Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle Release Gear; Amendment 49, 50056-50059 [2018-21635]
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules
[ONE WEEK IN ADVANCE OF THE
MEETING], to allow us to arrange for
such services. There is no guarantee that
interpreter services requested on short
notice can be provided. For information
concerning the HOS rules, contact Mr.
Tom Yager, Chief, Driver and Carrier
Operations Division, (202) 366–4325,
mcpsd@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
ANPRM (Docket No. FMCSA–2018–
0248), indicate the specific section of
this document to which each section
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2018–0248, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period for the ANPRM. Late
comments will be considered to the
extent practicable.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is customarily not
made available to the public by the
submitter. Under the Freedom of
Information Act, CBI is eligible for
protection from public disclosure. If you
have CBI that is relevant or responsive
to the ANPRM and this listening
session, it is important that you clearly
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designate the submitted comments as
CBI. Accordingly, please mark each
page of your submission as
‘‘confidential’’ or ‘‘CBI.’’ Submissions
designated as CBI and meeting the
definition noted above will not be
placed in the public docket for the
ANPRM and this listening session.
Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief,
Regulatory Analysis Division, 1200 New
Jersey Avenue SE, Washington, DC
20590 or brian.dahlin@dot.gov. Any
commentary that FMCSA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
FMCSA will consider all comments
and material received during the
comment period for the ANPRM.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2018–0248, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On August 23, 2018 (83 FR 42631),
FMCSA published an ANPRM
concerning potential changes to its
hours-of-service rules. The ANPRM
indicated the Agency is considering
changes in four areas of the HOS rules:
The short-haul HOS limit [49 CFR
395.1(e)(1)(ii)(A)]; the HOS exception
for adverse driving conditions
[§ 395.1(b)(1)]; the 30-minute rest break
provision [§ 395.3(a)(3)(ii)]; and the
split-sleeper berth rule to allow drivers
to split their required time in the sleeper
berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In
addition, the Agency requested public
comment on petitions for rulemaking
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from the Owner-Operator Independent
Drivers Association (OOIDA) and
TruckerNation.org (TruckerNation). The
ANPRM provides an opportunity for
additional discussion of each of these
topics. The listening session will
provide an opportunity for interested
persons to share their views on these
topics with representatives of the
Agency. The Agency encourages ELD
vendors to participate to address
potential implementation issues, should
changes to the HOS rules be made.
III. Meeting Participation
The listening session is open to the
public. Speakers’ remarks will be
limited to 2 minutes each. The public
may submit material to the FMCSA staff
at the session for inclusion in the public
docket, FMCSA–2018–0248. The
session will be webcast in its entirety,
providing the opportunity for remote
participation via the internet. For
information on participating in the live
webcast, please go to
www.fmcsa.dot.gov.
IV. Questions for Discussion During the
Listening Session
In preparing their comments, meeting
participants should consider the
questions posed in the ANPRM about
the current HOS requirements. Answers
to these questions should be based upon
the experience of the participants and
any data or information they can share
with FMCSA.
Issued on: September 27, 2018.
Jim Mullen,
Chief Counsel.
[FR Doc. 2018–21628 Filed 10–3–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BH92
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Revisions to Sea Turtle Release Gear;
Amendment 49
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) has
SUMMARY:
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules
submitted Amendment 49 to the Fishery
Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico
(Gulf) (Amendment 49) for review,
approval, and implementation by
NMFS. If approved by the Secretary of
Commerce, Amendment 49 would add
three new devices as options for
fishermen to meet requirements for sea
turtle release gear, and would simplify
and clarify the requirements for other
sea turtle release gear. The new devices
would provide additional options to
fulfill existing requirements for carrying
sea turtle release gear on board vessels
with Federal Gulf commercial or charter
vessel/headboat reef fish permits.
Amendment 49 would also modify the
FMP framework procedure to allow for
future changes to release gear and
handling requirements for sea turtles
and other protected resources. The
purpose of Amendment 49 is to allow
the use of new devices to safely handle
and release incidentally captured sea
turtles, clarify existing requirements,
and streamline the process for making
changes to the release devices and
handling procedures for sea turtles and
other protected species.
