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, 5210-5212 [2018-02314]
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5210
Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: January 23, 2018.
Chris Hladick,
Regional Administrator—Region 10.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300—[Amended]
2. Table 1 of Appendix B to part 300
is amended by removing the entry
‘‘WA’’, ‘‘Vancouver Water Station #4
Contamination’’, ‘‘Vancouver’’.
■
[FR Doc. 2018–02351 Filed 2–5–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1994–0009; FRL–9973–
62–Region 10]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Vancouver Water Station #1
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 10 announces the
deletion of the Vancouver Water Station
#1 Superfund Site (Site) located in
Vancouver, Washington, from the
National Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The NPL refers
to the Site as the Vancouver Water
Station #1 Contamination Superfund
Site. The EPA and the State of
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:43 Feb 05, 2018
Jkt 244001
Washington, through the Department of
Ecology, have determined that all
appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
This action is effective February
6, 2018.
ADDRESSES: Docket: EPA has established
a docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1994–0009. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories at:
USEPA Region 10 Records Center,
1200 Sixth Avenue, Suite 900, Seattle,
Washington, Monday through Friday,
except Federal holidays, between 8:00
a.m. and 5:00 p.m., Phone: 206–552–
1200 or 800–424–4372.
City of Vancouver Water Resources
Education Center, 4600 SE Columbia
Way, Vancouver, Washington, Monday
through Friday, except holidays,
between 9 a.m. and 5 p.m. and Saturday
between noon and 5:00 p.m., Phone:
360–487–7111.
FOR FURTHER INFORMATION CONTACT:
Jeremy Jennings, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 10, ECL–122, 1200
Sixth Avenue, Suite 900, Seattle WA
98101, (206–553–2724) email
jennings.jeremy@epa.gov.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Vancouver
Water Station #1 Superfund Site,
Vancouver, Washington. A Notice of
Intent to Delete for this Site was
published in the Federal Register (82
FR 44548–44551) on September 25,
2017.
The closing date for comments on the
Notice of Intent To Delete was October
25, 2017. One public comment was
received. The comment was not a sitespecific adverse comment and EPA is
proceeding with deletion. A
responsiveness summary was prepared
and placed in both the docket, EPA–
HQ–SFUND–1994–0009, on
www.regulations.gov, and in the site
information repositories listed above.
DATES:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: January 23, 2018.
Chris Hladick,
Regional Administrator—Region 10.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Appendix B to Part 300—[Amended]
2. Table 1 of Appendix B to part 300
is amended by removing the entry
‘‘WA’’, ‘‘Vancouver Water Station #1
Contamination’’, ‘‘Vancouver’’.
■
[FR Doc. 2018–02353 Filed 2–5–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170619570–8056–02]
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
AGENCY:
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues regulations 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
final rule removes 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. This final rule does not
change the limit of 750 hooks that these
vessels can have rigged for fishing at
any given time. The purpose of this final
rule is to reduce the regulatory and
potential economic burden to bottom
longline fishers.
DATES: This final rule is effective
February 6, 2018.
ADDRESSES: 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
website 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.
On October 30, 2017, NMFS
published a proposed rule for the
framework action and requested public
comment (82 FR 50104). The proposed
rule and framework action outline the
rationale for the action contained in this
final rule. A summary of the
management measure described in the
framework amendment and
implemented by this final rule is
provided below.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
Management Measure Contained in
This Final Rule
This final rule removes the current
limitation on the number of unrigged
VerDate Sep<11>2014
17:43 Feb 05, 2018
Jkt 244001
hooks allowed per bottom longline
vessel in the eastern Gulf exclusive
economic zone (EEZ), while retaining
the limit of 750 hooks that can be rigged
for fishing.
The limitation on the number of
unrigged hooks was put in place by
Amendment 31 to the FMP, which
contained several management
measures to reduce sea turtle takes by
the bottom longline component of the
Gulf reef fish fishery (75 FR 21512;
April 26, 2010). 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 who 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 have
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
of 1,000 hooks, 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. 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 preserves the reductions in sea
turtle interactions since the
implementation of Amendment 31.
Comments and Responses
A total of 20 comments were received
on the proposed rule for the framework
action. Eleven comments were in
support of the proposed rule and five
comments disagreed with the proposed
rule. Comments supporting the rule
stated that removing the 1,000 hooks per
vessel restriction would allow vessels to
carry adequate replacement hooks,
possibly increase net benefits, and ease
the burden on law enforcement. Other
comments that were outside the scope
of the proposed rule and, therefore, are
not addressed here, stated that longline
fishing should be prohibited in the Gulf
or regulated more strictly. Specific
comments opposed to the framework
action and the proposed rule are
grouped as appropriate and summarized
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
5211
below, followed by NMFS’ respective
responses.
Comment 1: The hook restriction
should not be removed. Instead the
hook limit should be based on an
estimate of hooks lost per day and the
total trip length, or the total number of
hooks should be increased to a higher
defined level.
