83_FR_50249 83 FR 50056 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle Release Gear; Amendment 49

83 FR 50056 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle Release Gear; Amendment 49

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50056-50059
FR Document2018-21635

The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 49 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 49) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 49 would add three new devices as options for fishermen to meet requirements for sea turtle release gear, and would simplify and clarify the requirements for other sea turtle release gear. The new devices would provide additional options to fulfill existing requirements for carrying sea turtle release gear on board vessels with Federal Gulf commercial or charter vessel/headboat reef fish permits. Amendment 49 would also modify the FMP framework procedure to allow for future changes to release gear and handling requirements for sea turtles and other protected resources. The purpose of Amendment 49 is to allow the use of new devices to safely handle and release incidentally captured sea turtles, clarify existing requirements, and streamline the process for making changes to the release devices and handling procedures for sea turtles and other protected species.

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50056-50059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21635]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BH92


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle 
Release Gear; Amendment 49

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has

[[Page 50057]]

submitted Amendment 49 to the Fishery Management Plan (FMP) for the 
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 49) for 
review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 49 would add three new devices as 
options for fishermen to meet requirements for sea turtle release gear, 
and would simplify and clarify the requirements for other sea turtle 
release gear. The new devices would provide additional options to 
fulfill existing requirements for carrying sea turtle release gear on 
board vessels with Federal Gulf commercial or charter vessel/headboat 
reef fish permits. Amendment 49 would also modify the FMP framework 
procedure to allow for future changes to release gear and handling 
requirements for sea turtles and other protected resources. The purpose 
of Amendment 49 is to allow the use of new devices to safely handle and 
release incidentally captured sea turtles, clarify existing 
requirements, and streamline the process for making changes to the 
release devices and handling procedures for sea turtles and other 
protected species.

DATES: Written comments on Amendment 49 must be received by December 3, 
2018.

ADDRESSES: You may submit comments on Amendment 49 identified by 
``NOAA-NMFS-2018-0087'' 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-2018-0087, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Susan Gerhart, 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 the required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 49 may be obtained 
www.regulations.gov or from the Southeast Regional Office website at 
https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html. Amendment 49 includes an environmental 
assessment, a fishery impact statement, a regulatory impact review, and 
a Regulatory Flexibility Act analysis.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional 
Office, telephone: 727-824-5305; email: susan.gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to NMFS 
for review and approval, partial approval, or disapproval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    The FMP being revised by Amendment 49 was prepared by the Council, 
and Amendment 49, if approved, would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    The Endangered Species Act (ESA) directs all Federal agencies to 
insure that any action they authorize, fund, or carry-out does not 
jeopardize the continued existence of endangered or threatened species, 
or destroy or adversely modify designated critical habitat. The ESA 
requires that any Federal agency proposing an action that may adversely 
affect ESA-listed species or critical habitat formally consult with the 
U.S. Fish and Wildlife Service or NMFS (i.e., consulting agencies).
    In February 2005, NMFS issued a biological opinion (2005 BiOp), in 
accordance with section 7 of the ESA, that evaluated the impact of the 
Gulf reef fish fishery on endangered sea turtles and smalltooth 
sawfish. The 2005 BiOp concluded that the anticipated incidental take 
of sea turtles and smalltooth sawfish by the Gulf reef fish fishery was 
not likely to jeopardize their continued existence, or destroy or 
adversely modify designated critical habitat; however, the 2005 BiOp 
required that reasonable and prudent measures be taken to minimize 
stress and increase the survival rates of any sea turtles and 
smalltooth sawfish taken in the fishery.
    In response to the 2005 BiOp, the Council developed measures in 
Amendment 18A to the FMP to increase the likelihood of survival of 
released sea turtles and smalltooth sawfish caught incidentally in the 
Gulf reef fish fishery. The final rule implementing Amendment 18A 
required vessels with Federal commercial or charter vessel/headboat 
permits for Gulf reef fish to possess a specific set of release gear, 
and comply with sea turtle and smalltooth sawfish handling and release 
protocols and guidelines (71 FR 45428, August 9, 2006). Fishermen on 
these same federally permitted vessels are also required to maintain a 
reference copy of the NMFS sea turtle handling and release protocols 
document titled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury'' (Release Protocols), in the event a sea turtle is 
incidentally captured. These Gulf reef fish permit holders are also 
required to post a NMFS placard of sea turtle handling and release 
guidelines inside the wheelhouse, or in an easily viewable area on the 
vessel if there is no wheelhouse.
    Since implementation of Amendment 18A in 2006, the Release 
Protocols have been revised twice, once in 2008, and again in 2010. 
Currently, NMFS is drafting a revision to the Release Protocols and 
would include the recently approved sea turtle release devices if NMFS 
implements Amendment 49. However, fishermen participating in the reef 
fish fishery cannot use these devices to meet sea turtle release gear 
requirements until they are implemented via regulations.

Actions Contained in Amendment 49

    Amendment 49 would add three new sea turtle handling and release 
devices, clarify the requirements for other currently required gear, 
and modify the FMP framework procedure to include future changes to 
release gear and handling requirements for sea turtles and other 
protected resources. NMFS and the Council are proposing these changes 
to provide additional flexibility to fishermen in complying with sea 
turtle release gear requirements, to aid fishermen and law enforcement 
with compliance and enforcement efforts by clarifying existing 
requirements, and to allow for more rapid implementation of regulatory 
changes to release gear and handling requirements.

