82 FR 29772 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 125 (June 30, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29772-29776 | |
| FR Document | 2017-13751 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Rules and Regulations] [Pages 29772-29776] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13751] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 161020986-7352-02] RIN 0648-BG38 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS issues regulations to implement Amendment 36 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule modifies the FMP framework procedures to allow spawning special management zones (SMZs) to be established or modified through the framework process; establishes spawning SMZs off North Carolina, South Carolina, and Florida; establishes transit and anchoring provisions in the spawning SMZs; and establishes a sunset provision for most of the spawning SMZs. This final rule also moves the boundary of the existing Charleston Deep Artificial Reef Marine Protected Area (MPA). The purpose of this final rule is to protect spawning snapper-grouper species and the habitat where they spawn, and to reduce bycatch and bycatch mortality for snapper-grouper species, including speckled hind and warsaw grouper. DATES: This final rule is effective July 31, 2017. ADDRESSES: Electronic copies of Amendment 36 may be obtained from www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 36 includes an environmental assessment, Regulatory Flexibility Act (RFA) analysis, regulatory impact review, and fishery impact statement. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South Atlantic region is managed under the FMP and includes speckled hind and warsaw grouper, along with other snapper-grouper species. The FMP was prepared by the 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). On January 4, 2017, NMFS published a notice of availability of Amendment 36 and requested public comment (82 FR 810). On January 18, 2017, NMFS published the proposed rule to implement Amendment 36 and requested public comment (82 FR 5512). The proposed rule and Amendment 36 outline the rationale for the actions contained in this final rule. A summary of the actions implemented by Amendment 36 and this final rule is provided below. Management Measures Contained in This Final Rule This final rule modifies the FMP framework procedures to allow spawning SMZs to be established or modified through the framework process; establishes spawning SMZs off North Carolina, South Carolina, and Florida; establishes transit and anchoring provisions in the spawning SMZs; establishes a sunset provision for [[Page 29773]] most of the spawning SMZs; and moves the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the permitted site boundary. Modify the FMP Framework Procedures for Spawning SMZs The current FMP contains framework procedures to allow the Council to modify certain management measures, such as annual catch limits and other management measures, via an expedited process (see 50 CFR 622.194; 56 FR 56016, October 31, 1991). In Amendment 36 and this final rule, the Council has included changes to spawning SMZs, such as boundary modifications and the establishment or removal of spawning SMZs, under the framework process. For example, this final rule allows the Council to remove a spawning SMZ if monitoring efforts do not document evidence of spawning snapper-grouper species within the boundary. The revisions to the FMP framework procedures also allow the Council to remove the 10-year sunset provision for a spawning SMZ if monitoring efforts document snapper-grouper species' spawning inside a spawning SMZ. The Council decided that changing spawning SMZs through an expedited process can have beneficial biological and socio-economic impacts, especially if the changes respond to newer information, such as spawning locations for snapper-grouper species. The Council concluded that the framework process will allow adequate time for the public to comment on any proposed change related to a spawning SMZ. Establish Spawning SMZs Off North Carolina, South Carolina, and Florida The Council is establishing five snapper-grouper spawning SMZs in the South Atlantic off North Carolina, South Carolina, and Florida. This final rule prohibits fishing for or harvest of snapper-grouper species year-round in the spawning SMZs. The final rule establishes other restrictions in the spawning SMZs, including transiting with snapper-grouper species on board and anchoring. The spawning SMZ off North Carolina is called South Cape Lookout (5.1 sq mi; 13.2 sq km). The final rule establishes three spawning SMZs off South Carolina that are called Devil's Hole/Georgetown Hole (3.03 sq mi; 7.8 sq km), Area 51 (approximately 3 sq mi; 7.8 sq km), and Area 53 (approximately 3 sq mi; 7.8 sq km). The spawning SMZ off the east coast of the Florida Keys is called Warsaw Hole/50 Fathom Hole (3.64 sq mi; 9.4 sq km). Another purpose of spawning SMZs is to reduce bycatch and bycatch mortality of snapper-grouper species, including speckled hind and warsaw grouper. Currently, retention of speckled hind and warsaw grouper is prohibited in