Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management Measures, 10309-10311 [2017-02786]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations
with the Corps regarding the
practicability of the modifications) if
doing so creates a reasonable likelihood
of more effectively accomplishing the
goals of the mitigation and monitoring
set forth in the preamble for these
regulations;
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in an LOA:
(A) Results from the Corps’
monitoring from the previous year(s);
(B) Results from other marine
mammal and/or sound research or
studies; and
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent LOAs; and
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of LOA in the Federal Register and
solicit public comment; and
(2) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified in § 217.236, an LOA may be
modified without prior notice or
opportunity for public comment. Notice
will be published in the Federal
Register within thirty days of the action.
[FR Doc. 2017–02782 Filed 2–9–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160510416–6999–02]
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: Final rule.
rmajette on DSK2TPTVN1PROD with RULES
AGENCY:
NMFS issues regulations 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
SUMMARY:
VerDate Sep<11>2014
13:51 Feb 09, 2017
Jkt 241001
Council (Gulf Council). This final rule
revises the yellowtail snapper
commercial and recreational fishing
year and removes 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
final rule is to increase the operational
efficiency of the yellowtail snapper
component of the commercial sector of
the Gulf 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.
This final rule is effective March
13, 2017.
ADDRESSES: 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.
DATES:
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, NMFS Southeast
Regional Office, 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
On October 17, 2016, NMFS
published a proposed rule for the
framework action and requested public
comment (FR 81 71471). The proposed
rule and the framework action outline
the rationale for the actions contained in
this final rule. A summary of the
management measures described in the
framework action and implemented by
this final rule is provided below.
In the southeastern United States,
yellowtail snapper are harvested by both
commercial and recreational fishers,
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.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
10309
Management Measures Contained in
This Final Rule
This final rule revises the fishing year
for Gulf yellowtail snapper and the
fishing gear requirements for the Gulf
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 Fishery Management Council
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). This final
rule similarly revises 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 fishing year
revision may more closely align any
required ACL closure in the Gulf, if one
were to occur, with any ACL closure in
the South Atlantic. In addition, having
the same fishing year for both the Gulf
and South Atlantic would benefit those
commercial fishers 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 Fishing 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 final
rule revises 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’ shared boundary. The
northern boundary of the area for this
fishing gear exemption coincides with a
state of Florida species management
boundary already put in place by the
Florida Fish and Wildlife Conservation
Commission.
The Gulf Council determined that
allowing other hook types for the
commercial harvest of yellowtail
snapper in Federal waters off south
E:\FR\FM\10FER1.SGM
10FER1
10310
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
Florida was appropriate because of the
specific fishing method used by
commercial fishers that allows for
quicker de-hooking when the fish are
caught using J-hooks. Yellowtail
snapper fishers have stated that J-hooks
catch in the mouth of fish upon jerking
the rod upward when fishers feel the
fish take the bait. Landed fish are then
quickly de-hooked using a purpose-built
rig by pulling the fishing line across a
horizontal bar, on which the hook
catches. Allowing the use of non-circle
hooks, such as 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 makes the fishing gear
requirements for the commercial harvest
of yellowtail snapper consistent
between the Gulf and South Atlantic. In
the South Atlantic, snapper-grouper
Federal commercial 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.
Comments and Responses
NMFS received a total of seven
comments on the proposed rule. One
comment supportive of the proposed
rule and one comment outside the scope
of the proposed rule are not addressed
in this final rule. Specific comments
related to the framework action and the
proposed rule, and NMFS’ responses,
have been grouped together by topic and
are summarized below.
Comment 1: The fishing year for Gulf
yellowtail snapper should not be
revised. Having the same fishing year of
August 1 through July 31 for both the
Gulf and South Atlantic limits the
opportunity for the stock to spawn and
to replenish the respective populations.
Additionally, maintaining different
fishing years between the Gulf and
South Atlantic helps to maintain a more
steady opportunity to fish for yellowtail
snapper.
