81_FR_71671 81 FR 71471 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management Measures

81 FR 71471 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 200 (October 17, 2016)

Page Range71471-71474
FR Document2016-24998

NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). If implemented, this proposed rule would revise the yellowtail snapper commercial and recreational fishing year and remove the requirement to use circle hooks for the commercial harvest of yellowtail snapper in the Gulf exclusive economic zone (EEZ) south of Cape Sable, Florida. The purpose of this proposed rule is to increase the operational efficiency of the yellowtail snapper component of the commercial reef fish fishery, achieve optimum yield, and decrease the regulatory burden of compliance with differing regulations established by separate regulatory agencies across the adjacent Gulf and South Atlantic jurisdictions.

Federal Register, Volume 81 Issue 200 (Monday, October 17, 2016)
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Proposed Rules]
[Pages 71471-71474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24998]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160510416-6416-01]
RIN 0648-BG06


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management 
Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico (Gulf) Fishery Management Council (Gulf Council). If 
implemented, this proposed rule would revise the yellowtail snapper 
commercial and recreational fishing year and remove the requirement to 
use circle hooks for the commercial harvest of yellowtail snapper in 
the Gulf exclusive economic zone (EEZ) south of Cape Sable, Florida. 
The purpose of this

[[Page 71472]]

proposed rule is to increase the operational efficiency of the 
yellowtail snapper component of the commercial reef fish fishery, 
achieve optimum yield, and decrease the regulatory burden of compliance 
with differing regulations established by separate regulatory agencies 
across the adjacent Gulf and South Atlantic jurisdictions.

DATES: Written comments must be received by November 16, 2016.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0058'' by either of the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal Rulemaking Portal. Go to www.regulations.gov, click the 
``Comment Now!'' icon, complete the required fields, and enter your 
attached comments.
     Mail: Submit all written comments to Cynthia Meyer, NMFS 
Southeast Regional Office (SERO), 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 required fields if you wish to remain 
anonymous).
    Electronic copies of the framework action, which includes an 
environmental assessment, Regulatory Flexibility Act (RFA) analysis, 
and a regulatory impact review, may be obtained from 
www.regulations.gov or the SERO Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, NMFS SERO, telephone: 
727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes 
yellowtail snapper and is managed under the FMP. The FMP was prepared 
by the Gulf Council and is implemented by NMFS through regulations at 
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, while also 
protecting marine ecosystems. To further attain this goal, the 
Magnuson-Stevens Act requires fishery managers to minimize bycatch and 
bycatch mortality to the extent practicable.
    In the southeastern United States, yellowtail snapper are harvested 
by both commercial and recreational fishermen, with landings coming 
almost exclusively from waters adjacent to Florida. Yellowtail snapper 
are managed separately in the Gulf and South Atlantic but are a single 
genetic stock. The 2012 Southeast Data, Assessment, and Review (SEDAR 
27) combined the two areas for stock assessment purposes and indicated 
that yellowtail snapper in the Gulf and South Atlantic were not 
overfished and not experiencing overfishing as of 2010, the last year 
of data used in SEDAR 27. Yellowtail snapper has one overfishing limit, 
and its acceptable biological catch (ABC) is further subdivided into 
two regional ABCs for management purposes. The South Atlantic is 
allocated 75 percent of the stock yellowtail snapper ABC, and the Gulf 
is allocated 25 percent of the stock ABC. The annual catch limits 
(ACLs) are equal to the ABCs. The ACL for South Atlantic yellowtail 
snapper is further divided between the commercial and recreational 
sectors, but the ACL for yellowtail snapper in the Gulf is not divided 
between sectors. On average, about 97 percent of yellowtail snapper 
landings in the Gulf occur from commercial harvest.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the fishing year for Gulf 
yellowtail snapper and the gear requirements for the yellowtail snapper 
commercial sector.

Yellowtail Snapper Fishing Year

    Previously, the fishing year for both the commercial and 
recreational sectors for yellowtail snapper in the Gulf and the South 
Atlantic was January 1 through December 31. The South Atlantic Council 
recently changed the yellowtail snapper fishing year in the South 
Atlantic to begin on August 1, and end on July 31, for both the 
commercial and recreational sectors (81 FR 45245, July 13, 2016). The 
South Atlantic Council made this change to align any ACL closure that 
may be required more closely with the yellowtail snapper peak spawning 
period. This proposed rule would similarly revise the fishing year for 
Gulf yellowtail snapper for both the commercial and recreational 
sectors to be August 1 through July 31 each year. Although the harvest 
of yellowtail snapper in the Gulf has not exceeded the stock ACL since 
ACLs were implemented in 2011 (76 FR 82044, December 29, 2011), this 
proposed change would similarly more closely align any required ACL 
closure in the Gulf with the peak spawning season. In addition, having 
the same fishing year for both the Gulf and South Atlantic would 
benefit some commercial fishermen that harvest yellowtail snapper in 
both regions by decreasing the compliance burden of different 
regulations for the same species in adjacent management areas.

