Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36, 29772-29776 [2017-13751]

Download as PDF mstockstill on DSK30JT082PROD with RULES 29772 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations for this category: Those having $38.5 million or less in annual receipts. The Commission has estimated the number of licensed Class A television stations to be 417. Given the nature of these services, we will presume that these licensees qualify as small entities under the SBA definition. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. The Public Notice adopted the following new reporting requirements. Non-Reimbursable Stations must file the Transition Progress Report on a quarterly basis, with the first Report being filed beginning for the first full quarter after the release of a public notice announcing the completion of the incentive auction. The deadline for filing the first Report is October 10, 2017. We further require that NonReimbursable Stations file Transition Progress Reports: (1) 10 weeks before the end of their assigned construction deadline; (2) 10 days after they complete all work related to construction of their post-auction facilities; and (3) five days after they cease broadcasting on their pre-auction channel. The Transition Progress Reports will be filed electronically using the Commission’s electronic filing system, and the Commission will make the filings viewable in stations’ online public inspection files. All reassigned stations are assigned to one of 10 Post-Auction Transition Plan Phase with construction deadline requirements ranging from November 30, 2018 to July 3, 2020. Once a station has ceased operating on its pre-auction channel, it no longer needs to file reports. Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered. The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standard; and (4) an exemption from coverage of the rule, or any part thereof, for small entities. The reporting requirement adopted in the Public Notice will allow the Commission, broadcasters (including those filing the Reports), and other interested parties to more closely monitor the status of construction VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 during the transition, and focus resources on ensuring successful completion of the transition by all reassigned stations and continuity of over-the-air television service. In addition, the burdens of the reporting requirements are minimal and we believe the benefits of the reporting requirements, which will facilitate the successful post-incentive auction transition, outweigh any burdens associated with compliance. Federal Rules that May Duplicate, Overlap, or Conflict With the Proposed Rule. None. Report to Congress. The Commission will send a copy of the Public Notice, including this FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. A copy (or summary thereof) will also be published in the Federal Register. Report to Small Business Administration. The Commission will send a copy of the Public Notice, including this FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. framework process; establishes spawning SMZs off North Carolina, South Carolina, and Florida; establishes transit and anchoring provisions in the spawning SMZs; and establishes a sunset provision for most of the spawning SMZs. This final rule also moves the boundary of the existing Charleston Deep Artificial Reef Marine Protected Area (MPA). The purpose of this final rule is to protect spawning snapper-grouper species and the habitat where they spawn, and to reduce bycatch and bycatch mortality for snapper-grouper species, including speckled hind and warsaw grouper. DATES: This final rule is effective July 31, 2017. ADDRESSES: Electronic copies of Amendment 36 may be obtained from www.regulations.gov or the Southeast Regional Office Web site at https:// sero.nmfs.noaa.gov. Amendment 36 includes an environmental assessment, Regulatory Flexibility Act (RFA) analysis, regulatory impact review, and fishery impact statement. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: frank.helies@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South Atlantic region is managed under the FMP and includes speckled hind and warsaw grouper, along with other snapper-grouper species. The FMP was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On January 4, 2017, NMFS published a notice of availability of Amendment 36 and requested public comment (82 FR 810). On January 18, 2017, NMFS published the proposed rule to implement Amendment 36 and requested public comment (82 FR 5512). The proposed rule and Amendment 36 outline the rationale for the actions contained in this final rule. A summary of the actions implemented by Amendment 36 and this final rule is provided below. NMFS issues regulations to implement Amendment 36 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule modifies the FMP framework procedures to allow spawning special management zones (SMZs) to be established or modified through the Management Measures Contained in This Final Rule This final rule modifies the FMP framework procedures to allow spawning SMZs to be established or modified through the framework process; establishes spawning SMZs off North Carolina, South Carolina, and Florida; establishes transit and anchoring provisions in the spawning SMZs; establishes a sunset provision for Federal Communications Commission. Thomas Horan, Chief of Staff. [FR Doc. 2017–13765 Filed 6–29–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 161020986–7352–02] RIN 0648–BG38 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic Region; Amendment 36 AGENCY: SUMMARY: PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations most of the spawning SMZs; and moves the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the permitted site boundary. Modify the FMP Framework Procedures for Spawning SMZs The current FMP contains framework procedures to allow the Council to modify certain management measures, such as annual catch limits and other management measures, via an expedited process (see 50 CFR 622.194; 56 FR 56016, October 31, 1991). In Amendment 36 and this final rule, the Council has included changes to spawning SMZs, such as boundary modifications and the establishment or removal of spawning SMZs, under the framework process. For example, this final rule allows the Council to remove a spawning SMZ if monitoring efforts do not document evidence of spawning snapper-grouper species within the boundary. The revisions to the FMP framework procedures also allow the Council to remove the 10-year sunset provision for a spawning SMZ if monitoring efforts document snappergrouper species’ spawning inside a spawning SMZ. The Council decided that changing spawning SMZs through an expedited process can have beneficial biological and socioeconomic impacts, especially if the changes respond to newer information, such as spawning locations for snappergrouper species. The Council concluded that the framework process will allow adequate time for the public to comment on any proposed change related to a spawning SMZ. mstockstill on DSK30JT082PROD with RULES Establish Spawning SMZs Off North Carolina, South Carolina, and Florida The Council is establishing five snapper-grouper spawning SMZs in the South Atlantic off North Carolina, South Carolina, and Florida. This final rule prohibits fishing for or harvest of snapper-grouper species year-round in the spawning SMZs. The final rule establishes other restrictions in the spawning SMZs, including transiting with snapper-grouper species on board and anchoring. The spawning SMZ off North Carolina is called South Cape Lookout (5.1 sq mi; 13.2 sq km). The final rule establishes three spawning SMZs off South Carolina that are called Devil’s Hole/Georgetown Hole (3.03 sq mi; 7.8 sq km), Area 51 (approximately 3 sq mi; 7.8 sq km), and Area 53 (approximately 3 sq mi; 7.8 sq km). The spawning SMZ off the east coast of the Florida Keys is called Warsaw Hole/50 Fathom Hole (3.64 sq mi; 9.4 sq km). VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 