82_FR_5523 82 FR 5512 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36

82 FR 5512 - 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 11 (January 18, 2017)

Page Range5512-5517
FR Document2017-00859

NMFS proposes 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). If implemented, this proposed rule would modify the FMP framework procedures to allow spawning special management zones (SMZs) to be established or modified through the framework process; establish spawning SMZs off North Carolina, South Carolina, and Florida; establish transit and anchoring provisions in the spawning SMZs; and establish a sunset provision for most of the spawning SMZs. This proposed rule would also move the boundary of the existing Charleston Deep Artificial Reef Marine Protected Area (MPA). The purpose of this proposed rule is to protect spawning snapper- grouper species and their spawning habitat, and to reduce bycatch and bycatch mortality for snapper-grouper species, including speckled hind and warsaw grouper.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5512-5517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00859]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161020986-7012-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 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). If implemented, this proposed 
rule would modify the FMP framework procedures to allow spawning 
special management zones (SMZs) to be established or modified through 
the framework process; establish spawning SMZs off North Carolina, 
South Carolina, and Florida; establish transit and anchoring provisions 
in the spawning SMZs; and establish a sunset provision for most of the 
spawning SMZs. This proposed rule would also move the boundary of the 
existing Charleston Deep Artificial Reef Marine Protected Area (MPA). 
The purpose of this proposed rule is to protect spawning snapper-
grouper species and their spawning habitat, and to reduce bycatch and 
bycatch mortality for snapper-grouper species, including speckled hind 
and warsaw grouper.

DATES: Written comments on the proposed rule must be received by 
February 17, 2017.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0153,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0153, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Frank Helies, NMFS 
Southeast Regional Office, 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 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).

Background

    The Council developed Amendment 36 to protect spawning snapper-
grouper species and their spawning habitat by prohibiting fishing for 
or harvest of snapper-grouper species in certain areas year-round in 
Federal waters of the South Atlantic. Areas designated for protection 
would include habitat characteristics, bottom topography (hard and live 
bottom), and currents that provide essential fish habitat important for 
spawning snapper-grouper species. The Council determined that 
protecting spawning snapper-grouper and their associated habitats would 
allow these species to produce more larvae, and may subsequently 
increase snapper-grouper populations.
    The Council also developed Amendment 36 to reduce bycatch and 
bycatch mortality of snapper-grouper species, including speckled hind 
and warsaw grouper. The snapper-grouper fishery in the South Atlantic 
is a highly regulated, multi-species fishery. Discards in the fishery 
can occur due to regulations, such as closed seasons, possession or 
size limits, or from catch and release of these species. For snapper-
grouper species prohibited from harvest, such as speckled hind and 
warsaw grouper, fish discarded due to regulations are considered 
bycatch. The deep-water snapper-grouper species are further impacted 
due to high discard mortality rates (low survivability due to 
barotrauma). The Council concluded that prohibiting the use of certain 
fishing gear in specified areas where snapper-grouper are known to 
occur and possibly spawn would reduce encounters with these species and 
subsequently provide protection for reproduction. Spawning SMZs could 
provide long-term beneficial biological and socio-economic effects if 
spawning fish are sufficiently protected.
    The Council has identified a total of five areas proposed to be 
considered as spawning SMZs in the South Atlantic off North Carolina, 
South Carolina, and Florida. These areas have been identified based on 
the documented occurrence of snapper-grouper species and analysis of 
spawning data, recommendations from the Council's MPA Expert Work Group 
and Snapper-Grouper Advisory Panel, as well as cooperative research and 
public recommendations.
    Amendment 36 also contains a 10-year sunset provision that would 
apply to most of the proposed spawning SMZs. The sunset provision would 
allow for most of the spawning SMZs to expire 10 years following the 
implementation date unless they are renewed. When deciding whether to 
renew a spawning SMZ, the Council may consider the evidence of spawning 
by snapper-grouper species in the spawning SMZ and whether a spawning 
SMZ is being monitored. The Council concluded that a 10-year sunset

[[Page 5513]]

provision would help to ensure that spawning SMZs are monitored and 
evaluated during this period to document snapper-grouper spawning 
within the sites.
    The Council developed a system management plan (SMP) for the 
spawning SMZs proposed in Amendment 36. The SMP describes in detail the 
monitoring and evaluation requirements for the proposed spawning SMZs. 
The Council recognizes that monitoring the proposed spawning SMZs by 
academic, state, or NMFS personnel is necessary to evaluate their 
effectiveness. Therefore, the SMP outlines the potential monitoring 
partners and their roles.
    In addition to the spawning SMZs proposed for a similar purpose 
through Amendment 36, the Council originally designated the Charleston 
Deep Artificial Reef MPA, located off South Carolina, in Amendment 14 
to the Snapper-Grouper FMP (74 FR 1621, January 13, 2009) to add 
protected snapper-grouper habitat and contribute to adding fish 
biomass. Recently, the State of South Carolina worked with the U.S. 
Army Corps of Engineers to modify the boundary of this site to include 
additional substrate material that was sunk by the state in the area of 
this MPA. The State of South Carolina requested the Council shift the 
boundary of the existing Charleston Deep Artificial Reef MPA to match 
the new boundary of the artificial reef site. This proposed rule would 
align the Charleston Deep Artificial Reef MPA boundary with the site 
permitted by the U.S. Army Corps of Engineers, while retaining the size 
of the current MPA. This proposed rule would move the existing boundary 
around the Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) to the 
northwest.

Management Measures Contained in This Proposed Rule

    This proposed rule would modify the FMP framework procedures to 
allow spawning SMZs to be established or modified through the framework 
process; establish spawning SMZs off North Carolina, South Carolina, 
and Florida; establish transit and anchoring provisions in the spawning 
SMZs; establish a sunset provision for most of the spawning SMZs; and 
move 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

    Amending the FMP can require more detailed analyses and requires a 
lengthier prescribed timeline prior to implementation. However, 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). Currently, SMZs cannot be 
modified under the framework process, so any changes to SMZs are 
required to be done through an FMP amendment. In Amendment 36 and this 
proposed rule, the Council has decided to include changes to spawning 
SMZs, such as boundary modifications and the establishment or removal 
of spawning SMZs, under the framework process. For example, this 
proposed rule would allow the Council to remove a spawning SMZ if 
monitoring efforts do not document evidence of spawning snapper-grouper 
species within the boundary. The proposed revisions to the FMP 
framework procedures would also allow the Council to remove the 
proposed 10-year sunset provision for a proposed spawning SMZ if 
monitoring efforts document snapper-grouper species' spawning inside a 
spawning SMZ. The Council has 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 has 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 existing South Atlantic SMZs restrict the use of certain 
fishing gear in areas including artificial reefs, fish attraction 
devices, and other modified areas of habitat for fishing (50 CFR 
622.182). Possession limits can also be regulated in SMZs. The original 
FMP established SMZs for artificial reefs to restrict certain fishing 
gear on artificial reefs (48 FR 49463, August 31, 1983). Currently, 
there are no spawning SMZs for snapper-grouper in the South Atlantic. 
The Council is proposing to establish five snapper-grouper spawning 
SMZs in the South Atlantic off North Carolina, South Carolina, and 
Florida. The proposed spawning SMZ off North Carolina would be called 
South Cape Lookout (5.1 sq mi; 13.2 sq km). The Council is proposing 
three spawning SMZs off South Carolina that would be 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 
proposed spawning SMZ off the east coast of the Florida Keys would be 
called Warsaw Hole/50 Fathom Hole (3.64 sq mi; 9.4 sq km).
    This proposed rule would prohibit fishing for or harvest of 
snapper-grouper species year-round in the proposed spawning SMZs. 
Certain other activities in the spawning SMZs would be restricted, 
including transiting with snapper-grouper species on board and 
anchoring.
    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 would 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 provide more larvae into 
the environment. Spawning SMZs would also allow opportunities to 
monitor population changes in snapper-grouper species and further 
refine protection of spawning habitat.

Establish Transit and Anchoring Provisions in Spawning SMZs

    This proposed rule would allow vessels to transit through the 
proposed spawning SMZs with snapper-grouper species on board 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 would 
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. 
Vessels in the spawning SMZs would be prohibited from fishing for, 
harvest, or possession of snapper-grouper species year-round in these 
areas. Except for the experimental artificial reefs Area 51 and Area 53 
off South Carolina, persons on board a fishing vessel would not be 
allowed to anchor, use an anchor or chain, or use a grapple and chain 
while in spawning SMZs. Fishermen would continue to be allowed to troll 
for pelagic species such as dolphin, tuna, and billfish in spawning 
SMZs.