Federal waters in the South Atlantic. Prohibiting the targeting or harvest of snapper-grouper species in specified areas where these species are known to occur and possibly spawn is expected to reduce encounters with these deep-water species and provide protection for reproduction. The Council concluded that protecting snapper-grouper species within the spawning SMZs could enhance the opportunity for these species to reproduce and introduce more eggs and larvae into the environment. Establish Transit and Anchoring Provisions in Spawning SMZs This final rule allows fishing vessels to transit through the spawning SMZs with snapper-grouper species on board only when fishing gear is properly stowed. ``Properly stowed'' means that trawl or try nets and the attached doors must be out of the water, but are not be required to be on deck or secured below deck. Terminal gear (hook, leader, sinker, flasher, or bait) used with automatic reels, bandit gear, buoy gear, handline, or rod and reel would have to be disconnected and stowed separately from such fishing gear and sinkers would have to be disconnected from down riggers and stowed separately. Except under the limited condition to possess snapper-grouper species while transiting a spawning SMZ with fishing gear properly stowed, vessels in the spawning SMZs are prohibited from fishing for, harvesting, or possessing snapper-grouper species year-round in these areas. Except for the Area 51 and Area 53 Spawning SMZs off South Carolina, persons on board a fishing vessel are not allowed to anchor, use an anchor or chain, or use a grapple and chain while in spawning SMZs. Fishermen continue to be allowed to troll for pelagic species such as dolphin, tuna, and billfish in spawning SMZs. Establish a Sunset Provision for Most Spawning SMZs This final rule implements a 10-year sunset provision for the establishment of the spawning SMZs, except for the Area 51 and Area 53 Spawning SMZs, which will remain in effect indefinitely. Therefore, except for Areas 51 and 53, the spawning SMZs and their associated management measures are effective for 10 years following the implementation of this final rule for Amendment 36. For the spawning SMZs and management measures subject to the sunset provision to extend beyond 10 years, the Council would need to take further action. The Council will regularly evaluate all of the spawning SMZs over the 10- year period. Move the Existing Charleston Deep Artificial Reef MPA This final rule moves the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the boundary of the U.S. Army Corps of Engineers' permitted artificial reef area at that location. This final rule does not change the size of the existing MPA. The Council originally designated the current area as an artificial reef site in Amendment 14 to the FMP (74 FR 1621, January 13, 2009). The State of South Carolina has worked with the U.S. Army Corps of Engineers to modify the boundary of this site to include material recently sunk by the state in the area and requested that the Council shift their boundary of the existing Charleston Deep Artificial Reef MPA to match the new boundary of the U.S. Army Corps of Engineers' permitted artificial reef area. Management Measure Contained in Amendment 36 but Not Codified Through This Final Rule In addition to the management measures that this final rule implements, Amendment 36 includes an action to modify the SMZ procedures in the FMP to allow for the designation of spawning SMZs. The Council will be able to designate important spawning areas as spawning SMZs to provide additional protection to some existing Essential Fish Habitat-Habitat Areas of Particular Concern for snapper- grouper species. The Council concluded that designating areas as spawning SMZs is important to protect snapper-grouper species and habitat where snapper-grouper species spawn. Additionally, the Council concluded that designating the spawning SMZ sites through this final rule, and subsequent changes to regulations, would enhance reproduction for snapper-grouper species and thus increase the number of eggs and larvae that are produced by the species. Comments and Responses NMFS received a total of 101 comments on the notice of availability and proposed rule for Amendment 36. The commenters included commercial, private recreational, and charter vessel fishing entities, as well as recreational divers, non-governmental organizations, and individuals from the general public. Comments both supported additional protections for spawning fish through [[Page 29774]] implementation of spawning SMZs and opposed the implementation of any spatial closures in the South Atlantic. The majority of comments received from the public during the comment period were supportive of the actions in Amendment 36 to establish spawning SMZs to protect spawning snapper-grouper species. NMFS' responses to comments that specifically relate to the actions contained in Amendment 36 and the proposed rule are summarized below. Comment 1: NMFS should not establish additional fishing area closures to protect spawning fish. The data used to determine potential spawning SMZ sites are flawed and the sites were