82 FR 50104 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to the Number of Unrigged Hooks Carried On Board Bottom Longline Vessels
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 208 (October 30, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 208 (October 30, 2017)
| Page Range | 50104-50106 | |
| FR Document | 2017-23460 |
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)] [Proposed Rules] [Pages 50104-50106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23460] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 170619570-7570-01] RIN 0648-BG92 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to the Number of Unrigged Hooks Carried On Board Bottom Longline Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement management measures described in an abbreviated 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 (Council). This proposed rule would remove the limit on the number of unrigged hooks that a commercial reef fish vessel with a bottom longline endorsement is allowed on board when using or carrying bottom longline gear in the Federal waters of the eastern Gulf. The proposed rule would not change the limit of 750 hooks that these vessels can have rigged for fishing at any given time. The purpose of the proposed rule is to reduce the regulatory and potential economic burden to bottom longline fishers. DATES: Written comments must be received by November 14, 2017. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2017-0081'' by either of the following methods:Electronic Submission: Submit all electronic comments via the Federal Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0081, click the ``Comment Now!'' icon, complete the required fields, and enter your attached comments. Mail: Submit all written comments to Kelli O'Donnell, 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 [[Page 50105]] and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), 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 abbreviated 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/sustainable_fisheries/gulf_fisheries/reef_fish/2017/Unrigged%20hooks/Unrigged_hooks_index.html. FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS SERO, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes the commercial bottom longline component and is managed under the FMP. The Council prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Steven Act) through regulations at 50 CFR part 622. 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 to ensure that fishery resources are managed for the greatest overall benefit to the nation. In 2008, using data from Federal fishery observers, the NMFS Southeast Fisheries Science Center estimated sea turtle takes by the commercial bottom longline component of the Gulf reef fish fishery exceeded the 3-year anticipated take levels that were described in the 2005 Endangered Species Act biological opinion on the reef fish fishery. Therefore, the Council and NMFS developed management measures in Amendment 31 to the FMP to reduce sea turtle takes by the bottom longline component of the Gulf reef fish fishery (75 FR 21512; April 26, 2010). These management measures require an endorsement to the Federal commercial reef fish permit to fish for reef fish using bottom longline gear in the Gulf east of 85[deg]30' west longitude (near Cape San Blas, FL), and a seasonal closure for bottom longline gear use in that area. In addition, vessels in that area that have the endorsement and are fishing with bottom longline gear or have bottom longline gear on board cannot possess more than 1,000 hooks total per vessel of which no more than 750 hooks can be rigged for fishing. Management Measures Contained in This Proposed Rule This proposed rule would remove the current limitation on the number of unrigged hooks allowed per bottom longline vessel in the eastern Gulf EEZ, while retaining the limit of 750 hooks that can be rigged for fishing. Since the implementation of Amendment 31, bottom longline endorsement holders using bottom longline gear in the eastern Gulf EEZ have reported increases in bottom longline hook losses due to shark bite-offs and through normal fishing effort. Therefore, vessel operators that use bottom longline gear in the eastern Gulf EEZ requested that the Council increase the number of total unrigged hooks per vessel, while still keeping in place the restriction of 750 hooks rigged to fish at any one time. Observer data from 2010-2016 has shown the average amount of hooks lost per commercial bottom longline trip in the eastern Gulf EEZ is 300 hooks. Under the current total possession limit, if more than 250 hooks are lost, a vessel either has to fish with fewer than 750 hooks, get additional hooks from other vessels to maintain the maximum number of hooks in the water, or return to port. Based on public testimony, removing the restriction on the total number of hooks kept on board is expected to make trips more economical by allowing fishing with the maximum number of hooks to continue without having to return to port or request additional hooks from other vessels. In addition, maintaining the current limit of 750 hooks rigged for fishing would preserve the reductions in sea turtle interactions since the implementation of Amendment 31. 