Yellowtail Snapper Gear Requirements

    In the Gulf, a person harvesting reef fish, including yellowtail 
snapper, is required to use non-stainless steel circle hooks when 
fishing with natural bait (50 CFR 622.30(a)). This measure was put in 
place to reduce the post-release mortality of Gulf reef fish. This 
proposed rule would revise this requirement to also allow the use of 
other non-stainless steel hook types, such as J-hooks, when commercial 
fishing with natural bait for yellowtail snapper in the area south of a 
line extending due west from 25[deg]09' N. lat. off the west coast of 
Monroe County, Florida, to the Gulf and South Atlantic Councils' 
boundary. The northern boundary of the area for this proposed gear 
exemption coincides with a management boundary already used by the 
Florida Fish and Wildlife Conservation Commission.
    Landings of yellowtail snapper in the Gulf come almost exclusively 
from waters adjacent to Florida, with over 97 percent of these 
landings, on average, by the commercial sector. The Gulf Council 
determined that allowing other hook types for the commercial harvest of 
yellowtail snapper in Federal waters off south Florida was appropriate 
because of the specific fishing method used only by commercial 
fishermen that allow for quicker de-hooking when the fish are caught 
using J-hooks. These fishermen attract the fish to the surface using 
chum and then use small hooks with natural bait and cane poles (rods 
with approximately 15 ft (4.6 m) of

[[Page 71473]]

monofilament fishing line tied to the tip of the rod) or spinning reels 
to catch yellowtail snapper. The landed fish are then quickly de-hooked 
by pulling the fishing line across a horizontal bar, on which the hook 
catches, dropping the fish into a hold with ice. Allowing the use of J-
hooks is expected to result in less handling of undersized fish that 
need to be discarded, thereby increasing efficiency and potentially 
decreasing post-release mortality. This change will also make the gear 
requirements for the commercial harvest of yellowtail snapper 
consistent between the Gulf and South Atlantic. In the South Atlantic, 
snapper-grouper Federal permit holders are not required to use circle 
hooks when fishing for any species within the snapper-grouper complex, 
south of 28[deg]00' N. lat.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the framework amendment, the FMP, the Magnuson-Stevens 
Act, and other applicable laws, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to the Regulatory Flexibility Act, the Chief Counsel for 
Regulation of the Department of Commerce certified to the Chief Counsel 
for Advocacy of the Small Business Administration (SBA) that this 
proposed rule, if implemented, would not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this determination is as follows:
    The purposes of this proposed rule are to eliminate certain 
inconsistencies between the regulations established by the Gulf and 
South Atlantic Councils for the harvest of yellowtail snapper in Gulf 
waters, to increase the operational efficiency of the yellowtail 
snapper component of the commercial reef fish fishery, achieve optimum 
yield, and decrease the regulatory burden of compliance with differing 
regulations established by separate regulatory agencies across the 
adjacent Gulf and South Atlantic jurisdictions. The Magnuson-Stevens 
Act provides the statutory basis for this proposed rule.
    This proposed rule, if implemented, would remove the requirement to 
use circle hooks when commercial fishing with natural bait for 
yellowtail snapper and allow the use of other non-stainless steel hook 
types with natural baits in an area south of 25[deg]09' N. lat. off the 
west coast of Monroe County, Florida (Cape Sable) to the Gulf and South 
Atlantic Councils' jurisdictional boundary. In addition, this proposed 
rule would change the yellowtail snapper fishing year for the 
commercial and recreational sectors from January 1 through December 31 
to August 1 through July 31.
    As a result, this proposed rule would be expected to directly 
affect federally permitted commercial vessels that harvest yellowtail 
snapper in the Gulf. Over the period 2010-2014, based on Federal 
logbook data that include harvests from state waters, an average of 132 
vessels per year recorded commercial yellowtail snapper harvests 
anywhere in the Gulf and an average of 70 vessels per year recorded 
commercial yellowtail snapper harvests in the Gulf waters off Monroe 
County (state and Federal waters). The maximum number of vessels with 
recorded commercial yellowtail snapper harvests during this period 
within both groups of vessels was 163 (all vessels Gulf-wide; 2014) and 
73 (Monroe County area; 2010 and 2014), respectively. The proposed 
removal of the circle hook requirement would only be expected to 
directly affect federally permitted vessels that fish in the Monroe 
County area, whereas the proposed change in the fishing year could 
affect all commercial vessels that harvest yellowtail snapper in the 
Gulf. As a result, this proposed rule would be expected to apply to 70-
163 commercial fishing vessels. The average annual gross revenue (2014 
dollars) from all species harvested on all trips by the vessels 
identified with recorded yellowtail snapper harvests in logbook data 
over the period 2010-2014 within both groups of vessels was 
approximately $107,000 (all vessels Gulf-wide) and approximately 
$41,000 (Monroe County area).
    No small entities associated with the recreational sector would be 
expected to be directly affected by the proposed change to the 
yellowtail snapper fishing year. Only recreational anglers are allowed 
to recreationally harvest yellowtail snapper in Gulf Federal waters and 
may be directly affected in changes to the fishing year. However, 
recreational anglers are not small entities under the RFA. Although 
for-hire businesses (charter vessels and headboats) operate in the 
recreational sector, these businesses only sell fishing services to 
recreational anglers and do not have harvest rights to the yellowtail 
snapper. For-hire vessels provide a platform for the opportunity to 
fish and not a guarantee to catch or harvest any species, though 
expectations of successful fishing, however defined, likely factor into 
the decision by anglers to purchase these services. Because the 
proposed change in the yellowtail snapper fishing year would not 
directly alter the basic service sold by for-hire vessels, this 
proposed action would not directly apply to or regulate their 
operations. Any change in vessel business would be a result of changes 
in angler demand for these fishing services that occurs as a result of 
the behavioral decision by anglers, i.e., to fish or not, as influenced 
by the fishing year. Therefore, any effects on the associated for-hire 
vessels would be one step removed from the anglers' decision and an 
indirect effect of the proposed action. Because the effects on for-hire 
vessels would be indirect, they fall outside the scope of the RFA.
    NMFS has not identified any other small entities that would be 
expected to be directly affected by this proposed rule.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. All commercial fishing vessels 
expected to be directly affected by this proposed rule are believed to 
be small business entities.
    The proposed removal of the requirement to use circle hooks when 
commercial fishing with natural bait for yellowtail snapper south of 
25[deg]09' N. lat. off the west coast of Monroe County, Florida (Cape 
Sable) to the Gulf and South Atlantic Councils' jurisdictional boundary 
would be expected to afford more flexibility and improve the 
operational efficiency of commercial fishing vessels that harvest 
yellowtail snapper in this area. For example, J-hooks are more 
effective in the commercial harvest of yellowtail snapper, allow for 
quicker de-hooking and less handling of undersized fish that need to be 
discarded, and result in decreased post-release mortality. Using J-
hooks with natural bait is also an allowable gear for the commercial 
harvest of yellowtail snapper in Federal waters off south Florida under 
the management jurisdiction of the South Atlantic Council. In south 
Florida, many fishermen fish in the jurisdiction of both Councils and 
allowing the use of a common hook type for yellowtail snapper would be 
expected to increase their operational efficiency and reduce gear 
expenses. Removal of the circle

