[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69230-69237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28924]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110831547-1639-01]
RIN 0648-BB26


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Ecosystem-Based Amendment 2 for the South Atlantic Region

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to implement the Comprehensive Ecosystem-Based 
Amendment 2 (CE-BA 2) to implement the following South Atlantic fishery 
management plan (FMP) amendments: Amendment 1 to the FMP for Pelagic 
Sargassum Habitat of the South Atlantic Region (Sargassum FMP); 
Amendment 7 to the FMP for Coral, Coral reefs, and Live/Hard Bottom 
Habitats of the South Atlantic Region (Coral FMP); and Amendment 25 to 
the FMP for the Snapper-Grouper Fishery of the South Atlantic Region 
(Snapper-Grouper FMP), as prepared and submitted by the South Atlantic 
Fishery Management Council (Council); as well as Amendment 21 to the 
FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP) as prepared 
and submitted by the South Atlantic and Gulf of Mexico Fishery 
Management Councils. If implemented, this rule would modify the fishery 
management unit for octocorals in the South Atlantic exclusive economic 
zone (EEZ), establish an annual catch limit (ACL) for octocorals, 
modify management in special management zones (SMZs) off South 
Carolina, and modify sea turtle and small tooth sawfish release gear 
specifications in the South Atlantic region. Through CE-BA 2, NMFS also 
proposes to designate new Essential Fish Habitat (EFH) and EFH-Habitat 
Areas of Particular Concern (EFH-HAPCs) for the Snapper-Grouper, Coral 
and Sargassum FMPs. The intended effects of this rule are to specify an 
ACL for octocorals, implement management measures to ensure overfishing 
does not occur for these species but that optimum yield may be 
achieved, and to conserve and protect habitat in the South Atlantic 
region.

DATES: Written comments on this proposed rule must be received no later 
than 5 p.m., Eastern time, on November 25, 2011.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2011-0219, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Karla Gore, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0219'' in the keyword search and click on ``search.'' To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0219'' in the keyword search and click on ``search.'' NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Comments received through means not specified in this rule will not 
be accepted.
    Electronic copies of CE-BA 2, which includes an environmental 
assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Act Analysis (IRFA), and a Fishery Impact Statement may be obtained 
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/CE-BAAmendment2.htm.

FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, 
NMFS, telephone: (727) 824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The fisheries for CMP species; coral, coral 
reefs, and live/hard bottom habitats; pelagic Sargassum; and snapper-
grouper off the southern Atlantic states are managed under their 
respective FMPs. The FMPs were prepared by the Council(s) and are 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management

[[Page 69231]]

Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.

Background

    The 2006 revisions to the Magnuson-Stevens Act require that in 
2011, FMPs for the fisheries determined by the Secretary of Commerce to 
not be subject to overfishing must establish ACLs for these species at 
a level that prevents overfishing from occurring, and does not exceed 
the fishing level recommendation of the respective Council's Scientific 
and Statistical Committee or other established peer review processes.
    An ACL is the level of annual catch of a stock or stock complex 
that is set to prevent overfishing from occurring. Accountability 
measures (AMs) are used to ensure an ACL is not exceeded, and are used 
when the ACL is met or exceeded. ACLs may incorporate management and 
scientific uncertainty, and take into account the amount of data 
available and level of vulnerability to overfishing for each species.

Management Measures Contained in This Proposed Rule

    If implemented, this rule would modify the fishery management unit 
for octocorals in the South Atlantic EEZ, establish an ACL of zero for 
the remaining octocorals, limit harvest of snapper-grouper species and 
CMP resources in the SMZs off South Carolina to the bag limit, and 
modify sea turtle and small tooth sawfish release gear specifications 
based on freeboard height of commercial South Atlantic snapper-grouper 
vessels. CE-BA 2 also proposes to designate new EFH and EFH-HAPCs to 
include the deepwater Marine Protected Areas (MPAs) for snapper-grouper 
species, designate Deepwater Coral HAPCs as EFH-HAPCs, and designate 
the top 33 ft (10 m) of the water column in the South Atlantic EEZ 
bounded by the Gulfstream as EFH for pelagic Sargassum.