Response: NMFS disagrees that some
form of the unrigged hook restriction
should remain in place. It would be
difficult to establish a hook limit based
on an estimate of hooks lost per day and
the total trip length because trip length
can vary with every trip due to
unexpected circumstances such as
weather, vessel mechanics, or personnel
issues. So although an estimate of hooks
lost per day can be calculated from
observer records, this average could not
be accurately applied to each vessel at
the beginning of each trip. The Council
did consider two options for increasing
the total number hooks allowed per
vessel. However, the Council
determined, and NMFS agrees, that
those alternatives would increase the
burden on law enforcement by requiring
officers to count a greater number of
unrigged hooks to verify compliance
while providing no additional benefit to
sea turtles because it is the number of
hooks in the water that impacts the
frequency of interactions.
Comment 2: Allowing an unlimited
number of unrigged hooks will allow
vessels to stay out longer and fish more,
which could lead to overfishing and
more interactions with protected
species.
Response: NMFS disagrees that
allowing an unlimited number of
unrigged hooks on bottom longline
vessels will lead to overfishing or more
interactions with protected species. The
management measures in place restrict
the harvest of target species and
preserve the reductions in sea turtle
interactions since the implementation of
Amendment 31. The species targeted by
the eastern bottom longline component
of the reef fish fishery in the Gulf EEZ
are managed under the Individual
Fishing Quota (IFQ) programs
established in Amendments 26 and 29
to the FMP (71 FR 67447; November 22,
2006, and 74 FR 44732; August 31,
2009, respectively). Under the IFQ
programs, harvest is strictly controlled
and since the implementation of these
programs landings of IFQ species have
been constrained to the applicable
annual commercial quotas. To limit
interactions with protected sea turtles,
bottom longline fishing in the eastern
Gulf EEZ is restricted by an annual
seasonal closure for the months of June
E:\FR\FM\06FER1.SGM
06FER1
5212
Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Rules and Regulations
through August, and vessels are still
limited to 750 hooks rigged for fishing.
daltland on DSKBBV9HB2PROD with RULES
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
consistent with the framework action,
the FMP, the Magnuson-Stevens Act,
and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule is considered a
deregulatory action under Executive
Order 13771.
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 adverse
economic impact on a substantial
number of small entities. The factual
basis for this determination was
published in the proposed rule and is
not repeated here. No public comments
were made related to the economic
implications and potential impacts on
small businesses. As a result, a final
regulatory flexibility analysis was not
required and none was prepared.
This rule is exempt from the
requirement to delay the effectiveness of
a final rule by 30 days after publication
in the Federal Register, under 5 U.S.C.
553(d)(1), because the measure
implemented by this final rule relieves
a restriction on the regulated
community. Specifically, this rule
removes the restriction on the number
of unrigged hooks that a commercial
reef fish vessel with a bottom longline
endorsement is allowed on board. This
is expected to improve fishers’ ability to
maintain the maximum number of
rigged hooks over the duration of a trip
and 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.
VerDate Sep<11>2014
17:43 Feb 05, 2018
Jkt 244001
List of Subjects in 50 CFR Part 622
Bottom longline gear, Fisheries,
Fishing, Gulf of Mexico, Reef fish.
Dated: February 1, 2018.
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 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. 2018–02314 Filed 2–5–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170818784–8080–02]
RIN 0648–XF641
Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean
Quahog Fishery; 2018–2020 Fishing
Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
This final rule implements
status quo commercial quotas for the
Atlantic surfclam and ocean quahog
fisheries for 2018 and projected status
quo quotas for 2019 and 2020. This
action is necessary to establish
allowable harvest levels of Atlantic
surfclams and ocean quahogs that will
prevent overfishing and allow
harvesting of optimum yield. This
action also continues to suspend the
minimum shell size for Atlantic
surfclams for the 2018 fishing year. The
intended effect of this action is to
provide benefit to the industry from
stable quotas to maintain a consistent
market.
SUMMARY:
This rule is effective March 8,
2018, through December 31, 2018.
DATES:
Copies of the
Environmental Assessment (EA),
Supplemental Information Request
(SIR), and other supporting documents
for these specifications are available
from the Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Erin
Wilkinson, Fishery Management
Specialist, 301–427–8561.
In June
2017, the Council voted to recommend
maintaining for 2018–2020 the status
quo quota levels of 5.33 million bu (288
million L) for the ocean quahog fishery,
3.40 million bu (181 million L) for the
Atlantic surfclam fishery, and 100,000
Maine bu (3.52 million L) for the Maine
ocean quahog fishery. As further
discussed below, NMFS received six
comments on the proposed rule (82 FR
58164) published on December 11,
2017. Additional detail on the Council’s
recommendations and background on
the surfclam and ocean quahog
specifications is provided in the
proposed rule and not repeated here.
SUPPLEMENTARY INFORMATION:
2018 and Projected 2019–2020
Specifications
Tables 1 and 2 show quotas for 2018
and projected quotas for the 2019–2020
Atlantic surfclam and ocean quahog
fishery. NMFS will publish a notice in
the Federal Register before the 2019 and
2020 fishing years notifying the public
of the final quota for each year.