[[Page 71474]]

hook requirement would also be expected to allow fishermen to choose 
the hook that is more effective for their fishing circumstances, which 
would be expected to increase their harvest of yellowtail snapper, as 
well as associated revenue and profit. Thus, this proposed action would 
be expected to result in increased economic benefits to any affected 
small entities.
    Because some commercial fishing vessels often operate in both state 
and Federal waters, as well as in both the Gulf and South Atlantic, the 
proposed change in the fishing year would be expected to result in 
positive economic benefits associated with improved consistency of the 
yellowtail snapper fishing seasons in all of these areas. Consistent 
seasons, and other regulations, allow fishermen greater flexibility in 
choosing where and when to fish in general and for specific species. 
When fishing for yellowtail snapper, consistent seasons would allow 
fishermen to operate in areas that are most productive and without 
concern about which regulatory jurisdiction applies. Overall, the 
increased operational flexibility would be expected to result in 
increased profit to the directly affected small businesses. These 
economic benefits may be small, however, and limited to those benefits 
associated with operational flexibility.
    Based on the discussion above, NMFS determines that this proposed 
rule, if implemented, would result in an increase in revenue and 
associated profits and would not have a significant adverse economic 
effect on a substantial number of small entities. As a result, an 
initial regulatory flexibility analysis is not required.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, South Atlantic, Yellowtail 
snapper.

    Dated: October 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec.  622.7, add paragraph (g) to read as follows:


Sec.  622.7  Fishing years.

* * * * *
    (g) Gulf of Mexico yellowtail snapper--August 1 through July 31.
0
3. In Sec.  622.30, revise paragraph (a) to read as follows:


Sec.  622.30  Required fishing gear.

* * * * *
    (a) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required when fishing with natural baits, except that other 
non-stainless steel hook types may be used when commercial fishing for 
yellowtail snapper with natural baits in an area south of a line 
extending due west from 25[deg]09' N. lat. off the west coast of Monroe 
County, Florida, to the Gulf of Mexico and South Atlantic intercouncil 
boundary, specified in Sec.  600.105(c).
* * * * *
[FR Doc. 2016-24998 Filed 10-14-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                             Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules                                                                                71471

                                                     TABLE 3—ESA FOREIGN SPECIES LISTING ACTIONS PUBLISHED SINCE THE PREVIOUS ANOR WAS PUBLISHED ON APRIL
                                                                                              25, 2013—Continued
                                                     Publication date                                     Species                                                                   Action                                            FR pages