Octocoral Fishery Management Unit

    This rule would modify the fishery management unit (FMU) for 
octocorals under the Coral FMP to include octocorals in the EEZ off 
North Carolina, South Carolina, and Georgia only. Federal management of 
octocorals in the EEZ off Florida would no longer be included under the 
Coral FMP. No entities have a valid Federal permit which is required to 
harvest octocorals in Federal waters, and the Council determined that 
Federal conservation and management of octocorals in the EEZ off 
Florida is no longer necessary. Florida's Fish and Wildlife 
Conservation Commission (FWC) is currently responsible for the majority 
of the management, implementation, and enforcement of the octocorals 
fishery, because the majority of octocoral harvest occurs in Florida 
state waters by Florida registered vessels. If this rule is 
implemented, Florida and the FWC would have the authority to extend 
management of octocorals into Federal waters. The Gulf Council has 
developed the Generic Annual Catch Limits/Accountability Measures 
Amendment (Generic ACL Amendment) which includes an action to remove 
octocorals from the FMP for Coral and Coral Reefs of the Gulf of 
Mexico. The availability of the Generic ACL Amendment was announced in 
the Federal Register on September 26, 2011 (76 FR 59373). Florida and 
the FWC have indicated their intent to extend their management over 
harvest of octocorals by Florida registered vessels throughout the 
entire EEZ off Florida if both the CE-BA2 and Gulf Generic ACL 
Amendment actions are approved.

Octocoral ACL and Prohibited Corals

    This rule would specify an ACL of zero for the octocorals remaining 
in the FMU off Georgia, South Carolina, and North Carolina. Current 
regulations include a 50,000 colony quota for octocorals in the Gulf of 
Mexico (Gulf) and South Atlantic region and a prohibition to harvest 
octocorals in the EEZ north of Florida. Additionally, the Coral FMP 
prohibits harvest of coral reefs, and, specifically, stony corals, 
black corals, fire coral, hydrocorals and two species of seafans in the 
South Atlantic EEZ, and therefore these species have a functional ACL 
of zero. Additionally, the harvest prohibition serves as a functional 
AM to manage the ACL.

SMZ Management off South Carolina

    This rule would limit the harvest and possession of South Atlantic 
snapper-grouper species and CMP species in the SMZs off South Carolina 
to the recreational bag limit. Current regulations prohibit taking 
snapper-grouper in the SMZs off South Carolina with a powerhead, and 
this rule would also prohibit fishermen from harvesting commercial 
quantities of snapper-grouper and CMP species in these SMZs. This 
action responds to concerns from the recreational sector about the 
potential for commercial exploitation of these species in the SMZs off 
of South Carolina. Modifying management of the SMZs to restrict 
commercial fishing effort to the bag limit for snapper-grouper and CMP 
species would eliminate harvest of commercial quantities of snapper-
grouper and CMP species and would ensure the original intent of the 
SMZs is realized.