Another purpose of spawning SMZs is to reduce bycatch and bycatch mortality of snapper-grouper species, including speckled hind and warsaw grouper. Currently, retention of speckled hind and warsaw grouper is prohibited in Federal waters in the South Atlantic. Prohibiting the targeting or harvest of snapper-grouper species in specified areas where these species are known to occur and possibly spawn is expected to reduce encounters with these deepwater species and provide protection for reproduction. The Council concluded that protecting snapper-grouper species within the spawning SMZs could enhance the opportunity for these species to reproduce and introduce more eggs and larvae into the environment. Establish Transit and Anchoring Provisions in Spawning SMZs This final rule allows fishing vessels to transit through the spawning SMZs with snapper-grouper species on board only when fishing gear is properly stowed. ‘‘Properly stowed’’ means that trawl or try nets and the attached doors must be out of the water, but are not be required to be on deck or secured below deck. Terminal gear (hook, leader, sinker, flasher, or bait) used with automatic reels, bandit gear, buoy gear, handline, or rod and reel would have to be disconnected and stowed separately from such fishing gear and sinkers would have to be disconnected from down riggers and stowed separately. Except under the limited condition to possess snapper-grouper species while transiting a spawning SMZ with fishing gear properly stowed, vessels in the spawning SMZs are prohibited from fishing for, harvesting, or possessing snapper-grouper species year-round in these areas. Except for the Area 51 and Area 53 Spawning SMZs off South Carolina, persons on board a fishing vessel are not allowed to anchor, use an anchor or chain, or use a grapple and chain while in spawning SMZs. Fishermen continue to be allowed to troll for pelagic species such as dolphin, tuna, and billfish in spawning SMZs. Establish a Sunset Provision for Most Spawning SMZs This final rule implements a 10-year sunset provision for the establishment of the spawning SMZs, except for the Area 51 and Area 53 Spawning SMZs, which will remain in effect indefinitely. Therefore, except for Areas 51 and 53, the spawning SMZs and their associated management measures are effective for 10 years following the implementation of this final rule for Amendment 36. For the spawning SMZs and management PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 29773 measures subject to the sunset provision to extend beyond 10 years, the Council would need to take further action. The Council will regularly evaluate all of the spawning SMZs over the 10-year period. Move the Existing Charleston Deep Artificial Reef MPA This final rule moves the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the boundary of the U.S. Army Corps of Engineers’ permitted artificial reef area at that location. This final rule does not change the size of the existing MPA. The Council originally designated the current area as an artificial reef site in Amendment 14 to the FMP (74 FR 1621, January 13, 2009). The State of South Carolina has worked with the U.S. Army Corps of Engineers to modify the boundary of this site to include material recently sunk by the state in the area and requested that the Council shift their boundary of the existing Charleston Deep Artificial Reef MPA to match the new boundary of the U.S. Army Corps of Engineers’ permitted artificial reef area. Management Measure Contained in Amendment 36 but Not Codified Through This Final Rule In addition to the management measures that this final rule implements, Amendment 36 includes an action to modify the SMZ procedures in the FMP to allow for the designation of spawning SMZs. The Council will be able to designate important spawning areas as spawning SMZs to provide additional protection to some existing Essential Fish Habitat-Habitat Areas of Particular Concern for snapper-grouper species. The Council concluded that designating areas as spawning SMZs is important to protect snapper-grouper species and habitat where snappergrouper species spawn. Additionally, the Council concluded that designating the spawning SMZ sites through this final rule, and subsequent changes to regulations, would enhance reproduction for snapper-grouper species and thus increase the number of eggs and larvae that are produced by the species. Comments and Responses NMFS received a total of 101 comments on the notice of availability and proposed rule for Amendment 36. The commenters included commercial, private recreational, and charter vessel fishing entities, as well as recreational divers, non-governmental organizations, and individuals from the general public. Comments both supported additional protections for spawning fish through E:\FR\FM\30JNR1.SGM 30JNR1 mstockstill on DSK30JT082PROD with RULES 29774 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations implementation of spawning SMZs and opposed the implementation of any spatial closures in the South Atlantic. The majority of comments received from the public during the comment period were supportive of the actions in Amendment 36 to establish spawning SMZs to protect spawning snappergrouper species. NMFS’ responses to comments that specifically relate to the actions contained in Amendment 36 and the proposed rule are summarized below. Comment 1: NMFS should not establish additional fishing area closures to protect spawning fish. The data used to determine potential spawning SMZ sites are flawed and the sites were arbitrarily selected. Additionally, the science does not support the use of MPAs or similarly named spatial closures as a viable management option. Response: NMFS disagrees that the spawning SMZ sites were arbitrarily selected and that the data used are flawed. The Council used a variety of data sources to select spawning SMZ sites. Data sources included the Southeast Reef Fish Survey, habitat mapping research, and cooperative research projects that identified locations where snapper-grouper species occur, including spawning fish. In addition, multiple groups provided input on site selection to protect spawning fish while reducing social and economic impacts to fishermen. These groups included fishermen on the Council’s MPA Expert Work Group and Snapper-Grouper Advisory Panel (Snapper-Grouper AP) who could be affected by the spawning SMZs. Finally, the Council evaluated comments and recommendations from the public during meetings such as public hearings and scoping meetings. The NMFS Southeast Fisheries Science Center reviewed the data and analyses contained in Amendment 36 and certified it to be based on the best scientific information available. NMFS disagrees that spatial closures are not a viable management option for protecting spawning snapper-grouper species. Areas closed to protect known spawning locations of fish species have been shown to provide positive biological and socio-economic benefits. The spawning SMZs implemented by this final rule are expected to result in additional protections for spawning snapper-grouper, while potentially providing positive economic effects by increasing future stock size and sustainability. Should monitoring efforts highlight the need for the adjustment of an area or the removal of a spawning SMZ if spawning snapper-grouper VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 species are not documented in the area, this final rule will allow the Council to modify spawning SMZs. If the Council does not take any subsequent action to modify or renew the spawning SMZs, most of the spawning SMZs would expire automatically after the 10-year sunset provision in this final rule. Comment 2: NMFS is establishing spawning SMZs without any regard for the economic and social impacts on fishermen and coastal communities. Response: NMFS disagrees. The Magnuson-Stevens Act requires NMFS to consider and analyze the economic and social impacts of proposed management actions. Amendment 36 and this final rule