                                                    10/7/2014 ..........    Straight-horned markhor .......................................             Final rule: Threatened with special rule ...............            79 FR 60365–60379
                                                    10/29/2014 ........     African lion ............................................................   Proposed rule: Threatened with special rule ........                79 FR 64472–64502
                                                    4/10/2015 ..........    Egyptian tortoise, golden conure, and long-tailed                           90-day findings; initiation of status reviews ..........            80 FR 19259–19263
                                                                              chinchilla.
                                                    6/16/2015 ..........    Chimpanzee ..........................................................       Final rule; endangered ..........................................   80   FR   34500–34525
                                                    7/29/2015 ..........    Honduran emerald hummingbird ..........................                     Final rule; endangered ..........................................   80   FR   45086–45097
                                                    10/2/2015 ..........    Great green and military macaw ..........................                   Final rule; endangered ..........................................   80   FR   59976–60021
                                                    12/23/2015 ........     Lion—Panthera leo leo .........................................             Final rule; endangered ..........................................   80   FR   80000–80056
                                                    12/23/2015 ........     Lion—Panthera leo melanochaita .........................                    Final rule; threatened with special rule .................          80   FR   80000–80056
                                                    1/21/2016 ..........    Scarlet-chested parakeet and turquoise parakeet                             Reopening of the public comment period .............                81   FR   3373–3374
                                                    3/16/2016 ..........    African elephant, Chinese pangolin, giant ground                            90-day findings; initiation of status reviews ..........            81   FR   14058–14072
                                                                              pangolin, Indian pangolin, long-tailed pangolin,
                                                                              Philippine pangolin, Sunda pangolin, tree pan-
                                                                              golin.
                                                    4/7/2016 ............   Scarlet macaw ......................................................        Revised proposed listing rule ...............................       81 FR 20302–20316



                                                       Our expeditious progress also                                    and comments on the annual findings                                 of 1973, as amended (16 U.S.C. 1531 et
                                                    includes work on pending listing                                    can be submitted at any time. We review                             seq.).
                                                    actions described above in our                                      all new information received through                                 Dated: September 29, 2016.
                                                    ‘‘precluded finding,’’ but for which                                this process as well as any other new                              Stephen Guertin,
                                                    decisions had not been completed at the                             information we obtain using a variety of
                                                                                                                                                                                           Acting Director, U.S. Fish and Wildlife
                                                    time of this publication. After taking                              methods. We collect information                                    Service.
                                                    into consideration the limited resources                            directly from range countries by
                                                                                                                                                                                           [FR Doc. 2016–24931 Filed 10–14–16; 8:45 am]
                                                    available for listing foreign species, the                          correspondence, from peer-reviewed
                                                                                                                                                                                           BILLING CODE 4333–15–P
                                                    competing demands for those funds,                                  scientific literature, unpublished
                                                    and the completed work catalogued in                                literature, scientific meeting
                                                    the tables above, we find that we are                               proceedings, and CITES documents
                                                    making expeditious progress to add                                  (including species proposals and reports                           DEPARTMENT OF COMMERCE
                                                    qualified species to the Lists in FY 2016.                          from scientific committees). We also
                                                       We have endeavored to make our                                                                                                      National Oceanic and Atmospheric
                                                                                                                        obtain information through the permit-
                                                    listing actions as efficient and timely as                                                                                             Administration
                                                                                                                        application processes under CITES, the
                                                    possible, given the requirements of the                             Act, and the Wild Bird Conservation Act
                                                    relevant law and regulations, and                                                                                                      50 CFR Part 622
                                                                                                                        (16 U.S.C. 4901 et seq.). We also consult
                                                    constraints relating to workload and                                with the IUCN species specialist groups                            [Docket No. 160510416–6416–01]
                                                    personnel. We are continually                                       and staff members of the U.S. CITES
                                                    considering ways to streamline                                                                                                         RIN 0648–BG06
                                                                                                                        Scientific and Management Authorities,
                                                    processes or achieve economies of scale,                            and the Division of International                                  Fisheries of the Caribbean, Gulf of
                                                    such as by publishing related actions                               Conservation; and we attend scientific                             Mexico, and South Atlantic; Reef Fish
                                                    together.                                                           meetings, when possible, to obtain                                 Fishery of the Gulf of Mexico;
                                                    Monitoring                                                          current status information for relevant                            Yellowtail Snapper Management
                                                                                                                        species. As previously stated, if we                               Measures
                                                       Section 4(b)(3)(C)(iii) of the Act                               identify any species for which
                                                    requires us to ‘‘implement a system to                              emergency listing is appropriate, we                               AGENCY:  National Marine Fisheries
                                                    monitor effectively the status of all                               will make prompt use of the emergency                              Service (NMFS), National Oceanic and
                                                    species’’ for which we have made a                                  listing authority under section 4(b)(7) of                         Atmospheric Administration (NOAA),
                                                    warranted-but-precluded 12-month                                    the Act.                                                           Commerce.
                                                    finding, and to ‘‘make prompt use of the                                                                                               ACTION: Proposed rule; request for
                                                    [emergency listing] authority [under                                References Cited                                                   comments.
                                                    section 4(b)(7)] to prevent a significant                             A list of the references used to
                                                    risk to the well-being of any such                                  develop this CNOR–FS is available at                               SUMMARY:    NMFS proposes to implement
                                                    species.’’ For foreign species, the                                 http://www.regulations.gov at Docket                                management measures described in a
                                                    Service’s ability to gather information to                          No. FWS–HQ–ES–2016–0072.                                            framework action to the Fishery
                                                    monitor species is limited. The Service                                                                                                 Management Plan for the Reef Fish
                                                    welcomes all information relevant to the                            Authors                                                             Resources of the Gulf of Mexico (FMP),
                                                    status of these species, because we have                              This Candidate Notice of Review of                                as prepared by the Gulf of Mexico (Gulf)
                                                    no ability to gather data in foreign                                Foreign Species was primarily authored                              Fishery Management Council (Gulf
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    countries directly and cannot compel                                by staff of the Branch of Foreign Species                           Council). If implemented, this proposed
                                                    another country to provide information.                             and Jesse D’Elia, Ecological Services                               rule would revise the yellowtail snapper
                                                    Thus, this CNOR–FS plays a critical role                            Program, U.S. Fish and Wildlife Service.                            commercial and recreational fishing
                                                    in our monitoring efforts for foreign                                                                                                   year and remove the requirement to use
                                                    species.                                                            Authority                                                           circle hooks for the commercial harvest
                                                       With each CNOR–FS, we request                                      This Candidate Notice of Review of                                of yellowtail snapper in the Gulf
                                                    information on the status of the species                            Foreign Species is published under the                              exclusive economic zone (EEZ) south of
                                                    included in the CNOR–FS. Information                                authority of the Endangered Species Act                             Cape Sable, Florida. The purpose of this