Response: NMFS disagrees that the
fishing year for Gulf yellowtail snapper
should not be revised. Although
spawning of yellowtail snapper in
southeastern U.S. waters can occur yearround, their peak spawning period is
from April to August. By starting the
fishing year in August, any closure near
the end of the fishing year, as a result
of meeting the annual catch limit,
would correspond with the species’
peak spawning period.
Additionally, establishing identical
fishing seasons for the Gulf and South
Atlantic is unlikely to affect the
opportunity to fish for yellowtail
snapper because the Gulf stock ACL has
VerDate Sep<11>2014
13:51 Feb 09, 2017
Jkt 241001
not been exceeded since ACLs were
implemented in 2011. However,
aligning the fishing years may improve
regulatory compliance and reduce the
enforcement burden. It can be
challenging for fishers to abide by
different regulations in the areas where
the Gulf and South Atlantic Councils’
jurisdictions are adjacent, because a
single fishing trip may involve fishing
in multiple jurisdictions. The change to
the fishing year was also widely
supported in comments provided to the
Gulf Council during the development of
the framework action.
Comment 2: Circle hooks should
continue to be required to fish for Gulf
yellowtail snapper. Removing the
requirement for circle hooks will cause
increased harm and mortality to
released fish, both yellowtail snapper
and any bycatch.
Response: NMFS disagrees that
allowing the use of hooks other than
circle hooks for the commercial harvest
of yellowtail snapper off of the
southwest coast of Florida will cause
increased harm and mortality to
released fish. The change in fishing gear
requirements to allow for the use of Jhooks is only for the limited area of the
Gulf just south of Cape Sable on the
west coast of Florida, where the
majority of commercial yellowtail
snapper in the Gulf are caught. The
requirement for circle hooks will remain
in effect for the rest of the Gulf EEZ.
Commercial yellowtail snapper
fishers use chum bags on the surface to
attract yellowtail snapper to the stern of
the fishing vessel, and then use natural
bait on small hooks to catch and land
the fish. Circle hooks are designed to be
swallowed by the fish, come back up the
fish’s esophagus as the fish swims away,
and finally hook the fish in the mouth.
This practice requires fishers to allow
the fish to swim off with the bait and
then become hooked. Directed
commercial yellowtail snapper fishing
practices do not accommodate allowing
a fish to swim off with the bait, which
prevents the use of circle hooks as they
are designed. Commercial yellowtail
snapper fishers also use a fishing
method that allows them to release
yellowtail snapper which have been
caught with J-hooks more easily than
those caught with circle hooks, resulting
in decreased handling times for fish
which are to be discarded. Decreased
handling times of yellowtail snapper by
fishers may help reduce discard
mortality rates. In addition, fishers can
proactively prevent other fish species
from taking bait at the surface, largely
due to the close proximity of the fisher
to the bait, which facilitates a direct
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
view of feeding activity and
identification of the fish.
Comment 3: The change in hook
requirements should apply to both the
recreational and commercial harvest of
yellowtail snapper because recreational
fishers use the same technique as
commercial fishers to harvest these fish.
Response: The Council determined,
and NMFS agrees, that it is not
necessary to change the circle hook
requirement for the recreational sector
at this time. 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. Some commercial yellowtail
snapper fishers reported that the small
circle hooks necessary to target
yellowtail snapper are more likely to be
swallowed completely into the fish’s
stomach. This makes it more likely that
the hook will snag somewhere in the
fish’s digestive track and makes it more
difficult to release fish quickly, which
reduces efficiency. The Council did not
consider changing the hook requirement
for the recreational sector because of the
inherent multi-species nature of
recreational fishing activities when
yellowtail snapper are included, and
because there was no expressed need to
increase operational efficiency in the
recreational fishing sector, which
harvests only a small percentage of the
total yellowtail snapper landings.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
consistent with the framework
amendment, the FMP, the MagnusonStevens Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this final
rule would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this determination was
published in the proposed rule and is
not repeated here. No significant issues
were received regarding the certification
from public comments on the proposed
E:\FR\FM\10FER1.SGM
10FER1
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Rules and Regulations
rule, no changes were made to the final
rule in response to such comments, and
NMFS has not received any new
information that would affect its
previous determination. As a result, a
final regulatory flexibility analysis is not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
South Atlantic, Yellowtail snapper,
Gear, Bycatch.
