the down rigger and stowed separately.'' The Council determined 
that specifying criteria for transit and fishing gear stowage for 
vessels returning from The Bahamas under the exemption would assist in 
the enforceability of the proposed regulations and increase consistency 
with the state of Florida's gear stowage regulations.
    A proposed rule that would implement measures outlined in 
Amendments 7/33 has been drafted. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating Amendment 7/33 and the proposed rule to 
determine whether it is consistent with the FMP, the Magnuson-Stevens 
Act, and other applicable law. If the determination is affirmative, 
NMFS will publish the proposed rule in the Federal Register for public 
review and comment.

Consideration of Public Comments

    The Council submitted Amendments 7/33 for Secretarial review, 
approval, and implementation on May 1, 2015.
    Comments received on or before November 16, 2015, will be 
considered by NMFS in the approval, partial approval, or disapproval 
decision regarding Amendments 7/33. Comments received after that date 
will not be considered by NMFS in this decision. All relevant comments 
received by NMFS on the amendment or the proposed rule during their 
respective comment periods will be addressed in the final rule.

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

    Dated: September 14, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23339 Filed 9-16-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Proposed Rules                                         55819

                                                procedural requirements for the                         Executive Order 12866 (58 FR 51735,                   DEPARTMENT OF COMMERCE
                                                Progress Report, a revision to the                      October 4, 1993);
                                                Regional Haze SIP in this case, are                        • does not impose an information                   National Oceanic and Atmospheric
                                                documented in Appendices C and D                        collection burden under the provisions                Administration
                                                attached to the Report.                                 of the Paperwork Reduction Act (44
                                                                                                        U.S.C. 3501 et seq.);                                 50 CFR Part 622
                                                J. Public Participation
                                                                                                           • is certified as not having a                     RIN 0648–BD76
                                                1. NDEP’s Public Process                                significant economic impact on a
                                                   NDEP provided a 30-day public                        substantial number of small entities                  Fisheries of the Caribbean, Gulf of
                                                comment period on the draft Progress                    under the Regulatory Flexibility Act (5               Mexico, and South Atlantic; Dolphin
                                                Report as well as an opportunity for a                  U.S.C. 601 et seq.);                                  and Wahoo Fishery Off the Atlantic
                                                public hearing. The public hearing,                        • does not contain any unfunded                    States and Snapper-Grouper Fishery of
                                                scheduled for October 15, 2014, was                     mandate or significantly or uniquely                  the South Atlantic Region;
                                                cancelled because no request for a                      affect small governments, as described                Amendments 7/33
                                                hearing was received. During the public                 in the Unfunded Mandates Reform Act
                                                comment period, NDEP received one set                   of 1995 (Pub. L. 104–4);                              AGENCY:  National Marine Fisheries
                                                of comments from the Sierra Club and                       • does not have Federalism                         Service (NMFS), National Oceanic and
                                                National Parks Conservation                             implications as specified in Executive                Atmospheric Administration (NOAA),
                                                Association in a letter dated October 16,               Order 13132 (64 FR 43255, August 10,                  Commerce.
                                                2014.52 These organizations questioned                  1999);                                                ACTION: Notice of availability; request
                                                whether NDEP’s analysis supports its                       • is not an economically significant               for comments.
                                                determination that progress in                          regulatory action based on health or
                                                                                                                                                              SUMMARY:   The South Atlantic Fishery
                                                implementing the Nevada Regional                        safety risks subject to Executive Order
                                                                                                                                                              Management Council (Council) has
                                                Haze Implementation Plan is adequate                    13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                              submitted Amendment 7 to the Fishery
                                                to achieve the 2018 RPGs for Jarbidge                      • is not a significant regulatory action
                                                and other Class I areas affected by                                                                           Management Plan (FMP) for the Dolphin
                                                                                                        subject to Executive Order 13211 (66 FR
                                                Nevada’s emissions. NDEP provided                                                                             and Wahoo Fishery off the Atlantic
                                                                                                        28355, May 22, 2001);
                                                                                                                                                              States (Dolphin and Wahoo FMP) and
                                                detailed responses to these comments in                    • is not subject to requirements of                Amendment 33 to the FMP for the
                                                Appendix D of the Progress Report.                      Section 12(d) of the National                         Snapper-Grouper Fishery of the South
                                                2. EPA’s Evaluation                                     Technology Transfer and Advancement                   Atlantic Region (Snapper-Grouper FMP)
                                                                                                        Act of 1995 (15 U.S.C. 272 note) because              (Amendments 7/33) for review,