New Sea Turtle Release Gear

    The final rule for Amendment 18A established the requirement for 
sea turtle release gear to be carried on board vessels with Federal 
commercial and charter vessel/headboat reef fish permits, and specified 
the devices allowed to meet this requirement.

[[Page 50058]]

Amendment 49 would add three new sea turtle release and handling 
devices that have been approved for use by the NMFS Southeast Fisheries 
Science Center (SEFSC), providing more options for fishermen to fulfill 
the sea turtle gear requirements. Details of the construction 
requirements for these new devices can be found in Amendment 49, and 
would be included in the new Release Protocols, if subsequently 
approved by NMFS. NMFS expects the proposed new release devices would 
increase flexibility for fishermen and regulatory compliance within the 
fishery, which may result in positive benefits to sea turtles.
    Two of the new sea turtle handling devices are a collapsible hoop 
net and a sea turtle hoist (net). Both of these devices are more 
compact versions of the currently required long-handled dip net, and 
would be used for bringing an incidentally captured sea turtle on board 
the fishing vessel to remove fishing gear from the sea turtle. For the 
collapsible hoop net, the net portion is attached to hoops made of 
flexible stainless steel cable; when the collapsible hoop net is folded 
over on itself for storage, its size reduces to about half of its 
original diameter. Additionally, there are two versions of the sea 
turtle hoist. One version consists of the net portion securely fastened 
to a frame, providing a relatively taut platform for the sea turtle to 
be brought on board. Another version creates a basket with the frame 
and net that holds the sea turtle as it is brought on board. Both the 
collapsible hoop net and the sea turtle hoist use rope handles attached 
to either side of the frame, in place of the rigid handle on the dip 
net. Generally, the collapsible hoop net or hoist would be used to 
bring sea turtles on board vessels with a high freeboard when it is not 
feasible to use a dip net.
    The third new device is a dehooker that can be used to remove an 
externally embedded hook from a sea turtle. This device has a squeeze 
handle that secures the hook into notches at the end of the shaft of 
the dehooker, so the hook can be twisted out. This new device would 
provide another option for fishermen to comply with the regulation for 
a short-handled dehooker for external hooks.

Requirements for Existing Sea Turtle Release Gear

    Amendment 49 also would also update the requirements of some 
currently approved devices for clarity and simplicity, and to aid 
fishermen and law enforcement with compliance and enforcement efforts. 
These updates would include more specific measurements for sea turtle 
release gear. The revisions would provide for either a minimum size 
dimension or a size range for the short-handled dehookers for external 
and internal hooks, bite block on the short-handled internal use 
dehooker, long-nose or needle-nose pliers, bolt cutters, and the block 
of hard wood and hank of rope when used as mouth openers and gags. 
Other proposed changes are listed below.
    Current regulations specify that short and long-handled dehookers 
must be constructed of 316L stainless steel, which is resistant to 
corrosion from salt water. The SEFSC has also approved 304L stainless 
steel for the construction of all short-handled and long-handled 
dehookers. This proposed additional grade of stainless steel is 
commonly available and is also corrosion resistant.
    Another required device to assist with removing fishing gear from a 
sea turtle is a pair of monofilament line cutters. Current regulations 
state that the monofilament line cutters must have cutting blades of 1-
inch (2.54 cm) in length (Appendix F to 50 CFR part 622). However, 
SEFSC has clarified that the blade length must be a minimum of 1 inch 
(2.54 cm) but could be longer.
    Another required gear type is mouth openers and gags, used to hold 
a sea turtle's mouth open to remove fishing gear. At least two of the 
seven types of mouth openers and gags are required on board. Current 
regulations state the canine mouth gags, an option for this gear 
requirement, must have the ends covered with clear vinyl tubing, 
friction tape, or similar, to pad the surface. However, SEFSC 
determined that this was not necessary and could result in the canine 
mouth gags not functioning properly. Amendment 49 would remove the 
requirement to cover the ends of the canine mouth gags with these 
materials from the regulations.
    Lastly, a life-saving device on a vessel, such as a personal 
flotation device or life ring buoy, may currently be used as the 
required cushion or support device for a sea turtle brought on board a 
vessel to remove fishing gear. However, Amendment 49 would add language 
to clarify that any life-saving device used to fulfill the sea turtle 
safe handling requirements cannot also be used to meet U.S. Coast Guard 
safety requirements of one flotation device per person on board the 
vessel.

FMP Framework Procedure

    Currently, adding or changing careful release devices and protocols 
for incidentally caught sea turtles and other protected species 
requires an amendment to the FMP. This limits the Council and NMFS' 
ability to implement new release devices and handling requirements in a 
timely manner. Amending the FMP through the FMP amendment rulemaking 
process generally involves more detailed analyses and a lengthier 
timeline prior to implementation than rulemaking done through a 
framework procedure. However, the FMP contains a framework procedure to 
allow the Council to modify certain management measures via an 
expedited process (see 50 CFR 622.42). The FMP framework procedure was 
last modified by the final rule implementing Amendment 38 to the FMP 
(78 FR 6218, January 30, 2013).
    Amendment 49 would allow changes to the sea turtle release gear and 
handling techniques under the framework procedure. For example, the 
Council could more quickly add a new release device for sea turtles if 
approved by the SEFSC. The Council decided that making these changes 
through an expedited process may have beneficial biological and socio-
economic impacts, especially if the changes respond to newer 
information. The Council concluded that the framework procedure would 
still allow adequate time for the public to comment on any future 
proposed regulatory changes.