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                                                    71472                  Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules

                                                    proposed rule is to increase the                        Background                                            and end on July 31, for both the
                                                    operational efficiency of the yellowtail                   The Magnuson-Stevens Act requires                  commercial and recreational sectors (81
                                                    snapper component of the commercial                     NMFS and regional fishery management                  FR 45245, July 13, 2016). The South
                                                    reef fish fishery, achieve optimum yield,               councils to prevent overfishing and                   Atlantic Council made this change to
                                                    and decrease the regulatory burden of                   achieve on a continuing basis, the                    align any ACL closure that may be
                                                    compliance with differing regulations                                                                         required more closely with the
                                                                                                            optimum yield from federally managed
                                                    established by separate regulatory                                                                            yellowtail snapper peak spawning
                                                                                                            fish stocks. These mandates are
                                                    agencies across the adjacent Gulf and                                                                         period. This proposed rule would
                                                                                                            intended to ensure that fishery
                                                    South Atlantic jurisdictions.                                                                                 similarly revise the fishing year for Gulf
                                                                                                            resources are managed for the greatest
                                                                                                                                                                  yellowtail snapper for both the
                                                    DATES: Written comments must be                         overall benefit to the nation, particularly
                                                                                                                                                                  commercial and recreational sectors to
                                                    received by November 16, 2016.                          with respect to providing food
                                                                                                                                                                  be August 1 through July 31 each year.
                                                                                                            production and recreational
                                                    ADDRESSES:   You may submit comments                                                                          Although the harvest of yellowtail
                                                                                                            opportunities, while also protecting
                                                    on the proposed rule, identified by                                                                           snapper in the Gulf has not exceeded
                                                                                                            marine ecosystems. To further attain
                                                    ‘‘NOAA–NMFS–2016–0058’’ by either                                                                             the stock ACL since ACLs were
                                                                                                            this goal, the Magnuson-Stevens Act                   implemented in 2011 (76 FR 82044,
                                                    of the following methods:
                                                                                                            requires fishery managers to minimize                 December 29, 2011), this proposed
                                                       • Electronic Submission: Submit all                  bycatch and bycatch mortality to the
                                                    electronic comments via the Federal                                                                           change would similarly more closely
                                                                                                            extent practicable.                                   align any required ACL closure in the
                                                    Rulemaking Portal. Go to                                   In the southeastern United States,
                                                    www.regulations.gov, click the                                                                                Gulf with the peak spawning season. In
                                                                                                            yellowtail snapper are harvested by both              addition, having the same fishing year
                                                    ‘‘Comment Now!’’ icon, complete the                     commercial and recreational fishermen,
                                                    required fields, and enter your attached                                                                      for both the Gulf and South Atlantic
                                                                                                            with landings coming almost                           would benefit some commercial
                                                    comments.                                               exclusively from waters adjacent to                   fishermen that harvest yellowtail
                                                       • Mail: Submit all written comments                  Florida. Yellowtail snapper are managed               snapper in both regions by decreasing
                                                    to Cynthia Meyer, NMFS Southeast                        separately in the Gulf and South                      the compliance burden of different
                                                    Regional Office (SERO), 263 13th                        Atlantic but are a single genetic stock.              regulations for the same species in
                                                    Avenue South, St. Petersburg, FL 33701.                 The 2012 Southeast Data, Assessment,                  adjacent management areas.
                                                       Instructions: Comments sent by any                   and Review (SEDAR 27) combined the
                                                    other method, to any other address or                   two areas for stock assessment purposes               Yellowtail Snapper Gear Requirements
                                                    individual, or received after the end of                and indicated that yellowtail snapper in                 In the Gulf, a person harvesting reef
                                                    the comment period, may not be                          the Gulf and South Atlantic were not                  fish, including yellowtail snapper, is