[[Page 5514]]

Establish a Sunset Provision for Most Spawning SMZs

    This proposed rule would implement 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. Thus, 
except for the latter two areas, the proposed spawning SMZs and their 
associated management measures would be effective for 10 years 
following the implementation of a final rule for Amendment 36. For the 
proposed spawning SMZs and management measures subject to the sunset 
provision to extend beyond 10 years, the Council would need to evaluate 
the effectiveness of the spawning SMZs for conserving and protecting 
spawning snapper-grouper species, and subsequently take further action. 
The Council will regularly evaluate all of the spawning SMZs over the 
10-year period. They concluded that this period was an appropriate 
timeframe to monitor the sites and determine whether a sufficient level 
of spawning by snapper-grouper species occurs to justify continued 
protection as spawning SMZs.

Move the Existing Charleston Deep Artificial Reef MPA

    This proposed rule would move 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 proposed rule would not change the size of the 
existing MPA. The Council originally designated the current area as an 
artificial reef site in Amendment 14. 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 has 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 in This Proposed 
Rule

    In addition to the management measures that this proposed rule 
would implement, Amendment 36 includes an action to modify the SMZ 
procedures in the FMP to allow for the designation of spawning SMZs. 
The Council would 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. Furthermore, the Council 
concluded that the designation of spawning SMZ sites in this proposed 
rule, and subsequent changes to regulations, would enhance reproduction 
for snapper-grouper species and thus increase the number of larvae that 
are produced by the species.

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 Amendment 36, 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 
certifies 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 determination is as follows:
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble 
and in the SUMMARY section of the preamble. The Magnuson-Stevens Act 
provides the statutory basis for this proposed rule.
    This proposed rule would apply to all federally-permitted 
commercial vessels, federally-permitted charter vessels and headboats 
(for-hire vessels), and private recreational anglers that fish for or 
harvest any of the species managed under the FMP in Federal waters. The 
RFA does not consider recreational anglers to be small entities, thus 
they are outside the scope of this analysis; only the effects on 
commercial and for-hire vessels will be analyzed.
    As of May 25, 2016, there were 552 valid or renewable Federal South 
Atlantic snapper-grouper unlimited permits and 116 valid or renewable 
225-lb (102.1-kg) trip-limited permits. Each of these commercial 
permits is associated with an individual vessel. Data from the years of 
2010 through 2014 were used in Amendment 36 and these data provided the 
basis for the Council's decision. Although this proposed rule would 
apply to all commercial snapper-grouper Federal permit holders, it is 
expected that the vessels that harvest the species NMFS assumes to be 
most commonly harvested within the proposed spawning SMZ areas would be 
most likely to be affected. These species include red porgy, vermilion 
snapper, scamp, greater amberjack, blueline tilefish, gag, and red 
grouper. On average from 2010 through 2014, there were 438 federally-
permitted commercial vessels with reported landings of one or more of 
these species. Their average annual vessel-level revenue from all 
species for 2010 through 2014 was approximately $47,000 (2014 dollars). 
In 2014, the maximum annual revenue reported by a single one of these 
vessels was approximately $1 million (2014 dollars).
    As of May 25, 2016, there were 1,502 valid Federal charter vessel/
headboat (for-hire) permits for South Atlantic snapper-grouper. 
Although the for-hire permit application collects information on the 
primary method of operation, the permit itself does not identify the 
permitted vessel as either a charter vessel or a headboat and vessels 
may operate in both capacities. However, only federally-permitted 
headboats are required to submit harvest and effort information to the 
NMFS Southeast Region Headboat Survey (SRHS). Participation in the SRHS 
is based on determination by the Southeast Fishery Science Center that 
the vessel primarily operates as a headboat. As of February 22, 2016, 
73 South Atlantic headboats were registered in the SRHS. As a result, 
the estimated 1,502 for-hire vessels that may be affected by this 
proposed rule are expected to consist of 1,429 charter vessels and 73 
headboats. The average charter vessel is estimated to receive 
approximately $117,000 (2014 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $207,000 (2014 dollars) 
in annual revenue.
    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 of the commercial vessels directly 
regulated by this proposed rule are believed to be small entities based 
on the NMFS size standard.
    The SBA has established size standards for all major industry 
sectors in the U.S. including for-hire businesses (NAICS code 487210). 
A business

[[Page 5515]]

primarily involved in the for-hire fishing industry 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 $7.5 million for all its 
affiliated operations worldwide. All of the for-hire vessels directly 
regulated by this proposed rule are believed to be small entities based 
on the SBA size criteria.
    No other small entities that would be directly affected by this 
proposed rule have been identified.
    There are currently 668 commercial vessels eligible to fish for the 
snapper-grouper species managed under the FMP. Based on the analysis 
included in Amendment 36, NMFS expects 438 of these vessels would be 
affected by this proposed rule (approximately 66 percent). In addition, 
there are 1,502 for-hire vessels eligible to fish for snapper-grouper 
species, all of which have the potential to be affected by this 
proposed rule. Because all of these commercial and for-hire fishing 
businesses are believed to be small entities, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    Amendment 36 would modify the SMZ procedures in the FMP to include 
protection of any area important for snapper-grouper spawning, 
including natural habitat, by designating spawning SMZs. Amendment 36 
and this proposed rule would also modify the framework procedures for 
the FMP to include modifying or establishing spawning SMZs. These 
procedural changes would allow the Council to create or modify spawning 
SMZs, including areas of natural habitat, under the FMP framework 
process. However, the procedural changes to allow the Council to create 
or modify spawning SMZs would not directly regulate, nor restrict 
access to specific fishing grounds. As such, they would not be expected 
to directly affect the small entities identified in this analysis.
    In addition to the procedural changes described above, this 
proposed rule would create specific spawning SMZs off North Carolina, 
South Carolina, and the east coast of Florida. Within each proposed 
spawning SMZ, fishing for, harvest, or possession of snapper-grouper 
species would be prohibited year-round. In addition, this proposed rule 
would move the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 
km) to the northwest to match the boundary of the U.S. Army Corps of 
Engineers' permitted artificial reef area. The size of the MPA would 
remain the same. No spawning SMZ would be designated off Georgia. This 
proposed rule would allow vessels in possession of snapper-grouper 
species to transit through spawning SMZs as long as their fishing gear 
is properly stowed; however, anchoring would be prohibited in all 
spawning SMZs, except for Area 51 and Area 53.
    The proposed 5.1-sq mi (13.2-sq km) South Cape Lookout Spawning SMZ 
off North Carolina is estimated to result in an annual decrease in 
total commercial ex-vessel revenues of $588 (2014 dollars), assuming 
commercial vessels are unable to substitute landings from other areas. 
The proposed 3.03-sq mi (7.8-sq km) Devil's Hole/Georgetown Hole 
Spawning SMZ off South Carolina is estimated to result in an annual 
decrease in total ex-vessel revenue of $86 (2014 dollars) using the 
same assumptions. Designation of the artificial reef sites, Area 51 and 
Area 53 (each 2.99 sq mi, 7.8 sq km), off South Carolina as spawning 
SMZs is not expected to affect ex-vessel revenue, because these 
artificial habitat locations were previously undisclosed to the public, 
and it is assumed there is very little fishing activity occurring 
there. The 3.6-sq mi (9.4-sq km) Warsaw Hole/50 Fathom Hole Spawning 
SMZ off the east coast of Florida is estimated to reduce total annual 
ex-vessel revenue by $931 (2014 dollars). Again, this estimate assumes 
that commercial vessels will not substitute landings from other areas 
for the landings that are displaced by the spawning SMZs. For the 
proposed change to the Charleston Deep Artificial Reef MPA, because the 
size of the MPA would remain the same and there is little known fishing 
effort occurring near the existing MPA boundary, it is not expected to 
have a measurable effect on commercial ex-vessel revenue.
    When all of the proposed spawning SMZs are analyzed together, they 
are estimated to result in an annual decrease in ex-vessel revenue of 
$1,605 (2014 dollars). Divided across all of the commercial vessels 
expected to be affected by this proposed rule, this would result in a 
per-vessel annual decrease of only $4. Even if the entire estimated 
reduction in revenue was borne by a single commercial vessel, it would 
represent a less than 4 percent reduction in total ex-vessel revenue on 
average. The model employed in this analysis assumed uniformly 
distributed effort within each logbook-reported area and did not 
account for potential redistribution of effort after each closure. If 
fishermen are harvesting species within the proposed spawning SMZ areas 
at a much higher rate than elsewhere in the South Atlantic, the effects 
of these closures on ex-vessel revenue could be more substantial. 
Nevertheless, based on the small size of each area and the high 
likelihood that commercial vessels would substitute landings in other 
areas, it is assumed that any reduction in ex-vessel revenue from this 
proposed rule would be minimal. Also, because transit would be 
permitted through the spawning SMZs, any impact to travel costs 
resulting from the proposed rule is expected to be minimal as well. 
Finally, because commercial vessels would not be allowed to fish for 
snapper-grouper species in the spawning SMZs, the prohibition on 
anchoring would not be expected to result in any additional adverse 
economic effects.
    With respect to for-hire businesses, the spawning SMZs in this 
proposed rule would place restrictions on where charter vessels and 
headboats can take paying customers but would not directly alter the 
services sold by these vessels. Therefore, direct effects on for-hire 
vessels resulting from this proposed rule would be limited to potential 
increases in travel time and fuel consumption from having to change 
their usual fishing locations, travel around the proposed spawning 
SMZs, or transit through them with their gear properly stowed. Because 
of the small size of the proposed spawning SMZs relative to all 
available fishing grounds, their substantial distance from shore, and 
the negligible amount of harvest from for-hire vessels estimated to 
occur in those areas, this proposed rule is not expected to have a 
measurable effect on for-hire vessel costs. With respect to potential 
changes in for-hire revenue, any impact that results from the proposed 
spawning SMZs would be a consequence of a change in recreational angler 
demand for for-hire services and, therefore, an indirect effect of the 
proposed rule. Because these potential revenue effects are indirect, 
they fall outside the scope of the RFA.
    Finally, the sunset provision contained in this proposed rule would 
remove most of the spawning SMZs 10 years after implementation if not 
reauthorized by the Council, except for the Area 51 and Area 53 
Spawning SMZs, which would remain. Although this sunset provision sets 
a deadline for evaluating the success of spawning SMZs and 
reauthorizing them, it is not expected to directly influence the 
duration of each spawning SMZ, because the Council would have the 
authority to modify the spawning SMZs at any time through the FMP 
framework procedures as described in this proposed rule. Therefore, the 
sunset provision would not be expected to