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 FMP, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. 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 adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows. A description of this proposed rule, why it is being considered, and the objectives of, and legal basis for this proposed rule are contained in the preamble. This proposed rule would directly affect commercial fishing vessels that use bottom longline gear to harvest reef fish from the Gulf EEZ east of 85[deg]30' west longitude, east of Cape San Blas, FL. These vessels are required to have an eastern Gulf reef fish bottom longline endorsement, and as of July 6, 2017, 62 vessels have that endorsement. NMFS estimates up to 62 commercial longline vessels could be directly affected annually, and that 36 to 37 businesses own these 62 vessels. These businesses represent approximately 6 percent of the 631 businesses that own at least one commercial fishing vessel with a Gulf reef fish permit. NMFS expects that most to all of the directly affected vessels make their landings in Florida, and from 2011 through 2015, an annual average of 59 longline vessels landed Gulf reef fish in the state and individually landed an average of 71,130 lb (32,264 kg), gutted weight, of reef fish annually. With an average 2015 dockside price of $4.01 per lb, gutted weight, the average longline vessel had annual dockside revenue of $285,231 from reef fish landings. That annual revenue is estimated to represent approximately 98 to 99 percent of the average longline vessel's annual revenues from all landings. For RFA purposes, 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 involved in commercial fishing (NAICS 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 its combined annual receipts are not in excess of $11 million for all of its affiliated operations worldwide. Based on the average annual dockside revenue of a longline vessel, it is expected that most to all of the businesses that would be directly affected by the proposed rule are small. Since May 2010, within the Gulf EEZ east of 85[deg]30' west longitude, a vessel for which a valid eastern Gulf reef fish bottom longline endorsement has been issued and that is fishing bottom longline gear or has bottom longline [[Page 50106]] gear on board cannot possess more than a total of 1,000 hooks, and no more than 750 hooks can be rigged for fishing at any given time. Industry representatives have indicated that a total of 1,000 hooks is not enough on long trips to compensate for hook losses due to sharks' biting hooks off and other general reasons. Under the current total possession limit, if more than 250 hooks are lost, a vessel either has to fish with fewer than 750 hooks or acquire additional hooks from other vessels to maintain the maximum number of hooks in the water. A third option is for the vessel to end the trip and return to port; however, that reduces the vessel landings. Observer data indicates an average of over 250 hooks were lost per trip from 2011 through 2016; however, despite the total hook limit and the average hook loss, average landings of reef fish per longline trip increased over that time. The proposed rule would allow a vessel with a longline endorsement to possess an unlimited number of hooks, but it would not change the maximum number that can be rigged for fishing. Any bottom longline vessel that would increase the total number of hooks it possesses beyond 1,000 would do so only if there were an economic benefit of doing so. Removing the limit on the number of unrigged hooks that can be onboard is expected to improve fishers' ability to maintain the maximum number of rigged hooks over the duration of a trip. There is insufficient information to estimate the number of vessels that may benefit from possessing more than 1,000 hooks and the magnitude of such a benefit. NMFS expects this proposed rule would not have a significant economic impact on a substantial number of small entities, and an initial regulatory flexibility analysis is not required and none has been prepared. 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 proposed rule. Accordingly, this proposed rule does not implicate the Paperwork Reduction Act. List of Subjects in 50 CFR Part 622 Bottom longline gear, Fisheries, Fishing, Gulf of Mexico, Reef fish. Dated: October 24, 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 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. 622.35, revise the first sentence of paragraph (b)(3) to read as follows: Sec. 622.35 Gear restricted areas. * * * * * (b) * * * (3) Within the Gulf EEZ east of 85[deg]30' W. long., a vessel for which a valid eastern Gulf reef fish bottom longline endorsement has been issued that is fishing bottom longline gear or has bottom longline gear on board cannot possess more than 750 hooks rigged for fishing at any given time. * * * * * * * * [FR Doc. 2017-23460 Filed 10-27-17; 8:45 am] BILLING CODE 3510-22-P