                                                    considered by NMFS. All comments                        overfished and not experiencing                       required to use non-stainless steel circle
                                                    received are a part of the public record                overfishing as of 2010, the last year of              hooks when fishing with natural bait (50
                                                    and will generally be posted for public                 data used in SEDAR 27. Yellowtail                     CFR 622.30(a)). This measure was put in
                                                    viewing on www.regulations.gov                          snapper has one overfishing limit, and                place to reduce the post-release
                                                    without change. All personal identifying                its acceptable biological catch (ABC) is              mortality of Gulf reef fish. This
                                                    information (e.g., name, address, etc.),                further subdivided into two regional                  proposed rule would revise this
                                                    confidential business information, or                   ABCs for management purposes. The                     requirement to also allow the use of
                                                    otherwise sensitive information                         South Atlantic is allocated 75 percent of             other non-stainless steel hook types,
                                                    submitted voluntarily by the sender will                the stock yellowtail snapper ABC, and                 such as J-hooks, when commercial
                                                    be publicly accessible. NMFS will                       the Gulf is allocated 25 percent of the               fishing with natural bait for yellowtail
                                                    accept anonymous comments (enter ‘‘N/                   stock ABC. The annual catch limits                    snapper in the area south of a line
                                                    A’’ in required fields if you wish to                   (ACLs) are equal to the ABCs. The ACL                 extending due west from 25°09’ N. lat.
                                                    remain anonymous).                                      for South Atlantic yellowtail snapper is              off the west coast of Monroe County,
                                                                                                            further divided between the commercial                Florida, to the Gulf and South Atlantic
                                                       Electronic copies of the framework
                                                                                                            and recreational sectors, but the ACL for             Councils’ boundary. The northern
                                                    action, which includes an
                                                                                                            yellowtail snapper in the Gulf is not                 boundary of the area for this proposed
                                                    environmental assessment, Regulatory                                                                          gear exemption coincides with a
                                                                                                            divided between sectors. On average,
                                                    Flexibility Act (RFA) analysis, and a                                                                         management boundary already used by
                                                                                                            about 97 percent of yellowtail snapper
                                                    regulatory impact review, may be                                                                              the Florida Fish and Wildlife
                                                                                                            landings in the Gulf occur from
                                                    obtained from www.regulations.gov or                                                                          Conservation Commission.
                                                                                                            commercial harvest.
                                                    the SERO Web site at http://                                                                                     Landings of yellowtail snapper in the
                                                    sero.nmfs.noaa.gov.                                     Management Measures Contained in                      Gulf come almost exclusively from
                                                                                                            This Proposed Rule                                    waters adjacent to Florida, with over 97
                                                    FOR FURTHER INFORMATION CONTACT:
                                                    Cynthia Meyer, NMFS SERO, telephone:                       This proposed rule would revise the                percent of these landings, on average, by
                                                    727–824–5305, email: cynthia.meyer@                     fishing year for Gulf yellowtail snapper              the commercial sector. The Gulf Council
                                                    noaa.gov.                                               and the gear requirements for the                     determined that allowing other hook
                                                                                                            yellowtail snapper commercial sector.                 types for the commercial harvest of
                                                    SUPPLEMENTARY INFORMATION:      The Gulf                                                                      yellowtail snapper in Federal waters off
                                                    reef fish fishery includes yellowtail                   Yellowtail Snapper Fishing Year                       south Florida was appropriate because
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                                                    snapper and is managed under the FMP.                     Previously, the fishing year for both               of the specific fishing method used only
                                                    The FMP was prepared by the Gulf                        the commercial and recreational sectors               by commercial fishermen that allow for
                                                    Council and is implemented by NMFS                      for yellowtail snapper in the Gulf and                quicker de-hooking when the fish are
                                                    through regulations at 50 CFR part 622                  the South Atlantic was January 1                      caught using J-hooks. These fishermen
                                                    under the authority of the Magnuson-                    through December 31. The South                        attract the fish to the surface using
                                                    Stevens Fishery Conservation and                        Atlantic Council recently changed the                 chum and then use small hooks with
                                                    Management Act (Magnuson-Stevens                        yellowtail snapper fishing year in the                natural bait and cane poles (rods with
                                                    Act).                                                   South Atlantic to begin on August 1,                  approximately 15 ft (4.6 m) of