[[Page 5516]]

directly affect commercial or for-hire fishing businesses.
    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.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Marine protected area, South Atlantic, Special 
management zone.

    Dated: January 10, 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.  622.183, 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 [date 10 years and 30 days from the publication of the 
final rule in the Federal Register]. 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:

------------------------------------------------------------------------
              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]33.220'.
B...............................  32[deg]34.311'....  78[deg]34.996'.
C...............................  32[deg]32.748'....  78[deg]34.996'.
D...............................  32[deg]32.748'....  78[deg]33.220'.
A...............................  32[deg]34.311'....  78[deg]33.220'.
------------------------------------------------------------------------

    (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:

------------------------------------------------------------------------
             Points                   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 stowedmeans--
    (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

[[Page 5517]]

HAPCs, and establish or modify spawning SMZs.
* * * * *
[FR Doc. 2017-00859 Filed 1-13-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                    5512                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    States may not be used to target, retain                DATES:  Written comments on the                        year-round in Federal waters of the
                                                    on board, transship, or land Pacific                    proposed rule must be received by                      South Atlantic. Areas designated for
                                                    bluefin tuna captured in the Convention                 February 17, 2017.                                     protection would include habitat
                                                    Area, with the exception that any                       ADDRESSES: You may submit comments                     characteristics, bottom topography (hard
                                                    Pacific bluefin tuna already on board a                 on the proposed rule, identified by                    and live bottom), and currents that
                                                    fishing vessel on the effective date of the             ‘‘NOAA–NMFS–2016–0153,’’ by either                     provide essential fish habitat important
                                                    notice may be retained on board,                        of the following methods:                              for spawning snapper-grouper species.
                                                    transshipped, and/or landed, to the                        • Electronic submission: Submit all                 The Council determined that protecting
                                                    extent authorized by applicable laws                    electronic public comments via the                     spawning snapper-grouper and their
                                                    and regulations, provided such Pacific                  Federal e-Rulemaking Portal. Go to                     associated habitats would allow these
                                                    bluefin tuna is landed within 14 days                   www.regulations.gov/                                   species to produce more larvae, and
                                                    after the effective date published in the               #!docketDetail;D=NOAA–NMFS–2016–                       may subsequently increase snapper-
                                                    fishing closure notice.                                 0153, click the ‘‘Comment Now!’’ icon,                 grouper populations.
                                                    *      *     *    *     *                               complete the required fields, and enter                   The Council also developed
                                                    [FR Doc. 2017–00623 Filed 1–13–17; 4:15 pm]             or attach your comments.                               Amendment 36 to reduce bycatch and
                                                    BILLING CODE 3510–22–P                                     • Mail: Submit written comments to                  bycatch mortality of snapper-grouper
                                                                                                            Frank Helies, NMFS Southeast Regional                  species, including speckled hind and
                                                                                                            Office, 263 13th Avenue South, St.                     warsaw grouper. The snapper-grouper
                                                    DEPARTMENT OF COMMERCE                                  Petersburg, FL 33701.                                  fishery in the South Atlantic is a highly
                                                                                                               Instructions: Comments sent by any                  regulated, multi-species fishery.
                                                    National Oceanic and Atmospheric                        other method, to any other address or                  Discards in the fishery can occur due to
                                                    Administration                                          individual, or received after the end of               regulations, such as closed seasons,
                                                                                                            the comment period, may not be                         possession or size limits, or from catch
                                                    50 CFR Part 622                                         considered by NMFS. All comments                       and release of these species. For
                                                                                                            received are a part of the public record               snapper-grouper species prohibited
                                                    [Docket No. 161020986–7012–01]                          and will generally be posted for public                from harvest, such as speckled hind and
                                                                                                            viewing on www.regulations.gov                         warsaw grouper, fish discarded due to
                                                                                                            without change. All personal identifying               regulations are considered bycatch. The
                                                    RIN 0648–BG38                                                                                                  deep-water snapper-grouper species are
                                                                                                            information (e.g., name, address, etc.),
                                                                                                            confidential business information, or                  further impacted due to high discard
                                                    Fisheries of the Caribbean, Gulf of
                                                                                                            otherwise sensitive information                        mortality rates (low survivability due to
                                                    Mexico, and South Atlantic; Snapper-
                                                                                                            submitted voluntarily by the sender will               barotrauma). The Council concluded
                                                    Grouper Fishery of the South Atlantic
                                                                                                            be publicly accessible. NMFS will                      that prohibiting the use of certain
                                                    Region; Amendment 36
                                                                                                            accept anonymous comments (enter ‘‘N/                  fishing gear in specified areas where
                                                    AGENCY:  National Marine Fisheries                                                                             snapper-grouper are known to occur and
                                                                                                            A’’ in required fields if you wish to
                                                    Service (NMFS), National Oceanic and                                                                           possibly spawn would reduce
                                                                                                            remain anonymous).
                                                    Atmospheric Administration (NOAA),                         Electronic copies of Amendment 36                   encounters with these species and
                                                    Commerce.                                               may be obtained from                                   subsequently provide protection for
                                                                                                                                                                   reproduction. Spawning SMZs could
                                                          Proposed rule; request for
                                                    ACTION:                                                 www.regulations.gov or the Southeast
                                                                                                                                                                   provide long-term beneficial biological
                                                    comments.                                               Regional Office Web site at http://
                                                                                                                                                                   and socio-economic effects if spawning
                                                                                                            sero.nmfs.noaa.gov. Amendment 36
                                                                                                                                                                   fish are sufficiently protected.
                                                    SUMMARY:   NMFS proposes regulations to                 includes an environmental assessment,                     The Council has identified a total of
                                                    implement Amendment 36 to the                           Regulatory Flexibility Act (RFA)                       five areas proposed to be considered as
                                                    Fishery Management Plan (FMP) for the                   analysis, regulatory impact review, and                spawning SMZs in the South Atlantic
                                                    Snapper-Grouper Fishery of the South                    fishery impact statement.                              off North Carolina, South Carolina, and
                                                    Atlantic Region as prepared and                         FOR FURTHER INFORMATION CONTACT:                       Florida. These areas have been
                                                    submitted by the South Atlantic Fishery                 Frank Helies, NMFS Southeast Regional                  identified based on the documented
                                                    Management Council (Council). If                        Office, telephone: 727–824–5305, or                    occurrence of snapper-grouper species
                                                    implemented, this proposed rule would                   email: frank.helies@noaa.gov.                          and analysis of spawning data,
                                                    modify the FMP framework procedures                     SUPPLEMENTARY INFORMATION: The                         recommendations from the Council’s
                                                    to allow spawning special management                    snapper-grouper fishery in the South                   MPA Expert Work Group and Snapper-
                                                    zones (SMZs) to be established or                       Atlantic region is managed under the                   Grouper Advisory Panel, as well as
                                                    modified through the framework                          FMP and includes speckled hind and                     cooperative research and public
                                                    process; establish spawning SMZs off                    warsaw grouper, along with other                       recommendations.
                                                    North Carolina, South Carolina, and                     snapper-grouper species. The FMP was                      Amendment 36 also contains a 10-
                                                    Florida; establish transit and anchoring                prepared by the Council and is                         year sunset provision that would apply
                                                    provisions in the spawning SMZs; and                    implemented by NMFS through                            to most of the proposed spawning
                                                    establish a sunset provision for most of                regulations at 50 CFR part 622 under the               SMZs. The sunset provision would
                                                    the spawning SMZs. This proposed rule                   authority of the Magnuson-Stevens                      allow for most of the spawning SMZs to
                                                    would also move the boundary of the                     Fishery Conservation and Management                    expire 10 years following the
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                                                    existing Charleston Deep Artificial Reef                Act (Magnuson-Stevens Act).                            implementation date unless they are
                                                    Marine Protected Area (MPA). The                                                                               renewed. When deciding whether to
                                                    purpose of this proposed rule is to                     Background                                             renew a spawning SMZ, the Council
                                                    protect spawning snapper-grouper                          The Council developed Amendment                      may consider the evidence of spawning
                                                    species and their spawning habitat, and                 36 to protect spawning snapper-grouper                 by snapper-grouper species in the
                                                    to reduce bycatch and bycatch mortality                 species and their spawning habitat by                  spawning SMZ and whether a spawning
                                                    for snapper-grouper species, including                  prohibiting fishing for or harvest of                  SMZ is being monitored. The Council
                                                    speckled hind and warsaw grouper.                       snapper-grouper species in certain areas               concluded that a 10-year sunset