Proposed Rule for Amendment 49

    A proposed rule that would implement Amendment 49 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 49 for Secretarial review, 
approval, and implementation. Comments on Amendment 49 must be received 
by December 3, 2018. Comments received during the respective comment 
periods, whether specifically directed to Amendment 49 or the proposed 
rule will be considered by NMFS in the decision to approve, disapprove, 
or partially approve Amendment 49. Comments received after the comment 
periods will not be considered by NMFS in this decision. All comments 
received by NMFS on the amendment or the proposed rule during their 
respective comment periods will be addressed in the final rule.

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


[[Page 50059]]


    Dated: October 1, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-21635 Filed 10-3-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                 50056                 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules

                                                 [ONE WEEK IN ADVANCE OF THE                             designate the submitted comments as                   from the Owner-Operator Independent
                                                 MEETING], to allow us to arrange for                    CBI. Accordingly, please mark each                    Drivers Association (OOIDA) and
                                                 such services. There is no guarantee that               page of your submission as                            TruckerNation.org (TruckerNation). The
                                                 interpreter services requested on short                 ‘‘confidential’’ or ‘‘CBI.’’ Submissions              ANPRM provides an opportunity for
                                                 notice can be provided. For information                 designated as CBI and meeting the                     additional discussion of each of these
                                                 concerning the HOS rules, contact Mr.                   definition noted above will not be                    topics. The listening session will
                                                 Tom Yager, Chief, Driver and Carrier                    placed in the public docket for the                   provide an opportunity for interested
                                                 Operations Division, (202) 366–4325,                    ANPRM and this listening session.                     persons to share their views on these
                                                 mcpsd@dot.gov.                                          Submissions containing CBI should be                  topics with representatives of the
                                                 SUPPLEMENTARY INFORMATION:                              sent to Mr. Brian Dahlin, Chief,                      Agency. The Agency encourages ELD
                                                                                                         Regulatory Analysis Division, 1200 New                vendors to participate to address
                                                 I. Public Participation and Request for                 Jersey Avenue SE, Washington, DC                      potential implementation issues, should
                                                 Comments                                                20590 or brian.dahlin@dot.gov. Any                    changes to the HOS rules be made.
                                                 A. Submitting Comments                                  commentary that FMCSA receives
                                                                                                         which is not specifically designated as               III. Meeting Participation
                                                   If you submit a comment, please                       CBI will be placed in the public docket                  The listening session is open to the
                                                 include the docket number for this                      for this rulemaking.                                  public. Speakers’ remarks will be
                                                 ANPRM (Docket No. FMCSA–2018–                              FMCSA will consider all comments                   limited to 2 minutes each. The public
                                                 0248), indicate the specific section of                 and material received during the                      may submit material to the FMCSA staff
                                                 this document to which each section                     comment period for the ANPRM.                         at the session for inclusion in the public
                                                 applies, and provide a reason for each                                                                        docket, FMCSA–2018–0248. The
                                                 suggestion or recommendation. You                       B. Viewing Comments and Documents
                                                                                                                                                               session will be webcast in its entirety,
                                                 may submit your comments and                              To view comments, as well as any                    providing the opportunity for remote
                                                 material online or by fax, mail, or hand                documents mentioned in this preamble                  participation via the internet. For
                                                 delivery, but please use only one of                    as being available in the docket, go to               information on participating in the live
                                                 these means. FMCSA recommends that                      http://www.regulations.gov. Insert the                webcast, please go to
                                                 you include your name and a mailing                     docket number, FMCSA–2018–0248, in                    www.fmcsa.dot.gov.
                                                 address, an email address, or a phone                   the keyword box, and click ‘‘Search.’’
                                                 number in the body of your document                     Next, click the ‘‘Open Docket Folder’’                IV. Questions for Discussion During the
                                                 so that FMCSA can contact you if there                  button and choose the document to                     Listening Session
                                                 are questions regarding your                            review. If you do not have access to the                In preparing their comments, meeting
                                                 submission.                                             internet, you may view the docket                     participants should consider the
                                                   To submit your comment online, go to                  online by visiting the Docket                         questions posed in the ANPRM about
                                                 http://www.regulations.gov, put the                     Management Facility in Room W12–140                   the current HOS requirements. Answers
                                                 docket number, FMCSA–2018–0248, in                      on the ground floor of the DOT West                   to these questions should be based upon
                                                 the keyword box, and click ‘‘Search.’’                  Building, 1200 New Jersey Avenue SE,                  the experience of the participants and
                                                 When the new screen appears, click on                   Washington, DC 20590, between 9 a.m.                  any data or information they can share
                                                 the ‘‘Comment Now!’’ button and type                    and 5 p.m., e.t., Monday through Friday,              with FMCSA.
                                                 your comment into the text box on the                   except Federal holidays.
                                                 following screen. Choose whether you                                                                            Issued on: September 27, 2018.
                                                 are submitting your comment as an                       C. Privacy Act                                        Jim Mullen,
                                                 individual or on behalf of a third party                  In accordance with 5 U.S.C. 553(c),                 Chief Counsel.
                                                 and then submit.                                        DOT solicits comments from the public                 [FR Doc. 2018–21628 Filed 10–3–18; 8:45 am]
                                                   If you submit your comments by mail                   to better inform its rulemaking process.              BILLING CODE 4910–EX–P
                                                 or hand delivery, submit them in an                     DOT posts these comments, without
                                                 unbound format, no larger than 81⁄2 by                  edit, including any personal information
                                                 11 inches, suitable for copying and                     the commenter provides, to                            DEPARTMENT OF COMMERCE
                                                 electronic filing. If you submit                        www.regulations.gov, as described in
                                                 comments by mail and would like to                      the system of records notice (DOT/ALL–                National Oceanic and Atmospheric
                                                 know that they reached the facility,                    14 FDMS), which can be reviewed at                    Administration
                                                 please enclose a stamped, self-addressed                www.dot.gov/privacy.
                                                 postcard or envelope.                                                                                         50 CFR Part 622
                                                                                                         II. Background
                                                   FMCSA will consider all comments
                                                                                                            On August 23, 2018 (83 FR 42631),                  RIN 0648–BH92
                                                 and material received during the
                                                 comment period for the ANPRM. Late                      FMCSA published an ANPRM
                                                                                                                                                               Fisheries of the Caribbean, Gulf of
                                                 comments will be considered to the                      concerning potential changes to its
                                                                                                                                                               Mexico, and South Atlantic; Reef Fish
                                                 extent practicable.                                     hours-of-service rules. The ANPRM
                                                                                                                                                               Fishery of the Gulf of Mexico;
                                                                                                         indicated the Agency is considering
                                                 Confidential Business Information                                                                             Revisions to Sea Turtle Release Gear;
                                                                                                         changes in four areas of the HOS rules:
                                                                                                                                                               Amendment 49
                                                   Confidential Business Information                     The short-haul HOS limit [49 CFR
                                                 (CBI) is commercial or financial                        395.1(e)(1)(ii)(A)]; the HOS exception                AGENCY:  National Marine Fisheries
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 information that is customarily not                     for adverse driving conditions                        Service (NMFS), National Oceanic and
                                                 made available to the public by the                     [§ 395.1(b)(1)]; the 30-minute rest break             Atmospheric Administration (NOAA),
                                                 submitter. Under the Freedom of                         provision [§ 395.3(a)(3)(ii)]; and the                Commerce.
                                                 Information Act, CBI is eligible for                    split-sleeper berth rule to allow drivers             ACTION: Notice of availability (NOA);
                                                 protection from public disclosure. If you               to split their required time in the sleeper           request for comments.
                                                 have CBI that is relevant or responsive                 berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In
                                                 to the ANPRM and this listening                         addition, the Agency requested public                 SUMMARY:The Gulf of Mexico Fishery
                                                 session, it is important that you clearly               comment on petitions for rulemaking                   Management Council (Council) has