DATES: Written comments on
Amendment 49 must be received by
December 3, 2018.
ADDRESSES: You may submit comments
on Amendment 49 identified by
‘‘NOAA–NMFS–2018–0087’’ by either
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-2018-0087, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit all written comments
to Susan Gerhart, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 49
may be obtained www.regulations.gov or
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from the Southeast Regional Office
website at https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
reef_fish/. Amendment 49
includes an environmental assessment,
a fishery impact statement, a regulatory
impact review, and a Regulatory
Flexibility Act analysis.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, NMFS Southeast
Regional Office, telephone: 727–824–
5305; email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or FMP amendment to
NMFS for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The FMP being revised by
Amendment 49 was prepared by the
Council, and Amendment 49, if
approved, would be implemented by
NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Act.
Background
The Endangered Species Act (ESA)
directs all Federal agencies to insure
that any action they authorize, fund, or
carry-out does not jeopardize the
continued existence of endangered or
threatened species, or destroy or
adversely modify designated critical
habitat. The ESA requires that any
Federal agency proposing an action that
may adversely affect ESA-listed species
or critical habitat formally consult with
the U.S. Fish and Wildlife Service or
NMFS (i.e., consulting agencies).
In February 2005, NMFS issued a
biological opinion (2005 BiOp), in
accordance with section 7 of the ESA,
that evaluated the impact of the Gulf
reef fish fishery on endangered sea
turtles and smalltooth sawfish. The
2005 BiOp concluded that the
anticipated incidental take of sea turtles
and smalltooth sawfish by the Gulf reef
fish fishery was not likely to jeopardize
their continued existence, or destroy or
adversely modify designated critical
habitat; however, the 2005 BiOp
required that reasonable and prudent
measures be taken to minimize stress
and increase the survival rates of any
sea turtles and smalltooth sawfish taken
in the fishery.
In response to the 2005 BiOp, the
Council developed measures in
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Amendment 18A to the FMP to increase
the likelihood of survival of released sea
turtles and smalltooth sawfish caught
incidentally in the Gulf reef fish fishery.
The final rule implementing
Amendment 18A required vessels with
Federal commercial or charter vessel/
headboat permits for Gulf reef fish to
possess a specific set of release gear, and
comply with sea turtle and smalltooth
sawfish handling and release protocols
and guidelines (71 FR 45428, August 9,
2006). Fishermen on these same
federally permitted vessels are also
required to maintain a reference copy of
the NMFS sea turtle handling and
release protocols document titled,
‘‘Careful Release Protocols for Sea
Turtle Release with Minimal Injury’’
(Release Protocols), in the event a sea
turtle is incidentally captured. These
Gulf reef fish permit holders are also
required to post a NMFS placard of sea
turtle handling and release guidelines
inside the wheelhouse, or in an easily
viewable area on the vessel if there is no
wheelhouse.
Since implementation of Amendment
18A in 2006, the Release Protocols have
been revised twice, once in 2008, and
again in 2010. Currently, NMFS is
drafting a revision to the Release
Protocols and would include the
recently approved sea turtle release
devices if NMFS implements
Amendment 49. However, fishermen
participating in the reef fish fishery
cannot use these devices to meet sea
turtle release gear requirements until
they are implemented via regulations.
Actions Contained in Amendment 49
Amendment 49 would add three new
sea turtle handling and release devices,
clarify the requirements for other
currently required gear, and modify the
FMP framework procedure to include
future changes to release gear and
handling requirements for sea turtles
and other protected resources. NMFS
and the Council are proposing these
changes to provide additional flexibility
to fishermen in complying with sea
turtle release gear requirements, to aid
fishermen and law enforcement with
compliance and enforcement efforts by
clarifying existing requirements, and to
allow for more rapid implementation of
regulatory changes to release gear and
handling requirements.
New Sea Turtle Release Gear
The final rule for Amendment 18A
established the requirement for sea
turtle release gear to be carried on board
vessels with Federal commercial and
charter vessel/headboat reef fish
permits, and specified the devices
allowed to meet this requirement.