arbitrarily selected. Additionally, the science does not support the use of MPAs or similarly named spatial closures as a viable management option. Response: NMFS disagrees that the spawning SMZ sites were arbitrarily selected and that the data used are flawed. The Council used a variety of data sources to select spawning SMZ sites. Data sources included the Southeast Reef Fish Survey, habitat mapping research, and cooperative research projects that identified locations where snapper-grouper species occur, including spawning fish. In addition, multiple groups provided input on site selection to protect spawning fish while reducing social and economic impacts to fishermen. These groups included fishermen on the Council's MPA Expert Work Group and Snapper-Grouper Advisory Panel (Snapper-Grouper AP) who could be affected by the spawning SMZs. Finally, the Council evaluated comments and recommendations from the public during meetings such as public hearings and scoping meetings. The NMFS Southeast Fisheries Science Center reviewed the data and analyses contained in Amendment 36 and certified it to be based on the best scientific information available. NMFS disagrees that spatial closures are not a viable management option for protecting spawning snapper-grouper species. Areas closed to protect known spawning locations of fish species have been shown to provide positive biological and socio-economic benefits. The spawning SMZs implemented by this final rule are expected to result in additional protections for spawning snapper-grouper, while potentially providing positive economic effects by increasing future stock size and sustainability. Should monitoring efforts highlight the need for the adjustment of an area or the removal of a spawning SMZ if spawning snapper-grouper species are not documented in the area, this final rule will allow the Council to modify spawning SMZs. If the Council does not take any subsequent action to modify or renew the spawning SMZs, most of the spawning SMZs would expire automatically after the 10-year sunset provision in this final rule. Comment 2: NMFS is establishing spawning SMZs without any regard for the economic and social impacts on fishermen and coastal communities. Response: NMFS disagrees. The Magnuson-Stevens Act requires NMFS to consider and analyze the economic and social impacts of proposed management actions. Amendment 36 and this final rule recognize that negative short-term economic effects resulting from restrictions in fishing opportunities in the designated spawning SMZs may occur. The spawning SMZs are small (combined total area is 17.71 square miles) relative to all available fishing grounds in the South Atlantic, and the total estimated economic loss of ex-vessel revenue for the entire commercial sector is $1,605 annually. NMFS assumes that any reduction in ex-vessel revenue from this final rule would be minimized based on the small size of each spawning SMZ area and the high likelihood that commercial vessels would substitute landings of snapper-grouper species in other areas. Also, the allowance for transit and trolling for pelagic species could reduce economic impacts from this final rule to fishermen. Comment 3: The spawning SMZs should be closed to all fishing methods. Research has shown that snapper-grouper species, including warsaw grouper and speckled hind, can be harvested through the deployment of trolling gear. Allowing trolling of any kind could undermine the potential effectiveness of a spawning SMZ and would make enforcement of the provision that allows transiting with snapper- grouper species on board difficult. Response: Amendment 36 and this final rule allow fishermen to troll for pelagic species in the spawning SMZs but do not allow fishing vessels to have snapper-grouper species on board. The final rule allows fishing vessels to possess snapper-grouper species on board while in a spawning SMZ only if the vessel is transiting through the spawning SMZ directly and without stopping, and if fishing gear is appropriately stowed and unavailable for immediate use (e.g., terminal gear, like hooks and weights, must be disconnected and stowed separately from a rod and reel). Therefore, law enforcement would be able to determine the difference between fishing vessels that are trolling for pelagic species and fishing vessels that are transiting the spawning SMZs with snapper-grouper species on board through visual inspection of the gear and the species on board. The trolling and transit allowances were discussed by the Council and included in Amendment 36 as a way to reduce the economic and social impacts of spatial closures on the fishing community and address concerns about safety at-sea, respectively. Comment 4: Fishing for snapper-grouper species and anchoring in the spawning SMZs should be exempted for spear fishermen. Spear fishing is a selective gear type and large catches of snapper-grouper are not expected to occur through its use. Response: In all of the spawning SMZs implemented by this final rule, the fishing for, harvest, or possession (except while transiting through a spawning SMZ) of snapper-grouper species is prohibited year- round. While