Sea Turtle and Smalltooth Sawfish Release Gear Requirements

    This rule would modify the sea turtle and smalltooth sawfish 
release gear requirements. Fishermen have expressed concern that the 
current sea turtle handling and release gear requirements are intended 
for larger longline vessels using heavy tackle and are ineffective and 
unwieldy for smaller snapper-grouper hook-and-vessels. This action 
would modify the requirements based on freeboard height of the vessels. 
Fishermen would still be required to post and comply with the release 
guidelines outlined in the NMFS document entitled, ``Careful Release 
Protocols for Sea Turtle Release with Minimal Injury,'' however, the 
specifications of the release gear would be modified as follows: 
Vessels with a freeboard height of 4 ft (1.2 m) or less would be 
required to carry and use a short-handled dehooker for ingested and 
external hooks; long-nose or needle-nose pliers; bolt-cutters; 
monofilament line cutters; cushion/support device; a dipnet; and at 
least two types of mouth openers/mouth gags. Vessels with a freeboard 
height of greater than 4 ft (1.2 m), or any vessel using longline gear, 
would be required to carry and use a long-handled line cutter; a long-
handled dehooker for ingested and external hooks; a short-handled 
dehooker for ingested and external hooks; a long-handled device to pull 
an ``inverted V''; long-nose or needle-nose pliers; bolt-cutters; 
monofilament line cutters; cushion/support device; a dipnet; and at 
least two types of mouth openers/mouth gags. This equipment would need 
to meet the specifications described in proposed Appendix E to 50 CFR 
part 622 (which can be found at the end of this rule).

EFH and EFH-HAPCs

    CE-BA 2 also proposes amending South Atlantic FMPs as needed to 
designate new or modify existing EFH and EFH-HAPCs. CE-BA 2 would amend 
the Snapper-Grouper FMP to designate the deepwater MPAs as EFH-HAPCs. 
These deepwater MPAs were previously established under Amendment 14 to 
the South Atlantic Snapper-Grouper FMP and include the Snowy Grouper 
Wreck MPA, Northern South Carolina MPA, Edisto MPA, Charleston Deep 
Artificial Reef MPA, Georgia MPA, North Florida MPA, St. Lucie Hump 
MPA, and East Hump MPA. The Coral FMP would be amended to designate 
deep-water coral HAPCs (CHAPCs) as EFH-HAPCs.

[[Page 69232]]

These CHAPCs were established under the Comprehensive Ecosystem-Based 
Amendment 1 and include Cape Lookout Coral HAPC, Cape Fear Coral HAPC, 
Blake Ridge Diapir Coral HAPC, Stetson-Miami Terrace Coral HAPC, and 
Pourtal[eacute]s Terrace Coral HAPC. CE-BA2 would also designate EFH-
HAPCs for blueline and golden tilefish. To meet the Magnuson-Stevens 
Act requirement that all managed species have EFH designated, CE-BA 2 
would amend the Sargassum FMP to designate the top 33 ft (10m) of the 
water column in the South Atlantic EEZ bounded by the Gulfstream, as 
EFH for pelagic Sargassum. Identifying EFH for pelagic Sargassum would 
enable the Council to protect EFH more effectively and take timely 
action when necessary. Describing EFH for pelagic Sargassum is a step 
towards preventing decreases in biological productivity of pelagic 
Sargassum and other managed or prey species dependent on pelagic 
Sargassum. The addition of this information does not require any 
changes in regulatory language.