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules
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Amendment 49 would add three new
sea turtle release and handling devices
that have been approved for use by the
NMFS Southeast Fisheries Science
Center (SEFSC), providing more options
for fishermen to fulfill the sea turtle gear
requirements. Details of the
construction requirements for these new
devices can be found in Amendment 49,
and would be included in the new
Release Protocols, if subsequently
approved by NMFS. NMFS expects the
proposed new release devices would
increase flexibility for fishermen and
regulatory compliance within the
fishery, which may result in positive
benefits to sea turtles.
Two of the new sea turtle handling
devices are a collapsible hoop net and
a sea turtle hoist (net). Both of these
devices are more compact versions of
the currently required long-handled dip
net, and would be used for bringing an
incidentally captured sea turtle on
board the fishing vessel to remove
fishing gear from the sea turtle. For the
collapsible hoop net, the net portion is
attached to hoops made of flexible
stainless steel cable; when the
collapsible hoop net is folded over on
itself for storage, its size reduces to
about half of its original diameter.
Additionally, there are two versions of
the sea turtle hoist. One version consists
of the net portion securely fastened to
a frame, providing a relatively taut
platform for the sea turtle to be brought
on board. Another version creates a
basket with the frame and net that holds
the sea turtle as it is brought on board.
Both the collapsible hoop net and the
sea turtle hoist use rope handles
attached to either side of the frame, in
place of the rigid handle on the dip net.
Generally, the collapsible hoop net or
hoist would be used to bring sea turtles
on board vessels with a high freeboard
when it is not feasible to use a dip net.
The third new device is a dehooker
that can be used to remove an externally
embedded hook from a sea turtle. This
device has a squeeze handle that secures
the hook into notches at the end of the
shaft of the dehooker, so the hook can
be twisted out. This new device would
provide another option for fishermen to
comply with the regulation for a shorthandled dehooker for external hooks.
Requirements for Existing Sea Turtle
Release Gear
Amendment 49 also would also
update the requirements of some
currently approved devices for clarity
and simplicity, and to aid fishermen
and law enforcement with compliance
and enforcement efforts. These updates
would include more specific
measurements for sea turtle release gear.
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The revisions would provide for either
a minimum size dimension or a size
range for the short-handled dehookers
for external and internal hooks, bite
block on the short-handled internal use
dehooker, long-nose or needle-nose
pliers, bolt cutters, and the block of hard
wood and hank of rope when used as
mouth openers and gags. Other
proposed changes are listed below.
Current regulations specify that short
and long-handled dehookers must be
constructed of 316L stainless steel,
which is resistant to corrosion from salt
water. The SEFSC has also approved
304L stainless steel for the construction
of all short-handled and long-handled
dehookers. This proposed additional
grade of stainless steel is commonly
available and is also corrosion resistant.
Another required device to assist with
removing fishing gear from a sea turtle
is a pair of monofilament line cutters.
Current regulations state that the
monofilament line cutters must have
cutting blades of 1-inch (2.54 cm) in
length (Appendix F to 50 CFR part 622).
However, SEFSC has clarified that the
blade length must be a minimum of 1
inch (2.54 cm) but could be longer.
Another required gear type is mouth
openers and gags, used to hold a sea
turtle’s mouth open to remove fishing
gear. At least two of the seven types of
mouth openers and gags are required on
board. Current regulations state the
canine mouth gags, an option for this
gear requirement, must have the ends
covered with clear vinyl tubing, friction
tape, or similar, to pad the surface.
However, SEFSC determined that this
was not necessary and could result in
the canine mouth gags not functioning
properly. Amendment 49 would remove
the requirement to cover the ends of the
canine mouth gags with these materials
from the regulations.
Lastly, a life-saving device on a
vessel, such as a personal flotation
device or life ring buoy, may currently
be used as the required cushion or
support device for a sea turtle brought
on board a vessel to remove fishing gear.
However, Amendment 49 would add
language to clarify that any life-saving
device used to fulfill the sea turtle safe
handling requirements cannot also be
used to meet U.S. Coast Guard safety
requirements of one flotation device per
person on board the vessel.
FMP Framework Procedure
Currently, adding or changing careful
release devices and protocols for
incidentally caught sea turtles and other
protected species requires an
amendment to the FMP. This limits the
Council and NMFS’ ability to
implement new release devices and
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handling requirements in a timely
manner. Amending the FMP through the
FMP amendment rulemaking process
generally involves more detailed
analyses and a lengthier timeline prior
to implementation than rulemaking
done through a framework procedure.
