Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management Measures, 71471-71474 [2016-24998]
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules
TABLE 3—ESA FOREIGN SPECIES LISTING ACTIONS PUBLISHED SINCE THE PREVIOUS ANOR WAS PUBLISHED ON APRIL
25, 2013—Continued
Publication date
Species
Action
10/7/2014 ..........
10/29/2014 ........
4/10/2015 ..........
Straight-horned markhor .......................................
African lion ............................................................
Egyptian tortoise, golden conure, and long-tailed
chinchilla.
Chimpanzee ..........................................................
Honduran emerald hummingbird ..........................
Great green and military macaw ..........................
Lion—Panthera leo leo .........................................
Lion—Panthera leo melanochaita .........................
Scarlet-chested parakeet and turquoise parakeet
African elephant, Chinese pangolin, giant ground
pangolin, Indian pangolin, long-tailed pangolin,
Philippine pangolin, Sunda pangolin, tree pangolin.
Scarlet macaw ......................................................
Final rule: Threatened with special rule ...............
Proposed rule: Threatened with special rule ........
90-day findings; initiation of status reviews ..........
79 FR 60365–60379
79 FR 64472–64502
80 FR 19259–19263
Final rule; endangered ..........................................
Final rule; endangered ..........................................
Final rule; endangered ..........................................
Final rule; endangered ..........................................
Final rule; threatened with special rule .................
Reopening of the public comment period .............
90-day findings; initiation of status reviews ..........
80
80
80
80
80
81
81
Revised proposed listing rule ...............................
81 FR 20302–20316
6/16/2015 ..........
7/29/2015 ..........
10/2/2015 ..........
12/23/2015 ........
12/23/2015 ........
1/21/2016 ..........
3/16/2016 ..........
4/7/2016 ............
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Our expeditious progress also
includes work on pending listing
actions described above in our
‘‘precluded finding,’’ but for which
decisions had not been completed at the
time of this publication. After taking
into consideration the limited resources
available for listing foreign species, the
competing demands for those funds,
and the completed work catalogued in
the tables above, we find that we are
making expeditious progress to add
qualified species to the Lists in FY 2016.
We have endeavored to make our
listing actions as efficient and timely as
possible, given the requirements of the
relevant law and regulations, and
constraints relating to workload and
personnel. We are continually
considering ways to streamline
processes or achieve economies of scale,
such as by publishing related actions
together.
Monitoring
Section 4(b)(3)(C)(iii) of the Act
requires us to ‘‘implement a system to
monitor effectively the status of all
species’’ for which we have made a
warranted-but-precluded 12-month
finding, and to ‘‘make prompt use of the
[emergency listing] authority [under
section 4(b)(7)] to prevent a significant
risk to the well-being of any such
species.’’ For foreign species, the
Service’s ability to gather information to
monitor species is limited. The Service
welcomes all information relevant to the
status of these species, because we have
no ability to gather data in foreign
countries directly and cannot compel
another country to provide information.
Thus, this CNOR–FS plays a critical role
in our monitoring efforts for foreign
species.
With each CNOR–FS, we request
information on the status of the species
included in the CNOR–FS. Information
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and comments on the annual findings
can be submitted at any time. We review
all new information received through
this process as well as any other new
information we obtain using a variety of
methods. We collect information
directly from range countries by
correspondence, from peer-reviewed
scientific literature, unpublished
literature, scientific meeting
proceedings, and CITES documents
(including species proposals and reports
from scientific committees). We also
obtain information through the permitapplication processes under CITES, the
Act, and the Wild Bird Conservation Act
(16 U.S.C. 4901 et seq.). We also consult
with the IUCN species specialist groups
and staff members of the U.S. CITES
Scientific and Management Authorities,
and the Division of International
Conservation; and we attend scientific
meetings, when possible, to obtain
current status information for relevant
species. As previously stated, if we
identify any species for which
emergency listing is appropriate, we
will make prompt use of the emergency
listing authority under section 4(b)(7) of
the Act.
References Cited
A list of the references used to
develop this CNOR–FS is available at
https://www.regulations.gov at Docket
No. FWS–HQ–ES–2016–0072.
Authors
This Candidate Notice of Review of
Foreign Species was primarily authored
by staff of the Branch of Foreign Species
and Jesse D’Elia, Ecological Services
Program, U.S. Fish and Wildlife Service.