Availability of CE-BA 2

    Additional background and rationale for the measures discussed 
above are contained in CE-BA 2. The availability of CE-BA 2 was 
announced in the Federal Register on September 26, 2011 (76 FR 59371). 
Written comments on CE-BA 2 must be received by 5 p.m., eastern time, 
on November 25, 2011. All comments received during their respective 
comment periods will be addressed in the preamble to the final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this rule is 
consistent with CE-BA 2, other provisions of the Magnuson-Stevens Act, 
and other applicable law, subject to further consideration after public 
comment.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this rule. The IRFA describes the economic impact 
that this rule, if adopted, would have on small entities. A copy of the 
full analysis is available from NMFS (see ADDRESSES). A summary of the 
IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. The preamble of this rule provides a statement of the 
need for and objectives of this rule, and it is not repeated here.
    This proposed action would apply to commercial vessels that harvest 
octocorals in Federal waters, harvest snapper-grouper in Federal waters 
throughout the South Atlantic, or harvest snapper-grouper or CMP 
species in the SMZs off South Carolina. A Federal permit is required to 
harvest octocorals and snapper-grouper in Federal waters. There are two 
types of Federal commercial snapper-grouper permits, an unlimited 
permit, which is transferable and allows the harvest of unlimited 
quantities of snapper-grouper species, unless constrained by single 
species trip limits, and a limited permit, which is not transferable 
and limits vessels to 225 lb (102 kg) of snapper-grouper per trip. For 
the species included in the CMP fishery, a Federal permit is required 
to harvest commercial quantities of king mackerel and Spanish mackerel 
(separate permits for each species).
    No entities have a valid Federal permit required to harvest 
octocorals in Federal waters. On March 29, 2011, there were 598 non-
expired or renewable unlimited snapper-grouper commercial permits and 
138 limited snapper-grouper permits, or a total of 736 snapper-grouper 
commercial permits. Although unlimited permits are transferable, 
potentially resulting in more vessels operating in the fishery than the 
number of permits, the number of permits is assumed to represent the 
number of full-time equivalent vessels operating in the fishery. As a 
result, the number of permits is assumed equal to the number of vessels 
and the vessel is assumed to be the representative unit for an entity.
    Similar information is not available for permits associated with 
vessels with home ports in South Carolina. However, over the period 
2005-2009, the average annual number of vessels with home ports in 
South Carolina that possessed the appropriate Federal commercial permit 
was 38 vessels for king mackerel, 15 vessels for Spanish mackerel, and 
72 vessels for snapper-grouper (unlimited and limited permits 
combined). Additional vessels from other states may also harvest 
finfish in the SMZs off South Carolina and may be affected by the 
proposed action but, for the purpose of this analysis, the majority of 
vessels that fish in the SMZs off South Carolina are assumed to come 
from South Carolina ports.
    For the period 2005-2009, the total average annual ex-vessel 
revenues from all snapper-grouper harvests was approximately $13.8 
million (2009 dollars), or approximately $16,000 per vessel (averaged 
over 847 vessels, which was the average annual number of vessels with 
snapper-grouper permits over this period; if averaged over the current 
number of permits, 736, based on the assumption that average annual 
revenues have been maintained despite declining participation in the 
fishery, the average per vessel increases to approximately $19,000). 
These totals do not include revenues from other species harvested by 
these vessels, but snapper-grouper are assumed to be the primary 
species harvested by these vessels. Although more recent data are not 
available, over the period 2003-2007, snapper-grouper accounted for 
approximately 61 percent of total revenues by vessels with snapper-
grouper harvests. If this percentage is used to adjust the per-vessel 
averages of snapper-grouper revenues provided above to account for 
revenues from other species, the resultant averages increase to 
approximately $26,000 (847 vessels) and $31,000 (736 vessels).
    The average annual revenue for vessels that fish in the SMZs off 
South Carolina is unknown. However, for the period 2005-2009, the total 
average annual ex-vessel revenues from all snapper-grouper harvests 
landed in South Carolina was approximately $3.6 million (2009 dollars), 
or approximately $50,000 per vessel (averaged over 72 vessels). As with 
the information on snapper-grouper harvests for the entire South 
Atlantic, these totals do not include revenues from other species 
harvested by these vessels, but snapper-grouper are assumed to be the 
primary species harvested by these vessels. If the average revenue per 
vessel is adjusted to account for revenues from other species using the 
percentage used in the previous paragraph (61 percent), then the 
average ex-vessel revenue per vessel would increase to approximately 
$82,000.
    Similar information for South Carolina vessels harvesting CMP 
species is not available. However, for the entire South Atlantic, over 
approximately the same period (2004-2009; the king mackerel and Spanish 
mackerel fishing years do not follow the calendar year, so the data 
covered the fishing years 2004-2005 through 2008-2009, thereby 
encompassing part of 2004 and part of 2009), the total average annual 
ex-vessel revenues from all species for vessels harvesting king 
mackerel was approximately $23.3 million (2009 dollars), or 
approximately $32,000 per vessel. For vessels harvesting Spanish 
mackerel, the total average annual ex-vessel value was approximately 
$9.7 million (2009 dollars), or approximately $28,000 per vessel. 
Unlike in the