However, the FMP contains a
framework procedure to allow the
Council to modify certain management
measures via an expedited process (see
50 CFR 622.42). The FMP framework
procedure was last modified by the final
rule implementing Amendment 38 to
the FMP (78 FR 6218, January 30, 2013).
Amendment 49 would allow changes
to the sea turtle release gear and
handling techniques under the
framework procedure. For example, the
Council could more quickly add a new
release device for sea turtles if approved
by the SEFSC. The Council decided that
making these changes through an
expedited process may have beneficial
biological and socio-economic impacts,
especially if the changes respond to
newer information. The Council
concluded that the framework
procedure would still allow adequate
time for the public to comment on any
future proposed regulatory changes.
Proposed Rule for Amendment 49
A proposed rule that would
implement Amendment 49 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMP, the Magnuson-Stevens Act,
and other applicable laws. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The Council has submitted
Amendment 49 for Secretarial review,
approval, and implementation.
Comments on Amendment 49 must be
received by December 3, 2018.
Comments received during the
respective comment periods, whether
specifically directed to Amendment 49
or the proposed rule will be considered
by NMFS in the decision to approve,
disapprove, or partially approve
Amendment 49. Comments received
after the comment periods will not be
considered by NMFS in this decision.
All comments received by NMFS on the
amendment or the proposed rule during
their respective comment periods will
be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules
Dated: October 1, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–21635 Filed 10–3–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180807736–8736–01]
RIN 0648–BI41
Fisheries of the Northeastern United
States; Framework Adjustment 12 to
the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to approve
and implement measures included in
Framework Adjustment 12 to the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan that would
allow the possession of Atlantic
mackerel after 100 percent of the
domestic annual harvest is projected to
be caught. This action proposes to allow
the possession of 5,000 lb of Atlantic
mackerel after 100 percent of the
domestic annual harvest is caught
instead of prohibiting the possession of
Atlantic mackerel for the rest of the
year. This action is necessary to prevent
unintended consequences and negative
economic impacts to other fisheries. The
intended effect of this rule is to notify
the public of this proposed measure and
to solicit comment on the proposed
change.
DATES: Public comments must be
received by October 19, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0099, 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-20180099, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
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SUMMARY:
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Mark the outside of the envelope,
‘‘Comments on Mackerel Framework
12.’’
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
Microsoft Word, Excel, or Adobe PDF
formats only.
The Mid-Atlantic Fishery
Management Council prepared a draft
supplemental environmental assessment
for the Framework 12 that describes the
proposed action and other alternatives
considered and provides a thorough
analysis of the impacts of the proposed
action and alternatives considered.
Copies of the Framework 12 including
the draft SEA and the preliminary
Regulatory Impact Review, analysis are
available from: Christopher Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 State Street, Dover, DE 19901. The
SEA/RIR is accessible via the internet at
https://www.greateratlantic.fisheries.
noaa.gov/ or https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Alyson Pitts, Fishery Management
Specialist, (978) 281–9352,
Alyson.Pitts@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
When the Atlantic mackerel fishery
starts each year, the various mackerel
permit categories start with different
trip limits. Tier 1 limited access permit
holders have an unlimited trip limit,
Tier 2 limited access permit holders
have a 135,000-lb (61,235-kg) trip limit,
and Tier 3 limited access permit holders
have a 100,000-lb (45,359-kg) trip limit.
The open access incidental permit has
a 20,000-lb (9,072-kg) trip limit. When
the fishery reaches 95 percent of the
domestic annual harvest (DAH), all
permits have 20,000-lb (9,072-kg) trip
limits. When the fishery reaches 100
percent of the DAH, no mackerel
possession is allowed by vessels with
Federal mackerel permits.
The mackerel fishery also operates
under a river herring and shad (RH/S)
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50059
catch cap, which closes the directed
mackerel fishery and implements a
20,000-lb (9,072-kg) trip limit for all
permits once the catch cap, currently 82
mt of RH/S, has been projected to be
caught in the directed mackerel fishery.