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                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                            5513

                                                    provision would help to ensure that                     implementation. However, the current                   km). The proposed spawning SMZ off
                                                    spawning SMZs are monitored and                         FMP contains framework procedures to                   the east coast of the Florida Keys would
                                                    evaluated during this period to                         allow the Council to modify certain                    be called Warsaw Hole/50 Fathom Hole
                                                    document snapper-grouper spawning                       management measures, such as annual                    (3.64 sq mi; 9.4 sq km).
                                                    within the sites.                                       catch limits and other management                         This proposed rule would prohibit
                                                       The Council developed a system                       measures, via an expedited process (see                fishing for or harvest of snapper-grouper
                                                    management plan (SMP) for the                           50 CFR 622.194; 56 FR 56016, October                   species year-round in the proposed
                                                    spawning SMZs proposed in                               31, 1991). Currently, SMZs cannot be                   spawning SMZs. Certain other activities
                                                    Amendment 36. The SMP describes in                      modified under the framework process,                  in the spawning SMZs would be
                                                    detail the monitoring and evaluation                    so any changes to SMZs are required to                 restricted, including transiting with
                                                    requirements for the proposed spawning                  be done through an FMP amendment. In                   snapper-grouper species on board and
                                                    SMZs. The Council recognizes that                       Amendment 36 and this proposed rule,                   anchoring.
                                                    monitoring the proposed spawning                        the Council has decided to include                        Another purpose of spawning SMZs is
                                                    SMZs by academic, state, or NMFS                        changes to spawning SMZs, such as                      to reduce bycatch and bycatch mortality
                                                    personnel is necessary to evaluate their                boundary modifications and the                         of snapper-grouper species, including
                                                    effectiveness. Therefore, the SMP                       establishment or removal of spawning                   speckled hind and warsaw grouper.
                                                    outlines the potential monitoring                       SMZs, under the framework process.                     Currently, retention of speckled hind
                                                    partners and their roles.                               For example, this proposed rule would                  and warsaw grouper is prohibited in
                                                       In addition to the spawning SMZs                     allow the Council to remove a spawning                 Federal waters in the South Atlantic.
                                                    proposed for a similar purpose through                  SMZ if monitoring efforts do not                       Prohibiting the targeting or harvest of
                                                    Amendment 36, the Council originally                    document evidence of spawning                          snapper-grouper species in specified
                                                    designated the Charleston Deep                          snapper-grouper species within the
                                                    Artificial Reef MPA, located off South                                                                         areas where these species are known to
                                                                                                            boundary. The proposed revisions to the                occur and possibly spawn would reduce
                                                    Carolina, in Amendment 14 to the                        FMP framework procedures would also
                                                    Snapper-Grouper FMP (74 FR 1621,                                                                               encounters with these deep-water
                                                                                                            allow the Council to remove the                        species and provide protection for
                                                    January 13, 2009) to add protected                      proposed 10-year sunset provision for a
                                                    snapper-grouper habitat and contribute                                                                         reproduction. The Council concluded
                                                                                                            proposed spawning SMZ if monitoring
                                                    to adding fish biomass. Recently, the                                                                          that protecting snapper-grouper species
                                                                                                            efforts document snapper-grouper
                                                    State of South Carolina worked with the                                                                        within the spawning SMZs could
                                                                                                            species’ spawning inside a spawning
                                                    U.S. Army Corps of Engineers to modify                                                                         enhance the opportunity for these
                                                                                                            SMZ. The Council has decided that
                                                    the boundary of this site to include                                                                           species to reproduce and provide more
                                                                                                            changing spawning SMZs through an
                                                    additional substrate material that was                                                                         larvae into the environment. Spawning
                                                                                                            expedited process can have beneficial
                                                    sunk by the state in the area of this                                                                          SMZs would also allow opportunities to
                                                                                                            biological and socio-economic impacts,
                                                    MPA. The State of South Carolina                                                                               monitor population changes in snapper-
                                                                                                            especially if the changes respond to
                                                    requested the Council shift the                                                                                grouper species and further refine
                                                                                                            newer information, such as spawning
                                                    boundary of the existing Charleston                                                                            protection of spawning habitat.
                                                                                                            locations for snapper-grouper species.
                                                    Deep Artificial Reef MPA to match the                   The Council has concluded that the                     Establish Transit and Anchoring
                                                    new boundary of the artificial reef site.               framework process will allow adequate                  Provisions in Spawning SMZs
                                                    This proposed rule would align the                      time for the public to comment on any
                                                    Charleston Deep Artificial Reef MPA                     proposed change related to a spawning                     This proposed rule would allow
                                                    boundary with the site permitted by the                 SMZ.                                                   vessels to transit through the proposed
                                                    U.S. Army Corps of Engineers, while                                                                            spawning SMZs with snapper-grouper
                                                                                                            Establish Spawning SMZs Off North                      species on board when fishing gear is
                                                    retaining the size of the current MPA.
                                                                                                            Carolina, South Carolina, and Florida                  properly stowed. ‘‘Properly stowed’’
                                                    This proposed rule would move the
                                                    existing boundary around the                               The existing South Atlantic SMZs                    means that trawl or try nets and the
                                                    Charleston Deep Artificial Reef MPA 1.4                 restrict the use of certain fishing gear in            attached doors must be out of the water,
                                                    mi (2.3 km) to the northwest.                           areas including artificial reefs, fish                 but would not be required to be on deck
                                                                                                            attraction devices, and other modified                 or secured below deck. Terminal gear
                                                    Management Measures Contained in                        areas of habitat for fishing (50 CFR                   (hook, leader, sinker, flasher, or bait)
                                                    This Proposed Rule                                      622.182). Possession limits can also be                used with automatic reels, bandit gear,
                                                      This proposed rule would modify the                   regulated in SMZs. The original FMP                    buoy gear, handline, or rod and reel
                                                    FMP framework procedures to allow                       established SMZs for artificial reefs to               would have to be disconnected and
                                                    spawning SMZs to be established or                      restrict certain fishing gear on artificial            stowed separately from such fishing
                                                    modified through the framework                          reefs (48 FR 49463, August 31, 1983).                  gear and sinkers would have to be
                                                    process; establish spawning SMZs off                    Currently, there are no spawning SMZs                  disconnected from down riggers and
                                                    North Carolina, South Carolina, and                     for snapper-grouper in the South                       stowed separately. Vessels in the
                                                    Florida; establish transit and anchoring                Atlantic. The Council is proposing to                  spawning SMZs would be prohibited
                                                    provisions in the spawning SMZs;                        establish five snapper-grouper spawning                from fishing for, harvest, or possession
                                                    establish a sunset provision for most of                SMZs in the South Atlantic off North                   of snapper-grouper species year-round
                                                    the spawning SMZs; and move the                         Carolina, South Carolina, and Florida.                 in these areas. Except for the
                                                    existing Charleston Deep Artificial Reef                The proposed spawning SMZ off North                    experimental artificial reefs Area 51 and
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                                                    MPA 1.4 mi (2.3 km) northwest to                        Carolina would be called South Cape                    Area 53 off South Carolina, persons on
                                                    match the permitted site boundary.                      Lookout (5.1 sq mi; 13.2 sq km). The                   board a fishing vessel would not be
                                                                                                            Council is proposing three spawning                    allowed to anchor, use an anchor or
                                                    Modify the FMP Framework Procedures                     SMZs off South Carolina that would be                  chain, or use a grapple and chain while
                                                    for Spawning SMZs                                       called Devil’s Hole/Georgetown Hole                    in spawning SMZs. Fishermen would
                                                      Amending the FMP can require more                     (3.03 sq mi; 7.8 sq km), Area 51                       continue to be allowed to troll for
                                                    detailed analyses and requires a                        (approximately 3 sq mi; 7.8 sq km), and                pelagic species such as dolphin, tuna,
                                                    lengthier prescribed timeline prior to                  Area 53 (approximately 3 sq mi; 7.8 sq                 and billfish in spawning SMZs.