                                                   EPA proposes to find that NDEP has                   it does not involve technical standards;
                                                fulfilled the requirements of CAA 110(a)                                                                      approval, and implementation by
                                                                                                        and                                                   NMFS. Amendments 7/33 propose
                                                and (l) and 40 CFR 51.102 regarding                        • does not provide EPA with the
                                                reasonable notice and public hearings.                                                                        actions to revise the landing fish intact
                                                                                                        discretionary authority to address, as                provisions for vessels that lawfully
                                                VI. EPA’s Proposed Action                               appropriate, disproportionate human                   harvest dolphin, wahoo, or snapper-
                                                  EPA is proposing to approve the                       health or environmental effects, using                grouper in or from Bahamian waters and
                                                Nevada Regional Haze Progress Report                    practicable and legally permissible                   return to the U.S exclusive economic
                                                submitted to EPA on November 18,                        methods, under Executive Order 12898                  zone (EEZ). The U.S. EEZ as described
                                                2014, as meeting the applicable                         (59 FR 7629, February 16, 1994).                      in this document refers to the Atlantic
                                                requirements of the CAA and RHR.                           In addition, this proposed action does             EEZ for dolphin and wahoo and the
                                                                                                        not apply on any Indian reservation                   South Atlantic EEZ for snapper-grouper.
                                                VII. Statutory and Executive Order                      land or in any other area where EPA or                The purpose of Amendments 7/33 is to
                                                Reviews                                                 an Indian tribe has demonstrated that a               improve the consistency and
                                                  Under the CAA, the Administrator is                   tribe has jurisdiction. In those areas of             enforceability of Federal regulations
                                                required to approve a SIP submission                    Indian country, the rule does not have                with regards to landing fish intact and
                                                that complies with the provisions of the                tribal implications and will not impose               to increase the social and economic
                                                Act and applicable Federal                              substantial direct costs on tribal                    benefits related to the recreational
                                                regulations.53 Thus, in reviewing SIP                   governments or preempt tribal law as                  harvest of these species.
                                                submissions, EPA’s role is to approve                   specified by Executive Order 13175 (65
                                                                                                                                                              DATES: Written comments must be
                                                state decisions, provided that they meet                FR 67249, November 9, 2000).
                                                                                                                                                              received on or before November 16,
                                                the criteria of the CAA. Accordingly,                   List of Subjects in 40 CFR Part 52                    2015.
                                                this proposed action is to approve state
                                                law as meeting Federal requirements,                      Environmental protection, Air                       ADDRESSES:   You may submit comments
                                                and does not impose additional                          pollution control, Incorporation by                   on Amendments 7/33 identified by
                                                requirements beyond those imposed by                    reference, Intergovernmental relations,               ‘‘NOAA–NMFS–2015–0047’’ by any of
                                                state law. For that reason, this proposed               Nitrogen oxides, Organic carbon,                      the following methods:
                                                action:                                                 Particulate matter, Reporting and                        • Electronic submissions: Submit
                                                  • Is not a ‘‘significant regulatory                   recordkeeping requirements, Sulfur                    electronic comments via the Federal e-
                                                action’’ subject to review by the Office                oxides, Visibility, Volatile organic                  Rulemaking Portal: http://
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                of Management and Budget under                          compounds.                                            www.regulations.gov. Go to
                                                                                                          Authority: 42 U.S.C. 7401 et seq.                   www.regulations.gov/
                                                  52 The letter to Adele Malone, NDEP, is signed by                                                           #!docketDetail;D=NOAA-NMFS-2015-
                                                                                                          Dated: September 1, 2015.
                                                David VonSeggern, Chair, Sierra Club Toiyabe                                                                  0047, click the ‘‘Comment Now!’’ icon,
                                                Chapter; Gloria Smith, Managing Attorney, Sierra        Jared Blumenfeld,                                     complete the required fields, and enter
                                                Club; and Lynn Davis, Senior Program Manager,           Regional Administrator, Region IX.
                                                Nevada Field Office, National Parks Conservation                                                              or attach your comments.
                                                Association.                                            [FR Doc. 2015–23272 Filed 9–16–15; 8:45 am]              • Mail: Submit written comments to
                                                  53 42 U.S.C. 7410(k); 40 CFR 52.02(a).                BILLING CODE 6560–50–P                                Nikhil Mehta, Southeast Regional


