Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to the Number of Unrigged Hooks Carried On Board Bottom Longline Vessels, 50104-50106 [2017-23460]
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50104
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
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 § 622.190, suspend paragraphs
(a)(2)(i) through (iii) and add paragraphs
(a)(2)(iv) through (vi) to read as follows:
■
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(2) * * *
(iv) Hook-and-line and longline
components combined—313,310 lb
(142,115 kg).
(v) Hook-and-line component—78,328
lb (35,529 kg).
(vi) Longline component—234,982 lb
(106,586 kg).
*
*
*
*
*
■ 3. In § 622.193, suspend paragraphs
(a)(1)(i), (ii), and (iii), and (a)(2), and
add paragraphs (a)(1)(iv), (v), and (vi),
and (a)(3) to read as follows:
nlaroche on DSK9F9SC42PROD with PROPOSALS
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) * * *
(1) * * *
(iv) Hook-and-line component. If
commercial landings for golden tilefish,
as estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(2)(v), the AA will file a
notification with the Office of the
Federal Register to close the hook-andline component of the commercial
sector for the remainder of the fishing
year. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(v) Longline component. If
commercial landings for golden tilefish,
as estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(2)(vi), the AA will file a
notification with the Office of the
Federal Register to close the longline
component of the commercial sector for
the remainder of the fishing year. After
the commercial ACL for the longline
component is reached or projected to be
reached, golden tilefish may not be
fished for or possessed by a vessel with
a golden tilefish longline endorsement.
Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(vi) If commercial landings of golden
tilefish, as estimated by the SRD, exceed
the commercial ACL (including both the
hook-and-line and longline component
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quotas) specified in § 622.190(a)(2)(iv),
and the combined commercial and
recreational ACL of 323,000 lb (146,510
kg), gutted weight, 361,760 lb (164,092
kg), round weight, is exceeded during
the same fishing year, and golden
tilefish are overfished based on the most
recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
*
*
*
*
*
(3) Recreational sector. (i) If
recreational landings of golden tilefish,
as estimated by the SRD, reach or are
projected to reach the recreational ACL
of 2,187 fish, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings of golden
tilefish, as estimated by the SRD, exceed
the recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if the species is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 323,000 lb (146,510 kg), gutted
weight, 361,760 lb (164,092 kg), round
weight, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
*
*
*
*
*
[FR Doc. 2017–23453 Filed 10–27–17; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170619570–7570–01]
RIN 0648–BG92
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Modifications to the Number of
Unrigged Hooks Carried On Board
Bottom Longline Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in an
abbreviated 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 (Council). This proposed rule
would remove the limit on the number
of unrigged hooks that a commercial
reef fish vessel with a bottom longline
endorsement is allowed on board when
using or carrying bottom longline gear
in the Federal waters of the eastern Gulf.
The proposed rule would not change the
limit of 750 hooks that these vessels can
have rigged for fishing at any given
time. The purpose of the proposed rule
is to reduce the regulatory and potential
economic burden to bottom longline
fishers.
DATES: Written comments must be
received by November 14, 2017.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2017–0081’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal
Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170081, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
your attached comments.
• Mail: Submit all written comments
to Kelli O’Donnell, NMFS Southeast
Regional Office (SERO), 263 13th
Avenue South, St. Petersburg, FL 33701.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
SUMMARY:
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Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
nlaroche on DSK9F9SC42PROD with PROPOSALS
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies of the abbreviated
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/sustainable_
fisheries/gulf_fisheries/reef_fish/2017/
Unrigged%20hooks/Unrigged_hooks_
index.html.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS SERO,
telephone: 727–824–5305, email:
Kelli.ODonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery includes the
commercial bottom longline component
and is managed under the FMP. The
Council prepared the FMP and NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Steven Act) through
regulations at 50 CFR part 622.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield from federally managed
fish stocks to ensure that fishery
resources are managed for the greatest
overall benefit to the nation.
In 2008, using data from Federal
fishery observers, the NMFS Southeast
Fisheries Science Center estimated sea
turtle takes by the commercial bottom
longline component of the Gulf reef fish
fishery exceeded the 3-year anticipated
take levels that were described in the
2005 Endangered Species Act biological
opinion on the reef fish fishery.