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                                                    5514                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    Establish a Sunset Provision for Most                   species. The Council concluded that                    harvested within the proposed
                                                    Spawning SMZs                                           designating areas as spawning SMZs is                  spawning SMZ areas would be most
                                                       This proposed rule would implement                   important to protect snapper-grouper                   likely to be affected. These species
                                                    a 10-year sunset provision for the                      species and habitat where snapper-                     include red porgy, vermilion snapper,
                                                    establishment of the spawning SMZs,                     grouper species spawn. Furthermore,                    scamp, greater amberjack, blueline
                                                                                                            the Council concluded that the                         tilefish, gag, and red grouper. On
                                                    except for the Area 51 and Area 53
                                                                                                            designation of spawning SMZ sites in                   average from 2010 through 2014, there
                                                    Spawning SMZs, which will remain in
                                                                                                            this proposed rule, and subsequent                     were 438 federally-permitted
                                                    effect indefinitely. Thus, except for the
                                                                                                            changes to regulations, would enhance                  commercial vessels with reported
                                                    latter two areas, the proposed spawning
                                                                                                            reproduction for snapper-grouper                       landings of one or more of these species.
                                                    SMZs and their associated management
                                                                                                            species and thus increase the number of                Their average annual vessel-level
                                                    measures would be effective for 10 years
                                                                                                            larvae that are produced by the species.               revenue from all species for 2010
                                                    following the implementation of a final
                                                                                                                                                                   through 2014 was approximately
                                                    rule for Amendment 36. For the                          Classification
                                                                                                                                                                   $47,000 (2014 dollars). In 2014, the
                                                    proposed spawning SMZs and                                Pursuant to section 304(b)(1)(A) of the              maximum annual revenue reported by a
                                                    management measures subject to the                      Magnuson-Stevens Act, the NMFS                         single one of these vessels was
                                                    sunset provision to extend beyond 10                    Assistant Administrator has determined                 approximately $1 million (2014 dollars).
                                                    years, the Council would need to                        that this proposed rule is consistent                     As of May 25, 2016, there were 1,502
                                                    evaluate the effectiveness of the                       with Amendment 36, the FMP, the                        valid Federal charter vessel/headboat
                                                    spawning SMZs for conserving and                        Magnuson-Stevens Act, and other                        (for-hire) permits for South Atlantic
                                                    protecting spawning snapper-grouper                     applicable law, subject to further                     snapper-grouper. Although the for-hire
                                                    species, and subsequently take further                  consideration after public comment.                    permit application collects information
                                                    action. The Council will regularly                        This proposed rule has been                          on the primary method of operation, the
                                                    evaluate all of the spawning SMZs over                  determined to be not significant for                   permit itself does not identify the
                                                    the 10-year period. They concluded that                 purposes of Executive Order 12866.                     permitted vessel as either a charter
                                                    this period was an appropriate                            The Chief Counsel for Regulation of                  vessel or a headboat and vessels may
                                                    timeframe to monitor the sites and                      the Department of Commerce certifies to                operate in both capacities. However,
                                                    determine whether a sufficient level of                 the Chief Counsel for Advocacy of the                  only federally-permitted headboats are
                                                    spawning by snapper-grouper species                     Small Business Administration (SBA)                    required to submit harvest and effort
                                                    occurs to justify continued protection as               that this proposed rule, if adopted,                   information to the NMFS Southeast
                                                    spawning SMZs.                                          would not have a significant economic                  Region Headboat Survey (SRHS).
                                                                                                            impact on a substantial number of small                Participation in the SRHS is based on
                                                    Move the Existing Charleston Deep
                                                                                                            entities. The factual basis for this                   determination by the Southeast Fishery
                                                    Artificial Reef MPA
                                                                                                            determination is as follows:                           Science Center that the vessel primarily
                                                      This proposed rule would move the                       A description of this proposed rule,                 operates as a headboat. As of February
                                                    existing Charleston Deep Artificial Reef                why it is being considered, and the                    22, 2016, 73 South Atlantic headboats
                                                    MPA 1.4 mi (2.3 km) northwest to                        objectives of this proposed rule are                   were registered in the SRHS. As a result,
                                                    match the boundary of the U.S. Army                     contained in the preamble and in the                   the estimated 1,502 for-hire vessels that
                                                    Corps of Engineers’ permitted artificial                SUMMARY section of the preamble. The                   may be affected by this proposed rule
                                                    reef area at that location. This proposed               Magnuson-Stevens Act provides the                      are expected to consist of 1,429 charter
                                                    rule would not change the size of the                   statutory basis for this proposed rule.                vessels and 73 headboats. The average
                                                    existing MPA. The Council originally                      This proposed rule would apply to all                charter vessel is estimated to receive
                                                    designated the current area as an                       federally-permitted commercial vessels,                approximately $117,000 (2014 dollars)
                                                    artificial reef site in Amendment 14.                   federally-permitted charter vessels and                in annual revenue. The average
                                                    The State of South Carolina has worked                  headboats (for-hire vessels), and private              headboat is estimated to receive
                                                    with the U.S. Army Corps of Engineers                   recreational anglers that fish for or                  approximately $207,000 (2014 dollars)
                                                    to modify the boundary of this site to                  harvest any of the species managed                     in annual revenue.
                                                    include material recently sunk by the                   under the FMP in Federal waters. The                      For RFA purposes only, NMFS has
                                                    state in the area and has requested that                RFA does not consider recreational                     established a small business size
                                                    the Council shift their boundary of the                 anglers to be small entities, thus they                standard for businesses, including their
                                                    existing Charleston Deep Artificial Reef                are outside the scope of this analysis;                affiliates, whose primary industry is
                                                    MPA to match the new boundary of the                    only the effects on commercial and for-                commercial fishing (see 50 CFR 200.2).
                                                    U.S. Army Corps of Engineers’                           hire vessels will be analyzed.                         A business primarily engaged in
                                                    permitted artificial reef area.                           As of May 25, 2016, there were 552                   commercial fishing (NAICS code 11411)
                                                                                                            valid or renewable Federal South                       is classified as a small business if it is
                                                    Management Measure Contained in                         Atlantic snapper-grouper unlimited                     independently owned and operated, is
                                                    Amendment 36 but Not in This                            permits and 116 valid or renewable 225-                not dominant in its field of operation
                                                    Proposed Rule                                           lb (102.1-kg) trip-limited permits. Each               (including its affiliates), and has
                                                      In addition to the management                         of these commercial permits is                         combined annual receipts not in excess
                                                    measures that this proposed rule would                  associated with an individual vessel.                  of $11 million for all its affiliated
                                                    implement, Amendment 36 includes an                     Data from the years of 2010 through                    operations worldwide. All of the
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                                                    action to modify the SMZ procedures in                  2014 were used in Amendment 36 and                     commercial vessels directly regulated by
                                                    the FMP to allow for the designation of                 these data provided the basis for the                  this proposed rule are believed to be
                                                    spawning SMZs. The Council would be                     Council’s decision. Although this                      small entities based on the NMFS size
                                                    able to designate important spawning                    proposed rule would apply to all                       standard.
                                                    areas as spawning SMZs to provide                       commercial snapper-grouper Federal                        The SBA has established size
                                                    additional protection to some existing                  permit holders, it is expected that the                standards for all major industry sectors
                                                    Essential Fish Habitat-Habitat Areas of                 vessels that harvest the species NMFS                  in the U.S. including for-hire businesses
                                                    Particular Concern for snapper-grouper                  assumes to be most commonly                            (NAICS code 487210). A business


