Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 42, 27576-27578 [2019-12513]
Download as PDF
27576
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Proposed Rules
303(r), 403, and 405, this Notice of
Proposed Rulemaking is adopted.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison.
[FR Doc. 2019–12162 Filed 6–12–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BI98
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 42
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
AGENCY:
The South Atlantic Fishery
Management Council (South Atlantic
Council) has submitted Amendment 42
to the Fishery Management Plan (FMP)
for the Snapper-Grouper Fishery of the
South Atlantic Region for review,
approval, and implementation by
NMFS. If approved by the Secretary of
Commerce, Amendment 42 would add
three new devices as options for
fishermen with Federal commercial or
charter vessel/headboat permits for
South Atlantic snapper-grouper to meet
existing requirements for sea turtle
release gear, and would simplify and
clarify the requirements for other sea
turtle release gear. Amendment 42
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
42 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 42 must be received by
August 12, 2019.
ADDRESSES: You may submit comments
on Amendment 42 identified by
‘‘NOAA–NMFS–2019–0047’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
khammond on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:22 Jun 12, 2019
Jkt 247001
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190047, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Frank Helies, 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 42
may be obtained from
www.regulations.gov or from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-42-modifications-sea-turtlerelease-gear-and-framework-proceduresnapper-grouper. Amendment 42
includes a fishery impact statement, a
regulatory impact review, and a
Regulatory Flexibility Act (RFA)
analysis.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305; email:
frank.helies@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 Council prepared the FMP being
revised by Amendment 42, and if
approved, Amendment 42 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 ensure
that any action they authorize, fund, or
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
carry-out is not likely to jeopardize the
continued existence of endangered or
threatened species, or destroy or
adversely modify designated critical
habitat. In June 2006, NMFS issued a
biological opinion (2006 BiOp), in
accordance with section 7 of the ESA,
that evaluated the impact of the South
Atlantic snapper-grouper fishery on
ESA-listed sea turtles and smalltooth
sawfish. The 2006 BiOp concluded that
the anticipated incidental take of sea
turtles and smalltooth sawfish by the
South Atlantic snapper-grouper fishery
is not likely to jeopardize their
continued existence, or destroy or
adversely modify designated critical
habitat. However, the 2006 BiOp
required that within the fishery
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 2006 BiOp, the
South Atlantic Council developed
measures in Amendment 15B to the
FMP (Amendment 15B) to increase the
likelihood of survival of released sea
turtles and smalltooth sawfish caught
incidentally in the South Atlantic
snapper-grouper fishery. The final rule
for Amendment 15B required fishermen
on vessels with Federal commercial or
charter vessel/headboat permits for
South Atlantic snapper-grouper to
possess a specific set of release gear, and
comply with sea turtle and smalltooth
sawfish handling and release protocols
and guidelines (74 FR 58902, November
16, 2009). The final rule also required
those fishermen 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
South Atlantic snapper-grouper permit
holders are also required to post a
NMFS placard of sea turtle handling
and release guidelines inside their
vessel wheelhouse, or in an easily
viewable area on the vessel if there is no
wheelhouse.
The required gear for safe sea turtle
handling and release was initially the
same gear as required for vessels using
pelagic longline gear for highly
migratory species. However, most effort
in the snapper-grouper fishery in the
South Atlantic occurs on smaller vessels
using lighter tackle than used when
longline fishing for pelagic species.
Subsequent to Amendment 15B,
Comprehensive Ecosystem-Based
Amendment 2 modified sea turtle
release gear requirements to allow
smaller vessels to have fewer gear
requirements than for pelagic longline
E:\FR\FM\13JNP1.SGM
13JNP1
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Proposed Rules
vessels based on the freeboard height of
the snapper-grouper fishing vessel (76
FR 82183, December 30, 2011).
Since implementation of Amendment
15B, the Release Protocols have been
revised twice, once in 2008, and again
in 2010. NMFS recently published a
2019 revision to the Release Protocols
that includes the sea turtle release
devices recently approved by the NMFS
Southeast Fisheries Science Center
(SEFSC). Fishermen participating in the
snapper-grouper fishery would be able
to use these new devices to meet sea
turtle release gear requirements if they
are implemented via regulations.
In 2018, the Gulf of Mexico Fishery
Management Council took final action
on similar management measures to
allow federally permitted fishermen in
the commercial and charter vessel/
headboat components of the reef fish
fishery to use the newly-approved
devices to meet requirements for sea
turtle release gear. The final rule for
Amendment 49 to the FMP for Reef Fish
Resources in the Gulf of Mexico (Gulf)
updated those fishery regulations to
incorporate the new devices, and
simplified and clarified the
requirements for other sea turtle release
gear (84 FR 22383, May 17, 2019). If
NMFS implements a proposed rule for
Amendment 42, regulations for release
gear and handling requirements for sea
turtles in the Gulf and South Atlantic
would be consistent, thereby benefiting
fishermen that fish in both areas.
khammond on DSKBBV9HB2PROD with PROPOSALS
Actions Contained in Amendment 42
Amendment 42 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.