                                           VerDate Sep<11>2014   16:33 Sep 16, 2015   Jkt 235001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\17SEP1.SGM   17SEP1


                                                55820              Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Proposed Rules

                                                Office, NMFS, 263 13th Avenue South,                    be maintained with head and fins intact,              grouper regulations. This proposed
                                                St. Petersburg, FL 33701.                               provided valid Bahamian fishing and                   action would not be expected to
                                                   Instructions: Comments sent by any                   cruising permits are on board the vessel              substantially increase recreational
                                                other method, to any other address or                   and the vessel is in transit through the              fishing pressure or otherwise change
                                                individual, or received after the end of                South Atlantic EEZ. A vessel is in                    recreational fishing behavior, because
                                                the comment period, may not be                          transit through the South Atlantic EEZ                these species would not be exempt from
                                                considered by NMFS. All comments                        when it is on a direct and continuous                 U.S. recreational bag limits, fishing
                                                received are a part of the public record                course through the South Atlantic EEZ                 seasons, size limits, or other
                                                and will generally be posted for public                 and no one aboard the vessel fishes in                management measures in place in the
                                                viewing on www.regulations.gov                          the EEZ.                                              U.S. EEZ, including prohibited species
                                                without change. All personal identifying                   The Bahamas does not allow for the
                                                                                                        commercial harvest of dolphin, wahoo,                 (e.g., goliath grouper and Nassau
                                                information (e.g., name, address, etc.),
                                                                                                        or snapper-grouper species by U.S.                    grouper). Therefore, the Council and
                                                confidential business information, or
                                                                                                        vessels in Bahamian waters. Therefore,                NMFS anticipate that there are likely to
                                                otherwise sensitive information
                                                submitted voluntarily by the sender will                the measures proposed in Amendments                   be neither positive nor negative
                                                be publicly accessible. NMFS will                       7/33 only apply to the recreational                   additional biological effects to these
                                                accept anonymous comments (enter                        harvest of these species in The Bahamas               species.
                                                ‘‘N/A’’ in the required fields if you wish              and on a vessel returning from                           Snapper-grouper possessed in the
                                                to remain anonymous).                                   Bahamian water to the U.S. EEZ.                       South Atlantic EEZ are currently
                                                   Electronic copies of Amendments                      Actions Contained in Amendments 7/33                  exempt from the landing fish intact
                                                7/33, which includes an environmental                                                                         requirement if the vessel lawfully
                                                assessment, a Regulatory Flexibility Act                  Amendments 7/33 would revise the
                                                                                                                                                              harvests snapper-grouper in The
                                                analysis, and a regulatory impact                       landing fish intact provisions for vessels
                                                                                                        that lawfully harvest dolphin, wahoo,                 Bahamas. This action would retain this
                                                review, may be obtained from the                                                                              exemption for snapper-grouper species
                                                Southeast Regional Office Web site at                   and snapper-grouper in Bahamian
                                                                                                        waters and return to the U.S. EEZ.                    and revise it to include additional
                                                http://sero.nmfs.noaa.gov/sustainable_                                                                        requirements.
                                                fisheries/s_atl/generic/2015/dw7_sg33/                  Amendments 7/33 would allow for
                                                index.html.                                             dolphin and wahoo fillets to enter the                Condition of Fillets
                                                                                                        U.S. EEZ after lawful harvest in
                                                FOR FURTHER INFORMATION CONTACT:                        Bahamian waters; specify the condition                  To better allow for identification of
                                                Nikhil Mehta, Southeast Regional                        of any dolphin, wahoo, and snapper-                   the species of any fillets in the U.S. EEZ,
                                                Office, telephone: 727–824–5305, or                     grouper fillets; describe how the                     Amendments 7/33 would require that
                                                email: nikhil.mehta@noaa.gov.                           recreational bag limit would be                       the skin be left intact on the entire fillet
                                                SUPPLEMENTARY INFORMATION: The                          determined for any fillets; explicitly                of any dolphin, wahoo, or snapper-