Therefore, the Council and NMFS
developed management measures in
Amendment 31 to the FMP to reduce
sea turtle takes by the bottom longline
component of the Gulf reef fish fishery
(75 FR 21512; April 26, 2010). These
management measures require an
endorsement to the Federal commercial
reef fish permit to fish for reef fish using
bottom longline gear in the Gulf east of
85°30′ west longitude (near Cape San
Blas, FL), and a seasonal closure for
bottom longline gear use in that area. In
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addition, vessels in that area that have
the endorsement and are fishing with
bottom longline gear or have bottom
longline gear on board cannot possess
more than 1,000 hooks total per vessel
of which no more than 750 hooks can
be rigged for fishing.
Management Measures Contained in
This Proposed Rule
This proposed rule would remove the
current limitation on the number of
unrigged hooks allowed per bottom
longline vessel in the eastern Gulf EEZ,
while retaining the limit of 750 hooks
that can be rigged for fishing.
Since the implementation of
Amendment 31, bottom longline
endorsement holders using bottom
longline gear in the eastern Gulf EEZ
have reported increases in bottom
longline hook losses due to shark biteoffs and through normal fishing effort.
Therefore, vessel operators that use
bottom longline gear in the eastern Gulf
EEZ requested that the Council increase
the number of total unrigged hooks per
vessel, while still keeping in place the
restriction of 750 hooks rigged to fish at
any one time.
Observer data from 2010–2016 has
shown the average amount of hooks lost
per commercial bottom longline trip in
the eastern Gulf EEZ is 300 hooks.
Under the current total possession limit,
if more than 250 hooks are lost, a vessel
either has to fish with fewer than 750
hooks, get additional hooks from other
vessels to maintain the maximum
number of hooks in the water, or return
to port. Based on public testimony,
removing the restriction on the total
number of hooks kept on board is
expected to make trips more economical
by allowing fishing with the maximum
number of hooks to continue without
having to return to port or request
additional hooks from other vessels. In
addition, maintaining the current limit
of 750 hooks rigged for fishing would
preserve the reductions in sea turtle
interactions since the implementation of
Amendment 31.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
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50105
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
A description of this proposed rule,
why it is being considered, and the
objectives of, and legal basis for this
proposed rule are contained in the
preamble.
This proposed rule would directly
affect commercial fishing vessels that
use bottom longline gear to harvest reef
fish from the Gulf EEZ east of 85°30′
west longitude, east of Cape San Blas,
FL. These vessels are required to have
an eastern Gulf reef fish bottom longline
endorsement, and as of July 6, 2017, 62
vessels have that endorsement.
NMFS estimates up to 62 commercial
longline vessels could be directly
affected annually, and that 36 to 37
businesses own these 62 vessels. These
businesses represent approximately 6
percent of the 631 businesses that own
at least one commercial fishing vessel
with a Gulf reef fish permit. NMFS
expects that most to all of the directly
affected vessels make their landings in
Florida, and from 2011 through 2015, an
annual average of 59 longline vessels
landed Gulf reef fish in the state and
individually landed an average of
71,130 lb (32,264 kg), gutted weight, of
reef fish annually. With an average 2015
dockside price of $4.01 per lb, gutted
weight, the average longline vessel had
annual dockside revenue of $285,231
from reef fish landings. That annual
revenue is estimated to represent
approximately 98 to 99 percent of the
average longline vessel’s annual
revenues from all landings.
For RFA purposes, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily involved in
commercial fishing (NAICS 11411) is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and its
combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. Based
on the average annual dockside revenue
of a longline vessel, it is expected that
most to all of the businesses that would
be directly affected by the proposed rule
are small.
Since May 2010, within the Gulf EEZ
east of 85°30′ west longitude, a vessel
for which a valid eastern Gulf reef fish
bottom longline endorsement has been
issued and that is fishing bottom
longline gear or has bottom longline
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Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules
gear on board cannot possess more than
a total of 1,000 hooks, and no more than
750 hooks can be rigged for fishing at
any given time.
