[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]
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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.
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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 http://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]
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