                                            VerDate Sep<11>2014   16:40 Oct 03, 2018   Jkt 247001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\04OCP1.SGM   04OCP1


                                                                       Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules                                           50057

                                                 submitted Amendment 49 to the Fishery                   from the Southeast Regional Office                    Amendment 18A to the FMP to increase
                                                 Management Plan (FMP) for the Reef                      website at https://sero.nmfs.noaa.gov/                the likelihood of survival of released sea
                                                 Fish Resources of the Gulf of Mexico                    sustainable_fisheries/gulf_fisheries/                 turtles and smalltooth sawfish caught
                                                 (Gulf) (Amendment 49) for review,                       reef_fish/index.html. Amendment 49                    incidentally in the Gulf reef fish fishery.
                                                 approval, and implementation by                         includes an environmental assessment,                 The final rule implementing
                                                 NMFS. If approved by the Secretary of                   a fishery impact statement, a regulatory              Amendment 18A required vessels with
                                                 Commerce, Amendment 49 would add                        impact review, and a Regulatory                       Federal commercial or charter vessel/
                                                 three new devices as options for                        Flexibility Act analysis.                             headboat permits for Gulf reef fish to
                                                 fishermen to meet requirements for sea                  FOR FURTHER INFORMATION CONTACT:                      possess a specific set of release gear, and
                                                 turtle release gear, and would simplify                 Susan Gerhart, NMFS Southeast                         comply with sea turtle and smalltooth
                                                 and clarify the requirements for other                  Regional Office, telephone: 727–824–                  sawfish handling and release protocols
                                                 sea turtle release gear. The new devices                5305; email: susan.gerhart@noaa.gov.                  and guidelines (71 FR 45428, August 9,
                                                 would provide additional options to                                                                           2006). Fishermen on these same
                                                                                                         SUPPLEMENTARY INFORMATION: The
                                                 fulfill existing requirements for carrying                                                                    federally permitted vessels are also
                                                                                                         Magnuson-Stevens Fishery
                                                 sea turtle release gear on board vessels                                                                      required to maintain a reference copy of
                                                                                                         Conservation and Management Act
                                                 with Federal Gulf commercial or charter                                                                       the NMFS sea turtle handling and
                                                                                                         (Magnuson-Stevens Act) requires each
                                                 vessel/headboat reef fish permits.                                                                            release protocols document titled,
                                                                                                         regional fishery management council to
                                                 Amendment 49 would also modify the                                                                            ‘‘Careful Release Protocols for Sea
                                                                                                         submit any FMP or FMP amendment to
                                                 FMP framework procedure to allow for                                                                          Turtle Release with Minimal Injury’’
                                                                                                         NMFS for review and approval, partial                 (Release Protocols), in the event a sea
                                                 future changes to release gear and                      approval, or disapproval. The
                                                 handling requirements for sea turtles                                                                         turtle is incidentally captured. These
                                                                                                         Magnuson-Stevens Act also requires                    Gulf reef fish permit holders are also
                                                 and other protected resources. The                      that NMFS, upon receiving an FMP or
                                                 purpose of Amendment 49 is to allow                                                                           required to post a NMFS placard of sea
                                                                                                         amendment, publish an announcement                    turtle handling and release guidelines
                                                 the use of new devices to safely handle                 in the Federal Register notifying the
                                                 and release incidentally captured sea                                                                         inside the wheelhouse, or in an easily
                                                                                                         public that the FMP or amendment is                   viewable area on the vessel if there is no
                                                 turtles, clarify existing requirements,                 available for review and comment.
                                                 and streamline the process for making                                                                         wheelhouse.
                                                                                                            The FMP being revised by                              Since implementation of Amendment
                                                 changes to the release devices and                      Amendment 49 was prepared by the
                                                 handling procedures for sea turtles and                                                                       18A in 2006, the Release Protocols have
                                                                                                         Council, and Amendment 49, if                         been revised twice, once in 2008, and