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                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                            5515

                                                    primarily involved in the for-hire                      designated off Georgia. This proposed                  revenue could be more substantial.
                                                    fishing industry is classified as a small               rule would allow vessels in possession                 Nevertheless, based on the small size of
                                                    business if it is independently owned                   of snapper-grouper species to transit                  each area and the high likelihood that
                                                    and operated, is not dominant in its                    through spawning SMZs as long as their                 commercial vessels would substitute
                                                    field of operation (including its                       fishing gear is properly stowed;                       landings in other areas, it is assumed
                                                    affiliates), and has combined annual                    however, anchoring would be                            that any reduction in ex-vessel revenue
                                                    receipts not in excess of $7.5 million for              prohibited in all spawning SMZs,                       from this proposed rule would be
                                                    all its affiliated operations worldwide.                except for Area 51 and Area 53.                        minimal. Also, because transit would be
                                                    All of the for-hire vessels directly                       The proposed 5.1-sq mi (13.2-sq km)                 permitted through the spawning SMZs,
                                                    regulated by this proposed rule are                     South Cape Lookout Spawning SMZ off                    any impact to travel costs resulting from
                                                    believed to be small entities based on                  North Carolina is estimated to result in               the proposed rule is expected to be
                                                    the SBA size criteria.                                  an annual decrease in total commercial                 minimal as well. Finally, because
                                                       No other small entities that would be                ex-vessel revenues of $588 (2014                       commercial vessels would not be
                                                    directly affected by this proposed rule                 dollars), assuming commercial vessels                  allowed to fish for snapper-grouper
                                                    have been identified.                                   are unable to substitute landings from                 species in the spawning SMZs, the
                                                       There are currently 668 commercial                   other areas. The proposed 3.03-sq mi                   prohibition on anchoring would not be
                                                    vessels eligible to fish for the snapper-               (7.8-sq km) Devil’s Hole/Georgetown                    expected to result in any additional
                                                    grouper species managed under the                       Hole Spawning SMZ off South Carolina                   adverse economic effects.
                                                    FMP. Based on the analysis included in                  is estimated to result in an annual                       With respect to for-hire businesses,
                                                    Amendment 36, NMFS expects 438 of                       decrease in total ex-vessel revenue of                 the spawning SMZs in this proposed
                                                    these vessels would be affected by this                 $86 (2014 dollars) using the same                      rule would place restrictions on where
                                                    proposed rule (approximately 66                         assumptions. Designation of the                        charter vessels and headboats can take
                                                    percent). In addition, there are 1,502 for-             artificial reef sites, Area 51 and Area 53             paying customers but would not directly
                                                    hire vessels eligible to fish for snapper-              (each 2.99 sq mi, 7.8 sq km), off South                alter the services sold by these vessels.
                                                    grouper species, all of which have the                  Carolina as spawning SMZs is not                       Therefore, direct effects on for-hire
                                                    potential to be affected by this proposed               expected to affect ex-vessel revenue,                  vessels resulting from this proposed rule
                                                    rule. Because all of these commercial                   because these artificial habitat locations             would be limited to potential increases
                                                    and for-hire fishing businesses are                     were previously undisclosed to the                     in travel time and fuel consumption
                                                    believed to be small entities, the issue                public, and it is assumed there is very                from having to change their usual
                                                    of disproportionate effects on small                    little fishing activity occurring there.
                                                                                                                                                                   fishing locations, travel around the
                                                    versus large entities does not arise in the             The 3.6-sq mi (9.4-sq km) Warsaw Hole/
                                                                                                                                                                   proposed spawning SMZs, or transit
                                                    present case.                                           50 Fathom Hole Spawning SMZ off the
                                                       Amendment 36 would modify the                                                                               through them with their gear properly
                                                                                                            east coast of Florida is estimated to
                                                    SMZ procedures in the FMP to include                                                                           stowed. Because of the small size of the
                                                                                                            reduce total annual ex-vessel revenue by
                                                    protection of any area important for                                                                           proposed spawning SMZs relative to all
                                                                                                            $931 (2014 dollars). Again, this estimate
                                                    snapper-grouper spawning, including                                                                            available fishing grounds, their
                                                                                                            assumes that commercial vessels will
                                                    natural habitat, by designating spawning                                                                       substantial distance from shore, and the
                                                                                                            not substitute landings from other areas
                                                    SMZs. Amendment 36 and this                                                                                    negligible amount of harvest from for-
                                                                                                            for the landings that are displaced by
                                                    proposed rule would also modify the                                                                            hire vessels estimated to occur in those
                                                                                                            the spawning SMZs. For the proposed
                                                    framework procedures for the FMP to                     change to the Charleston Deep Artificial               areas, this proposed rule is not expected
                                                    include modifying or establishing                       Reef MPA, because the size of the MPA                  to have a measurable effect on for-hire
                                                    spawning SMZs. These procedural                         would remain the same and there is                     vessel costs. With respect to potential
                                                    changes would allow the Council to                      little known fishing effort occurring                  changes in for-hire revenue, any impact
                                                    create or modify spawning SMZs,                         near the existing MPA boundary, it is                  that results from the proposed spawning
                                                    including areas of natural habitat, under               not expected to have a measurable effect               SMZs would be a consequence of a
                                                    the FMP framework process. However,                     on commercial ex-vessel revenue.                       change in recreational angler demand
                                                    the procedural changes to allow the                        When all of the proposed spawning                   for for-hire services and, therefore, an
                                                    Council to create or modify spawning                    SMZs are analyzed together, they are                   indirect effect of the proposed rule.
                                                    SMZs would not directly regulate, nor                   estimated to result in an annual                       Because these potential revenue effects
                                                    restrict access to specific fishing                     decrease in ex-vessel revenue of $1,605                are indirect, they fall outside the scope
                                                    grounds. As such, they would not be                     (2014 dollars). Divided across all of the              of the RFA.
                                                    expected to directly affect the small                   commercial vessels expected to be                         Finally, the sunset provision
                                                    entities identified in this analysis.                   affected by this proposed rule, this                   contained in this proposed rule would
                                                       In addition to the procedural changes                would result in a per-vessel annual                    remove most of the spawning SMZs 10
                                                    described above, this proposed rule                     decrease of only $4. Even if the entire                years after implementation if not
                                                    would create specific spawning SMZs                     estimated reduction in revenue was                     reauthorized by the Council, except for
                                                    off North Carolina, South Carolina, and                 borne by a single commercial vessel, it                the Area 51 and Area 53 Spawning
                                                    the east coast of Florida. Within each                  would represent a less than 4 percent                  SMZs, which would remain. Although
                                                    proposed spawning SMZ, fishing for,                     reduction in total ex-vessel revenue on                this sunset provision sets a deadline for
                                                    harvest, or possession of snapper-                      average. The model employed in this                    evaluating the success of spawning
                                                    grouper species would be prohibited                     analysis assumed uniformly distributed                 SMZs and reauthorizing them, it is not
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                                                    year-round. In addition, this proposed                  effort within each logbook-reported area               expected to directly influence the
                                                    rule would move the existing Charleston                 and did not account for potential                      duration of each spawning SMZ,
                                                    Deep Artificial Reef MPA 1.4 mi (2.3                    redistribution of effort after each                    because the Council would have the
                                                    km) to the northwest to match the                       closure. If fishermen are harvesting                   authority to modify the spawning SMZs
                                                    boundary of the U.S. Army Corps of                      species within the proposed spawning                   at any time through the FMP framework
                                                    Engineers’ permitted artificial reef area.              SMZ areas at a much higher rate than                   procedures as described in this
                                                    The size of the MPA would remain the                    elsewhere in the South Atlantic, the                   proposed rule. Therefore, the sunset
                                                    same. No spawning SMZ would be                          effects of these closures on ex-vessel                 provision would not be expected to