![50104 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
PART 622—FISHERIES OF THE quotas) specified in § 622.190(a)(2)(iv), DEPARTMENT OF COMMERCE
CARIBBEAN, GULF OF MEXICO, AND and the combined commercial and
SOUTH ATLANTIC recreational ACL of 323,000 lb (146,510 National Oceanic and Atmospheric
kg), gutted weight, 361,760 lb (164,092 Administration
■ 1. The authority citation for part 622 kg), round weight, is exceeded during
continues to read as follows: the same fishing year, and golden 50 CFR Part 622
Authority: 16 U.S.C. 1801 et seq. tilefish are overfished based on the most [Docket No. 170619570–7570–01]
■ 2. In § 622.190, suspend paragraphs recent Status of U.S. Fisheries Report to
RIN 0648–BG92
(a)(2)(i) through (iii) and add paragraphs Congress, the AA will file a notification
(a)(2)(iv) through (vi) to read as follows: with the Office of the Federal Register Fisheries of the Caribbean, Gulf of
to reduce the commercial ACL for that Mexico, and South Atlantic; Reef Fish
§ 622.190 Quotas. following fishing year by the amount of Fishery of the Gulf of Mexico;
* * * * * the commercial ACL overage in the Modifications to the Number of
(a) * * * prior fishing year. Unrigged Hooks Carried On Board
(2) * * * * * * * * Bottom Longline Vessels
(iv) Hook-and-line and longline
components combined—313,310 lb (3) Recreational sector. (i) If AGENCY: National Marine Fisheries
(142,115 kg). recreational landings of golden tilefish, Service (NMFS), National Oceanic and
(v) Hook-and-line component—78,328 as estimated by the SRD, reach or are Atmospheric Administration (NOAA),
lb (35,529 kg). projected to reach the recreational ACL Commerce.
(vi) Longline component—234,982 lb of 2,187 fish, the AA will file a ACTION: Proposed rule; request for
(106,586 kg). notification with the Office of the comments.
* * * * * Federal Register to close the recreational
SUMMARY: NMFS proposes to implement
■ 3. In § 622.193, suspend paragraphs sector for the remainder of the fishing
management measures described in an
(a)(1)(i), (ii), and (iii), and (a)(2), and year regardless if the stock is overfished,
abbreviated framework action to the
add paragraphs (a)(1)(iv), (v), and (vi), unless NMFS determines that no closure Fishery Management Plan for the Reef
and (a)(3) to read as follows: is necessary based on the best scientific Fish Resources of the Gulf of Mexico
information available. On and after the (FMP), as prepared by the Gulf of
§ 622.193 Annual catch limits (ACLs),
effective date of such a notification, the Mexico (Gulf) Fishery Management
annual catch targets (ACTs), and
accountability measures (AMs). bag and possession limits for golden Council (Council). This proposed rule
tilefish in or from the South Atlantic would remove the limit on the number
(a) * * *
EEZ are zero. of unrigged hooks that a commercial
(1) * * *
(iv) Hook-and-line component. If (ii) If recreational landings of golden reef fish vessel with a bottom longline
commercial landings for golden tilefish, tilefish, as estimated by the SRD, exceed endorsement is allowed on board when
as estimated by the SRD, reach or are the recreational ACL, then during the using or carrying bottom longline gear
projected to reach the commercial ACL following fishing year recreational in the Federal waters of the eastern Gulf.
(commercial quota) specified in landings will be monitored for a The proposed rule would not change the
§ 622.190(a)(2)(v), the AA will file a persistence in increased landings, and if limit of 750 hooks that these vessels can
notification with the Office of the necessary, the AA will file a notification have rigged for fishing at any given
Federal Register to close the hook-and- with the Office of the Federal Register time. The purpose of the proposed rule
line component of the commercial is to reduce the regulatory and potential
to reduce the length of the recreational
sector for the remainder of the fishing economic burden to bottom longline
fishing season and the recreational ACL
year. Applicable restrictions after a fishers.
by the amount of the recreational ACL
commercial quota closure are specified overage, if the species is overfished DATES: Written comments must be
in § 622.190(c). based on the most recent Status of U.S. received by November 14, 2017.