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5210-5212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02314]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170619570-8056-02]
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
[[Page 5211]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations 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 final rule removes 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. This final rule does
not change the limit of 750 hooks that these vessels can have rigged
for fishing at any given time. The purpose of this final rule is to
reduce the regulatory and potential economic burden to bottom longline
fishers.
DATES: This final rule is effective February 6, 2018.
ADDRESSES: 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 website 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.
On October 30, 2017, NMFS published a proposed rule for the
framework action and requested public comment (82 FR 50104). The
proposed rule and framework action outline the rationale for the action
contained in this final rule. A summary of the management measure
described in the framework amendment and implemented by this final rule
is provided below.
Management Measure Contained in This Final Rule
This final rule removes the current limitation on the number of
unrigged hooks allowed per bottom longline vessel in the eastern Gulf
exclusive economic zone (EEZ), while retaining the limit of 750 hooks
that can be rigged for fishing.
The limitation on the number of unrigged hooks was put in place by
Amendment 31 to the FMP, which contained several management measures to
reduce sea turtle takes by the bottom longline component of the Gulf
reef fish fishery (75 FR 21512; April 26, 2010). 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 who 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 have 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 of 1,000 hooks, 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. 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 preserves the reductions
in sea turtle interactions since the implementation of Amendment 31.
Comments and Responses
A total of 20 comments were received on the proposed rule for the
framework action. Eleven comments were in support of the proposed rule
and five comments disagreed with the proposed rule. Comments supporting
the rule stated that removing the 1,000 hooks per vessel restriction
would allow vessels to carry adequate replacement hooks, possibly
increase net benefits, and ease the burden on law enforcement. Other
comments that were outside the scope of the proposed rule and,
therefore, are not addressed here, stated that longline fishing should
be prohibited in the Gulf or regulated more strictly. Specific comments
opposed to the framework action and the proposed rule are grouped as
appropriate and summarized below, followed by NMFS' respective
responses.
Comment 1: The hook restriction should not be removed. Instead the
hook limit should be based on an estimate of hooks lost per day and the
total trip length, or the total number of hooks should be increased to
a higher defined level.
Response: NMFS disagrees that some form of the unrigged hook
restriction should remain in place. It would be difficult to establish
a hook limit based on an estimate of hooks lost per day and the total
trip length because trip length can vary with every trip due to
unexpected circumstances such as weather, vessel mechanics, or
personnel issues. So although an estimate of hooks lost per day can be
calculated from observer records, this average could not be accurately
applied to each vessel at the beginning of each trip. The Council did
consider two options for increasing the total number hooks allowed per
vessel. However, the Council determined, and NMFS agrees, that those
alternatives would increase the burden on law enforcement by requiring
officers to count a greater number of unrigged hooks to verify
compliance while providing no additional benefit to sea turtles because
it is the number of hooks in the water that impacts the frequency of
interactions.
Comment 2: Allowing an unlimited number of unrigged hooks will
allow vessels to stay out longer and fish more, which could lead to
overfishing and more interactions with protected species.
Response: NMFS disagrees that allowing an unlimited number of
unrigged hooks on bottom longline vessels will lead to overfishing or
more interactions with protected species. The management measures in
place restrict the harvest of target species and preserve the
reductions in sea turtle interactions since the implementation of
Amendment 31. The species targeted by the eastern bottom longline
component of the reef fish fishery in the Gulf EEZ are managed under
the Individual Fishing Quota (IFQ) programs established in Amendments
26 and 29 to the FMP (71 FR 67447; November 22, 2006, and 74 FR 44732;
August 31, 2009, respectively). Under the IFQ programs, harvest is
strictly controlled and since the implementation of these programs
landings of IFQ species have been constrained to the applicable annual
commercial quotas. To limit interactions with protected sea turtles,
bottom longline fishing in the eastern Gulf EEZ is restricted by an
annual seasonal closure for the months of June
[[Page 5212]]
through August, and vessels are still limited to 750 hooks rigged for
fishing.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is consistent with the framework action, the FMP,
the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is considered a deregulatory action under Executive
Order 13771.
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 adverse economic impact on a substantial number of
small entities. The factual basis for this determination was published
in the proposed rule and is not repeated here. No public comments were
made related to the economic implications and potential impacts on
small businesses. As a result, a final regulatory flexibility analysis
was not required and none was prepared.
This rule is exempt from the requirement to delay the effectiveness
of a final rule by 30 days after publication in the Federal Register,
under 5 U.S.C. 553(d)(1), because the measure implemented by this final
rule relieves a restriction on the regulated community. Specifically,
this rule removes the restriction on the number of unrigged hooks that
a commercial reef fish vessel with a bottom longline endorsement is
allowed on board. This is expected to improve fishers' ability to
maintain the maximum number of rigged hooks over the duration of a trip
and 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.
List of Subjects in 50 CFR Part 622
Bottom longline gear, Fisheries, Fishing, Gulf of Mexico, Reef
fish.
Dated: February 1, 2018.
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 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. 2018-02314 Filed 2-5-18; 8:45 am]
BILLING CODE 3510-22-P