NMFS agrees that spear fishing is a selective fishing gear with lower bycatch potential compared to other fishing methods, spear fishing could remove larger fish that are important to spawning. Prohibiting spear fishing in spawning SMZs is expected to provide protection to spawning snapper-grouper species to meet the objectives of Amendment 36. Comment 5: Establishing Warsaw Hole as a spawning SMZ should be removed from consideration in Amendment 36. Fish caught in the Warsaw Hole and surrounding area (particularly greater amberjack) make up the majority of some fishermen's annual income in Key West, Florida, and fishing in the area results in little to no discards. Additionally, the majority of landings around Warsaw Hole occur north of 24[deg]21' N. lat., within the 1.8-square mile area included in another sub- alternative. However, if the Warsaw Hole Spawning SMZ must be established, the alternative consisting of a 0.9-square mile area is recommended over the preferred alternative of a 3.6-square mile area. The 0.9-square mile area would provide the least amount of negative economic impact to fishermen in Key West, Florida. Response: The Council's objective for the protection of Warsaw Hole is to implement a spawning SMZ that would maximize the probability that snapper-grouper species, including warsaw grouper and greater amberjack, reform spawning aggregations at this site while balancing both short and long-term social and economic impacts to fishermen. To accomplish this objective, [[Page 29775]] the Council determined the spawning SMZ should cover the shelf edge around the hole where greater amberjack spawn. After evaluating a spawning SMZ of different sizes around Warsaw Hole, the Council concluded that the 3.6-square mile area for the Warsaw Hole Spawning SMZ best meets this objective. NMFS acknowledges that there may be short-term negative social and economic impacts from the spawning SMZ being implemented for Warsaw Hole. The Council considered these economic impacts but determined that the enhanced reproduction for snapper-grouper species and, subsequently, the increased the number of eggs and larvae that are produced as a result of this added protection, would be expected to result in long-term indirect economic benefits to commercial and recreational fishermen. In the end, the Council concluded that the 3.6- square mile area for the Warsaw Hole Spawning SMZ best meets the objectives of Amendment 36 by creating positive impacts, while balancing both short and long-term social and economic impacts. Comment 6: The Council should adopt the 3.6-square mile area as a spawning SMZ for Warsaw Hole and the 13.3-square mile area as a spawning SMZ for Daytona Steeples. These two alternatives together would provide the greatest amount of protection to spawning snapper- grouper species off Florida. Response: The Council selected the 3.6-square mile area around Warsaw Hole as the only spawning SMZ off Florida. Extensive input from the Council's Snapper-Grouper AP and the public indicated that there would be support for a spawning SMZ at Daytona Steeples if there were data on spawning snapper-grouper species or habitat in the area. The Council considered a spawning SMZ in the Daytona Steeples area but agreed with the Snapper-Grouper AP and public about the lack of available data on spawning snapper-grouper species or habitat and decided not to propose any spawning SMZ in the Daytona Steeples area. Comment 7: The details in the system management plan (SMP) for the spawning SMZs, such as cost, monitoring, and evaluation techniques, should have been fully developed before the proposed sites in Amendment 36 were presented to the Council. Response: The SMP for the spawning SMZs was developed in conjunction with Amendment 36 to outline the data and research needed to monitor and evaluate the spawning SMZs and guide researchers applying for project funding. The SMP outlines the estimated project costs for each study type to aid fishery managers in determining research priorities. The purpose of the SMP is not to outline the specific methods and costs. The Council acknowledged that the SMP will likely be modified over time as research projects are implemented. One of the primary tasks for the SMP was to recommend development of an advisory panel to the Council. The advisory panel would be used to further develop specific projects to monitor spawning SMZs. Classification The Regional Administrator for the NMFS Southeast Region has determined that this final rule is consistent with Amendment 36, the FMP, the Magnuson-Stevens Act, and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. Public comments relating to socio-economic implications and potential impacts on small businesses are addressed in the responses to Comments 2, 3, and 4 in the Comments and Responses section of this final rule. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis was not required and none was prepared. Change to Codified Text From the Proposed Rule In this final rule, NMFS makes one change to the coordinates table for the Devil's Hole/Georgetown Hole Spawning SMZ. In the proposed rule, the coordinate points for this spawning SMZ were listed in a counter-clockwise order when plotted on a map or chart. The points for all other coordinate tables of the spawning SMZs in the proposed rule were listed in a clockwise order. This final rule revises the order of the coordinates for the Devil's Hole/Georgetown Hole Spawning SMZ to list them in a clockwise order, to be consistent with the other spawning SMZs in this final rule. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Marine protected area, South Atlantic, Special management zone. Dated: June 27, 2017. 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 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. 622.183, revise the table in paragraph (a)(1)(i)(D) and add paragraph (a)(2) to read as follows: Sec. 622.183 Area and seasonal closures. (a) * * * (1) * * * (i) * * * (D) * * * ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 32[deg]05.04' 79[deg]13.575' B................................ 32[deg]09.65' 79[deg]09.2' C................................ 32[deg]07.155' 79[deg]05.595' D................................ 32[deg]02.36' 79[deg]09.975' A................................ 32[deg]05.04' 79[deg]13.575' ------------------------------------------------------------------------ * * * * * (2) Spawning SMZs. (i) Any fishing vessel in a spawning SMZ is prohibited to fish for or harvest species in the snapper-grouper fishery management unit year-round. For a fishing vessel to possess snapper-grouper species on board while in a spawning SMZ, the vessel must be in transit and fishing gear must be appropriately stowed, as specified in paragraph (a)(2)(vii) of this section. Except for spawning SMZs of Area 51 and Area 53, the spawning SMZs in this paragraph are effective until August 2, 2027. A person on board a fishing vessel may not anchor, use an anchor and chain, or use a grapple and chain while in the spawning SMZs specified in paragraph (a)(2) of this section. The anchoring prohibition does not apply to fishing vessels in the spawning SMZs of Area 51 and Area 53. (ii) South Cape Lookout Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: [[Page 29776]] ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 33[deg]53.040' 76[deg]28.617' B................................ 33[deg]52.019' 76[deg]27.798' C................................ 33[deg]49.946' 76[deg]30.627' D................................ 33[deg]51.041' 76[deg]31.424' A................................ 33[deg]53.040' 76[deg]28.617' ------------------------------------------------------------------------ (iii) Devil's Hole/Georgetown Hole Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 32[deg]34.311' 78[deg]34.996' B................................ 32[deg]34.311' 78[deg]33.220' C................................ 32[deg]32.748' 78[deg]33.220' D................................ 32[deg]32.748' 78[deg]34.996' A................................ 32[deg]34.311' 78[deg]34.996' ------------------------------------------------------------------------ (iv) Area 51 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 32[deg]35.25' 79[deg]28.6' B................................ 32[deg]35.25' 79[deg]27' C................................ 32[deg]33.75' 79[deg]27' D................................ 32[deg]33.75' 79[deg]28.6' A................................ 32[deg]35.25' 79[deg]28.6' ------------------------------------------------------------------------ (v) Area 53 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 32[deg]22.65' 79[deg]22.25' B................................ 32[deg]22.65' 79[deg]20.5' C................................ 32[deg]21.15' 79[deg]20.5' D................................ 32[deg]21.15' 79[deg]22.25' A................................ 32[deg]22.65' 79[deg]22.25' ------------------------------------------------------------------------ (vi) Warsaw Hole/50 Fathom Hole Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: ------------------------------------------------------------------------ Point North lat. West long. ------------------------------------------------------------------------ A................................ 24[deg]22.277' 82[deg]20.417' B................................ 24[deg]22.277' 82[deg]18.215' C................................ 24[deg]20.932' 82[deg]18.215' D................................ 24[deg]20.932' 82[deg]20.417' A................................ 24[deg]22.277' 82[deg]20.417' ------------------------------------------------------------------------ (vii) For the purpose of paragraph (a)(2)(i) of this section, transit means direct, non-stop progression through the spawning SMZ. Fishing gear appropriately stowed means-- (A) A longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. (B) Trawl doors and nets must be out of the water, but the doors are not required to be on deck or secured on or below deck. (C) A gillnet, stab net, or trammel net must be left on the drum. Any additional such nets not attached to the drum must be stowed below deck. (D) 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. (E) A crustacean trap, golden crab trap, or sea bass pot cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. * * * * * 0 3. In Sec. 622.194, revise paragraph (a) to read as follows: Sec. 622.194 Adjustment of management measures. * * * * * (a) Biomass levels, age-structured analyses, target dates for rebuilding overfished species, MSY (or proxy), OY, ABC, TAC, quotas (including a quota of zero), annual catch limits (ACLs), annual catch targets (ACTs), AMs, maximum fishing mortality threshold (MFMT), minimum stock size threshold (MSST), trip limits, bag limits, size limits, gear restrictions (ranging from regulation to complete prohibition), seasonal or area closures, fishing year, rebuilding plans, definitions of essential fish habitat, essential fish habitat, essential fish habitat HAPCs or Coral HAPCs, restrictions on gear and fishing activities applicable in essential fish habitat and essential fish habitat HAPCs, and establish or modify spawning SMZs. * * * * * [FR Doc. 2017-13751 Filed 6-29-17; 8:45 am] BILLING CODE 3510-22-P
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for this category: Those having $38.5 during the transition, and focus framework process; establishes
million or less in annual receipts. The resources on ensuring successful spawning SMZs off North Carolina,
Commission has estimated the number completion of the transition by all South Carolina, and Florida; establishes
of licensed Class A television stations to reassigned stations and continuity of transit and anchoring provisions in the
be 417. Given the nature of these over-the-air television service. In spawning SMZs; and establishes a
services, we will presume that these addition, the burdens of the reporting sunset provision for most of the
licensees qualify as small entities under requirements are minimal and we spawning SMZs. This final rule also
the SBA definition. believe the benefits of the reporting moves the boundary of the existing
Description of Projected Reporting, requirements, which will facilitate the Charleston Deep Artificial Reef Marine
Recordkeeping, and Other Compliance successful post-incentive auction Protected Area (MPA). The purpose of
Requirements. The Public Notice transition, outweigh any burdens this final rule is to protect spawning
adopted the following new reporting associated with compliance. snapper-grouper species and the habitat
requirements. Non-Reimbursable Federal Rules that May Duplicate, where they spawn, and to reduce
Stations must file the Transition Overlap, or Conflict With the Proposed bycatch and bycatch mortality for
Progress Report on a quarterly basis, Rule. None. snapper-grouper species, including
with the first Report being filed Report to Congress. The Commission speckled hind and warsaw grouper.
beginning for the first full quarter after will send a copy of the Public Notice, DATES: This final rule is effective July
the release of a public notice including this FRFA, in a report to be 31, 2017.
announcing the completion of the sent to Congress and the Government ADDRESSES: Electronic copies of
incentive auction. The deadline for Accountability Office pursuant to the Amendment 36 may be obtained from
filing the first Report is October 10, Congressional Review Act. A copy (or www.regulations.gov or the Southeast
2017. We further require that Non- summary thereof) will also be published Regional Office Web site at http://
Reimbursable Stations file Transition in the Federal Register. sero.nmfs.noaa.gov. Amendment 36
Progress Reports: (1) 10 weeks before Report to Small Business includes an environmental assessment,
the end of their assigned construction Administration. The Commission will
deadline; (2) 10 days after they complete Regulatory Flexibility Act (RFA)
send a copy of the Public Notice, analysis, regulatory impact review, and
all work related to construction of their including this FRFA, to the Chief
post-auction facilities; and (3) five days fishery impact statement.
Counsel for Advocacy of the Small FOR FURTHER INFORMATION CONTACT:
after they cease broadcasting on their Business Administration.
pre-auction channel. The Transition Frank Helies, NMFS Southeast Regional
Progress Reports will be filed Federal Communications Commission. Office, telephone: 727–824–5305, or
electronically using the Commission’s Thomas Horan, email: frank.helies@noaa.gov.
electronic filing system, and the Chief of Staff. SUPPLEMENTARY INFORMATION: The
Commission will make the filings [FR Doc. 2017–13765 Filed 6–29–17; 8:45 am] snapper-grouper fishery in the South
viewable in stations’ online public BILLING CODE 6712–01–P Atlantic region is managed under the
inspection files. All reassigned stations FMP and includes speckled hind and
are assigned to one of 10 Post-Auction warsaw grouper, along with other
Transition Plan Phase with construction DEPARTMENT OF COMMERCE snapper-grouper species. The FMP was
deadline requirements ranging from prepared by the Council and is
November 30, 2018 to July 3, 2020. National Oceanic and Atmospheric implemented by NMFS through
Once a station has ceased operating on Administration regulations at 50 CFR part 622 under the
its pre-auction channel, it no longer authority of the Magnuson-Stevens
needs to file reports. 50 CFR Part 622 Fishery Conservation and Management
Steps Taken to Minimize Significant Act (Magnuson-Stevens Act).