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                                                    5516                          Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                    directly affect commercial or for-hire                           gear must be appropriately stowed, as                                    Points                North lat.          West long.
                                                    fishing businesses.                                              specified in paragraph (a)(2)(vii) of this
                                                       No duplicative, overlapping, or                               section. Except for spawning SMZs of                               A   ...................   24°22.277′     ...   82°20.417′.
                                                    conflicting Federal rules have been                              Area 51 and Area 53, the spawning                                  B   ...................   24°22.277′     ...   82°18.215′.
                                                    identified. In addition, no new                                  SMZs in this paragraph are effective                               C   ...................   24°20.932′     ...   82°18.215′.
                                                    reporting, record-keeping, or other                              until [date 10 years and 30 days from                              D   ...................   24°20.932′     ...   82°20.417′.
                                                    compliance requirements are introduced                           the publication of the final rule in the                           A   ...................   24°22.277′     ...   82°20.417′.
                                                    by this proposed rule. Accordingly, this                         Federal Register]. A person on board
                                                    proposed rule does not implicate the                             a fishing vessel may not anchor, use an                               (vii) For the purpose of paragraph
                                                    Paperwork Reduction Act.                                         anchor and chain, or use a grapple and                             (a)(2)(i) of this section, transit means
                                                       The information provided above                                chain while in the spawning SMZs                                   direct, non-stop progression through the
                                                    supports a determination that this                               specified in paragraph (a)(2) of this                              spawning SMZ. Fishing gear
                                                    proposed rule would not have a                                   section. The anchoring prohibition does                            appropriately stowedmeans—
                                                    significant economic impact on a                                 not apply to fishing vessels in the
                                                    substantial number of small entities.                            spawning SMZs of Area 51 and Area 53.                                 (A) A longline may be left on the
                                                    Because this proposed rule, if                                                                                                      drum if all gangions and hooks are
                                                                                                                        (ii) South Cape Lookout Spawning                                disconnected and stowed below deck.
                                                    implemented, is not expected to have a                           SMZ is bounded by rhumb lines
                                                    significant economic impact on any                                                                                                  Hooks cannot be baited. All buoys must
                                                                                                                     connecting, in order, the following                                be disconnected from the gear; however,
                                                    small entities, an initial regulatory                            points:
                                                    flexibility analysis is not required and                                                                                            buoys may remain on deck.
                                                    none has been prepared.                                                   Point                  North lat.          West long.        (B) Trawl doors and nets must be out
                                                    List of Subjects in 50 CFR Part 622                                                                                                 of the water, but the doors are not
                                                                                                                     A     ...................    33°53.040′      ...   76°28.617′.     required to be on deck or secured on or
                                                      Fisheries, Fishing, Marine protected                           B     ...................    33°52.019′      ...   76°27.798′.     below deck.
                                                    area, South Atlantic, Special                                    C     ...................    33°49.946′      ...   76°30.627′.
                                                    management zone.                                                 D     ...................    33°51.041′      ...   76°31.424′.        (C) A gillnet, stab net, or trammel net
                                                                                                                     A     ...................    33°53.040′      ...   76°28.617′.     must be left on the drum. Any
                                                      Dated: January 10, 2017.                                                                                                          additional such nets not attached to the
                                                    Samuel D. Rauch III,                                                                                                                drum must be stowed below deck.
                                                    Deputy Assistant Administrator for                                  (iii) Devil’s Hole/Georgetown Hole
                                                    Regulatory Programs,National Marine                              Spawning SMZ is bounded by rhumb                                      (D) Terminal gear (i.e., hook, leader,
                                                    Fisheries Service.                                               lines connecting, in order, the following                          sinker, flasher, or bait) used with an
                                                      For the reasons set out in the                                 points:                                                            automatic reel, bandit gear, buoy gear,
                                                    preamble, 50 CFR part 622 is proposed                                                                                               handline, or rod and reel must be
                                                    to be amended as follows:                                                 Point                  North lat.          West long.     disconnected and stowed separately
                                                                                                                                                                                        from such fishing gear. Sinkers must be
                                                    PART 622—FISHERIES OF THE                                        A     ...................    32°34.311′      ...   78°33.220′.     disconnected from the down rigger and
                                                    CARIBBEAN, GULF OF MEXICO, AND                                   B     ...................    32°34.311′      ...   78°34.996′.     stowed separately.
                                                    SOUTH ATLANTIC                                                   C     ...................    32°32.748′      ...   78°34.996′.
                                                                                                                     D     ...................    32°32.748′      ...   78°33.220′.        (E) A crustacean trap, golden crab
                                                                                                                     A     ...................    32°34.311′      ...   78°33.220′.     trap, or sea bass pot cannot be baited.
                                                    ■ 1. The authority citation for part 622
                                                                                                                                                                                        All buoys must be disconnected from
                                                    continues to read as follows:
                                                                                                                                                                                        the gear; however, buoys may remain on
                                                        Authority: 16 U.S.C. 1801 et seq.                              (iv) Area 51 Spawning SMZ is
                                                                                                                                                                                        deck.
                                                                                                                     bounded by rhumb lines connecting, in
                                                    ■ 2. In § 622.183, revise the table in                           order, the following points:                                       *      *      *     *    *
                                                    paragraph (a)(1)(i)(D) and add paragraph                                                                                            ■ 3. In § 622.194, revise paragraph (a) to
                                                    (a)(2) to read as follows:                                                Point                  North lat.          West long.     read as follows:
                                                    § 622.183          Area and seasonal closures.                   A     ...................    32°35.25′    .....    79°28.6′.       § 622.194 Adjustment of management
                                                        (a) * * *                                                    B     ...................    32°35.25′    .....    79°27′.         measures.
                                                        (1) * * *                                                    C     ...................    32°33.75′    .....    79°27′.
                                                        (i) * * *                                                                                                                       *      *    *      *    *
                                                                                                                     D     ...................    32°33.75′    .....    79°28.6′
                                                        (D) * * *                                                    A     ...................    32°35.25′    .....    79°28.6′.          (a) Biomass levels, age-structured
                                                                                                                                                                                        analyses, target dates for rebuilding
                                                           Point                  North lat.        West long.                                                                          overfished species, MSY (or proxy), OY,
                                                                                                                       (v) Area 53 Spawning SMZ is
                                                                                                                     bounded by rhumb lines connecting, in                              ABC, TAC, quotas (including a quota of
                                                    A   ...................    32°05.04′ .....     79°13.575′.                                                                          zero), annual catch limits (ACLs),
                                                    B   ...................    32°09.65′ .....     79°09.2′.         order, the following points:
                                                    C   ...................    32°07.155′ ...      79°05.595′.                                                                          annual catch targets (ACTs), AMs,
                                                    D   ...................    32°02.36′ .....     79°09.975′.                Point                  North lat.          West long.     maximum fishing mortality threshold
                                                    A   ...................    32°05.04′ .....     79°13.575′.                                                                          (MFMT), minimum stock size threshold
                                                                                                                     A     ...................    32°22.65′    .....    79°22.25′.      (MSST), trip limits, bag limits, size
                                                    *     *      *    *     *                                        B     ...................    32°22.65′    .....    79°20.5′.       limits, gear restrictions (ranging from
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                                                      (2) Spawning SMZs. (i) Any fishing                             C     ...................    32°21.15′    .....    79°20.5′.       regulation to complete prohibition),
                                                    vessel in a spawning SMZ is prohibited                           D     ...................    32°21.15′    .....    79°22.25′.      seasonal or area closures, fishing year,
                                                                                                                     A     ...................    32°22.65′    .....    79°22.25′.      rebuilding plans, definitions of essential
                                                    to fish for or harvest species in the
                                                    snapper-grouper fishery management                                                                                                  fish habitat, essential fish habitat,
                                                    unit year-round. For a fishing vessel to                            (vi) Warsaw Hole/50 Fathom Hole                                 essential fish habitat HAPCs or Coral
                                                    possess snapper-grouper species on                               Spawning SMZ is bounded by rhumb                                   HAPCs, restrictions on gear and fishing
                                                    board while in a spawning SMZ, the                               lines connecting, in order, the following                          activities applicable in essential fish
                                                    vessel must be in transit and fishing                            points:                                                            habitat and essential fish habitat