                                                dolphin and wahoo fishery is managed                    prohibit the sale or purchase of any                  grouper carcass (fillet) transported from
                                                under the Dolphin and Wahoo FMP and                     dolphin, wahoo, or snapper-grouper                    Bahamian waters through the U.S. EEZ.
                                                the snapper-grouper fishery is managed                  recreationally harvested in Bahamian                  This requirement will assist law
                                                under the Snapper-Grouper FMP. The                      waters; specify the required
                                                                                                                                                              enforcement in identifying fillets to
                                                FMPs were prepared by the Council and                   documentation to be onboard any
                                                                                                                                                              determine whether they are only of the
                                                are implemented through regulations at                  vessels that have these fillets, and
                                                50 CFR part 622 under the authority of                  specify transit and stowage provisions                species to be exempted by Amendments
                                                the Magnuson-Stevens Fishery                            for any vessels with these fillets.                   7/33.
                                                Conservation and Management Act                                                                               Recreational Bag Limits
                                                                                                        Landing Fish Intact
                                                (Magnuson-Stevens Act). The
                                                Magnuson-Stevens Act also requires                         Currently, all dolphin and wahoo in                   Currently, all dolphin, wahoo, and
                                                that NMFS, upon receiving a plan or                     or from the Atlantic EEZ are required to              snapper-grouper harvested or possessed
                                                amendment, publish an announcement                      be maintained with head and fins intact.              in or from the EEZ must adhere to the
                                                in the Federal Register notifying the                   These fish may be eviscerated, gilled,                U.S. bag and possession limits.
                                                public that the plan or amendment is                    and scaled, but must otherwise be                     Amendments 7/33 would not revise
                                                available for review and comment.                       maintained in a whole condition.                      those bag and possession limits, but
                                                                                                        Amendments 7/33 would allow for                       would specify how fillets are counted
                                                Background                                              dolphin and wahoo lawfully harvested                  with respect to determining the number
                                                  Current Federal regulations require                   in Bahamian waters to be exempt from                  of fish onboard a vessel in transit from
                                                that dolphin or wahoo or snapper-                       this provision when returning to the
                                                                                                                                                              Bahamian waters through the U.S. EEZ
                                                grouper species harvested in or from the                Atlantic EEZ. Dolphin or wahoo
                                                                                                                                                              and ensuring compliance with U.S. bag
                                                U.S. EEZ must be maintained with the                    lawfully harvested in or from Bahamian
                                                                                                                                                              and possession limits. Amendments 7/
                                                heads and fins intact and not be in fillet              waters would be able to be stored on ice
                                                form. However, as implemented through                   more effectively for transit through the              33 would specify that for any dolphin,
                                                Amendment 8 to the Snapper-Grouper                      U.S. EEZ in fillet form, given the coolers            wahoo, or snapper-grouper species
                                                FMP, an exception applies to snapper-                   generally used on recreational vessels.               lawfully harvested in Bahamian waters
                                                grouper species that are lawfully                       Allowing fishers on these vessels to be               and onboard a vessel in the U.S. EEZ in
                                                                                                                                                              fillet form, two fillets of the respective
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                                                harvested in Bahamian waters and are                    exempt from the landing fish intact
                                                onboard a vessel returning to the U.S.                  regulations would increase the social                 species of fish, regardless of the length
                                                through the EEZ (63 FR 38298, July 16,                  and economic benefits for recreational                of each fillet, is equivalent to one fish.
                                                1998). Amendment 8 to the Snapper-                      fishers returning to the U.S. EEZ from                This measure is intended to assist law
                                                Grouper FMP allows that in the South                    Bahamian waters. This proposed                        enforcement by helping ensure
                                                Atlantic EEZ, snapper-grouper lawfully                  exemption would also allow for                        compliance with the relevant U.S. bag
                                                harvested in Bahamian waters are                        increased consistency between the                     and possession limits.
                                                exempt from the requirement that they                   dolphin and wahoo and snapper-