                                                 other protected species.                                approved, would be implemented by                     again in 2010. Currently, NMFS is
                                                 DATES: Written comments on                              NMFS through regulations at 50 CFR                    drafting a revision to the Release
                                                 Amendment 49 must be received by                        part 622 under the authority of the                   Protocols and would include the
                                                 December 3, 2018.                                       Magnuson-Stevens Act.                                 recently approved sea turtle release
                                                 ADDRESSES: You may submit comments                                                                            devices if NMFS implements
                                                                                                         Background
                                                 on Amendment 49 identified by                                                                                 Amendment 49. However, fishermen
                                                 ‘‘NOAA–NMFS–2018–0087’’ by either                          The Endangered Species Act (ESA)                   participating in the reef fish fishery
                                                 of the following methods:                               directs all Federal agencies to insure                cannot use these devices to meet sea
                                                    • Electronic Submission: Submit all                  that any action they authorize, fund, or              turtle release gear requirements until
                                                 electronic public comments via the                      carry-out does not jeopardize the                     they are implemented via regulations.
                                                 Federal e-Rulemaking Portal. Go to                      continued existence of endangered or
                                                 www.regulations.gov/#!docketDetail;                     threatened species, or destroy or                     Actions Contained in Amendment 49
                                                 D=NOAA-NMFS-2018-0087, click the                        adversely modify designated critical                     Amendment 49 would add three new
                                                 ‘‘Comment Now!’’ icon, complete the                     habitat. The ESA requires that any                    sea turtle handling and release devices,
                                                 required fields, and enter or attach your               Federal agency proposing an action that               clarify the requirements for other
                                                 comments.                                               may adversely affect ESA-listed species               currently required gear, and modify the
                                                    • Mail: Submit all written comments                  or critical habitat formally consult with             FMP framework procedure to include
                                                 to Susan Gerhart, NMFS Southeast                        the U.S. Fish and Wildlife Service or                 future changes to release gear and
                                                 Regional Office, 263 13th Avenue                        NMFS (i.e., consulting agencies).                     handling requirements for sea turtles
                                                 South, St. Petersburg, FL 33701.                           In February 2005, NMFS issued a                    and other protected resources. NMFS
                                                    Instructions: Comments sent by any                   biological opinion (2005 BiOp), in                    and the Council are proposing these
                                                 other method, to any other address or                   accordance with section 7 of the ESA,                 changes to provide additional flexibility
                                                 individual, or received after the end of                that evaluated the impact of the Gulf                 to fishermen in complying with sea
                                                 the comment period, may not be                          reef fish fishery on endangered sea                   turtle release gear requirements, to aid
                                                 considered by NMFS. All comments                        turtles and smalltooth sawfish. The                   fishermen and law enforcement with
                                                 received are a part of the public record                2005 BiOp concluded that the                          compliance and enforcement efforts by
                                                 and will generally be posted for public                 anticipated incidental take of sea turtles            clarifying existing requirements, and to
                                                 viewing on www.regulations.gov                          and smalltooth sawfish by the Gulf reef               allow for more rapid implementation of
                                                 without change. All personal identifying                fish fishery was not likely to jeopardize             regulatory changes to release gear and
                                                 information (e.g., name, address, etc.),                their continued existence, or destroy or              handling requirements.
                                                 confidential business information, or                   adversely modify designated critical
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 otherwise sensitive information                         habitat; however, the 2005 BiOp                       New Sea Turtle Release Gear
                                                 submitted voluntarily by the sender will                required that reasonable and prudent                     The final rule for Amendment 18A
                                                 be publicly accessible. NMFS will                       measures be taken to minimize stress                  established the requirement for sea
                                                 accept anonymous comments (enter ‘‘N/                   and increase the survival rates of any                turtle release gear to be carried on board
                                                 A’’ in the required fields if you wish to               sea turtles and smalltooth sawfish taken              vessels with Federal commercial and
                                                 remain anonymous).                                      in the fishery.                                       charter vessel/headboat reef fish
                                                    Electronic copies of Amendment 49                       In response to the 2005 BiOp, the                  permits, and specified the devices
                                                 may be obtained www.regulations.gov or                  Council developed measures in                         allowed to meet this requirement.