recognize that negative short-term economic effects resulting from restrictions in fishing opportunities in the designated spawning SMZs may occur. The spawning SMZs are small (combined total area is 17.71 square miles) relative to all available fishing grounds in the South Atlantic, and the total estimated economic loss of ex-vessel revenue for the entire commercial sector is $1,605 annually. NMFS assumes that any reduction in ex-vessel revenue from this final rule would be minimized based on the small size of each spawning SMZ area and the high likelihood that commercial vessels would substitute landings of snapper-grouper species in other areas. Also, the allowance for transit and trolling for pelagic species could reduce economic impacts from this final rule to fishermen. Comment 3: The spawning SMZs should be closed to all fishing methods. Research has shown that snappergrouper species, including warsaw grouper and speckled hind, can be harvested through the deployment of trolling gear. Allowing trolling of any kind could undermine the potential effectiveness of a spawning SMZ and would make enforcement of the provision that allows transiting with snapper-grouper species on board difficult. Response: Amendment 36 and this final rule allow fishermen to troll for pelagic species in the spawning SMZs but do not allow fishing vessels to have snapper-grouper species on board. The final rule allows fishing vessels to possess snapper-grouper species on board while in a spawning SMZ only if the vessel is transiting through the spawning SMZ directly and without stopping, and if fishing gear is appropriately stowed and unavailable for immediate use (e.g., terminal gear, like hooks and weights, must be disconnected and stowed separately from a rod and reel). Therefore, law enforcement would be able to determine PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 the difference between fishing vessels that are trolling for pelagic species and fishing vessels that are transiting the spawning SMZs with snapper-grouper species on board through visual inspection of the gear and the species on board. The trolling and transit allowances were discussed by the Council and included in Amendment 36 as a way to reduce the economic and social impacts of spatial closures on the fishing community and address concerns about safety at-sea, respectively. Comment 4: Fishing for snappergrouper species and anchoring in the spawning SMZs should be exempted for spear fishermen. Spear fishing is a selective gear type and large catches of snapper-grouper are not expected to occur through its use. Response: In all of the spawning SMZs implemented by this final rule, the fishing for, harvest, or possession (except while transiting through a spawning SMZ) of snapper-grouper species is prohibited year-round. While NMFS agrees that spear fishing is a selective fishing gear with lower bycatch potential compared to other fishing methods, spear fishing could remove larger fish that are important to spawning. Prohibiting spear fishing in spawning SMZs is expected to provide protection to spawning snapper-grouper species to meet the objectives of Amendment 36. Comment 5: Establishing Warsaw Hole as a spawning SMZ should be removed from consideration in Amendment 36. Fish caught in the Warsaw Hole and surrounding area (particularly greater amberjack) make up the majority of some fishermen’s annual income in Key West, Florida, and fishing in the area results in little to no discards. Additionally, the majority of landings around Warsaw Hole occur north of 24°21′ N. lat., within the 1.8square mile area included in another sub-alternative. However, if the Warsaw Hole Spawning SMZ must be established, the alternative consisting of a 0.9-square mile area is recommended over the preferred alternative of a 3.6square mile area. The 0.9-square mile area would provide the least amount of negative economic impact to fishermen in Key West, Florida. Response: The Council’s objective for the protection of Warsaw Hole is to implement a spawning SMZ that would maximize the probability that snappergrouper species, including warsaw grouper and greater amberjack, reform spawning aggregations at this site while balancing both short and long-term social and economic impacts to fishermen. To accomplish this objective, E:\FR\FM\30JNR1.SGM 30JNR1 29775 mstockstill on DSK30JT082PROD with RULES Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations the Council determined the spawning SMZ should cover the shelf edge around the hole where greater amberjack spawn. After evaluating a spawning SMZ of different sizes around Warsaw Hole, the Council concluded that the 3.6-square mile area for the Warsaw Hole Spawning SMZ best meets this objective. NMFS acknowledges that there may be short-term negative social and economic impacts from the spawning SMZ being implemented for Warsaw Hole. The Council considered these economic impacts but determined that the enhanced reproduction for snappergrouper species and, subsequently, the increased the number of eggs and larvae that are produced as a result of this added protection, would be expected to result in long-term indirect economic benefits to commercial and recreational fishermen. In the end, the Council concluded that the 3.6-square mile area for the Warsaw Hole Spawning SMZ best meets the objectives of Amendment 36 by creating positive impacts, while balancing both short and long-term social and economic impacts. Comment 6: The Council should adopt the 3.6-square mile area as a spawning SMZ for Warsaw Hole and the 13.3-square mile area as a spawning SMZ for Daytona Steeples. These two alternatives together would provide the greatest amount of protection to spawning snapper-grouper species off Florida. Response: The Council selected the 3.6-square mile area around Warsaw Hole as the only spawning SMZ off Florida. Extensive input from the Council’s Snapper-Grouper AP and the public indicated that there would be support for a spawning SMZ at Daytona Steeples if there were data on spawning snapper-grouper species or habitat in the area. The Council considered a spawning SMZ in the Daytona Steeples area but agreed with the SnapperGrouper AP and public about the lack of available data on spawning snappergrouper species or habitat and decided not to propose any spawning SMZ in the Daytona Steeples area. Comment 7: The details in the system management plan (SMP) for the spawning SMZs, such as cost, monitoring, and evaluation techniques, should have been fully developed before the proposed sites in Amendment 36 were presented to the Council. Response: The SMP for the spawning SMZs was developed in conjunction with Amendment 36 to outline the data and research needed to monitor and evaluate the spawning SMZs and guide researchers applying for project funding. The SMP outlines the estimated project VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 costs for each study type to aid fishery managers in determining research priorities. The purpose of the SMP is not to outline the specific methods and costs. The Council acknowledged that the SMP will likely be modified over time as research projects are implemented. One of the primary tasks for the SMP was to recommend development of an advisory panel to the Council. The advisory panel would be used to further develop specific projects to monitor spawning SMZs. Classification The Regional Administrator for the NMFS Southeast Region has determined that this final rule is consistent with Amendment 36, the FMP, the Magnuson-Stevens Act, and other applicable laws. 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 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. Public comments relating to socioeconomic implications and potential impacts on small businesses are addressed in the responses to Comments 2, 3, and 4 in the Comments and Responses section of this final rule. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis was not required and none was prepared. Change to Codified Text From the Proposed Rule In this final rule, NMFS makes one change to the coordinates table for the Devil’s Hole/Georgetown Hole Spawning SMZ. In the proposed rule, the coordinate points for this spawning SMZ were listed in a counter-clockwise order when plotted on a map or chart. The points for all other coordinate tables of the spawning SMZs in the proposed rule were listed in a clockwise order. This final rule revises the order of the coordinates for the Devil’s Hole/ PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 Georgetown Hole Spawning SMZ to list them in a clockwise order, to be consistent with the other spawning SMZs in this final rule. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Marine protected area, South Atlantic, Special management zone. Dated: June 27, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is 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: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.183, revise the table in paragraph (a)(1)(i)(D) and add paragraph (a)(2) to read as follows: ■ § 622.183 Area and seasonal closures. (a) * * * (1) * * * (i) * * * (D) * * * Point A B C D A ........................... ........................... ........................... ........................... ........................... * North lat. West long. 32°05.04′ 32°09.65′ 32°07.155′ 32°02.36′ 32°05.04′ 79°13.575′ 79°09.2′ 79°05.595′ 79°09.975′ 79°13.575′ * * * * (2) Spawning SMZs. (i) Any fishing vessel in a spawning SMZ is prohibited to fish for or harvest species in the snapper-grouper fishery management unit year-round. For a fishing vessel to possess snapper-grouper species on board while in a spawning SMZ, the vessel must be in transit and fishing gear must be appropriately stowed, as specified in paragraph (a)(2)(vii) of this section. Except for spawning SMZs of Area 51 and Area 53, the spawning SMZs in this paragraph are effective until August 2, 2027. A person on board a fishing vessel may not anchor, use an anchor and chain, or use a grapple and chain while in the spawning SMZs specified in paragraph (a)(2) of this section. The anchoring prohibition does not apply to fishing vessels in the spawning SMZs of Area 51 and Area 53. (ii) South Cape Lookout Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: E:\FR\FM\30JNR1.SGM 30JNR1 29776 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations Point A B C D A North lat. ........................... ........................... ........................... ........................... ........................... West long. 33°53.040′ 33°52.019′ 33°49.946′ 33°51.041′ 33°53.040′ 76°28.617′ 76°27.798′ 76°30.627′ 76°31.424′ 76°28.617′ (iii) Devil’s Hole/Georgetown Hole Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: Point A B C D A North lat. ........................... ........................... ........................... ........................... ........................... West long. 32°34.311′ 32°34.311′ 32°32.748′ 32°32.748′ 32°34.311′ 78°34.996′ 78°33.220′ 78°33.220′ 78°34.996′ 78°34.996′ (iv) Area 51 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: Point A B C D A North lat. ........................... ........................... ........................... ........................... ........................... 32°35.25′ 32°35.25′ 32°33.75′ 32°33.75′ 32°35.25′ West long. 79°28.6′ 79°27′ 79°27′ 79°28.6′ 79°28.6′ (v) Area 53 Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: Point A B C D A North lat. ........................... ........................... ........................... ........................... ........................... 32°22.65′ 32°22.65′ 32°21.15′ 32°21.15′ 32°22.65′ West long. 79°22.25′ 79°20.5′ 79°20.5′ 79°22.25′ 79°22.25′ (vi) Warsaw Hole/50 Fathom Hole Spawning SMZ is bounded by rhumb lines connecting, in order, the following points: (C) A gillnet, stab net, or trammel net must be left on the drum. Any additional such nets not attached to the drum must be stowed below deck. (D) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. Sinkers must be disconnected from the down rigger and stowed separately. (E) A crustacean trap, golden crab trap, or sea bass pot cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. * * * * * ■ 3. In § 622.194, revise paragraph (a) to read as follows: § 622.194 Adjustment of management measures. * * * * * (a) Biomass levels, age-structured analyses, target dates for rebuilding overfished species, MSY (or proxy), OY, ABC, TAC, quotas (including a quota of zero), annual catch limits (ACLs), annual catch targets (ACTs), AMs, maximum fishing mortality threshold (MFMT), minimum stock size threshold (MSST), trip limits, bag limits, size limits, gear restrictions (ranging from regulation to complete prohibition), seasonal or area closures, fishing year, rebuilding plans, definitions of essential fish habitat, essential fish habitat, essential fish habitat HAPCs or Coral HAPCs, restrictions on gear and fishing activities applicable in essential fish habitat and essential fish habitat HAPCs, and establish or modify spawning SMZs. * * * * * [FR Doc. 2017–13751 Filed 6–29–17; 8:45 am] Point mstockstill on DSK30JT082PROD with RULES A B C D A North lat. ........................... ........................... ........................... ........................... ........................... West long. 24°22.277′ 24°22.277′ 24°20.932′ 24°20.932′ 24°22.277′ 82°20.417′ 82°18.215′ 82°18.215′ 82°20.417′ 82°20.417′ (vii) For the purpose of paragraph (a)(2)(i) of this section, transit means direct, non-stop progression through the spawning SMZ. Fishing gear appropriately stowed means— (A) A longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. (B) Trawl doors and nets must be out of the water, but the doors are not required to be on deck or secured on or below deck. VerDate Sep<11>2014 17:26 Jun 29, 2017 Jkt 241001 BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 170320292–7580–02] RIN 0648–XF311 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 NMFS issues this rule to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e., annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2017, through June 30, 2018. These specifications were determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This action includes a prohibition on directed non-tribal Pacific sardine commercial fishing off the coasts of Washington, Oregon, and California, which is required because the estimated 2017 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under this action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery, or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The ACL for the 2017–2018 Pacific sardine fishing year is 8,000 mt. This action is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast. DATES: Effective July 1, 2017 through June 30, 2018. FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, West Coast Region, NMFS, (562) 980–4034, joshua.lindsay@ noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in the U.S. EEZ off the Pacific coast (California, Oregon, and Washington) in accordance with the CPS FMP. Annual specifications published in the Federal Register establish the allowable harvest levels (i.e., overfishing limit (OFL)/ACL/ HG) for each Pacific sardine fishing year. The purpose of this final rule is to implement these annual catch reference points for the 2017–2018 fishing year. This final rule adopts, without changes, the catch levels and restrictions that NMFS proposed in the rule published on May 30, 2017 (82 FR 24656), including the OFL and an acceptable biological catch (ABC) that takes into consideration uncertainty surrounding the current estimate of biomass for Pacific sardine in the U.S. EEZ off the Pacific coast. The FMP and its implementing regulations require NMFS to set these annual catch levels for the Pacific sardine fishery based on the annual specification framework and control SUMMARY: E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29772-29776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13751]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161020986-7352-02]
RIN 0648-BG38