Industry representatives have
indicated that a total of 1,000 hooks is
not enough on long trips to compensate
for hook losses due to sharks’ biting
hooks off and other general reasons.
Under the current total possession limit,
if more than 250 hooks are lost, a vessel
either has to fish with fewer than 750
hooks or acquire additional hooks from
other vessels to maintain the maximum
number of hooks in the water. A third
option is for the vessel to end the trip
and return to port; however, that
reduces the vessel landings. Observer
data indicates an average of over 250
hooks were lost per trip from 2011
through 2016; however, despite the total
hook limit and the average hook loss,
average landings of reef fish per longline
trip increased over that time.
The proposed rule would allow a
vessel with a longline endorsement to
possess an unlimited number of hooks,
but it would not change the maximum
number that can be rigged for fishing.
Any bottom longline vessel that would
increase the total number of hooks it
possesses beyond 1,000 would do so
only if there were an economic benefit
of doing so. Removing the limit on the
number of unrigged hooks that can be
onboard is expected to improve fishers’
ability to maintain the maximum
number of rigged hooks over the
duration of a trip. There is insufficient
information to estimate the number of
vessels that may benefit from possessing
more than 1,000 hooks and the
magnitude of such a benefit.
NMFS expects this proposed rule
would not have a significant economic
impact on a substantial number of small
entities, and an initial regulatory
flexibility analysis is not required and
none has been prepared.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, this
proposed rule does not implicate the
Paperwork Reduction Act.
List of Subjects in 50 CFR Part 622
Bottom longline gear, Fisheries,
Fishing, Gulf of Mexico, Reef fish.
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Dated: October 24, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.35, revise the first sentence
of paragraph (b)(3) to read as follows:
■
§ 622.35
Gear restricted areas.
*
*
*
*
*
(b) * * *
(3) Within the Gulf EEZ east of 85°30′
W. long., a vessel for which a valid
eastern Gulf reef fish bottom longline
endorsement has been issued that is
fishing bottom longline gear or has
bottom longline gear on board cannot
possess more than 750 hooks rigged for
fishing at any given time. * * *
*
*
*
*
*
[FR Doc. 2017–23460 Filed 10–27–17; 8:45 am]
BILLING CODE 3510–22–P
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170627602–7602–01]
RIN 0648–BG98
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Whiting; Pacific Coast
Groundfish Fishery Management Plan;
Amendment 21–3; Trawl
Rationalization Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes this interim
measure to change the management of
the Pacific whiting at-sea sectors’ (i.e.,
the Mothership (MS) and Catcher/
Processor (C/P) sectors) allocations for
darkblotched rockfish and Pacific ocean
perch (POP) by managing the allocations
as set-asides rather than as total catch
limits. This rule also proposes
SUMMARY:
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Comments on this proposed rule
must be received no later than
November 27, 2017.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2017–0102 by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170102, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Barry A. Thom, Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070, Attn: Miako
Ushio.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
ADDRESSES:
DEPARTMENT OF COMMERCE
PO 00000
regulations in accordance with
Amendment 21–3 to the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP) (see electronic access under
SUPPLEMENTARY INFORMATION). The
proposed action would revise
regulations so that higher than
anticipated harvest of darkblotched
rockfish or POP that exceeds a sector’s
initial distribution of those species
would not require automatic closure of
one or more of the Pacific whiting at-sea
sectors. This action is intended to
reduce the risk of those sectors not
attaining their respective Pacific whiting
allocations based on the incidental
catch of darkblotched rockfish or POP,
when allowing the sector(s) to remain
open would not exceed their respective
annual catch limit (ACLs). This action
would not change or increase the risk of
exceeding darkblotched rockfish or POP
ACL, as the proposed rule would also
allow NMFS to close one or both of the
MS and C/P sectors via automatic action
if the species-specific set-aside amounts
plus the available reserve for unforeseen
catch events, known colloquially as the
‘‘buffer,’’ are anticipated to be exceeded.