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                                                 50058                 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules

                                                 Amendment 49 would add three new                        The revisions would provide for either                handling requirements in a timely
                                                 sea turtle release and handling devices                 a minimum size dimension or a size                    manner. Amending the FMP through the
                                                 that have been approved for use by the                  range for the short-handled dehookers                 FMP amendment rulemaking process
                                                 NMFS Southeast Fisheries Science                        for external and internal hooks, bite                 generally involves more detailed
                                                 Center (SEFSC), providing more options                  block on the short-handled internal use               analyses and a lengthier timeline prior
                                                 for fishermen to fulfill the sea turtle gear            dehooker, long-nose or needle-nose                    to implementation than rulemaking
                                                 requirements. Details of the                            pliers, bolt cutters, and the block of hard           done through a framework procedure.
                                                 construction requirements for these new                 wood and hank of rope when used as                    However, the FMP contains a
                                                 devices can be found in Amendment 49,                   mouth openers and gags. Other                         framework procedure to allow the
                                                 and would be included in the new                        proposed changes are listed below.                    Council to modify certain management
                                                 Release Protocols, if subsequently                         Current regulations specify that short             measures via an expedited process (see
                                                 approved by NMFS. NMFS expects the                      and long-handled dehookers must be                    50 CFR 622.42). The FMP framework
                                                 proposed new release devices would                      constructed of 316L stainless steel,                  procedure was last modified by the final
                                                 increase flexibility for fishermen and                  which is resistant to corrosion from salt
                                                                                                                                                               rule implementing Amendment 38 to
                                                 regulatory compliance within the                        water. The SEFSC has also approved
                                                                                                                                                               the FMP (78 FR 6218, January 30, 2013).
                                                 fishery, which may result in positive                   304L stainless steel for the construction
                                                 benefits to sea turtles.                                of all short-handled and long-handled                    Amendment 49 would allow changes
                                                    Two of the new sea turtle handling                   dehookers. This proposed additional                   to the sea turtle release gear and
                                                 devices are a collapsible hoop net and                  grade of stainless steel is commonly                  handling techniques under the
                                                 a sea turtle hoist (net). Both of these                 available and is also corrosion resistant.            framework procedure. For example, the
                                                 devices are more compact versions of                       Another required device to assist with             Council could more quickly add a new
                                                 the currently required long-handled dip                 removing fishing gear from a sea turtle               release device for sea turtles if approved
                                                 net, and would be used for bringing an                  is a pair of monofilament line cutters.               by the SEFSC. The Council decided that
                                                 incidentally captured sea turtle on                     Current regulations state that the                    making these changes through an
                                                 board the fishing vessel to remove                      monofilament line cutters must have                   expedited process may have beneficial
                                                 fishing gear from the sea turtle. For the               cutting blades of 1-inch (2.54 cm) in                 biological and socio-economic impacts,
                                                 collapsible hoop net, the net portion is                length (Appendix F to 50 CFR part 622).               especially if the changes respond to
                                                 attached to hoops made of flexible                      However, SEFSC has clarified that the                 newer information. The Council
                                                 stainless steel cable; when the                         blade length must be a minimum of 1                   concluded that the framework
                                                 collapsible hoop net is folded over on                  inch (2.54 cm) but could be longer.                   procedure would still allow adequate
                                                 itself for storage, its size reduces to                    Another required gear type is mouth                time for the public to comment on any
                                                 about half of its original diameter.                    openers and gags, used to hold a sea                  future proposed regulatory changes.
                                                 Additionally, there are two versions of                 turtle’s mouth open to remove fishing
                                                 the sea turtle hoist. One version consists              gear. At least two of the seven types of              Proposed Rule for Amendment 49
                                                 of the net portion securely fastened to                 mouth openers and gags are required on
                                                 a frame, providing a relatively taut                    board. Current regulations state the                    A proposed rule that would
                                                 platform for the sea turtle to be brought               canine mouth gags, an option for this                 implement Amendment 49 has been
                                                 on board. Another version creates a                     gear requirement, must have the ends                  drafted. In accordance with the
                                                 basket with the frame and net that holds                covered with clear vinyl tubing, friction             Magnuson-Stevens Act, NMFS is
                                                 the sea turtle as it is brought on board.               tape, or similar, to pad the surface.                 evaluating the proposed rule to
                                                 Both the collapsible hoop net and the                   However, SEFSC determined that this                   determine whether it is consistent with
                                                 sea turtle hoist use rope handles                       was not necessary and could result in                 the FMP, the Magnuson-Stevens Act,
                                                 attached to either side of the frame, in                the canine mouth gags not functioning                 and other applicable laws. If that
                                                 place of the rigid handle on the dip net.               properly. Amendment 49 would remove                   determination is affirmative, NMFS will
                                                 Generally, the collapsible hoop net or                  the requirement to cover the ends of the              publish the proposed rule in the Federal
                                                 hoist would be used to bring sea turtles                canine mouth gags with these materials                Register for public review and
                                                 on board vessels with a high freeboard                  from the regulations.                                 comment.
                                                 when it is not feasible to use a dip net.                  Lastly, a life-saving device on a
                                                                                                                                                               Consideration of Public Comments
                                                    The third new device is a dehooker                   vessel, such as a personal flotation
                                                 that can be used to remove an externally                device or life ring buoy, may currently                  The Council has submitted
                                                 embedded hook from a sea turtle. This                   be used as the required cushion or                    Amendment 49 for Secretarial review,
                                                 device has a squeeze handle that secures                support device for a sea turtle brought               approval, and implementation.
                                                 the hook into notches at the end of the                 on board a vessel to remove fishing gear.             Comments on Amendment 49 must be
                                                 shaft of the dehooker, so the hook can                  However, Amendment 49 would add                       received by December 3, 2018.
                                                 be twisted out. This new device would                   language to clarify that any life-saving              Comments received during the
                                                 provide another option for fishermen to                 device used to fulfill the sea turtle safe            respective comment periods, whether
                                                 comply with the regulation for a short-                 handling requirements cannot also be                  specifically directed to Amendment 49
                                                 handled dehooker for external hooks.                    used to meet U.S. Coast Guard safety                  or the proposed rule will be considered
                                                                                                         requirements of one flotation device per              by NMFS in the decision to approve,
                                                 Requirements for Existing Sea Turtle
                                                                                                         person on board the vessel.                           disapprove, or partially approve
                                                 Release Gear
                                                                                                                                                               Amendment 49. Comments received
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                                                   Amendment 49 also would also                          FMP Framework Procedure
                                                 update the requirements of some                           Currently, adding or changing careful               after the comment periods will not be
                                                 currently approved devices for clarity                  release devices and protocols for                     considered by NMFS in this decision.
                                                 and simplicity, and to aid fishermen                    incidentally caught sea turtles and other             All comments received by NMFS on the
                                                 and law enforcement with compliance                     protected species requires an                         amendment or the proposed rule during
                                                 and enforcement efforts. These updates                  amendment to the FMP. This limits the                 their respective comment periods will
                                                 would include more specific                             Council and NMFS’ ability to                          be addressed in the final rule.
                                                 measurements for sea turtle release gear.               implement new release devices and                       Authority: 16 U.S.C. 1801 et seq.