In 2018, the RH/S cap closed the
mackerel fishery effective February 27,
2018 (83 FR 8635), at which point
approximately 88 percent of the
mackerel DAH had been harvested.
Despite the early mackerel closure due
to the RH/S cap, fishery participants,
including small-scale mackerel jig
fishermen and larger, directed herring
fishermen, whose respective fisheries
occur late in the year, raised concern to
the Council that if mackerel catch
reaches 100 percent of its quota and
possession goes to zero pounds, they
will be negatively impacted. Projections
indicate a full closure could occur upon
reaching 100 percent of the DAH at
some point in November or December of
2018, depending on the pace of
mackerel landings.
There is a management uncertainty
buffer for the mackerel fishery, currently
10 percent of the commercial allocation
that is primarily designed to account for
the difficulty in closing a high volume
fishery, such as mackerel. Where the
RH/S cap has already effectively closed
the high-volume part of the fishery, the
buffer is unlikely to be utilized in its
original intent this year. Projections
from Council staff suggest that if the
fishery does not go to a zero possession
limit at 100 percent of the DAH but
rather a 5,000-lb (2,268-kg) trip limit,
then only an additional 384,000-lb
(174,180-kg) would be landed, which is
a small part (17 percent) of this year’s
management uncertainty buffer.
The Atlantic mackerel stock was
recently declared overfished, with
overfishing occurring in 2016. The
Council is preparing a rebuilding plan
via a separate action that is on track to
be effective in 2019. The projections
from the assessment for that action
indicate that the stock can be rebuilt in
3-, 5-, or 7-year timelines even if the full
management uncertainty buffer is
caught this year. The rebuilding plan
projections assume that the full
management uncertainty buffer will be
caught in 2018.
Under the proposed change to
possession limits when the DAH is
harvested, at its June 2018 meeting, the
Council recommended to change the
trip limit once 100 percent of the DAH
is landed, from zero pounds to 5,000 lb
(2,268 kg) through Framework 12. The
New England Fishery Management
Council also discussed the issue in June
2018 and expressed support for an
action that would avoid the full
E:\FR\FM\04OCP1.SGM
04OCP1
]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50056-50059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21635]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BH92
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle
Release Gear; Amendment 49
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has
[[Page 50057]]
submitted Amendment 49 to the Fishery Management Plan (FMP) for the
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 49) for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 49 would add three new devices as
options for fishermen to meet requirements for sea turtle release gear,
and would simplify and clarify the requirements for other sea turtle
release gear. The new devices would provide additional options to
fulfill existing requirements for carrying sea turtle release gear on
board vessels with Federal Gulf commercial or charter vessel/headboat
reef fish permits. Amendment 49 would also modify the FMP framework
procedure to allow for future changes to release gear and handling
requirements for sea turtles and other protected resources. The purpose
of Amendment 49 is to allow the use of new devices to safely handle and
release incidentally captured sea turtles, clarify existing
requirements, and streamline the process for making changes to the
release devices and handling procedures for sea turtles and other
protected species.
DATES: Written comments on Amendment 49 must be received by December 3,
2018.
ADDRESSES: You may submit comments on Amendment 49 identified by
``NOAA-NMFS-2018-0087'' by either 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-2018-0087, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Susan Gerhart, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 49 may be obtained
www.regulations.gov or from the Southeast Regional Office website at
https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/. Amendment 49 includes an environmental
assessment, a fishery impact statement, a regulatory impact review, and
a Regulatory Flexibility Act analysis.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional
Office, telephone: 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to NMFS
for review and approval, partial approval, or disapproval. The
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
The FMP being revised by Amendment 49 was prepared by the Council,
and Amendment 49, if approved, would be implemented by NMFS through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.
Background
The Endangered Species Act (ESA) directs all Federal agencies to
insure that any action they authorize, fund, or carry-out does not
jeopardize the continued existence of endangered or threatened species,
or destroy or adversely modify designated critical habitat. The ESA
requires that any Federal agency proposing an action that may adversely
affect ESA-listed species or critical habitat formally consult with the
U.S. Fish and Wildlife Service or NMFS (i.e., consulting agencies).