Authority
This Candidate Notice of Review of
Foreign Species is published under the
authority of the Endangered Species Act
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FR
FR
FR
FR
FR
FR
FR
34500–34525
45086–45097
59976–60021
80000–80056
80000–80056
3373–3374
14058–14072
of 1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: September 29, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–24931 Filed 10–14–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160510416–6416–01]
RIN 0648–BG06
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Yellowtail Snapper Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in a
framework action to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico (Gulf)
Fishery Management Council (Gulf
Council). If implemented, this proposed
rule would revise the yellowtail snapper
commercial and recreational fishing
year and remove the requirement to use
circle hooks for the commercial harvest
of yellowtail snapper in the Gulf
exclusive economic zone (EEZ) south of
Cape Sable, Florida. The purpose of this
SUMMARY:
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Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Proposed Rules
proposed rule is to increase the
operational efficiency of the yellowtail
snapper component of the commercial
reef fish fishery, achieve optimum yield,
and decrease the regulatory burden of
compliance with differing regulations
established by separate regulatory
agencies across the adjacent Gulf and
South Atlantic jurisdictions.
Written comments must be
received by November 16, 2016.
DATES:
You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2016–0058’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal
Rulemaking Portal. Go to
www.regulations.gov, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter your attached
comments.
• Mail: Submit all written comments
to Cynthia Meyer, NMFS Southeast
Regional Office (SERO), 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies of the framework
action, which includes an
environmental assessment, Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from www.regulations.gov or
the SERO Web site at https://
sero.nmfs.noaa.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, NMFS SERO, telephone:
727–824–5305, email: cynthia.meyer@
noaa.gov.
The Gulf
reef fish fishery includes yellowtail
snapper and is managed under the FMP.
The FMP was prepared by the Gulf
Council and is implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
jstallworth on DSK7TPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
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Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve on a continuing basis, the
optimum yield from federally managed
fish stocks. These mandates are
intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, while also protecting
marine ecosystems. To further attain
this goal, the Magnuson-Stevens Act
requires fishery managers to minimize
bycatch and bycatch mortality to the
extent practicable.
In the southeastern United States,
yellowtail snapper are harvested by both
commercial and recreational fishermen,
with landings coming almost
exclusively from waters adjacent to
Florida. Yellowtail snapper are managed
separately in the Gulf and South
Atlantic but are a single genetic stock.
The 2012 Southeast Data, Assessment,
and Review (SEDAR 27) combined the
two areas for stock assessment purposes
and indicated that yellowtail snapper in
the Gulf and South Atlantic were not
overfished and not experiencing
overfishing as of 2010, the last year of
data used in SEDAR 27. Yellowtail
snapper has one overfishing limit, and
its acceptable biological catch (ABC) is
further subdivided into two regional
ABCs for management purposes. The
South Atlantic is allocated 75 percent of
the stock yellowtail snapper ABC, and
the Gulf is allocated 25 percent of the
stock ABC. The annual catch limits
(ACLs) are equal to the ABCs. The ACL
for South Atlantic yellowtail snapper is
further divided between the commercial
and recreational sectors, but the ACL for
yellowtail snapper in the Gulf is not
divided between sectors. On average,
about 97 percent of yellowtail snapper
landings in the Gulf occur from
commercial harvest.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
fishing year for Gulf yellowtail snapper
and the gear requirements for the
yellowtail snapper commercial sector.
Yellowtail Snapper Fishing Year
Previously, the fishing year for both
the commercial and recreational sectors
for yellowtail snapper in the Gulf and
the South Atlantic was January 1
through December 31. The South
Atlantic Council recently changed the
yellowtail snapper fishing year in the
South Atlantic to begin on August 1,
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and end on July 31, for both the
commercial and recreational sectors (81
FR 45245, July 13, 2016). The South
Atlantic Council made this change to
align any ACL closure that may be
required more closely with the
yellowtail snapper peak spawning
period. This proposed rule would
similarly revise the fishing year for Gulf
yellowtail snapper for both the
commercial and recreational sectors to
be August 1 through July 31 each year.
Although the harvest of yellowtail
snapper in the Gulf has not exceeded
the stock ACL since ACLs were
implemented in 2011 (76 FR 82044,
December 29, 2011), this proposed
change would similarly more closely
align any required ACL closure in the
Gulf with the peak spawning season. In
addition, having the same fishing year
for both the Gulf and South Atlantic
would benefit some commercial
fishermen that harvest yellowtail
snapper in both regions by decreasing
the compliance burden of different
regulations for the same species in
adjacent management areas.