Impact on Small Entities, and [Docket No. 161020986–7352–02] On January 4, 2017, NMFS published
Significant Alternatives Considered. The a notice of availability of Amendment
RIN 0648–BG38
RFA requires an agency to describe any 36 and requested public comment (82
significant alternatives that it has Fisheries of the Caribbean, Gulf of FR 810). On January 18, 2017, NMFS
considered in reaching its proposed Mexico, and South Atlantic; Snapper- published the proposed rule to
approach, which may include the Grouper Fishery of the South Atlantic implement Amendment 36 and
following four alternatives (among Region; Amendment 36 requested public comment (82 FR 5512).
others): (1) The establishment of The proposed rule and Amendment 36
differing compliance or reporting AGENCY: National Marine Fisheries outline the rationale for the actions
requirements or timetables that take into Service (NMFS), National Oceanic and contained in this final rule. A summary
account the resources available to small Atmospheric Administration (NOAA), of the actions implemented by
entities; (2) the clarification, Commerce. Amendment 36 and this final rule is
consolidation, or simplification of ACTION: Final rule. provided below.
compliance or reporting requirements
under the rule for small entities; (3) the SUMMARY: NMFS issues regulations to Management Measures Contained in
use of performance, rather than design, implement Amendment 36 to the This Final Rule
standard; and (4) an exemption from Fishery Management Plan (FMP) for the This final rule modifies the FMP
coverage of the rule, or any part thereof, Snapper-Grouper Fishery of the South framework procedures to allow
mstockstill on DSK30JT082PROD with RULES
for small entities. Atlantic Region as prepared and spawning SMZs to be established or
The reporting requirement adopted in submitted by the South Atlantic Fishery modified through the framework
the Public Notice will allow the Management Council (Council). This process; establishes spawning SMZs off
Commission, broadcasters (including final rule modifies the FMP framework North Carolina, South Carolina, and
those filing the Reports), and other procedures to allow spawning special Florida; establishes transit and
interested parties to more closely management zones (SMZs) to be anchoring provisions in the spawning
monitor the status of construction established or modified through the SMZs; establishes a sunset provision for
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![29776 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
Point North lat. West long. (C) A gillnet, stab net, or trammel net SUMMARY: NMFS issues this rule to
must be left on the drum. Any implement annual management
A ........................... 33°53.040′ 76°28.617′ additional such nets not attached to the measures and harvest specifications to
B ........................... 33°52.019′ 76°27.798′ drum must be stowed below deck. establish the allowable catch levels (i.e.,
C ........................... 33°49.946′ 76°30.627′ (D) Terminal gear (i.e., hook, leader, annual catch limit (ACL)/harvest
D ........................... 33°51.041′ 76°31.424′
sinker, flasher, or bait) used with an guideline (HG)) for the northern
A ........................... 33°53.040′ 76°28.617′
automatic reel, bandit gear, buoy gear, subpopulation of Pacific sardine
(iii) Devil’s Hole/Georgetown Hole handline, or rod and reel must be (hereafter, Pacific sardine), in the U.S.
Spawning SMZ is bounded by rhumb disconnected and stowed separately exclusive economic zone (EEZ) off the
lines connecting, in order, the following from such fishing gear. Sinkers must be Pacific coast for the fishing season of
points: disconnected from the down rigger and July 1, 2017, through June 30, 2018.
stowed separately. These specifications were determined
Point North lat. West long. (E) A crustacean trap, golden crab according to the Coastal Pelagic Species
trap, or sea bass pot cannot be baited. (CPS) Fishery Management Plan (FMP).
A ........................... 32°34.311′ 78°34.996′ All buoys must be disconnected from This action includes a prohibition on
B ........................... 32°34.311′ 78°33.220′ the gear; however, buoys may remain on directed non-tribal Pacific sardine
C ........................... 32°32.748′ 78°33.220′ deck. commercial fishing off the coasts of
D ........................... 32°32.748′ 78°34.996′
* * * * * Washington, Oregon, and California,
A ........................... 32°34.311′ 78°34.996′
which is required because the estimated
■ 3. In § 622.194, revise paragraph (a) to
(iv) Area 51 Spawning SMZ is 2017 biomass of Pacific sardine has
read as follows:
bounded by rhumb lines connecting, in dropped below the biomass threshold
order, the following points: § 622.194 Adjustment of management specified in the HG control rule. Under
measures. this action, Pacific sardine may still be
Point North lat. West long. * * * * * harvested as part of either the live bait
(a) Biomass levels, age-structured or tribal fishery, or as incidental catch
A ........................... 32°35.25′ 79°28.6′ analyses, target dates for rebuilding in other fisheries; the incidental harvest
B ........................... 32°35.25′ 79°27′ of Pacific sardine would initially be
overfished species, MSY (or proxy), OY,
C ........................... 32°33.75′ 79°27′ limited to 40-percent by weight of all
D ........................... 32°33.75′ 79°28.6′ ABC, TAC, quotas (including a quota of
A ........................... 32°35.25′ 79°28.6′ zero), annual catch limits (ACLs), fish per trip when caught with other
annual catch targets (ACTs), AMs, CPS or up to 2 metric tons (mt) when
(v) Area 53 Spawning SMZ is maximum fishing mortality threshold caught with non-CPS. The ACL for the
bounded by rhumb lines connecting, in (MFMT), minimum stock size threshold 2017–2018 Pacific sardine fishing year
order, the following points: (MSST), trip limits, bag limits, size is 8,000 mt. This action is intended to
limits, gear restrictions (ranging from conserve and manage the Pacific sardine
Point North lat. West long. regulation to complete prohibition), stock off the U.S. West Coast.