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement Amendment 36 to the 
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the 
South Atlantic Region as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). This final rule modifies the FMP 
framework procedures to allow spawning special management zones (SMZs) 
to be established or modified through the framework process; 
establishes spawning SMZs off North Carolina, South Carolina, and 
Florida; establishes transit and anchoring provisions in the spawning 
SMZs; and establishes a sunset provision for most of the spawning SMZs. 
This final rule also moves the boundary of the existing Charleston Deep 
Artificial Reef Marine Protected Area (MPA). The purpose of this final 
rule is to protect spawning snapper-grouper species and the habitat 
where they spawn, and to reduce bycatch and bycatch mortality for 
snapper-grouper species, including speckled hind and warsaw grouper.

DATES: This final rule is effective July 31, 2017.

ADDRESSES: Electronic copies of Amendment 36 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov. Amendment 36 includes an environmental assessment, 
Regulatory Flexibility Act (RFA) analysis, regulatory impact review, 
and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: frank.helies@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes speckled hind and 
warsaw grouper, along with other snapper-grouper species. The FMP was 
prepared by the Council and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On January 4, 2017, NMFS published a notice of availability of 
Amendment 36 and requested public comment (82 FR 810). On January 18, 
2017, NMFS published the proposed rule to implement Amendment 36 and 
requested public comment (82 FR 5512). The proposed rule and Amendment 
36 outline the rationale for the actions contained in this final rule. 
A summary of the actions implemented by Amendment 36 and this final 
rule is provided below.

Management Measures Contained in This Final Rule

    This final rule modifies the FMP framework procedures to allow 
spawning SMZs to be established or modified through the framework 
process; establishes spawning SMZs off North Carolina, South Carolina, 
and Florida; establishes transit and anchoring provisions in the 
spawning SMZs; establishes a sunset provision for

[[Page 29773]]

most of the spawning SMZs; and moves the existing Charleston Deep 
Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the permitted 
site boundary.

Modify the FMP Framework Procedures for Spawning SMZs

    The current FMP contains framework procedures to allow the Council 
to modify certain management measures, such as annual catch limits and 
other management measures, via an expedited process (see 50 CFR 
622.194; 56 FR 56016, October 31, 1991). In Amendment 36 and this final 
rule, the Council has included changes to spawning SMZs, such as 
boundary modifications and the establishment or removal of spawning 
SMZs, under the framework process. For example, this final rule allows 
the Council to remove a spawning SMZ if monitoring efforts do not 
document evidence of spawning snapper-grouper species within the 
boundary. The revisions to the FMP framework procedures also allow the 
Council to remove the 10-year sunset provision for a spawning SMZ if 
monitoring efforts document snapper-grouper species' spawning inside a 
spawning SMZ. The Council decided that changing spawning SMZs through 
an expedited process can have beneficial biological and socio-economic 
impacts, especially if the changes respond to newer information, such 
as spawning locations for snapper-grouper species. The Council 
concluded that the framework process will allow adequate time for the 
public to comment on any proposed change related to a spawning SMZ.

Establish Spawning SMZs Off North Carolina, South Carolina, and Florida

    The Council is establishing five snapper-grouper spawning SMZs in 
the South Atlantic off North Carolina, South Carolina, and Florida. 
This final rule prohibits fishing for or harvest of snapper-grouper 
species year-round in the spawning SMZs. The final rule establishes 
other restrictions in the spawning SMZs, including transiting with 
snapper-grouper species on board and anchoring.
    The spawning SMZ off North Carolina is called South Cape Lookout 
(5.1 sq mi; 13.2 sq km). The final rule establishes three spawning SMZs 
off South Carolina that are called Devil's Hole/Georgetown Hole (3.03 
sq mi; 7.8 sq km), Area 51 (approximately 3 sq mi; 7.8 sq km), and Area 
53 (approximately 3 sq mi; 7.8 sq km). The spawning SMZ off the east 
coast of the Florida Keys is called Warsaw Hole/50 Fathom Hole (3.64 sq 
mi; 9.4 sq km).
    Another purpose of spawning SMZs is to reduce bycatch and bycatch 
mortality of snapper-grouper species, including speckled hind and 
warsaw grouper. Currently, retention of speckled hind and warsaw 
grouper is prohibited in Federal waters in the South Atlantic. 
Prohibiting the targeting or harvest of snapper-grouper species in 
specified areas where these species are known to occur and possibly 
spawn is expected to reduce encounters with these deep-water species 
and provide protection for reproduction. The Council concluded that 
protecting snapper-grouper species within the spawning SMZs could 
enhance the opportunity for these species to reproduce and introduce 
more eggs and larvae into the environment.