Yellowtail Snapper Gear Requirements
In the Gulf, a person harvesting reef
fish, including yellowtail snapper, is
required to use non-stainless steel circle
hooks when fishing with natural bait (50
CFR 622.30(a)). This measure was put in
place to reduce the post-release
mortality of Gulf reef fish. This
proposed rule would revise this
requirement to also allow the use of
other non-stainless steel hook types,
such as J-hooks, when commercial
fishing with natural bait for yellowtail
snapper in the area south of a line
extending due west from 25°09’ N. lat.
off the west coast of Monroe County,
Florida, to the Gulf and South Atlantic
Councils’ boundary. The northern
boundary of the area for this proposed
gear exemption coincides with a
management boundary already used by
the Florida Fish and Wildlife
Conservation Commission.
Landings of yellowtail snapper in the
Gulf come almost exclusively from
waters adjacent to Florida, with over 97
percent of these landings, on average, by
the commercial sector. The Gulf Council
determined that allowing other hook
types for the commercial harvest of
yellowtail snapper in Federal waters off
south Florida was appropriate because
of the specific fishing method used only
by commercial fishermen that allow for
quicker de-hooking when the fish are
caught using J-hooks. These fishermen
attract the fish to the surface using
chum and then use small hooks with
natural bait and cane poles (rods with
approximately 15 ft (4.6 m) of
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monofilament fishing line tied to the tip
of the rod) or spinning reels to catch
yellowtail snapper. The landed fish are
then quickly de-hooked by pulling the
fishing line across a horizontal bar, on
which the hook catches, dropping the
fish into a hold with ice. Allowing the
use of J-hooks is expected to result in
less handling of undersized fish that
need to be discarded, thereby increasing
efficiency and potentially decreasing
post-release mortality. This change will
also make the gear requirements for the
commercial harvest of yellowtail
snapper consistent between the Gulf
and South Atlantic. In the South
Atlantic, snapper-grouper Federal
permit holders are not required to use
circle hooks when fishing for any
species within the snapper-grouper
complex, south of 28°00′ N. lat.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework amendment, the
FMP, the Magnuson-Stevens Act, and
other applicable laws, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility
Act, the Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if implemented,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows:
The purposes of this proposed rule
are to eliminate certain inconsistencies
between the regulations established by
the Gulf and South Atlantic Councils for
the harvest of yellowtail snapper in Gulf
waters, to increase the operational
efficiency of the yellowtail snapper
component of the commercial reef fish
fishery, achieve optimum yield, and
decrease the regulatory burden of
compliance with differing regulations
established by separate regulatory
agencies across the adjacent Gulf and
South Atlantic jurisdictions. The
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented,
would remove the requirement to use
circle hooks when commercial fishing
with natural bait for yellowtail snapper
and allow the use of other non-stainless
steel hook types with natural baits in an
area south of 25°09′ N. lat. off the west
coast of Monroe County, Florida (Cape
Sable) to the Gulf and South Atlantic
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Councils’ jurisdictional boundary. In
addition, this proposed rule would
change the yellowtail snapper fishing
year for the commercial and recreational
sectors from January 1 through
December 31 to August 1 through July
31.
As a result, this proposed rule would
be expected to directly affect federally
permitted commercial vessels that
harvest yellowtail snapper in the Gulf.
Over the period 2010–2014, based on
Federal logbook data that include
harvests from state waters, an average of
132 vessels per year recorded
commercial yellowtail snapper harvests
anywhere in the Gulf and an average of
70 vessels per year recorded commercial
yellowtail snapper harvests in the Gulf
waters off Monroe County (state and
Federal waters). The maximum number
of vessels with recorded commercial
yellowtail snapper harvests during this
period within both groups of vessels
was 163 (all vessels Gulf-wide; 2014)
and 73 (Monroe County area; 2010 and
2014), respectively. The proposed
removal of the circle hook requirement
would only be expected to directly
affect federally permitted vessels that
fish in the Monroe County area, whereas
the proposed change in the fishing year
could affect all commercial vessels that
harvest yellowtail snapper in the Gulf.
As a result, this proposed rule would be
expected to apply to 70–163 commercial
fishing vessels. The average annual
gross revenue (2014 dollars) from all
species harvested on all trips by the
vessels identified with recorded
yellowtail snapper harvests in logbook
data over the period 2010–2014 within
both groups of vessels was
approximately $107,000 (all vessels
Gulf-wide) and approximately $41,000
(Monroe County area).