seasonal or area closures, fishing year, DATES: Effective July 1, 2017 through
A ........................... 32°22.65′ 79°22.25′ rebuilding plans, definitions of essential June 30, 2018.
B ........................... 32°22.65′ 79°20.5′
C ........................... 32°21.15′ 79°20.5′
fish habitat, essential fish habitat, FOR FURTHER INFORMATION CONTACT:
D ........................... 32°21.15′ 79°22.25′ essential fish habitat HAPCs or Coral Joshua Lindsay, West Coast Region,
A ........................... 32°22.65′ 79°22.25′ HAPCs, restrictions on gear and fishing NMFS, (562) 980–4034, joshua.lindsay@
activities applicable in essential fish noaa.gov.
(vi) Warsaw Hole/50 Fathom Hole habitat and essential fish habitat SUPPLEMENTARY INFORMATION: NMFS
Spawning SMZ is bounded by rhumb HAPCs, and establish or modify manages the Pacific sardine fishery in
lines connecting, in order, the following spawning SMZs. the U.S. EEZ off the Pacific coast
points: * * * * * (California, Oregon, and Washington) in
[FR Doc. 2017–13751 Filed 6–29–17; 8:45 am] accordance with the CPS FMP. Annual
Point North lat. West long. BILLING CODE 3510–22–P specifications published in the Federal
Register establish the allowable harvest
A ........................... 24°22.277′ 82°20.417′
B ........................... 24°22.277′ 82°18.215′ levels (i.e., overfishing limit (OFL)/ACL/
C ........................... 24°20.932′ 82°18.215′ DEPARTMENT OF COMMERCE HG) for each Pacific sardine fishing
D ........................... 24°20.932′ 82°20.417′ year. The purpose of this final rule is to
A ........................... 24°22.277′ 82°20.417′ National Oceanic and Atmospheric implement these annual catch reference
Administration points for the 2017–2018 fishing year.
(vii) For the purpose of paragraph This final rule adopts, without changes,
(a)(2)(i) of this section, transit means 50 CFR Part 660 the catch levels and restrictions that
direct, non-stop progression through the [Docket No. 170320292–7580–02] NMFS proposed in the rule published
spawning SMZ. Fishing gear on May 30, 2017 (82 FR 24656),
appropriately stowed means— RIN 0648–XF311 including the OFL and an acceptable
(A) A longline may be left on the biological catch (ABC) that takes into
drum if all gangions and hooks are Fisheries Off West Coast States; consideration uncertainty surrounding
disconnected and stowed below deck. Coastal Pelagic Species Fisheries; the current estimate of biomass for
Annual Specifications
mstockstill on DSK30JT082PROD with RULES
Hooks cannot be baited. All buoys must Pacific sardine in the U.S. EEZ off the
be disconnected from the gear; however, AGENCY: National Marine Fisheries Pacific coast.
buoys may remain on deck. Service (NMFS), National Oceanic and The FMP and its implementing
(B) Trawl doors and nets must be out regulations require NMFS to set these
Atmospheric Administration (NOAA),
of the water, but the doors are not annual catch levels for the Pacific
Commerce.
required to be on deck or secured on or sardine fishery based on the annual
below deck. ACTION: Final rule.
specification framework and control
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Document Created: 2017-06-30 06:01:41
Document Modified: 2017-06-30 06:01:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective July 31, 2017. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 82 FR 29772 | |
| RIN Number | 0648-BG38 | |
| CFR Associated | Fisheries; Fishing; Marine Protected Area; South Atlantic and Special Management Zone |
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