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                                                                           Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules                                          71473

                                                    monofilament fishing line tied to the tip               Councils’ jurisdictional boundary. In                 proposed change in the yellowtail
                                                    of the rod) or spinning reels to catch                  addition, this proposed rule would                    snapper fishing year would not directly
                                                    yellowtail snapper. The landed fish are                 change the yellowtail snapper fishing                 alter the basic service sold by for-hire
                                                    then quickly de-hooked by pulling the                   year for the commercial and recreational              vessels, this proposed action would not
                                                    fishing line across a horizontal bar, on                sectors from January 1 through                        directly apply to or regulate their
                                                    which the hook catches, dropping the                    December 31 to August 1 through July                  operations. Any change in vessel
                                                    fish into a hold with ice. Allowing the                 31.                                                   business would be a result of changes in
                                                    use of J-hooks is expected to result in                    As a result, this proposed rule would              angler demand for these fishing services
                                                    less handling of undersized fish that                   be expected to directly affect federally              that occurs as a result of the behavioral
                                                    need to be discarded, thereby increasing                permitted commercial vessels that                     decision by anglers, i.e., to fish or not,
                                                    efficiency and potentially decreasing                   harvest yellowtail snapper in the Gulf.               as influenced by the fishing year.
                                                    post-release mortality. This change will                Over the period 2010–2014, based on                   Therefore, any effects on the associated
                                                    also make the gear requirements for the                 Federal logbook data that include                     for-hire vessels would be one step
                                                    commercial harvest of yellowtail                        harvests from state waters, an average of             removed from the anglers’ decision and
                                                    snapper consistent between the Gulf                     132 vessels per year recorded                         an indirect effect of the proposed action.
                                                    and South Atlantic. In the South                        commercial yellowtail snapper harvests                Because the effects on for-hire vessels
                                                    Atlantic, snapper-grouper Federal                       anywhere in the Gulf and an average of                would be indirect, they fall outside the
                                                    permit holders are not required to use                  70 vessels per year recorded commercial               scope of the RFA.
                                                    circle hooks when fishing for any                       yellowtail snapper harvests in the Gulf                  NMFS has not identified any other
                                                    species within the snapper-grouper                      waters off Monroe County (state and                   small entities that would be expected to
                                                    complex, south of 28°00′ N. lat.                        Federal waters). The maximum number                   be directly affected by this proposed
                                                                                                            of vessels with recorded commercial                   rule.
                                                    Classification                                          yellowtail snapper harvests during this                  For RFA purposes only, NMFS has
                                                       Pursuant to section 304(b)(1)(A) of the              period within both groups of vessels                  established a small business size
                                                    Magnuson-Stevens Act, the NMFS                          was 163 (all vessels Gulf-wide; 2014)                 standard for businesses, including their
                                                    Assistant Administrator has determined                  and 73 (Monroe County area; 2010 and                  affiliates, whose primary industry is
                                                    that this proposed rule is consistent                   2014), respectively. The proposed                     commercial fishing (see 50 CFR 200.2).
                                                    with the framework amendment, the                       removal of the circle hook requirement                A business primarily engaged in
                                                    FMP, the Magnuson-Stevens Act, and                      would only be expected to directly                    commercial fishing (NAICS code 11411)
                                                    other applicable laws, subject to further               affect federally permitted vessels that               is classified as a small business if it is
                                                    consideration after public comment.                     fish in the Monroe County area, whereas               independently owned and operated, is
                                                       This proposed rule has been                          the proposed change in the fishing year               not dominant in its field of operation
                                                    determined to be not significant for                    could affect all commercial vessels that              (including its affiliates), and has
                                                    purposes of Executive Order 12866.                      harvest yellowtail snapper in the Gulf.               combined annual receipts not in excess
                                                       Pursuant to the Regulatory Flexibility               As a result, this proposed rule would be              of $11 million for all its affiliated
                                                    Act, the Chief Counsel for Regulation of                expected to apply to 70–163 commercial                operations worldwide. All commercial
                                                    the Department of Commerce certified                    fishing vessels. The average annual                   fishing vessels expected to be directly
                                                    to the Chief Counsel for Advocacy of the                gross revenue (2014 dollars) from all                 affected by this proposed rule are
                                                    Small Business Administration (SBA)                     species harvested on all trips by the                 believed to be small business entities.
                                                    that this proposed rule, if implemented,                vessels identified with recorded                         The proposed removal of the
                                                    would not have a significant economic                   yellowtail snapper harvests in logbook                requirement to use circle hooks when
                                                    impact on a substantial number of small                 data over the period 2010–2014 within                 commercial fishing with natural bait for
                                                    entities. The factual basis for this                    both groups of vessels was                            yellowtail snapper south of 25°09′ N.
                                                    determination is as follows:                            approximately $107,000 (all vessels                   lat. off the west coast of Monroe County,
                                                       The purposes of this proposed rule                   Gulf-wide) and approximately $41,000                  Florida (Cape Sable) to the Gulf and
                                                    are to eliminate certain inconsistencies                (Monroe County area).                                 South Atlantic Councils’ jurisdictional
                                                    between the regulations established by                     No small entities associated with the              boundary would be expected to afford
                                                    the Gulf and South Atlantic Councils for                recreational sector would be expected to              more flexibility and improve the
                                                    the harvest of yellowtail snapper in Gulf               be directly affected by the proposed                  operational efficiency of commercial
                                                    waters, to increase the operational                     change to the yellowtail snapper fishing              fishing vessels that harvest yellowtail
                                                    efficiency of the yellowtail snapper                    year. Only recreational anglers are                   snapper in this area. For example, J-
                                                    component of the commercial reef fish                   allowed to recreationally harvest                     hooks are more effective in the
                                                    fishery, achieve optimum yield, and                     yellowtail snapper in Gulf Federal                    commercial harvest of yellowtail
                                                    decrease the regulatory burden of                       waters and may be directly affected in                snapper, allow for quicker de-hooking
                                                    compliance with differing regulations                   changes to the fishing year. However,                 and less handling of undersized fish
                                                    established by separate regulatory                      recreational anglers are not small                    that need to be discarded, and result in
                                                    agencies across the adjacent Gulf and                   entities under the RFA. Although for-                 decreased post-release mortality. Using
                                                    South Atlantic jurisdictions. The                       hire businesses (charter vessels and                  J-hooks with natural bait is also an
                                                    Magnuson-Stevens Act provides the                       headboats) operate in the recreational                allowable gear for the commercial
                                                    statutory basis for this proposed rule.                 sector, these businesses only sell fishing            harvest of yellowtail snapper in Federal
                                                       This proposed rule, if implemented,                  services to recreational anglers and do               waters off south Florida under the
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                                                    would remove the requirement to use                     not have harvest rights to the yellowtail             management jurisdiction of the South
                                                    circle hooks when commercial fishing                    snapper. For-hire vessels provide a                   Atlantic Council. In south Florida, many
                                                    with natural bait for yellowtail snapper                platform for the opportunity to fish and              fishermen fish in the jurisdiction of both
                                                    and allow the use of other non-stainless                not a guarantee to catch or harvest any               Councils and allowing the use of a
                                                    steel hook types with natural baits in an               species, though expectations of                       common hook type for yellowtail
                                                    area south of 25°09′ N. lat. off the west               successful fishing, however defined,                  snapper would be expected to increase
                                                    coast of Monroe County, Florida (Cape                   likely factor into the decision by anglers            their operational efficiency and reduce
                                                    Sable) to the Gulf and South Atlantic                   to purchase these services. Because the               gear expenses. Removal of the circle