No small entities associated with the
recreational sector would be expected to
be directly affected by the proposed
change to the yellowtail snapper fishing
year. Only recreational anglers are
allowed to recreationally harvest
yellowtail snapper in Gulf Federal
waters and may be directly affected in
changes to the fishing year. However,
recreational anglers are not small
entities under the RFA. Although forhire businesses (charter vessels and
headboats) operate in the recreational
sector, these businesses only sell fishing
services to recreational anglers and do
not have harvest rights to the yellowtail
snapper. For-hire vessels provide a
platform for the opportunity to fish and
not a guarantee to catch or harvest any
species, though expectations of
successful fishing, however defined,
likely factor into the decision by anglers
to purchase these services. Because the
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proposed change in the yellowtail
snapper fishing year would not directly
alter the basic service sold by for-hire
vessels, this proposed action would not
directly apply to or regulate their
operations. Any change in vessel
business would be a result of changes in
angler demand for these fishing services
that occurs as a result of the behavioral
decision by anglers, i.e., to fish or not,
as influenced by the fishing year.
Therefore, any effects on the associated
for-hire vessels would be one step
removed from the anglers’ decision and
an indirect effect of the proposed action.
Because the effects on for-hire vessels
would be indirect, they fall outside the
scope of the RFA.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
rule.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. All commercial
fishing vessels expected to be directly
affected by this proposed rule are
believed to be small business entities.
The proposed removal of the
requirement to use circle hooks when
commercial fishing with natural bait for
yellowtail snapper south of 25°09′ N.
lat. off the west coast of Monroe County,
Florida (Cape Sable) to the Gulf and
South Atlantic Councils’ jurisdictional
boundary would be expected to afford
more flexibility and improve the
operational efficiency of commercial
fishing vessels that harvest yellowtail
snapper in this area. For example, Jhooks are more effective in the
commercial harvest of yellowtail
snapper, allow for quicker de-hooking
and less handling of undersized fish
that need to be discarded, and result in
decreased post-release mortality. Using
J-hooks with natural bait is also an
allowable gear for the commercial
harvest of yellowtail snapper in Federal
waters off south Florida under the
management jurisdiction of the South
Atlantic Council. In south Florida, many
fishermen fish in the jurisdiction of both
Councils and allowing the use of a
common hook type for yellowtail
snapper would be expected to increase
their operational efficiency and reduce
gear expenses. Removal of the circle
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hook requirement would also be
expected to allow fishermen to choose
the hook that is more effective for their
fishing circumstances, which would be
expected to increase their harvest of
yellowtail snapper, as well as associated
revenue and profit. Thus, this proposed
action would be expected to result in
increased economic benefits to any
affected small entities.
Because some commercial fishing
vessels often operate in both state and
Federal waters, as well as in both the
Gulf and South Atlantic, the proposed
change in the fishing year would be
expected to result in positive economic
benefits associated with improved
consistency of the yellowtail snapper
fishing seasons in all of these areas.
Consistent seasons, and other
regulations, allow fishermen greater
flexibility in choosing where and when
to fish in general and for specific
species. When fishing for yellowtail
snapper, consistent seasons would
allow fishermen to operate in areas that
are most productive and without
concern about which regulatory
jurisdiction applies. Overall, the
increased operational flexibility would
be expected to result in increased profit
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to the directly affected small businesses.
These economic benefits may be small,
however, and limited to those benefits
associated with operational flexibility.
Based on the discussion above, NMFS
determines that this proposed rule, if
implemented, would result in an
increase in revenue and associated
profits and would not have a significant
adverse economic effect on a substantial
number of small entities. As a result, an
initial regulatory flexibility analysis is
not required.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
South Atlantic, Yellowtail snapper.
Dated: October 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
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Authority: 16 U.S.C. 1801 et seq.
2. In § 622.7, add paragraph (g) to read
as follows:
■
§ 622.7
Fishing years.
*
*
*
*
*
(g) Gulf of Mexico yellowtail
snapper—August 1 through July 31.
■ 3. In § 622.30, revise paragraph (a) to
read as follows:
§ 622.30
Required fishing gear.
*
*
*
*
*
(a) Non-stainless steel circle hooks.