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]]>Agencies
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Proposed Rules]
[Pages 50104-50106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23460]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170619570-7570-01]
RIN 0648-BG92
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Modifications to the Number of
Unrigged Hooks Carried On Board Bottom Longline Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in an
abbreviated 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 (Council). This
proposed rule would remove the limit on the number of unrigged hooks
that a commercial reef fish vessel with a bottom longline endorsement
is allowed on board when using or carrying bottom longline gear in the
Federal waters of the eastern Gulf. The proposed rule would not change
the limit of 750 hooks that these vessels can have rigged for fishing
at any given time. The purpose of the proposed rule is to reduce the
regulatory and potential economic burden to bottom longline fishers.
DATES: Written comments must be received by November 14, 2017.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2017-0081'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0081, click the ``Comment Now!'' icon,
complete the required fields, and enter your attached comments.
Mail: Submit all written comments to Kelli O'Donnell, NMFS
Southeast Regional Office (SERO), 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record
[[Page 50105]]
and will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address), confidential business information, or otherwise sensitive
information submitted voluntarily by the sender will be publicly
accessible. NMFS will accept anonymous comments (enter ``N/A'' in
required fields if you wish to remain anonymous).
Electronic copies of the abbreviated 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/sustainable_fisheries/gulf_fisheries/reef_fish/2017/Unrigged%20hooks/Unrigged_hooks_index.html.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS SERO, telephone:
727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes the
commercial bottom longline component and is managed under the FMP. The
Council prepared the FMP and NMFS implements the FMP under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Steven Act) through regulations at 50 CFR part 622.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks to ensure
that fishery resources are managed for the greatest overall benefit to
the nation.
In 2008, using data from Federal fishery observers, the NMFS
Southeast Fisheries Science Center estimated sea turtle takes by the
commercial bottom longline component of the Gulf reef fish fishery
exceeded the 3-year anticipated take levels that were described in the
2005 Endangered Species Act biological opinion on the reef fish
fishery. Therefore, the Council and NMFS developed management measures
in Amendment 31 to the FMP to reduce sea turtle takes by the bottom
longline component of the Gulf reef fish fishery (75 FR 21512; April
26, 2010). These management measures require an endorsement to the
Federal commercial reef fish permit to fish for reef fish using bottom
longline gear in the Gulf east of 85[deg]30' west longitude (near Cape
San Blas, FL), and a seasonal closure for bottom longline gear use in
that area. In addition, vessels in that area that have the endorsement
and are fishing with bottom longline gear or have bottom longline gear
on board cannot possess more than 1,000 hooks total per vessel of which
no more than 750 hooks can be rigged for fishing.
Management Measures Contained in This Proposed Rule
This proposed rule would remove the current limitation on the
number of unrigged hooks allowed per bottom longline vessel in the
eastern Gulf EEZ, while retaining the limit of 750 hooks that can be
rigged for fishing.
Since the implementation of Amendment 31, bottom longline
endorsement holders using bottom longline gear in the eastern Gulf EEZ
have reported increases in bottom longline hook losses due to shark
bite-offs and through normal fishing effort. Therefore, vessel
operators that use bottom longline gear in the eastern Gulf EEZ
requested that the Council increase the number of total unrigged hooks
per vessel, while still keeping in place the restriction of 750 hooks
rigged to fish at any one time.
Observer data from 2010-2016 has shown the average amount of hooks
lost per commercial bottom longline trip in the eastern Gulf EEZ is 300
hooks. Under the current total possession limit, if more than 250 hooks
are lost, a vessel either has to fish with fewer than 750 hooks, get
additional hooks from other vessels to maintain the maximum number of
hooks in the water, or return to port. Based on public testimony,
removing the restriction on the total number of hooks kept on board is
expected to make trips more economical by allowing fishing with the
maximum number of hooks to continue without having to return to port or
request additional hooks from other vessels. In addition, maintaining
the current limit of 750 hooks rigged for fishing would preserve the
reductions in sea turtle interactions since the implementation of
Amendment 31.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
A description of this proposed rule, why it is being considered,
and the objectives of, and legal basis for this proposed rule are
contained in the preamble.