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                                                                       Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules                                            50059

                                                   Dated: October 1, 2018.                               Mark the outside of the envelope,                     catch cap, which closes the directed
                                                 Margo Schulze-Haugen,                                   ‘‘Comments on Mackerel Framework                      mackerel fishery and implements a
                                                 Acting Director, Office of Sustainable                  12.’’                                                 20,000-lb (9,072-kg) trip limit for all
                                                 Fisheries, National Marine Fisheries Service.              Instructions: Comments sent by any                 permits once the catch cap, currently 82
                                                 [FR Doc. 2018–21635 Filed 10–3–18; 8:45 am]             other method, to any other address or                 mt of RH/S, has been projected to be
                                                 BILLING CODE 3510–22–P                                  individual, or received after the end of              caught in the directed mackerel fishery.
                                                                                                         the comment period, may not be                        In 2018, the RH/S cap closed the
                                                                                                         considered by NMFS. All comments                      mackerel fishery effective February 27,
                                                 DEPARTMENT OF COMMERCE                                  received are a part of the public record              2018 (83 FR 8635), at which point
                                                                                                         and will generally be posted for public               approximately 88 percent of the
                                                 National Oceanic and Atmospheric                        viewing on www.regulations.gov                        mackerel DAH had been harvested.
                                                 Administration                                          without change. All personal identifying              Despite the early mackerel closure due
                                                                                                         information (e.g., name, address, etc.),              to the RH/S cap, fishery participants,
                                                 50 CFR Part 648                                         confidential business information, or                 including small-scale mackerel jig
                                                 [Docket No. 180807736–8736–01]                          otherwise sensitive information                       fishermen and larger, directed herring
                                                                                                         submitted voluntarily by the sender will              fishermen, whose respective fisheries
                                                 RIN 0648–BI41                                           be publicly accessible. NMFS will                     occur late in the year, raised concern to
                                                                                                         accept anonymous comments (enter                      the Council that if mackerel catch
                                                 Fisheries of the Northeastern United                                                                          reaches 100 percent of its quota and
                                                                                                         ‘‘N/A’’ in the required fields if you wish
                                                 States; Framework Adjustment 12 to                                                                            possession goes to zero pounds, they
                                                                                                         to remain anonymous). Attachments to
                                                 the Atlantic Mackerel, Squid, and                                                                             will be negatively impacted. Projections
                                                                                                         electronic comments will be accepted in
                                                 Butterfish Fishery Management Plan                                                                            indicate a full closure could occur upon
                                                                                                         Microsoft Word, Excel, or Adobe PDF
                                                 AGENCY:  National Marine Fisheries                      formats only.                                         reaching 100 percent of the DAH at
                                                 Service (NMFS), National Oceanic and                       The Mid-Atlantic Fishery                           some point in November or December of
                                                 Atmospheric Administration (NOAA),                      Management Council prepared a draft                   2018, depending on the pace of
                                                 Commerce.                                               supplemental environmental assessment                 mackerel landings.
                                                                                                         for the Framework 12 that describes the                  There is a management uncertainty
                                                 ACTION: Proposed rule; request for
                                                                                                         proposed action and other alternatives                buffer for the mackerel fishery, currently
                                                 comments.
                                                                                                         considered and provides a thorough                    10 percent of the commercial allocation
                                                 SUMMARY:    NMFS proposes to approve                    analysis of the impacts of the proposed               that is primarily designed to account for
                                                 and implement measures included in                      action and alternatives considered.                   the difficulty in closing a high volume
                                                 Framework Adjustment 12 to the                          Copies of the Framework 12 including                  fishery, such as mackerel. Where the
                                                 Atlantic Mackerel, Squid, and Butterfish                the draft SEA and the preliminary                     RH/S cap has already effectively closed
                                                 Fishery Management Plan that would                      Regulatory Impact Review, analysis are                the high-volume part of the fishery, the