In February 2005, NMFS issued a biological opinion (2005 BiOp), in
accordance with section 7 of the ESA, that evaluated the impact of the
Gulf reef fish fishery on endangered sea turtles and smalltooth
sawfish. The 2005 BiOp concluded that the anticipated incidental take
of sea turtles and smalltooth sawfish by the Gulf reef fish fishery was
not likely to jeopardize their continued existence, or destroy or
adversely modify designated critical habitat; however, the 2005 BiOp
required that reasonable and prudent measures be taken to minimize
stress and increase the survival rates of any sea turtles and
smalltooth sawfish taken in the fishery.
In response to the 2005 BiOp, the Council developed measures in
Amendment 18A to the FMP to increase the likelihood of survival of
released sea turtles and smalltooth sawfish caught incidentally in the
Gulf reef fish fishery. The final rule implementing Amendment 18A
required vessels with Federal commercial or charter vessel/headboat
permits for Gulf reef fish to possess a specific set of release gear,
and comply with sea turtle and smalltooth sawfish handling and release
protocols and guidelines (71 FR 45428, August 9, 2006). Fishermen on
these same federally permitted vessels are also required to maintain a
reference copy of the NMFS sea turtle handling and release protocols
document titled, ``Careful Release Protocols for Sea Turtle Release
with Minimal Injury'' (Release Protocols), in the event a sea turtle is
incidentally captured. These Gulf reef fish permit holders are also
required to post a NMFS placard of sea turtle handling and release
guidelines inside the wheelhouse, or in an easily viewable area on the
vessel if there is no wheelhouse.
Since implementation of Amendment 18A in 2006, the Release
Protocols have been revised twice, once in 2008, and again in 2010.
Currently, NMFS is drafting a revision to the Release Protocols and
would include the recently approved sea turtle release devices if NMFS
implements Amendment 49. However, fishermen participating in the reef
fish fishery cannot use these devices to meet sea turtle release gear
requirements until they are implemented via regulations.
Actions Contained in Amendment 49
Amendment 49 would add three new sea turtle handling and release
devices, clarify the requirements for other currently required gear,
and modify the FMP framework procedure to include future changes to
release gear and handling requirements for sea turtles and other
protected resources. NMFS and the Council are proposing these changes
to provide additional flexibility to fishermen in complying with sea
turtle release gear requirements, to aid fishermen and law enforcement
with compliance and enforcement efforts by clarifying existing
requirements, and to allow for more rapid implementation of regulatory
changes to release gear and handling requirements.
New Sea Turtle Release Gear
The final rule for Amendment 18A established the requirement for
sea turtle release gear to be carried on board vessels with Federal
commercial and charter vessel/headboat reef fish permits, and specified
the devices allowed to meet this requirement.
[[Page 50058]]
Amendment 49 would add three new sea turtle release and handling
devices that have been approved for use by the NMFS Southeast Fisheries
Science Center (SEFSC), providing more options for fishermen to fulfill
the sea turtle gear requirements. Details of the construction
requirements for these new devices can be found in Amendment 49, and
would be included in the new Release Protocols, if subsequently
approved by NMFS. NMFS expects the proposed new release devices would
increase flexibility for fishermen and regulatory compliance within the
fishery, which may result in positive benefits to sea turtles.
Two of the new sea turtle handling devices are a collapsible hoop
net and a sea turtle hoist (net). Both of these devices are more
compact versions of the currently required long-handled dip net, and
would be used for bringing an incidentally captured sea turtle on board
the fishing vessel to remove fishing gear from the sea turtle. For the
collapsible hoop net, the net portion is attached to hoops made of
flexible stainless steel cable; when the collapsible hoop net is folded
over on itself for storage, its size reduces to about half of its
original diameter. Additionally, there are two versions of the sea
turtle hoist. One version consists of the net portion securely fastened
to a frame, providing a relatively taut platform for the sea turtle to
be brought on board. Another version creates a basket with the frame
and net that holds the sea turtle as it is brought on board. Both the
collapsible hoop net and the sea turtle hoist use rope handles attached
to either side of the frame, in place of the rigid handle on the dip
net. Generally, the collapsible hoop net or hoist would be used to
bring sea turtles on board vessels with a high freeboard when it is not
feasible to use a dip net.