New Sea Turtle Release Gear
For vessels with Federal commercial
and charter vessel/headboat permits for
South Atlantic snapper-grouper,
Amendment 42 would add three new
devices that have been approved for use
by SEFSC to safely handle and release
sea turtles, and provide more options for
fishermen to fulfill existing
requirements. Details for these new
devices can be found in Amendment 42
and the Release Protocols. NMFS
expects the proposed new release
devices would increase flexibility for
fishermen and regulatory compliance
within the snapper-grouper fishery,
which may result in positive benefits to
sea turtles.
Two of the new sea turtle handling
devices are a collapsible hoop net and
VerDate Sep<11>2014
16:22 Jun 12, 2019
Jkt 247001
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 regulations for a shorthandled dehooker for external hooks.
Requirements for Existing Sea Turtle
Release Gear
Amendment 42 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 to the gear
requirements follow.
Current regulations specify that shortand 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
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
27577
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 (2.5 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 (2.5 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 that
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 42 would remove
the requirement to cover the ends of the
canine mouth gags with these materials.
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
sea turtles brought aboard a vessel to
remove fishing gear. However,
Amendment 42 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.
Lastly, fishermen are currently
required to maintain a paper copy of the
Release Protocols on each vessel for
reference in the event a sea turtle is
incidentally captured. Amendment 42
would allow fishermen to use an
electronic copy of the document to
fulfill the requirement, as long as the
electronic document is readily available
for viewing and reference during a trip.
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
South Atlantic Council and NMFS’
ability to implement new release
devices and handling requirements in a
timely manner. The FMP amendment
and rulemaking process generally
involves more detailed analyses and a
lengthier timeline prior to
implementation than rulemaking done
through a framework procedure. The
FMP contains a framework procedure to
allow the South Atlantic Council to
E:\FR\FM\13JNP1.SGM
13JNP1
27578
Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Proposed Rules
khammond on DSKBBV9HB2PROD with PROPOSALS
modify certain management measures
via an expedited process (see 50 CFR
622.194). The FMP framework
procedure was last modified by the final
rule implementing Amendment 27 to
the FMP (78 FR 78770, December 27,
2013).
Amendment 42 would allow changes
to the sea turtle release gear and
handling techniques under the
framework procedure. For example, the
South Atlantic Council could more
quickly add a new release device for sea
turtles if approved by the SEFSC. The
South Atlantic Council decided that
making these changes through an
expedited process may have beneficial
biological and socio-economic impacts.
The South Atlantic Council concluded
that the revised framework procedure
would still allow adequate opportunity
VerDate Sep<11>2014
16:22 Jun 12, 2019
Jkt 247001
for the public to comment on any future
proposed regulatory changes.
Proposed Rule for Amendment 42
A proposed rule that would
implement Amendment 42 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 42 for Secretarial review,
approval, and implementation.
Comments on Amendment 42 must be
PO 00000
Frm 00036
Fmt 4702
Sfmt 9990
received by August 12, 2019. Comments
received during the respective comment
periods, whether specifically directed to
Amendment 42 or the proposed rule,
will be considered by NMFS in the
decision to approve, disapprove, or
partially approve Amendment 42.
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.
Dated: June 10, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–12513 Filed 6–12–19; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\13JNP1.SGM
13JNP1
Agencies
[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Proposed Rules]
[Pages 27576-27578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12513]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BI98
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 42
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) has submitted Amendment 42 to the Fishery Management Plan
(FMP) for the Snapper-Grouper Fishery of the South Atlantic Region for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 42 would add three new devices as
options for fishermen with Federal commercial or charter vessel/
headboat permits for South Atlantic snapper-grouper to meet existing
requirements for sea turtle release gear, and would simplify and
clarify the requirements for other sea turtle release gear. Amendment
42 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 42 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 42 must be received by August 12,
2019.
ADDRESSES: You may submit comments on Amendment 42 identified by
``NOAA-NMFS-2019-0047'' 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-2019-0047, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Frank Helies, 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 42 may be obtained from
www.regulations.gov or from the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/amendment-42-modifications-sea-turtle-release-gear-and-framework-procedure-snapper-grouper. Amendment
42 includes a fishery impact statement, a regulatory impact review, and
a Regulatory Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 Council prepared the FMP being revised by Amendment 42, and if
approved, Amendment 42 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
ensure that any action they authorize, fund, or carry-out is not likely
to jeopardize the continued existence of endangered or threatened
species, or destroy or adversely modify designated critical habitat. In
June 2006, NMFS issued a biological opinion (2006 BiOp), in accordance
with section 7 of the ESA, that evaluated the impact of the South
Atlantic snapper-grouper fishery on ESA-listed sea turtles and
smalltooth sawfish. The 2006 BiOp concluded that the anticipated
incidental take of sea turtles and smalltooth sawfish by the South
Atlantic snapper-grouper fishery is not likely to jeopardize their
continued existence, or destroy or adversely modify designated critical
habitat. However, the 2006 BiOp required that within the fishery
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 2006 BiOp, the South Atlantic Council developed
measures in Amendment 15B to the FMP (Amendment 15B) to increase the
likelihood of survival of released sea turtles and smalltooth sawfish
caught incidentally in the South Atlantic snapper-grouper fishery. The
final rule for Amendment 15B required fishermen on vessels with Federal
commercial or charter vessel/headboat permits for South Atlantic
snapper-grouper to possess a specific set of release gear, and comply
with sea turtle and smalltooth sawfish handling and release protocols
and guidelines (74 FR 58902, November 16, 2009). The final rule also
required those fishermen 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
South Atlantic snapper-grouper permit holders are also required to post
a NMFS placard of sea turtle handling and release guidelines inside
their vessel wheelhouse, or in an easily viewable area on the vessel if
there is no wheelhouse.