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                                                                   Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Proposed Rules                                         55821

                                                Sale and Purchase Restrictions of                       revise the snapper-grouper transit                    DEPARTMENT OF COMMERCE
                                                Recreationally Harvested Dolphin,                       provisions, also apply the transit
                                                Wahoo or Snapper-Grouper                                provisions to vessels operating under                 National Oceanic and Atmospheric
                                                                                                        the proposed exemption for dolphin and                Administration
                                                   Amendments 7/33 would explicitly
                                                prohibit the sale or purchase of any                    wahoo, and require fishing gear to be
                                                                                                        appropriately stowed on vessels                       50 CFR Part 622
                                                dolphin, wahoo, and snapper-grouper
                                                recreationally harvested in The                         transiting through the U.S. EEZ with                  [Docket No. 150817720–5720–01]
                                                Bahamas and transported through the                     fillets of these species. The proposed
                                                                                                                                                              RIN 0648–BF21
                                                U.S. EEZ. The Council determined that                   definition for ‘‘fishing gear
                                                establishing a specific prohibition to the              appropriately stowed’’ would mean that                Fisheries of the Caribbean, Gulf of
                                                sale or purchase of any of these species                ‘‘terminal gear (i.e., hook, leader, sinker,          Mexico, and South Atlantic; Reef Fish
                                                from The Bahamas was necessary to                       flasher, or bait) used with an automatic              Fishery of the Gulf of Mexico; Greater
                                                ensure consistency with the current                     reel, bandit gear, buoy gear, handline, or            Amberjack Management Measures
                                                Federal regulations that prohibit                       rod and reel must be disconnected and
                                                recreational bag limit sales of these                   stowed separately from such fishing                   AGENCY:  National Marine Fisheries
                                                species. The Council wanted to ensure                                                                         Service (NMFS), National Oceanic and
                                                                                                        gear. Sinkers must be disconnected from
                                                that Amendments 7/33 and the                                                                                  Atmospheric Administration (NOAA),
                                                                                                        the down rigger and stowed separately.’’
                                                accompanying rulemaking do not create                                                                         Commerce.
                                                                                                        The Council determined that specifying
                                                an opportunity for these fish to be sold                                                                      ACTION: Proposed rule; request for
                                                                                                        criteria for transit and fishing gear
                                                or purchased.                                                                                                 comments.
                                                                                                        stowage for vessels returning from The
                                                Required Documentation                                  Bahamas under the exemption would                     SUMMARY:    NMFS proposes to implement
                                                                                                        assist in the enforceability of the                   management measures described in a
                                                   Amendments 7/33 would revise the
                                                documentation requirements for                          proposed regulations and increase                     framework action to the Fishery
                                                snapper-grouper species and implement                   consistency with the state of Florida’s               Management Plan for the Reef Fish
                                                documentation requirements for                          gear stowage regulations.                             Resources of the Gulf of Mexico (FMP),
                                                dolphin and wahoo lawfully harvested                       A proposed rule that would                         as prepared by the Gulf of Mexico
                                                in Bahamian waters and in transit                       implement measures outlined in                        Fishery Management Council (Council).
                                                through the U.S. EEZ. For snapper-                      Amendments 7/33 has been drafted. In                  If implemented, this action would revise
                                                grouper lawfully harvested under the                    accordance with the Magnuson-Stevens                  the commercial and recreational annual
                                                exemption, the current requirement is                                                                         catch limits (ACLs) and annual catch
                                                                                                        Act, NMFS is evaluating Amendment 7/
                                                that valid Bahamian fishing and                                                                               targets (ACTs), the commercial trip
                                                                                                        33 and the proposed rule to determine
                                                cruising permits are on the vessel.                                                                           limit, and the recreational minimum
                                                                                                        whether it is consistent with the FMP,
                                                Amendments 7/33 would retain the                                                                              size limit for greater amberjack in the