                                                 allow the possession of Atlantic                        available from: Christopher Moore,                    buffer is unlikely to be utilized in its
                                                 mackerel after 100 percent of the                       Executive Director, Mid-Atlantic                      original intent this year. Projections
                                                 domestic annual harvest is projected to                 Fishery Management Council, Suite 201,                from Council staff suggest that if the
                                                 be caught. This action proposes to allow                800 State Street, Dover, DE 19901. The                fishery does not go to a zero possession
                                                 the possession of 5,000 lb of Atlantic                  SEA/RIR is accessible via the internet at             limit at 100 percent of the DAH but
                                                 mackerel after 100 percent of the                       http://www.greateratlantic.fisheries.                 rather a 5,000-lb (2,268-kg) trip limit,
                                                 domestic annual harvest is caught                       noaa.gov/ or http://www.mafmc.org.                    then only an additional 384,000-lb
                                                 instead of prohibiting the possession of                                                                      (174,180-kg) would be landed, which is
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      a small part (17 percent) of this year’s
                                                 Atlantic mackerel for the rest of the                   Alyson Pitts, Fishery Management
                                                 year. This action is necessary to prevent                                                                     management uncertainty buffer.
                                                                                                         Specialist, (978) 281–9352,                              The Atlantic mackerel stock was
                                                 unintended consequences and negative                    Alyson.Pitts@noaa.gov.
                                                 economic impacts to other fisheries. The                                                                      recently declared overfished, with
                                                                                                         SUPPLEMENTARY INFORMATION:                            overfishing occurring in 2016. The
                                                 intended effect of this rule is to notify
                                                                                                         Background                                            Council is preparing a rebuilding plan
                                                 the public of this proposed measure and
                                                                                                                                                               via a separate action that is on track to
                                                 to solicit comment on the proposed                         When the Atlantic mackerel fishery                 be effective in 2019. The projections
                                                 change.                                                 starts each year, the various mackerel                from the assessment for that action
                                                 DATES: Public comments must be                          permit categories start with different                indicate that the stock can be rebuilt in
                                                 received by October 19, 2018.                           trip limits. Tier 1 limited access permit             3-, 5-, or 7-year timelines even if the full
                                                 ADDRESSES: You may submit comments                      holders have an unlimited trip limit,                 management uncertainty buffer is
                                                 on this document, identified by NOAA–                   Tier 2 limited access permit holders                  caught this year. The rebuilding plan
                                                 NMFS–2018–0099, by any of the                           have a 135,000-lb (61,235-kg) trip limit,             projections assume that the full
                                                 following methods:                                      and Tier 3 limited access permit holders              management uncertainty buffer will be
                                                    • Electronic Submission: Submit all                  have a 100,000-lb (45,359-kg) trip limit.             caught in 2018.
                                                 electronic public comments via the                      The open access incidental permit has                    Under the proposed change to
                                                 Federal e-Rulemaking Portal. Go to                      a 20,000-lb (9,072-kg) trip limit. When               possession limits when the DAH is
                                                 www.regulations.gov/                                    the fishery reaches 95 percent of the                 harvested, at its June 2018 meeting, the
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                                                 #!docketDetail;D=NOAA-NMFS-2018-                        domestic annual harvest (DAH), all                    Council recommended to change the
                                                 0099, click the ‘‘Comment Now!’’ icon,                  permits have 20,000-lb (9,072-kg) trip                trip limit once 100 percent of the DAH
                                                 complete the required fields, and enter                 limits. When the fishery reaches 100                  is landed, from zero pounds to 5,000 lb
                                                 or attach your comments.                                percent of the DAH, no mackerel                       (2,268 kg) through Framework 12. The
                                                    • Mail: Michael Pentony, Regional                    possession is allowed by vessels with                 New England Fishery Management
                                                 Administrator, NMFS, Greater Atlantic                   Federal mackerel permits.                             Council also discussed the issue in June
                                                 Regional Fisheries Office, 55 Great                        The mackerel fishery also operates                 2018 and expressed support for an
                                                 Republic Drive, Gloucester, MA 01930.                   under a river herring and shad (RH/S)                 action that would avoid the full


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Document Created: 2018-10-04 02:02:22
Document Modified: 2018-10-04 02:02:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of availability (NOA); request for comments.
DatesWritten comments on Amendment 49 must be received by December 3, 2018.
ContactSusan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305; email: [email protected]
FR Citation83 FR 50056 
RIN Number0648-BH92

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