Non-stainless steel circle hooks are
required when fishing with natural
baits, except that other non-stainless
steel hook types may be used when
commercial fishing for yellowtail
snapper with natural baits in an area
south of a line extending due west from
25°09′ N. lat. off the west coast of
Monroe County, Florida, to the Gulf of
Mexico and South Atlantic intercouncil
boundary, specified in § 600.105(c).
*
*
*
*
*
[FR Doc. 2016–24998 Filed 10–14–16; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Proposed Rules]
[Pages 71471-71474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24998]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160510416-6416-01]
RIN 0648-BG06
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of
Mexico (Gulf) Fishery Management Council (Gulf Council). If
implemented, this proposed rule would revise the yellowtail snapper
commercial and recreational fishing year and remove the requirement to
use circle hooks for the commercial harvest of yellowtail snapper in
the Gulf exclusive economic zone (EEZ) south of Cape Sable, Florida.
The purpose of this
[[Page 71472]]
proposed rule is to increase the operational efficiency of the
yellowtail snapper component of the commercial reef fish fishery,
achieve optimum yield, and decrease the regulatory burden of compliance
with differing regulations established by separate regulatory agencies
across the adjacent Gulf and South Atlantic jurisdictions.
DATES: Written comments must be received by November 16, 2016.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2016-0058'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov, click the
``Comment Now!'' icon, complete the required fields, and enter your
attached comments.
Mail: Submit all written comments to Cynthia Meyer, NMFS
Southeast Regional Office (SERO), 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of the framework action, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from
www.regulations.gov or the SERO Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, NMFS SERO, telephone:
727-824-5305, email: cynthia.meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes
yellowtail snapper and is managed under the FMP. The FMP was prepared
by the Gulf Council and is implemented by NMFS through regulations at
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, while also
protecting marine ecosystems. To further attain this goal, the
Magnuson-Stevens Act requires fishery managers to minimize bycatch and
bycatch mortality to the extent practicable.
In the southeastern United States, yellowtail snapper are harvested
by both commercial and recreational fishermen, with landings coming
almost exclusively from waters adjacent to Florida. Yellowtail snapper
are managed separately in the Gulf and South Atlantic but are a single
genetic stock. The 2012 Southeast Data, Assessment, and Review (SEDAR
27) combined the two areas for stock assessment purposes and indicated
that yellowtail snapper in the Gulf and South Atlantic were not
overfished and not experiencing overfishing as of 2010, the last year
of data used in SEDAR 27. Yellowtail snapper has one overfishing limit,
and its acceptable biological catch (ABC) is further subdivided into
two regional ABCs for management purposes. The South Atlantic is
allocated 75 percent of the stock yellowtail snapper ABC, and the Gulf
is allocated 25 percent of the stock ABC. The annual catch limits
(ACLs) are equal to the ABCs. The ACL for South Atlantic yellowtail
snapper is further divided between the commercial and recreational
sectors, but the ACL for yellowtail snapper in the Gulf is not divided
between sectors. On average, about 97 percent of yellowtail snapper
landings in the Gulf occur from commercial harvest.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the fishing year for Gulf
yellowtail snapper and the gear requirements for the yellowtail snapper
commercial sector.
Yellowtail Snapper Fishing Year
Previously, the fishing year for both the commercial and
recreational sectors for yellowtail snapper in the Gulf and the South
Atlantic was January 1 through December 31. The South Atlantic Council
recently changed the yellowtail snapper fishing year in the South
Atlantic to begin on August 1, and end on July 31, for both the
commercial and recreational sectors (81 FR 45245, July 13, 2016). The
South Atlantic Council made this change to align any ACL closure that
may be required more closely with the yellowtail snapper peak spawning
period. This proposed rule would similarly revise the fishing year for
Gulf yellowtail snapper for both the commercial and recreational
sectors to be August 1 through July 31 each year. Although the harvest
of yellowtail snapper in the Gulf has not exceeded the stock ACL since
ACLs were implemented in 2011 (76 FR 82044, December 29, 2011), this
proposed change would similarly more closely align any required ACL
closure in the Gulf with the peak spawning season. In addition, having
the same fishing year for both the Gulf and South Atlantic would
benefit some commercial fishermen that harvest yellowtail snapper in
both regions by decreasing the compliance burden of different
regulations for the same species in adjacent management areas.