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                                                    71474                  Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules

                                                    hook requirement would also be                          to the directly affected small businesses.                Authority: 16 U.S.C. 1801 et seq.
                                                    expected to allow fishermen to choose                   These economic benefits may be small,                 ■ 2. In § 622.7, add paragraph (g) to read
                                                    the hook that is more effective for their               however, and limited to those benefits                as follows:
                                                    fishing circumstances, which would be                   associated with operational flexibility.
                                                    expected to increase their harvest of                     Based on the discussion above, NMFS                 § 622.7    Fishing years.
                                                    yellowtail snapper, as well as associated               determines that this proposed rule, if                *     *     *      *    *
                                                    revenue and profit. Thus, this proposed                 implemented, would result in an
                                                                                                            increase in revenue and associated                      (g) Gulf of Mexico yellowtail
                                                    action would be expected to result in
                                                                                                            profits and would not have a significant              snapper—August 1 through July 31.
                                                    increased economic benefits to any
                                                    affected small entities.                                adverse economic effect on a substantial              ■ 3. In § 622.30, revise paragraph (a) to
                                                                                                            number of small entities. As a result, an             read as follows:
                                                       Because some commercial fishing
                                                                                                            initial regulatory flexibility analysis is
                                                    vessels often operate in both state and                 not required.                                         § 622.30    Required fishing gear.
                                                    Federal waters, as well as in both the
                                                                                                            List of Subjects in 50 CFR Part 622                   *     *     *      *    *
                                                    Gulf and South Atlantic, the proposed
                                                    change in the fishing year would be                       Fisheries, Fishing, Gulf of Mexico,                   (a) Non-stainless steel circle hooks.
                                                    expected to result in positive economic                 South Atlantic, Yellowtail snapper.                   Non-stainless steel circle hooks are
                                                    benefits associated with improved                                                                             required when fishing with natural
                                                                                                              Dated: October 11, 2016.
                                                    consistency of the yellowtail snapper                                                                         baits, except that other non-stainless
                                                    fishing seasons in all of these areas.                  Samuel D. Rauch III,
                                                                                                                                                                  steel hook types may be used when
                                                    Consistent seasons, and other                           Deputy Assistant Administrator for                    commercial fishing for yellowtail
                                                                                                            Regulatory Programs, National Marine
                                                    regulations, allow fishermen greater                                                                          snapper with natural baits in an area
                                                                                                            Fisheries Service.
                                                    flexibility in choosing where and when                                                                        south of a line extending due west from
                                                                                                              For the reasons set out in the
                                                    to fish in general and for specific                                                                           25°09′ N. lat. off the west coast of
                                                                                                            preamble, 50 CFR part 622 is proposed
                                                    species. When fishing for yellowtail                                                                          Monroe County, Florida, to the Gulf of
                                                                                                            to be amended as follows:
                                                    snapper, consistent seasons would                                                                             Mexico and South Atlantic intercouncil
                                                    allow fishermen to operate in areas that                PART 622—FISHERIES OF THE                             boundary, specified in § 600.105(c).
                                                    are most productive and without                         CARIBBEAN, GULF OF MEXICO, AND
                                                    concern about which regulatory                                                                                *     *     *      *    *
                                                                                                            SOUTH ATLANTIC                                        [FR Doc. 2016–24998 Filed 10–14–16; 8:45 am]
                                                    jurisdiction applies. Overall, the
                                                                                                                                                                  BILLING CODE 3510–22–P
                                                    increased operational flexibility would                 ■ 1. The authority citation for part 622
                                                    be expected to result in increased profit               continues to read as follows:
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Document Created: 2016-10-15 01:51:51
Document Modified: 2016-10-15 01:51:51
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
ActionProposed rule; request for comments.
DatesWritten comments must be received by November 16, 2016.
ContactCynthia Meyer, NMFS SERO, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 71471 
RIN Number0648-BG06
CFR AssociatedFisheries; Fishing; Gulf of Mexico; South Atlantic and Yellowtail Snapper

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