The required gear for safe sea turtle handling and release was
initially the same gear as required for vessels using pelagic longline
gear for highly migratory species. However, most effort in the snapper-
grouper fishery in the South Atlantic occurs on smaller vessels using
lighter tackle than used when longline fishing for pelagic species.
Subsequent to Amendment 15B, Comprehensive Ecosystem-Based Amendment 2
modified sea turtle release gear requirements to allow smaller vessels
to have fewer gear requirements than for pelagic longline
[[Page 27577]]
vessels based on the freeboard height of the snapper-grouper fishing
vessel (76 FR 82183, December 30, 2011).
Since implementation of Amendment 15B, the Release Protocols have
been revised twice, once in 2008, and again in 2010. NMFS recently
published a 2019 revision to the Release Protocols that includes the
sea turtle release devices recently approved by the NMFS Southeast
Fisheries Science Center (SEFSC). Fishermen participating in the
snapper-grouper fishery would be able to use these new devices to meet
sea turtle release gear requirements if they are implemented via
regulations.
In 2018, the Gulf of Mexico Fishery Management Council took final
action on similar management measures to allow federally permitted
fishermen in the commercial and charter vessel/headboat components of
the reef fish fishery to use the newly-approved devices to meet
requirements for sea turtle release gear. The final rule for Amendment
49 to the FMP for Reef Fish Resources in the Gulf of Mexico (Gulf)
updated those fishery regulations to incorporate the new devices, and
simplified and clarified the requirements for other sea turtle release
gear (84 FR 22383, May 17, 2019). If NMFS implements a proposed rule
for Amendment 42, regulations for release gear and handling
requirements for sea turtles in the Gulf and South Atlantic would be
consistent, thereby benefiting fishermen that fish in both areas.
Actions Contained in Amendment 42
Amendment 42 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.
New Sea Turtle Release Gear
For vessels with Federal commercial and charter vessel/headboat
permits for South Atlantic snapper-grouper, Amendment 42 would add
three new devices that have been approved for use by SEFSC to safely
handle and release sea turtles, and provide more options for fishermen
to fulfill existing requirements. Details for these new devices can be
found in Amendment 42 and the Release Protocols. NMFS expects the
proposed new release devices would increase flexibility for fishermen
and regulatory compliance within the snapper-grouper 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 regulations for
a short-handled dehooker for external hooks.
Requirements for Existing Sea Turtle Release Gear
Amendment 42 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 to the gear requirements follow.
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 (2.5 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 (2.5
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 that 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 42 would remove the
requirement to cover the ends of the canine mouth gags with these
materials.
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 sea turtles brought aboard a vessel to remove
fishing gear. However, Amendment 42 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.
Lastly, fishermen are currently required to maintain a paper copy
of the Release Protocols on each vessel for reference in the event a
sea turtle is incidentally captured. Amendment 42 would allow fishermen
to use an electronic copy of the document to fulfill the requirement,
as long as the electronic document is readily available for viewing and
reference during a trip.
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 South Atlantic
Council and NMFS' ability to implement new release devices and handling
requirements in a timely manner. The FMP amendment and rulemaking
process generally involves more detailed analyses and a lengthier
timeline prior to implementation than rulemaking done through a
framework procedure. The FMP contains a framework procedure to allow
the South Atlantic Council to
[[Page 27578]]
modify certain management measures via an expedited process (see 50 CFR
622.194). The FMP framework procedure was last modified by the final
rule implementing Amendment 27 to the FMP (78 FR 78770, December 27,
2013).
Amendment 42 would allow changes to the sea turtle release gear and
handling techniques under the framework procedure. For example, the
South Atlantic Council could more quickly add a new release device for
sea turtles if approved by the SEFSC. The South Atlantic Council
decided that making these changes through an expedited process may have
beneficial biological and socio-economic impacts. The South Atlantic
Council concluded that the revised framework procedure would still
allow adequate opportunity for the public to comment on any future
proposed regulatory changes.
Proposed Rule for Amendment 42
A proposed rule that would implement Amendment 42 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 42 for Secretarial review,
approval, and implementation. Comments on Amendment 42 must be received
by August 12, 2019. Comments received during the respective comment
periods, whether specifically directed to Amendment 42 or the proposed
rule, will be considered by NMFS in the decision to approve,
disapprove, or partially approve Amendment 42. 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.
Dated: June 10, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-12513 Filed 6-12-19; 8:45 am]
BILLING CODE 3510-22-P