Yellowtail Snapper Gear Requirements
In the Gulf, a person harvesting reef fish, including yellowtail
snapper, is required to use non-stainless steel circle hooks when
fishing with natural bait (50 CFR 622.30(a)). This measure was put in
place to reduce the post-release mortality of Gulf reef fish. This
proposed rule would revise this requirement to also allow the use of
other non-stainless steel hook types, such as J-hooks, when commercial
fishing with natural bait for yellowtail snapper in the area south of a
line extending due west from 25[deg]09' N. lat. off the west coast of
Monroe County, Florida, to the Gulf and South Atlantic Councils'
boundary. The northern boundary of the area for this proposed gear
exemption coincides with a management boundary already used by the
Florida Fish and Wildlife Conservation Commission.
Landings of yellowtail snapper in the Gulf come almost exclusively
from waters adjacent to Florida, with over 97 percent of these
landings, on average, by the commercial sector. The Gulf Council
determined that allowing other hook types for the commercial harvest of
yellowtail snapper in Federal waters off south Florida was appropriate
because of the specific fishing method used only by commercial
fishermen that allow for quicker de-hooking when the fish are caught
using J-hooks. These fishermen attract the fish to the surface using
chum and then use small hooks with natural bait and cane poles (rods
with approximately 15 ft (4.6 m) of
[[Page 71473]]
monofilament fishing line tied to the tip of the rod) or spinning reels
to catch yellowtail snapper. The landed fish are then quickly de-hooked
by pulling the fishing line across a horizontal bar, on which the hook
catches, dropping the fish into a hold with ice. Allowing the use of J-
hooks is expected to result in less handling of undersized fish that
need to be discarded, thereby increasing efficiency and potentially
decreasing post-release mortality. This change will also make the gear
requirements for the commercial harvest of yellowtail snapper
consistent between the Gulf and South Atlantic. In the South Atlantic,
snapper-grouper Federal permit holders are not required to use circle
hooks when fishing for any species within the snapper-grouper complex,
south of 28[deg]00' N. lat.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework amendment, the FMP, the Magnuson-Stevens
Act, and other applicable laws, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility Act, the Chief Counsel for
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration (SBA) that this
proposed rule, if implemented, would not have a significant economic
impact on a substantial number of small entities. The factual basis for
this determination is as follows:
The purposes of this proposed rule are to eliminate certain
inconsistencies between the regulations established by the Gulf and
South Atlantic Councils for the harvest of yellowtail snapper in Gulf
waters, to increase the operational efficiency of the yellowtail
snapper component of the commercial reef fish fishery, achieve optimum
yield, and decrease the regulatory burden of compliance with differing
regulations established by separate regulatory agencies across the
adjacent Gulf and South Atlantic jurisdictions. The Magnuson-Stevens
Act provides the statutory basis for this proposed rule.
This proposed rule, if implemented, would remove the requirement to
use circle hooks when commercial fishing with natural bait for
yellowtail snapper and allow the use of other non-stainless steel hook
types with natural baits in an area south of 25[deg]09' N. lat. off the
west coast of Monroe County, Florida (Cape Sable) to the Gulf and South
Atlantic Councils' jurisdictional boundary. In addition, this proposed
rule would change the yellowtail snapper fishing year for the
commercial and recreational sectors from January 1 through December 31
to August 1 through July 31.
As a result, this proposed rule would be expected to directly
affect federally permitted commercial vessels that harvest yellowtail
snapper in the Gulf. Over the period 2010-2014, based on Federal
logbook data that include harvests from state waters, an average of 132
vessels per year recorded commercial yellowtail snapper harvests
anywhere in the Gulf and an average of 70 vessels per year recorded
commercial yellowtail snapper harvests in the Gulf waters off Monroe
County (state and Federal waters). The maximum number of vessels with
recorded commercial yellowtail snapper harvests during this period
within both groups of vessels was 163 (all vessels Gulf-wide; 2014) and
73 (Monroe County area; 2010 and 2014), respectively. The proposed
removal of the circle hook requirement would only be expected to
directly affect federally permitted vessels that fish in the Monroe
County area, whereas the proposed change in the fishing year could
affect all commercial vessels that harvest yellowtail snapper in the
Gulf. As a result, this proposed rule would be expected to apply to 70-
163 commercial fishing vessels. The average annual gross revenue (2014
dollars) from all species harvested on all trips by the vessels
identified with recorded yellowtail snapper harvests in logbook data
over the period 2010-2014 within both groups of vessels was
approximately $107,000 (all vessels Gulf-wide) and approximately
$41,000 (Monroe County area).