Establish Transit and Anchoring Provisions in Spawning SMZs

    This final rule allows fishing vessels to transit through the 
spawning SMZs with snapper-grouper species on board only when fishing 
gear is properly stowed. ``Properly stowed'' means that trawl or try 
nets and the attached doors must be out of the water, but are not be 
required to be on deck or secured below deck. Terminal gear (hook, 
leader, sinker, flasher, or bait) used with automatic reels, bandit 
gear, buoy gear, handline, or rod and reel would have to be 
disconnected and stowed separately from such fishing gear and sinkers 
would have to be disconnected from down riggers and stowed separately. 
Except under the limited condition to possess snapper-grouper species 
while transiting a spawning SMZ with fishing gear properly stowed, 
vessels in the spawning SMZs are prohibited from fishing for, 
harvesting, or possessing snapper-grouper species year-round in these 
areas. Except for the Area 51 and Area 53 Spawning SMZs off South 
Carolina, persons on board a fishing vessel are not allowed to anchor, 
use an anchor or chain, or use a grapple and chain while in spawning 
SMZs. Fishermen continue to be allowed to troll for pelagic species 
such as dolphin, tuna, and billfish in spawning SMZs.

Establish a Sunset Provision for Most Spawning SMZs

    This final rule implements a 10-year sunset provision for the 
establishment of the spawning SMZs, except for the Area 51 and Area 53 
Spawning SMZs, which will remain in effect indefinitely. Therefore, 
except for Areas 51 and 53, the spawning SMZs and their associated 
management measures are effective for 10 years following the 
implementation of this final rule for Amendment 36. For the spawning 
SMZs and management measures subject to the sunset provision to extend 
beyond 10 years, the Council would need to take further action. The 
Council will regularly evaluate all of the spawning SMZs over the 10-
year period.

Move the Existing Charleston Deep Artificial Reef MPA

    This final rule moves the existing Charleston Deep Artificial Reef 
MPA 1.4 mi (2.3 km) northwest to match the boundary of the U.S. Army 
Corps of Engineers' permitted artificial reef area at that location. 
This final rule does not change the size of the existing MPA. The 
Council originally designated the current area as an artificial reef 
site in Amendment 14 to the FMP (74 FR 1621, January 13, 2009). The 
State of South Carolina has worked with the U.S. Army Corps of 
Engineers to modify the boundary of this site to include material 
recently sunk by the state in the area and requested that the Council 
shift their boundary of the existing Charleston Deep Artificial Reef 
MPA to match the new boundary of the U.S. Army Corps of Engineers' 
permitted artificial reef area.

Management Measure Contained in Amendment 36 but Not Codified Through 
This Final Rule

    In addition to the management measures that this final rule 
implements, Amendment 36 includes an action to modify the SMZ 
procedures in the FMP to allow for the designation of spawning SMZs. 
The Council will be able to designate important spawning areas as 
spawning SMZs to provide additional protection to some existing 
Essential Fish Habitat-Habitat Areas of Particular Concern for snapper-
grouper species. The Council concluded that designating areas as 
spawning SMZs is important to protect snapper-grouper species and 
habitat where snapper-grouper species spawn. Additionally, the Council 
concluded that designating the spawning SMZ sites through this final 
rule, and subsequent changes to regulations, would enhance reproduction 
for snapper-grouper species and thus increase the number of eggs and 
larvae that are produced by the species.

Comments and Responses

    NMFS received a total of 101 comments on the notice of availability 
and proposed rule for Amendment 36. The commenters included commercial, 
private recreational, and charter vessel fishing entities, as well as 
recreational divers, non-governmental organizations, and individuals 
from the general public. Comments both supported additional protections 
for spawning fish through

[[Page 29774]]