(v) Longline component. If Fisheries Report to Congress, and if the ADDRESSES: You may submit comments
commercial landings for golden tilefish, combined commercial and recreational on the proposed rule, identified by
as estimated by the SRD, reach or are ‘‘NOAA–NMFS–2017–0081’’ by either
ACL of 323,000 lb (146,510 kg), gutted
projected to reach the commercial ACL of the following methods:
weight, 361,760 lb (164,092 kg), round
(commercial quota) specified in
weight, is exceeded during the same • Electronic Submission: Submit all
§ 622.190(a)(2)(vi), the AA will file a electronic comments via the Federal
notification with the Office of the fishing year. The AA will use the best
Rulemaking Portal. Go to
Federal Register to close the longline scientific information available to
www.regulations.gov/
component of the commercial sector for determine if reducing the length of the
#!docketDetail;D=NOAA-NMFS-2017-
the remainder of the fishing year. After recreational fishing season and 0081, click the ‘‘Comment Now!’’ icon,
the commercial ACL for the longline recreational ACL is necessary. When the complete the required fields, and enter
component is reached or projected to be recreational sector is closed as a result your attached comments.
reached, golden tilefish may not be of NMFS reducing the length of the • Mail: Submit all written comments
fished for or possessed by a vessel with recreational fishing season and ACL, the to Kelli O’Donnell, NMFS Southeast
nlaroche on DSK9F9SC42PROD with PROPOSALS
a golden tilefish longline endorsement. bag and possession limits for golden Regional Office (SERO), 263 13th
Applicable restrictions after a tilefish in or from the South Atlantic Avenue South, St. Petersburg, FL 33701.
commercial quota closure are specified EEZ are zero. • Instructions: Comments sent by any
in § 622.190(c). * * * * * other method, to any other address or
(vi) If commercial landings of golden [FR Doc. 2017–23453 Filed 10–27–17; 8:45 am] individual, or received after the end of
tilefish, as estimated by the SRD, exceed BILLING CODE 3510–22–P
the comment period, may not be
the commercial ACL (including both the considered by NMFS. All comments
hook-and-line and longline component received are a part of the public record
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![50106 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
gear on board cannot possess more than Dated: October 24, 2017. regulations in accordance with
a total of 1,000 hooks, and no more than Samuel D. Rauch, III, Amendment 21–3 to the Pacific Coast
750 hooks can be rigged for fishing at Deputy Assistant Administrator for Groundfish Fishery Management Plan
any given time. Regulatory Programs, National Marine (PCGFMP) (see electronic access under
Fisheries Service. SUPPLEMENTARY INFORMATION). The
Industry representatives have
For the reasons set out in the proposed action would revise
indicated that a total of 1,000 hooks is
preamble, 50 CFR part 622 is proposed regulations so that higher than
not enough on long trips to compensate
to be amended as follows: anticipated harvest of darkblotched
for hook losses due to sharks’ biting rockfish or POP that exceeds a sector’s
hooks off and other general reasons. PART 622—FISHERIES OF THE initial distribution of those species
Under the current total possession limit, CARIBBEAN, GULF OF MEXICO, AND would not require automatic closure of
if more than 250 hooks are lost, a vessel SOUTH ATLANTIC one or more of the Pacific whiting at-sea
either has to fish with fewer than 750 sectors. This action is intended to
hooks or acquire additional hooks from ■ 1. The authority citation for part 622 reduce the risk of those sectors not
other vessels to maintain the maximum continues to read as follows: attaining their respective Pacific whiting
number of hooks in the water. A third Authority: 16 U.S.C. 1801 et seq. allocations based on the incidental
option is for the vessel to end the trip catch of darkblotched rockfish or POP,
■ 2. In § 622.35, revise the first sentence
and return to port; however, that when allowing the sector(s) to remain
of paragraph (b)(3) to read as follows:
reduces the vessel landings. Observer open would not exceed their respective
data indicates an average of over 250 § 622.35 Gear restricted areas. annual catch limit (ACLs). This action
hooks were lost per trip from 2011 * * * * * would not change or increase the risk of
through 2016; however, despite the total (b) * * * exceeding darkblotched rockfish or POP
hook limit and the average hook loss, (3) Within the Gulf EEZ east of 85°30′ ACL, as the proposed rule would also
average landings of reef fish per longline W. long., a vessel for which a valid allow NMFS to close one or both of the
trip increased over that time. eastern Gulf reef fish bottom longline MS and C/P sectors via automatic action
endorsement has been issued that is if the species-specific set-aside amounts
The proposed rule would allow a
fishing bottom longline gear or has plus the available reserve for unforeseen
vessel with a longline endorsement to catch events, known colloquially as the
possess an unlimited number of hooks, bottom longline gear on board cannot
possess more than 750 hooks rigged for ‘‘buffer,’’ are anticipated to be exceeded.
but it would not change the maximum
fishing at any given time. * * * DATES:Comments on this proposed rule
number that can be rigged for fishing.