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                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                            5517

                                                    HAPCs, and establish or modify                          any other address or individual, or                    specifications on recommendations
                                                    spawning SMZs.                                          received after the end of the comment                  from the Council at its 164th meeting
                                                    *   *     *    *     *                                  period. All comments received are a                    held October 21–22, 2015, and at its
                                                    [FR Doc. 2017–00859 Filed 1–13–17; 4:15 pm]             part of the public record and will                     166th meeting held June 6–10, 2016. In
                                                    BILLING CODE 3510–22–P                                  generally be posted for public viewing                 all, the Council recommended 112
                                                                                                            on www.regulations.gov without change.                 ACLs: 26 in American Samoa, 26 in
                                                                                                            All personal identifying information                   Guam, 26 in the CNMI, and 34 in
                                                    DEPARTMENT OF COMMERCE                                  (e.g., name, address, etc.), confidential              Hawaii. The Council also recommended
                                                                                                            business information, or otherwise                     that NMFS specify multi-year ACLs and
                                                    National Oceanic and Atmospheric                        sensitive information submitted                        AMs in fishing years 2015–2018. NMFS
                                                    Administration                                          voluntarily by the sender will be                      proposes to implement the
                                                                                                            publicly accessible.                                   specifications for 2017 and 2018
                                                    50 CFR Part 665                                            NMFS prepared environmental                         separately, prior to each fishing year.
                                                                                                            analyses that describe the potential                      Except for bottomfish in American
                                                    [Docket No. 160422356–7026–01]
                                                                                                            impacts on the human environment that                  Samoa, Guam, and the CNMI, and Guam
                                                    RIN 0648–XE587                                          would result from the proposed ACLs                    jacks, Hawaii crabs, and Hawaii
                                                                                                            and AMs. NMFS provided additional                      octopus, the proposed 2016 ACLs are
                                                    Pacific Island Fisheries; 2016 Annual                   background information in the 2015                     identical to those that NMFS specified
                                                    Catch Limits and Accountability                         proposed and final specifications (80 FR               for 2015 (80 FR 52415, August 31,
                                                    Measures                                                43046, July 21, 2015; 80 FR 52415,                     2015).
                                                    AGENCY:  National Marine Fisheries                      August 31, 2015). Copies of the                           For bottomfish in American Samoa,
                                                    Service (NMFS), National Oceanic and                    environmental analyses and other                       Guam, and the Northern Mariana
                                                    Atmospheric Administration (NOAA),                      documents are available at                             Islands, the 2016 ACLs are based on
                                                                                                            www.regulations.gov.                                   new estimates of maximum sustainable
                                                    Department of Commerce.
                                                                                                                                                                   yield (MSY) contained in a 2016 stock
                                                    ACTION: Proposed specifications; request                FOR FURTHER INFORMATION CONTACT: Matt                  assessment updated by the NMFS
                                                    for comments.                                           Dunlap, NMFS PIR Sustainable                           Pacific Islands Fisheries Science Center
                                                                                                            Fisheries, 808–725–5177.                               (PIFSC). This stock assessment update
                                                    SUMMARY:    NMFS proposes annual catch                  SUPPLEMENTARY INFORMATION: Fisheries
                                                    limits (ACLs) for Pacific Island                                                                               represents the best scientific
                                                                                                            in the U.S. Exclusive Economic Zone                    information available for specifying
                                                    bottomfish, crustacean, precious coral,                 (EEZ, or Federal waters) around the U.S.
                                                    and coral reef ecosystem fisheries, and                                                                        ACLs.
                                                                                                            Pacific Islands are managed under                         For Guam jacks, Hawaii crabs, and
                                                    accountability measures (AMs) to                        archipelagic fishery ecosystem plans                   Hawaii octopus, NMFS and the Council
                                                    correct or mitigate any overages of catch               (FEPs) for American Samoa, Hawaii, the                 determined that the average 2013–2015
                                                    limits. The proposed ACLs and AMs                       Pacific Remote Islands, and the Mariana                catch for each of these three stock
                                                    would be effective for fishing year 2016.               Archipelago (Guam and the                              complexes exceeded their respective
                                                    The fishing year for each fishery begins                Commonwealth of the Northern Mariana                   2015 ACLs. Specifically, average 2013–
                                                    on January 1 and ends on December 31,                   Islands (CNMI)). A fifth FEP covers                    2015 catch for Guam jacks was 37,399
                                                    except for precious coral fisheries,                    pelagic fisheries. The Western Pacific                 lb and exceeded the 2015 ACL of 29,300
                                                    which begin July 1 and end on June 30                   Fishery Management Council (Council)                   lb by 8,099 lb. For Hawaii crabs, average
                                                    the following year. Although the 2016                   developed the FEPs, and NMFS                           2013–2015 catch was 40,363 lb and
                                                    fishing year has ended for most stocks,                 implemented them under the authority                   exceeded the 2015 ACL of 33,500 lb by
                                                    we will evaluate 2016 catches against                   of the Magnuson-Stevens Fishery                        6,863 lb. For Hawaii octopus, average
                                                    these proposed ACLs when data become                    Conservation and Management Act                        2013–2015 catch was 40,237 lb and
                                                    available in mid-2017. The proposed                     (Magnuson-Stevens Act, 16 U.S.C. 1801,                 exceeded the 2015 ACL of 35,700 lb by
                                                    ACLs and AMs support the long-term                      et seq.).                                              4,537 lb. In accordance with the 2015
                                                    sustainability of fishery resources of the                 Each FEP contains a process for the                 AMs (80 FR 52415, August 31, 2015),
                                                    U.S. Pacific Islands.                                   Council and NMFS to specify ACLs and                   and in consideration of the best
                                                    DATES: NMFS must receive comments                       AMs; that process is codified at Title 50,             available scientific information
                                                    by February 2, 2017.                                    Code of Federal Regulations, Section                   available, NMFS proposes to reduce the
                                                    ADDRESSES: You may submit comments                      665.4 (50 CFR 665.4). The regulations                  2016 ACLs from the 2015 ACL by the
                                                    on this document, identified by NOAA–                   require NMFS to specify, every fishing                 amount of the 2015 overages for each of
                                                    NMFS–2016–0049, by either of the                        year, an ACL for each stock and stock                  the three stocks. As a result, the
                                                    following methods:                                      complex of management unit species                     proposed ACL for Guam jacks is 21,201
                                                       • Electronic Submission: Submit all                  (MUS) included in an FEP, as                           lb, 26,637 lb for Hawaii crabs, and
                                                    electronic public comments via the                      recommended by the Council and                         31,163 lb for Hawaii mollusks.
                                                    Federal e-Rulemaking Portal. Go to                      considering the best available scientific,                In addition, NMFS prepared an
                                                    http://www.regulations.gov/                             commercial, and other information                      updated environmental assessment for
                                                    #!docketDetail;D=NOAA-NMFS-2016-                        about the fishery. If a fishery exceeds an             Pacific Island crustacean and precious
                                                    0049, click the ‘‘Comment Now!’’ icon,                  ACL, the regulations require the Council               coral fisheries to account for new
                                                    complete the required fields, and enter                 to take action, which may include                      information on the fisheries. In
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                                                    or attach your comments.                                reducing the ACL for the subsequent                    December 2015, NMFS and the Council
                                                       • Mail: Send written comments to                     fishing year by the amount of the                      received new information on the
                                                    Michael D. Tosatto, Regional                            overage, or other appropriate action.                  historical and projected stock status of
                                                    Administrator, NMFS Pacific Islands                        NMFS proposes to specify ACLs for                   Hawaii Kona crab. The information
                                                    Region (PIR), 1845 Wasp Blvd., Bldg.                    bottomfish, crustacean, precious coral,                indicates that the Hawaii Kona crab
                                                    176, Honolulu, HI 96818.                                and coral reef ecosystem fishery MUS in                stock was likely to be overfished as of
                                                       Instructions: NMFS may not consider                  American Samoa, Guam, the CNMI, and                    2006. However, an independent review
                                                    comments sent by any other method, to                   Hawaii. NMFS based the proposed                        identified data gaps and methodological


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Document Created: 2018-02-01 15:18:57
Document Modified: 2018-02-01 15:18:57
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 on the proposed rule must be received by February 17, 2017.
ContactFrank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 5512 
RIN Number0648-BG38
CFR AssociatedFisheries; Fishing; Marine Protected Area; South Atlantic and Special Management Zone

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