implementation of spawning SMZs and opposed the implementation of any 
spatial closures in the South Atlantic. The majority of comments 
received from the public during the comment period were supportive of 
the actions in Amendment 36 to establish spawning SMZs to protect 
spawning snapper-grouper species. NMFS' responses to comments that 
specifically relate to the actions contained in Amendment 36 and the 
proposed rule are summarized below.
    Comment 1: NMFS should not establish additional fishing area 
closures to protect spawning fish. The data used to determine potential 
spawning SMZ sites are flawed and the sites were arbitrarily selected. 
Additionally, the science does not support the use of MPAs or similarly 
named spatial closures as a viable management option.
    Response: NMFS disagrees that the spawning SMZ sites were 
arbitrarily selected and that the data used are flawed. The Council 
used a variety of data sources to select spawning SMZ sites. Data 
sources included the Southeast Reef Fish Survey, habitat mapping 
research, and cooperative research projects that identified locations 
where snapper-grouper species occur, including spawning fish. In 
addition, multiple groups provided input on site selection to protect 
spawning fish while reducing social and economic impacts to fishermen. 
These groups included fishermen on the Council's MPA Expert Work Group 
and Snapper-Grouper Advisory Panel (Snapper-Grouper AP) who could be 
affected by the spawning SMZs. Finally, the Council evaluated comments 
and recommendations from the public during meetings such as public 
hearings and scoping meetings. The NMFS Southeast Fisheries Science 
Center reviewed the data and analyses contained in Amendment 36 and 
certified it to be based on the best scientific information available.
    NMFS disagrees that spatial closures are not a viable management 
option for protecting spawning snapper-grouper species. Areas closed to 
protect known spawning locations of fish species have been shown to 
provide positive biological and socio-economic benefits. The spawning 
SMZs implemented by this final rule are expected to result in 
additional protections for spawning snapper-grouper, while potentially 
providing positive economic effects by increasing future stock size and 
sustainability. Should monitoring efforts highlight the need for the 
adjustment of an area or the removal of a spawning SMZ if spawning 
snapper-grouper species are not documented in the area, this final rule 
will allow the Council to modify spawning SMZs. If the Council does not 
take any subsequent action to modify or renew the spawning SMZs, most 
of the spawning SMZs would expire automatically after the 10-year 
sunset provision in this final rule.
    Comment 2: NMFS is establishing spawning SMZs without any regard 
for the economic and social impacts on fishermen and coastal 
communities.
    Response: NMFS disagrees. The Magnuson-Stevens Act requires NMFS to 
consider and analyze the economic and social impacts of proposed 
management actions. Amendment 36 and this final rule recognize that 
negative short-term economic effects resulting from restrictions in 
fishing opportunities in the designated spawning SMZs may occur. The 
spawning SMZs are small (combined total area is 17.71 square miles) 
relative to all available fishing grounds in the South Atlantic, and 
the total estimated economic loss of ex-vessel revenue for the entire 
commercial sector is $1,605 annually. NMFS assumes that any reduction 
in ex-vessel revenue from this final rule would be minimized based on 
the small size of each spawning SMZ area and the high likelihood that 
commercial vessels would substitute landings of snapper-grouper species 
in other areas. Also, the allowance for transit and trolling for 
pelagic species could reduce economic impacts from this final rule to 
fishermen.
    Comment 3: The spawning SMZs should be closed to all fishing 
methods. Research has shown that snapper-grouper species, including 
warsaw grouper and speckled hind, can be harvested through the 
deployment of trolling gear. Allowing trolling of any kind could 
undermine the potential effectiveness of a spawning SMZ and would make 
enforcement of the provision that allows transiting with snapper-
grouper species on board difficult.
    Response: Amendment 36 and this final rule allow fishermen to troll 
for pelagic species in the spawning SMZs but do not allow fishing 
vessels to have snapper-grouper species on board. The final rule allows 
fishing vessels to possess snapper-grouper species on board while in a 
spawning SMZ only if the vessel is transiting through the spawning SMZ 
directly and without stopping, and if fishing gear is appropriately 
stowed and unavailable for immediate use (e.g., terminal gear, like 
hooks and weights, must be disconnected and stowed separately from a 
rod and reel). Therefore, law enforcement would be able to determine 
the difference between fishing vessels that are trolling for pelagic 
species and fishing vessels that are transiting the spawning SMZs with 
snapper-grouper species on board through visual inspection of the gear 
and the species on board. The trolling and transit allowances were 
discussed by the Council and included in Amendment 36 as a way to 
reduce the economic and social impacts of spatial closures on the 
fishing community and address concerns about safety at-sea, 
respectively.
    Comment 4: Fishing for snapper-grouper species and anchoring in the 
spawning SMZs should be exempted for spear fishermen. Spear fishing is 
a selective gear type and large catches of snapper-grouper are not 
expected to occur through its use.
    Response: In all of the spawning SMZs implemented by this final 
rule, the fishing for, harvest, or possession (except while transiting 
through a spawning SMZ) of snapper-grouper species is prohibited year-
round. While NMFS agrees that spear fishing is a selective fishing gear 
with lower bycatch potential compared to other fishing methods, spear 
fishing could remove larger fish that are important to spawning. 
Prohibiting spear fishing in spawning SMZs is expected to provide 
protection to spawning snapper-grouper species to meet the objectives 
of Amendment 36.
    Comment 5: Establishing Warsaw Hole as a spawning SMZ should be 
removed from consideration in Amendment 36. Fish caught in the Warsaw 
Hole and surrounding area (particularly greater amberjack) make up the 
majority of some fishermen's annual income in Key West, Florida, and 
fishing in the area results in little to no discards. Additionally, the 
majority of landings around Warsaw Hole occur north of 24[deg]21' N. 
lat., within the 1.8-square mile area included in another sub-
alternative. However, if the Warsaw Hole Spawning SMZ must be 
established, the alternative consisting of a 0.9-square mile area is 
recommended over the preferred alternative of a 3.6-square mile area. 
The 0.9-square mile area would provide the least amount of negative 
economic impact to fishermen in Key West, Florida.
    Response: The Council's objective for the protection of Warsaw Hole 
is to implement a spawning SMZ that would maximize the probability that 
snapper-grouper species, including warsaw grouper and greater 
amberjack, reform spawning aggregations at this site while balancing 
both short and long-term social and economic impacts to fishermen. To 
accomplish this objective,

[[Page 29775]]

the Council determined the spawning SMZ should cover the shelf edge 
around the hole where greater amberjack spawn. After evaluating a 
spawning SMZ of different sizes around Warsaw Hole, the Council 
concluded that the 3.6-square mile area for the Warsaw Hole Spawning 
SMZ best meets this objective.
    NMFS acknowledges that there may be short-term negative social and 
economic impacts from the spawning SMZ being implemented for Warsaw 
Hole. The Council considered these economic impacts but determined that 
the enhanced reproduction for snapper-grouper species and, 
subsequently, the increased the number of eggs and larvae that are 
produced as a result of this added protection, would be expected to 
result in long-term indirect economic benefits to commercial and 
recreational fishermen. In the end, the Council concluded that the 3.6-
square mile area for the Warsaw Hole Spawning SMZ best meets the 
objectives of Amendment 36 by creating positive impacts, while 
balancing both short and long-term social and economic impacts.
    Comment 6: The Council should adopt the 3.6-square mile area as a 
spawning SMZ for Warsaw Hole and the 13.3-square mile area as a 
spawning SMZ for Daytona Steeples. These two alternatives together 
would provide the greatest amount of protection to spawning snapper-
grouper species off Florida.
    Response: The Council selected the 3.6-square mile area around 
Warsaw Hole as the only spawning SMZ off Florida. Extensive input from 
the Council's Snapper-Grouper AP and the public indicated that there 
would be support for a spawning SMZ at Daytona Steeples if there were 
data on spawning snapper-grouper species or habitat in the area. The 
Council considered a spawning SMZ in the Daytona Steeples area but 
agreed with the Snapper-Grouper AP and public about the lack of 
available data on spawning snapper-grouper species or habitat and 
decided not to propose any spawning SMZ in the Daytona Steeples area.
    Comment 7: The details in the system management plan (SMP) for the 
spawning SMZs, such as cost, monitoring, and evaluation techniques, 
should have been fully developed before the proposed sites in Amendment 
36 were presented to the Council.
    Response: The SMP for the spawning SMZs was developed in 
conjunction with Amendment 36 to outline the data and research needed 
to monitor and evaluate the spawning SMZs and guide researchers 
applying for project funding. The SMP outlines the estimated project 
costs for each study type to aid fishery managers in determining 
research priorities. The purpose of the SMP is not to outline the 
specific methods and costs. The Council acknowledged that the SMP will 
likely be modified over time as research projects are implemented. One 
of the primary tasks for the SMP was to recommend development of an 
advisory panel to the Council. The advisory panel would be used to 
further develop specific projects to monitor spawning SMZs.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 36, the 
FMP, the Magnuson-Stevens Act, and other applicable laws.
    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 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. Public comments relating to 
socio-economic implications and potential impacts on small businesses 
are addressed in the responses to Comments 2, 3, and 4 in the Comments 
and Responses section of this final rule. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.