rmajette on DSK2TPTVN1PROD with RULES
Jkt 241001
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:
■
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
13:51 Feb 09, 2017
1. The authority citation for part 622
continues to read as follows:
■
■
Dated: February 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
VerDate Sep<11>2014
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
§ 622.30
*
PO 00000
*
(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 inter-council
boundary, specified in § 600.105(c).
*
*
*
*
*
[FR Doc. 2017–02786 Filed 2–9–17; 8:45 am]
BILLING CODE 3510–22–P
Required fishing gear.
*
Frm 00057
*
Fmt 4700
*
Sfmt 9990
10311
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Pages 10309-10311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02786]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160510416-6999-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations 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). This
final rule revises the yellowtail snapper commercial and recreational
fishing year and removes 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 final rule
is to increase the operational efficiency of the yellowtail snapper
component of the commercial sector of the Gulf 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: This final rule is effective March 13, 2017.
ADDRESSES: 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 Southeast Regional
Office, 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).
On October 17, 2016, NMFS published a proposed rule for the
framework action and requested public comment (FR 81 71471). The
proposed rule and the framework action outline the rationale for the
actions contained in this final rule. A summary of the management
measures described in the framework action and implemented by this
final rule is provided below.
In the southeastern United States, yellowtail snapper are harvested
by both commercial and recreational fishers, 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.
Management Measures Contained in This Final Rule
This final rule revises the fishing year for Gulf yellowtail
snapper and the fishing gear requirements for the Gulf 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 Fishery
Management Council 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). This
final rule similarly revises 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 fishing year revision
may more closely align any required ACL closure in the Gulf, if one
were to occur, with any ACL closure in the South Atlantic. In addition,
having the same fishing year for both the Gulf and South Atlantic would
benefit those commercial fishers 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 Fishing 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
final rule revises 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' shared
boundary. The northern boundary of the area for this fishing gear
exemption coincides with a state of Florida species management boundary
already put in place by the Florida Fish and Wildlife Conservation
Commission.
The Gulf Council determined that allowing other hook types for the
commercial harvest of yellowtail snapper in Federal waters off south
[[Page 10310]]
Florida was appropriate because of the specific fishing method used by
commercial fishers that allows for quicker de-hooking when the fish are
caught using J-hooks. Yellowtail snapper fishers have stated that J-
hooks catch in the mouth of fish upon jerking the rod upward when
fishers feel the fish take the bait. Landed fish are then quickly de-
hooked using a purpose-built rig by pulling the fishing line across a
horizontal bar, on which the hook catches. Allowing the use of non-
circle hooks, such as 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 makes the fishing gear requirements for the commercial harvest
of yellowtail snapper consistent between the Gulf and South Atlantic.
In the South Atlantic, snapper-grouper Federal commercial 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.
Comments and Responses
NMFS received a total of seven comments on the proposed rule. One
comment supportive of the proposed rule and one comment outside the
scope of the proposed rule are not addressed in this final rule.
Specific comments related to the framework action and the proposed
rule, and NMFS' responses, have been grouped together by topic and are
summarized below.
Comment 1: The fishing year for Gulf yellowtail snapper should not
be revised. Having the same fishing year of August 1 through July 31
for both the Gulf and South Atlantic limits the opportunity for the
stock to spawn and to replenish the respective populations.
Additionally, maintaining different fishing years between the Gulf and
South Atlantic helps to maintain a more steady opportunity to fish for
yellowtail snapper.
Response: NMFS disagrees that the fishing year for Gulf yellowtail
snapper should not be revised. Although spawning of yellowtail snapper
in southeastern U.S. waters can occur year-round, their peak spawning
period is from April to August. By starting the fishing year in August,
any closure near the end of the fishing year, as a result of meeting
the annual catch limit, would correspond with the species' peak
spawning period.