[[Page 69233]]

snapper-grouper fishery, in which snapper-grouper are the primary 
species harvested by fishermen who harvest snapper-grouper, fishermen 
who harvest king mackerel or Spanish mackerel derived, on average 
during the years examined, less than 20 percent of their total fishing 
revenues from king mackerel or Spanish mackerel.
    The Small Business Administration has established size criteria for 
all major industry sectors in the U.S. including fish harvesters. A 
business involved in fish harvesting is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates), and has combined annual 
receipts not in excess of $4.0 million (NAICS code 114111, finfish 
fishing) for all its affiliated operations worldwide. Based on the 
average revenue estimates provided above, all commercial vessels 
expected to be directly affected by this rule are determined for the 
purpose of this analysis to be small business entities.
    This rule would not establish any new reporting, record-keeping, or 
other compliance requirements.
    As previously discussed, this rule, if implemented, would apply to 
all vessels with Federal commercial snapper-grouper permits that fish 
anywhere in the South Atlantic, and all vessels with Federal snapper-
grouper, king mackerel, or Spanish mackerel permits that fish in the 
SMZs off South Carolina. Any expected direct effects of this rule on 
vessels with snapper-grouper permits that do not fish in the SMZs off 
South Carolina would be limited to the effects of the proposed 
regulation that would modify the protected species release gear 
requirements, which would maintain current requirements for vessels 
with more than 4 ft (1.2 m) freeboard height and lessen the 
requirements for vessels with freeboard height of 4 ft (1.2 m) or less, 
thereby effectively only changing the requirements for vessels with 
lower freeboard height. The number of vessels with Federal snapper-
grouper permits with freeboard height of 4 ft (1.2 m) or less is 
unknown. Nevertheless, this component of the rule would allow voluntary 
change, rather than mandate specific change, and no explicit burden 
would be imposed on any entity. As a result, because of the voluntary 
nature of the regulation, a substantial number of entities would not be 
expected to be affected by this component of the rule.
    This rule, if implemented, would be expected to primarily affect 
entities with the required Federal permit for snapper-grouper or CMP 
species that commercially fish in the SMZs off South Carolina. NMFS 
assumes the majority of such entities own vessels with home ports in 
South Carolina, though vessels with home ports in other states may also 
be affected if they fish in the SMZs off South Carolina. The number of 
potentially affected South Carolina vessels is estimated to be 38 
vessels with a king mackerel permit, 15 vessels with a Spanish mackerel 
permit, and 72 vessels with a snapper-grouper permit. Although these 
totals encompass all appropriately permitted vessels with home ports in 
South Carolina, these totals represent less than 3 percent of the 
vessels with home ports in the South Atlantic states (all of Florida, 
Georgia, South Carolina, and North Carolina) with king mackerel 
commercial permits, less than 1 percent of the vessels with Spanish 
mackerel commercial permits, and less than 9 percent of the vessels 
with snapper-grouper permits. The total number of king mackerel and 
Spanish mackerel vessels with home ports in Florida included vessels in 
both the Gulf and South Atlantic regions. Assuming half of the Florida 
king mackerel and Spanish mackerel vessels are from home ports in the 
Gulf region and are excluded from the total to produce a more 
representative South Atlantic total, the number of affected vessels 
still encompasses only approximately 4 percent of South Atlantic 
vessels with king mackerel permits and less than 2 percent of South 
Atlantic vessels with Spanish mackerel permits. The number of affected 
vessels would also decline if not all South Carolina snapper-grouper or 
CMP vessels fish in the SMZs, which NMFS expects to be the case because 
of congestion and the belief that the problem of the harvest of 
commercial quantities of fish in the SMZs is largely limited to vessels 
using spear gear (hand spear or spear guns), which is not the dominant 
gear used by vessels in the snapper-grouper fishery. As a result, only 
a small number of vessels in the appropriate fleets would be expected 
to be directly affected by this rule.
    Because no fishermen possess the required valid Federal permit 
needed to harvest octocorals in the EEZ and there are very few recorded 
octocoral harvests from the EEZ off Georgia, South Carolina, or North 