Change to Codified Text From the Proposed Rule

    In this final rule, NMFS makes one change to the coordinates table 
for the Devil's Hole/Georgetown Hole Spawning SMZ. In the proposed 
rule, the coordinate points for this spawning SMZ were listed in a 
counter-clockwise order when plotted on a map or chart. The points for 
all other coordinate tables of the spawning SMZs in the proposed rule 
were listed in a clockwise order. This final rule revises the order of 
the coordinates for the Devil's Hole/Georgetown Hole Spawning SMZ to 
list them in a clockwise order, to be consistent with the other 
spawning SMZs in this final rule.

List of Subjects in 50 CFR Part 622

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

    Dated: June 27, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.183, revise the table in paragraph (a)(1)(i)(D) and add 
paragraph (a)(2) to read as follows:


Sec.  622.183  Area and seasonal closures.

    (a) * * *
    (1) * * *
    (i) * * *
    (D) * * *

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  32[deg]05.04'       79[deg]13.575'
B................................  32[deg]09.65'       79[deg]09.2'
C................................  32[deg]07.155'      79[deg]05.595'
D................................  32[deg]02.36'       79[deg]09.975'
A................................  32[deg]05.04'       79[deg]13.575'
------------------------------------------------------------------------

* * * * *
    (2) Spawning SMZs. (i) Any fishing vessel in a spawning SMZ is 
prohibited to fish for or harvest species in the snapper-grouper 
fishery management unit year-round. For a fishing vessel to possess 
snapper-grouper species on board while in a spawning SMZ, the vessel 
must be in transit and fishing gear must be appropriately stowed, as 
specified in paragraph (a)(2)(vii) of this section. Except for spawning 
SMZs of Area 51 and Area 53, the spawning SMZs in this paragraph are 
effective until August 2, 2027. A person on board a fishing vessel may 
not anchor, use an anchor and chain, or use a grapple and chain while 
in the spawning SMZs specified in paragraph (a)(2) of this section. The 
anchoring prohibition does not apply to fishing vessels in the spawning 
SMZs of Area 51 and Area 53.
    (ii) South Cape Lookout Spawning SMZ is bounded by rhumb lines 
connecting, in order, the following points:

[[Page 29776]]



------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  33[deg]53.040'      76[deg]28.617'
B................................  33[deg]52.019'      76[deg]27.798'
C................................  33[deg]49.946'      76[deg]30.627'
D................................  33[deg]51.041'      76[deg]31.424'
A................................  33[deg]53.040'      76[deg]28.617'
------------------------------------------------------------------------

    (iii) Devil's Hole/Georgetown Hole Spawning SMZ is bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  32[deg]34.311'      78[deg]34.996'
B................................  32[deg]34.311'      78[deg]33.220'
C................................  32[deg]32.748'      78[deg]33.220'
D................................  32[deg]32.748'      78[deg]34.996'
A................................  32[deg]34.311'      78[deg]34.996'
------------------------------------------------------------------------

    (iv) Area 51 Spawning SMZ is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  32[deg]35.25'       79[deg]28.6'
B................................  32[deg]35.25'       79[deg]27'
C................................  32[deg]33.75'       79[deg]27'
D................................  32[deg]33.75'       79[deg]28.6'
A................................  32[deg]35.25'       79[deg]28.6'
------------------------------------------------------------------------

    (v) Area 53 Spawning SMZ is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  32[deg]22.65'       79[deg]22.25'
B................................  32[deg]22.65'       79[deg]20.5'
C................................  32[deg]21.15'       79[deg]20.5'
D................................  32[deg]21.15'       79[deg]22.25'
A................................  32[deg]22.65'       79[deg]22.25'
------------------------------------------------------------------------

    (vi) Warsaw Hole/50 Fathom Hole Spawning SMZ is bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
A................................  24[deg]22.277'      82[deg]20.417'
B................................  24[deg]22.277'      82[deg]18.215'
C................................  24[deg]20.932'      82[deg]18.215'
D................................  24[deg]20.932'      82[deg]20.417'
A................................  24[deg]22.277'      82[deg]20.417'
------------------------------------------------------------------------

    (vii) For the purpose of paragraph (a)(2)(i) of this section, 
transit means direct, non-stop progression through the spawning SMZ. 
Fishing gear appropriately stowed means--
    (A) A longline may be left on the drum if all gangions and hooks 
are disconnected and stowed below deck. Hooks cannot be baited. All 
buoys must be disconnected from the gear; however, buoys may remain on 
deck.
    (B) Trawl doors and nets must be out of the water, but the doors 
are not required to be on deck or secured on or below deck.
    (C) A gillnet, stab net, or trammel net must be left on the drum. 
Any additional such nets not attached to the drum must be stowed below 
deck.
    (D) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) 
used with an automatic reel, bandit gear, buoy gear, handline, or rod 
and reel must be disconnected and stowed separately from such fishing 
gear. Sinkers must be disconnected from the down rigger and stowed 
separately.
    (E) A crustacean trap, golden crab trap, or sea bass pot cannot be 
baited. All buoys must be disconnected from the gear; however, buoys 
may remain on deck.
* * * * *

0
3. In Sec.  622.194, revise paragraph (a) to read as follows:


Sec.  622.194  Adjustment of management measures.

* * * * *
    (a) Biomass levels, age-structured analyses, target dates for 
rebuilding overfished species, MSY (or proxy), OY, ABC, TAC, quotas 
(including a quota of zero), annual catch limits (ACLs), annual catch 
targets (ACTs), AMs, maximum fishing mortality threshold (MFMT), 
minimum stock size threshold (MSST), trip limits, bag limits, size 
limits, gear restrictions (ranging from regulation to complete 
prohibition), seasonal or area closures, fishing year, rebuilding 
plans, definitions of essential fish habitat, essential fish habitat, 
essential fish habitat HAPCs or Coral HAPCs, restrictions on gear and 
fishing activities applicable in essential fish habitat and essential 
fish habitat HAPCs, and establish or modify spawning SMZs.
* * * * *
[FR Doc. 2017-13751 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-22-P
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