The third new device is a dehooker that can be used to remove an
externally embedded hook from a sea turtle. This device has a squeeze
handle that secures the hook into notches at the end of the shaft of
the dehooker, so the hook can be twisted out. This new device would
provide another option for fishermen to comply with the regulation for
a short-handled dehooker for external hooks.
Requirements for Existing Sea Turtle Release Gear
Amendment 49 also would also update the requirements of some
currently approved devices for clarity and simplicity, and to aid
fishermen and law enforcement with compliance and enforcement efforts.
These updates would include more specific measurements for sea turtle
release gear. The revisions would provide for either a minimum size
dimension or a size range for the short-handled dehookers for external
and internal hooks, bite block on the short-handled internal use
dehooker, long-nose or needle-nose pliers, bolt cutters, and the block
of hard wood and hank of rope when used as mouth openers and gags.
Other proposed changes are listed below.
Current regulations specify that short and long-handled dehookers
must be constructed of 316L stainless steel, which is resistant to
corrosion from salt water. The SEFSC has also approved 304L stainless
steel for the construction of all short-handled and long-handled
dehookers. This proposed additional grade of stainless steel is
commonly available and is also corrosion resistant.
Another required device to assist with removing fishing gear from a
sea turtle is a pair of monofilament line cutters. Current regulations
state that the monofilament line cutters must have cutting blades of 1-
inch (2.54 cm) in length (Appendix F to 50 CFR part 622). However,
SEFSC has clarified that the blade length must be a minimum of 1 inch
(2.54 cm) but could be longer.
Another required gear type is mouth openers and gags, used to hold
a sea turtle's mouth open to remove fishing gear. At least two of the
seven types of mouth openers and gags are required on board. Current
regulations state the canine mouth gags, an option for this gear
requirement, must have the ends covered with clear vinyl tubing,
friction tape, or similar, to pad the surface. However, SEFSC
determined that this was not necessary and could result in the canine
mouth gags not functioning properly. Amendment 49 would remove the
requirement to cover the ends of the canine mouth gags with these
materials from the regulations.
Lastly, a life-saving device on a vessel, such as a personal
flotation device or life ring buoy, may currently be used as the
required cushion or support device for a sea turtle brought on board a
vessel to remove fishing gear. However, Amendment 49 would add language
to clarify that any life-saving device used to fulfill the sea turtle
safe handling requirements cannot also be used to meet U.S. Coast Guard
safety requirements of one flotation device per person on board the
vessel.
FMP Framework Procedure
Currently, adding or changing careful release devices and protocols
for incidentally caught sea turtles and other protected species
requires an amendment to the FMP. This limits the Council and NMFS'
ability to implement new release devices and handling requirements in a
timely manner. Amending the FMP through the FMP amendment rulemaking
process generally involves more detailed analyses and a lengthier
timeline prior to implementation than rulemaking done through a
framework procedure. However, the FMP contains a framework procedure to
allow the Council to modify certain management measures via an
expedited process (see 50 CFR 622.42). The FMP framework procedure was
last modified by the final rule implementing Amendment 38 to the FMP
(78 FR 6218, January 30, 2013).
Amendment 49 would allow changes to the sea turtle release gear and
handling techniques under the framework procedure. For example, the
Council could more quickly add a new release device for sea turtles if
approved by the SEFSC. The Council decided that making these changes
through an expedited process may have beneficial biological and socio-
economic impacts, especially if the changes respond to newer
information. The Council concluded that the framework procedure would
still allow adequate time for the public to comment on any future
proposed regulatory changes.
Proposed Rule for Amendment 49
A proposed rule that would implement Amendment 49 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council has submitted Amendment 49 for Secretarial review,
approval, and implementation. Comments on Amendment 49 must be received
by December 3, 2018. Comments received during the respective comment
periods, whether specifically directed to Amendment 49 or the proposed
rule will be considered by NMFS in the decision to approve, disapprove,
or partially approve Amendment 49. Comments received after the comment
periods will not be considered by NMFS in this decision. All comments
received by NMFS on the amendment or the proposed rule during their
respective comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
[[Page 50059]]
Dated: October 1, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-21635 Filed 10-3-18; 8:45 am]
BILLING CODE 3510-22-P