Additionally, establishing identical fishing seasons for the Gulf
and South Atlantic is unlikely to affect the opportunity to fish for
yellowtail snapper because the Gulf stock ACL has not been exceeded
since ACLs were implemented in 2011. However, aligning the fishing
years may improve regulatory compliance and reduce the enforcement
burden. It can be challenging for fishers to abide by different
regulations in the areas where the Gulf and South Atlantic Councils'
jurisdictions are adjacent, because a single fishing trip may involve
fishing in multiple jurisdictions. The change to the fishing year was
also widely supported in comments provided to the Gulf Council during
the development of the framework action.
Comment 2: Circle hooks should continue to be required to fish for
Gulf yellowtail snapper. Removing the requirement for circle hooks will
cause increased harm and mortality to released fish, both yellowtail
snapper and any bycatch.
Response: NMFS disagrees that allowing the use of hooks other than
circle hooks for the commercial harvest of yellowtail snapper off of
the southwest coast of Florida will cause increased harm and mortality
to released fish. The change in fishing gear requirements to allow for
the use of J-hooks is only for the limited area of the Gulf just south
of Cape Sable on the west coast of Florida, where the majority of
commercial yellowtail snapper in the Gulf are caught. The requirement
for circle hooks will remain in effect for the rest of the Gulf EEZ.
Commercial yellowtail snapper fishers use chum bags on the surface
to attract yellowtail snapper to the stern of the fishing vessel, and
then use natural bait on small hooks to catch and land the fish. Circle
hooks are designed to be swallowed by the fish, come back up the fish's
esophagus as the fish swims away, and finally hook the fish in the
mouth. This practice requires fishers to allow the fish to swim off
with the bait and then become hooked. Directed commercial yellowtail
snapper fishing practices do not accommodate allowing a fish to swim
off with the bait, which prevents the use of circle hooks as they are
designed. Commercial yellowtail snapper fishers also use a fishing
method that allows them to release yellowtail snapper which have been
caught with J-hooks more easily than those caught with circle hooks,
resulting in decreased handling times for fish which are to be
discarded. Decreased handling times of yellowtail snapper by fishers
may help reduce discard mortality rates. In addition, fishers can
proactively prevent other fish species from taking bait at the surface,
largely due to the close proximity of the fisher to the bait, which
facilitates a direct view of feeding activity and identification of the
fish.
Comment 3: The change in hook requirements should apply to both the
recreational and commercial harvest of yellowtail snapper because
recreational fishers use the same technique as commercial fishers to
harvest these fish.
Response: The Council determined, and NMFS agrees, that it is not
necessary to change the circle hook requirement for the recreational
sector at this time. 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. Some
commercial yellowtail snapper fishers reported that the small circle
hooks necessary to target yellowtail snapper are more likely to be
swallowed completely into the fish's stomach. This makes it more likely
that the hook will snag somewhere in the fish's digestive track and
makes it more difficult to release fish quickly, which reduces
efficiency. The Council did not consider changing the hook requirement
for the recreational sector because of the inherent multi-species
nature of recreational fishing activities when yellowtail snapper are
included, and because there was no expressed need to increase
operational efficiency in the recreational fishing sector, which
harvests only a small percentage of the total yellowtail snapper
landings.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with the framework amendment, the
FMP, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this final rule
would not have a significant economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. No significant issues
were received regarding the certification from public comments on the
proposed
[[Page 10311]]
rule, no changes were made to the final rule in response to such
comments, and NMFS has not received any new information that would
affect its previous determination. As a result, a final regulatory
flexibility analysis is not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, South Atlantic, Yellowtail
snapper, Gear, Bycatch.
Dated: February 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, 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 inter-council
boundary, specified in Sec. 600.105(c).
* * * * *
[FR Doc. 2017-02786 Filed 2-9-17; 8:45 am]
BILLING CODE 3510-22-P