                                                                                                        the Magnuson-Stevens Act, and other                   Gulf of Mexico (Gulf) exclusive
                                                current requirement that valid                          applicable law. If the determination is
                                                Bahamian fishing and cruising permits                                                                         economic zone. Additionally, this rule
                                                                                                        affirmative, NMFS will publish the                    would correct an error in the Gulf gray
                                                are onboard and additionally require                    proposed rule in the Federal Register
                                                that all vessel passengers have stamped                                                                       triggerfish recreational accountability
                                                                                                        for public review and comment.                        measures (AMs). The purpose of this
                                                and dated government passports. These
                                                documentation requirements would                        Consideration of Public Comments                      rule is to modify Gulf greater amberjack
                                                apply to individuals onboard a vessel in                                                                      management measures to end
                                                transit through the U.S. EEZ from                         The Council submitted Amendments                    overfishing and achieve optimal yield
                                                Bahamian waters with dolphin, wahoo,                    7/33 for Secretarial review, approval,                for the greater amberjack resource.
                                                or snapper-grouper fillets. Requiring                   and implementation on May 1, 2015.                    DATES: Written comments must be
                                                vessel passengers to have a valid                         Comments received on or before                      received on or before October 19, 2015.
                                                government passport with current                        November 16, 2015, will be considered                 ADDRESSES: You may submit comments
                                                stamps and dates from The Bahamas                       by NMFS in the approval, partial                      on the proposed rule, identified by
                                                will increase the likelihood that the                   approval, or disapproval decision                     ‘‘NOAA–NMFS–2015–0094’’ by any of
                                                vessel was lawfully fishing in The                      regarding Amendments 7/33. Comments                   the following methods:
                                                Bahamas and that any dolphin, wahoo,                    received after that date will not be                     • Electronic Submission: Submit all
                                                or snapper-grouper fillets on the vessel                considered by NMFS in this decision.                  electronic public comments via the
                                                were harvested in Bahamian waters and                   All relevant comments received by                     Federal e-Rulemaking Portal. Go to
                                                not in the U.S. EEZ.                                                                                          www.regulations.gov/
                                                                                                        NMFS on the amendment or the
                                                                                                                                                              #!docketDetail;D=NOAA-NMFS-2015-
                                                Transit and Stowage Provisions                          proposed rule during their respective
                                                                                                                                                              0094, click the ‘‘Comment Now!’’ icon,
                                                   Snapper-grouper vessels operating                    comment periods will be addressed in                  complete the required fields, and enter
                                                under the current exemption have                        the final rule.                                       or attach your comments.
                                                specific transit requirements when in                     Authority: 16 U.S.C. 1801 et seq.                      • Mail: Submit written comments to
                                                the South Atlantic EEZ as described in                    Dated: September 14, 2015.                          Richard Malinowski, Southeast Regional
                                                § 622.186(b). These vessels are required                                                                      Office, NMFS, 263 13th Avenue South,
                                                                                                        Alan D. Risenhoover,
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                                                to be in transit when they enter the                                                                          St. Petersburg, FL 33701.
                                                South Atlantic EEZ with Bahamian                        Director, Office of Sustainable Fisheries,               Instructions: Comments sent by any
                                                snapper-grouper onboard. A vessel is in                 National Marine Fisheries Service.                    other method, to any other address or
                                                transit through the South Atlantic EEZ                  [FR Doc. 2015–23339 Filed 9–16–15; 8:45 am]           individual, or received after the end of
                                                when it is on ‘‘a direct and continuous                 BILLING CODE 3510–22–P                                the comment period, may not be
                                                course through the South Atlantic EEZ                                                                         considered by NMFS. All comments
                                                and no one aboard the vessel fishes in                                                                        received are a part of the public record
                                                the EEZ.’’ Amendments 7/33 would                                                                              and will generally be posted for public


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Document Created: 2015-12-15 09:34:15
Document Modified: 2015-12-15 09:34:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability; request for comments.
DatesWritten comments must be received on or before November 16, 2015.
ContactNikhil Mehta, Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation80 FR 55819 
RIN Number0648-BD76

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