Any bottom longline vessel that would * * * * * must be received no later than
increase the total number of hooks it
[FR Doc. 2017–23460 Filed 10–27–17; 8:45 am] November 27, 2017.
BILLING CODE 3510–22–P
possesses beyond 1,000 would do so ADDRESSES: You may submit comments
only if there were an economic benefit on this document, identified by NOAA–
of doing so. Removing the limit on the NMFS–2017–0102 by any of the
DEPARTMENT OF COMMERCE
number of unrigged hooks that can be following methods:
onboard is expected to improve fishers’ National Oceanic and Atmospheric • Electronic Submission: Submit all
ability to maintain the maximum Administration electronic public comments via the
number of rigged hooks over the Federal e-Rulemaking Portal. Go to
duration of a trip. There is insufficient 50 CFR Part 660 www.regulations.gov/
information to estimate the number of #!docketDetail;D=NOAA-NMFS-2017-
[Docket No. 170627602–7602–01]
vessels that may benefit from possessing 0102, click the ‘‘Comment Now!’’ icon,
more than 1,000 hooks and the RIN 0648–BG98 complete the required fields, and enter
magnitude of such a benefit. or attach your comments.
Magnuson-Stevens Act Provisions; • Mail: Barry A. Thom, Regional
NMFS expects this proposed rule Fisheries Off West Coast States; Administrator, West Coast Region,
would not have a significant economic Pacific Coast Groundfish Fishery; NMFS, 7600 Sand Point Way NE.,
impact on a substantial number of small Pacific Whiting; Pacific Coast Seattle, WA 98115–0070, Attn: Miako
entities, and an initial regulatory Groundfish Fishery Management Plan; Ushio.
flexibility analysis is not required and Amendment 21–3; Trawl
Instructions: Comments sent by any
none has been prepared. Rationalization Program
other method, to any other address or
No duplicative, overlapping, or AGENCY: National Marine Fisheries individual, or received after the end of
conflicting Federal rules have been Service (NMFS), National Oceanic and the comment period, may not be
identified. In addition, no new Atmospheric Administration (NOAA), considered by NMFS. All comments
reporting, record-keeping, or other Commerce. received are a part of the public record
compliance requirements are introduced ACTION: Proposed rule; request for and will generally be posted for public
by this proposed rule. Accordingly, this comments. viewing on www.regulations.gov
proposed rule does not implicate the without change. All personal identifying
Paperwork Reduction Act. SUMMARY: NMFS proposes this interim information (e.g., name, address, etc.),
nlaroche on DSK9F9SC42PROD with PROPOSALS
measure to change the management of confidential business information, or
List of Subjects in 50 CFR Part 622 the Pacific whiting at-sea sectors’ (i.e., otherwise sensitive information
the Mothership (MS) and Catcher/ submitted voluntarily by the sender will
Bottom longline gear, Fisheries,
Processor (C/P) sectors) allocations for be publicly accessible. NMFS will
Fishing, Gulf of Mexico, Reef fish.
darkblotched rockfish and Pacific ocean accept anonymous comments (enter ‘‘N/
perch (POP) by managing the allocations A’’ in the required fields if you wish to
as set-asides rather than as total catch remain anonymous). Attachments to
limits. This rule also proposes electronic comments will be accepted in
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Document Created: 2017-10-28 00:29:13
Document Modified: 2017-10-28 00:29:13
| 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 | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Written comments must be received by November 14, 2017. | |
| Contact | Kelli O'Donnell, NMFS SERO, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 50104 | |
| RIN Number | 0648-BG92 | |
| CFR Associated | Bottom Longline Gear; Fisheries; Fishing; Gulf of Mexico and Reef Fish |
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