No small entities associated with the recreational sector would be
expected to be directly affected by the proposed change to the
yellowtail snapper fishing year. Only recreational anglers are allowed
to recreationally harvest yellowtail snapper in Gulf Federal waters and
may be directly affected in changes to the fishing year. However,
recreational anglers are not small entities under the RFA. Although
for-hire businesses (charter vessels and headboats) operate in the
recreational sector, these businesses only sell fishing services to
recreational anglers and do not have harvest rights to the yellowtail
snapper. For-hire vessels provide a platform for the opportunity to
fish and not a guarantee to catch or harvest any species, though
expectations of successful fishing, however defined, likely factor into
the decision by anglers to purchase these services. Because the
proposed change in the yellowtail snapper fishing year would not
directly alter the basic service sold by for-hire vessels, this
proposed action would not directly apply to or regulate their
operations. Any change in vessel business would be a result of changes
in angler demand for these fishing services that occurs as a result of
the behavioral decision by anglers, i.e., to fish or not, as influenced
by the fishing year. Therefore, any effects on the associated for-hire
vessels would be one step removed from the anglers' decision and an
indirect effect of the proposed action. Because the effects on for-hire
vessels would be indirect, they fall outside the scope of the RFA.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed rule.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. All commercial fishing vessels
expected to be directly affected by this proposed rule are believed to
be small business entities.
The proposed removal of the requirement to use circle hooks when
commercial fishing with natural bait for yellowtail snapper south of
25[deg]09' N. lat. off the west coast of Monroe County, Florida (Cape
Sable) to the Gulf and South Atlantic Councils' jurisdictional boundary
would be expected to afford more flexibility and improve the
operational efficiency of commercial fishing vessels that harvest
yellowtail snapper in this area. For example, J-hooks are more
effective in the commercial harvest of yellowtail snapper, allow for
quicker de-hooking and less handling of undersized fish that need to be
discarded, and result in decreased post-release mortality. Using J-
hooks with natural bait is also an allowable gear for the commercial
harvest of yellowtail snapper in Federal waters off south Florida under
the management jurisdiction of the South Atlantic Council. In south
Florida, many fishermen fish in the jurisdiction of both Councils and
allowing the use of a common hook type for yellowtail snapper would be
expected to increase their operational efficiency and reduce gear
expenses. Removal of the circle
[[Page 71474]]
hook requirement would also be expected to allow fishermen to choose
the hook that is more effective for their fishing circumstances, which
would be expected to increase their harvest of yellowtail snapper, as
well as associated revenue and profit. Thus, this proposed action would
be expected to result in increased economic benefits to any affected
small entities.
Because some commercial fishing vessels often operate in both state
and Federal waters, as well as in both the Gulf and South Atlantic, the
proposed change in the fishing year would be expected to result in
positive economic benefits associated with improved consistency of the
yellowtail snapper fishing seasons in all of these areas. Consistent
seasons, and other regulations, allow fishermen greater flexibility in
choosing where and when to fish in general and for specific species.
When fishing for yellowtail snapper, consistent seasons would allow
fishermen to operate in areas that are most productive and without
concern about which regulatory jurisdiction applies. Overall, the
increased operational flexibility would be expected to result in
increased profit to the directly affected small businesses. These
economic benefits may be small, however, and limited to those benefits
associated with operational flexibility.
Based on the discussion above, NMFS determines that this proposed
rule, if implemented, would result in an increase in revenue and
associated profits and would not have a significant adverse economic
effect on a substantial number of small entities. As a result, an
initial regulatory flexibility analysis is not required.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, South Atlantic, Yellowtail
snapper.
Dated: October 11, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, add paragraph (g) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(g) Gulf of Mexico yellowtail snapper--August 1 through July 31.
0
3. In Sec. 622.30, revise paragraph (a) to read as follows:
Sec. 622.30 Required fishing gear.
* * * * *
(a) Non-stainless steel circle hooks. Non-stainless steel circle
hooks are required when fishing with natural baits, except that other
non-stainless steel hook types may be used when commercial fishing for
yellowtail snapper with natural baits in an area south of a line
extending due west from 25[deg]09' N. lat. off the west coast of Monroe
County, Florida, to the Gulf of Mexico and South Atlantic intercouncil
boundary, specified in Sec. 600.105(c).
* * * * *
[FR Doc. 2016-24998 Filed 10-14-16; 8:45 am]
BILLING CODE 3510-22-P