This proposed rule would directly affect commercial fishing vessels
that use bottom longline gear to harvest reef fish from the Gulf EEZ
east of 85[deg]30' west longitude, east of Cape San Blas, FL. These
vessels are required to have an eastern Gulf reef fish bottom longline
endorsement, and as of July 6, 2017, 62 vessels have that endorsement.
NMFS estimates up to 62 commercial longline vessels could be
directly affected annually, and that 36 to 37 businesses own these 62
vessels. These businesses represent approximately 6 percent of the 631
businesses that own at least one commercial fishing vessel with a Gulf
reef fish permit. NMFS expects that most to all of the directly
affected vessels make their landings in Florida, and from 2011 through
2015, an annual average of 59 longline vessels landed Gulf reef fish in
the state and individually landed an average of 71,130 lb (32,264 kg),
gutted weight, of reef fish annually. With an average 2015 dockside
price of $4.01 per lb, gutted weight, the average longline vessel had
annual dockside revenue of $285,231 from reef fish landings. That
annual revenue is estimated to represent approximately 98 to 99 percent
of the average longline vessel's annual revenues from all landings.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
involved in commercial fishing (NAICS 11411) is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and its combined
annual receipts are not in excess of $11 million for all of its
affiliated operations worldwide. Based on the average annual dockside
revenue of a longline vessel, it is expected that most to all of the
businesses that would be directly affected by the proposed rule are
small.
Since May 2010, within the Gulf EEZ east of 85[deg]30' west
longitude, a vessel for which a valid eastern Gulf reef fish bottom
longline endorsement has been issued and that is fishing bottom
longline gear or has bottom longline
[[Page 50106]]
gear on board cannot possess more than a total of 1,000 hooks, and no
more than 750 hooks can be rigged for fishing at any given time.
Industry representatives have indicated that a total of 1,000 hooks
is not enough on long trips to compensate for hook losses due to
sharks' biting hooks off and other general reasons. Under the current
total possession limit, if more than 250 hooks are lost, a vessel
either has to fish with fewer than 750 hooks or acquire additional
hooks from other vessels to maintain the maximum number of hooks in the
water. A third option is for the vessel to end the trip and return to
port; however, that reduces the vessel landings. Observer data
indicates an average of over 250 hooks were lost per trip from 2011
through 2016; however, despite the total hook limit and the average
hook loss, average landings of reef fish per longline trip increased
over that time.
The proposed rule would allow a vessel with a longline endorsement
to possess an unlimited number of hooks, but it would not change the
maximum number that can be rigged for fishing. Any bottom longline
vessel that would increase the total number of hooks it possesses
beyond 1,000 would do so only if there were an economic benefit of
doing so. Removing the limit on the number of unrigged hooks that can
be onboard is expected to improve fishers' ability to maintain the
maximum number of rigged hooks over the duration of a trip. There is
insufficient information to estimate the number of vessels that may
benefit from possessing more than 1,000 hooks and the magnitude of such
a benefit.
NMFS expects this proposed rule would not have a significant
economic impact on a substantial number of small entities, and an
initial regulatory flexibility analysis is not required and none has
been prepared.
No duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting, record-keeping, or other
compliance requirements are introduced by this proposed rule.
Accordingly, this proposed rule does not implicate the Paperwork
Reduction Act.
List of Subjects in 50 CFR Part 622
Bottom longline gear, Fisheries, Fishing, Gulf of Mexico, Reef
fish.
Dated: October 24, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.35, revise the first sentence of paragraph (b)(3) to
read as follows:
Sec. 622.35 Gear restricted areas.
* * * * *
(b) * * *
(3) Within the Gulf EEZ east of 85[deg]30' W. long., a vessel for
which a valid eastern Gulf reef fish bottom longline endorsement has
been issued that is fishing bottom longline gear or has bottom longline
gear on board cannot possess more than 750 hooks rigged for fishing at
any given time. * * *
* * * * *
[FR Doc. 2017-23460 Filed 10-27-17; 8:45 am]
BILLING CODE 3510-22-P