Carolina, the proposed regulations pertaining to octocoral would not be 
expected to have any economic affect on any small entities.
    It is not possible with available data to determine the amount or 
value of commercial harvests in excess of the recreational bag limits 
that would be affected by the rule. Neither the vessels that fish in 
the SMZs nor the amount or value of harvest taken from the SMZs can be 
identified. Further, affected vessels may be able to compensate for 
reduced harvest from the SMZs with harvest from other areas, though the 
harvest cost would be expected to increase. Because it is not possible 
to address these issues with available data, it is not possible to 
determine if the proposed regulation would be expected to significantly 
reduce profits for any small entities. Due to the inability to 
determine either the number of vessels that would be affected by this 
component of the rule, though the discussion above suggests the number 
of affected vessels may not be substantial, or the magnitude of 
expected effects, public comment is solicited on the potential number 
of affected entities and magnitude of economic effects.
    The proposed release gear requirements equate to status quo 
conditions for vessels in the snapper-grouper fishery with more than 4 
ft (1.2 m) of freeboard height and a lessening of the requirements for 
vessels with 4 ft (1.2 m) or less freeboard height. Because all vessels 
in the snapper-grouper fishery are assumed to meet current 
requirements, no vessel would be compelled to make any new gear 
purchases. Any change in gear costs would be voluntary, e.g., the 
replacement of current usable gear, or represent a cost reduction in 
the case of replacement of broken, worn out, or lost gear with cheaper 
gear meeting the specifications of the reduced requirements. As a 
result, the proposed release gear requirements would not be expected to 
significantly reduce profits for any small entities.
    As previously discussed, the only action in this rule that may be 
expected to have a significant direct adverse economic effect on the 
profits of any small entities is the proposed limitation on harvest of 
snapper-grouper and CMP species in the SMZs off South Carolina to the 
recreational bag limit. Two alternatives to the proposed limitation 
were considered. The first alternative, the no action alternative, 
would not have placed any new restrictions on commercial harvests in 
the SMZs and, as a result, would be expected to reduce the economic 
impacts on small business entities. This alternative would not, 
however, achieve the Council's objectives of reducing user conflict, 
improving recreational fishing opportunities, allowing for equitable 
utilization by a larger number of fishermen, and protecting the reef 
communities from overly-efficient fishing practices.
    The second alternative to the proposed action would have simply

[[Page 69234]]

prohibited the use of spearfishing gear (hand spears and spear guns) in 
the SMZs off South Carolina. While this alternative, if implemented, 
would reduce the expected economic effects on commercial vessels that 
use hand line or rod and reel to harvest snapper-grouper, king 
mackerel, or Spanish mackerel in the SMZs, the economic effects on 
vessels that use spearfishing gear would be expected to increase. This 
alternative would exclude an entire gear sector, affecting both 
commercial and recreational anglers who use this gear. As a result, 
while this alternative would be expected to reduce user conflict, might 
improve recreational fishing opportunities for hook-and-line anglers, 
and would be expected to protect the reef communities from efficient 
gear, this alternative would not achieve the Council's objectives of 
equitable utilization of the resources by a larger number of fishermen.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: November 2, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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 Sec.  622.1, paragraph (b), Table 1, the entry for ``FMP for 
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic 
Region'' is revised and footnote 7 is added to read as follows:


Sec.  622.1   Purpose and scope.

* * * * *
    (b) * * *

                                    Table 1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                                Responsible fishery
                FMP title                      management council(s)                Geographical area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
FMP for Coral, Coral Reefs, and Live/Hard  SAFMC.......................  South Atlantic.\7\
 Bottom Habitats of the South Atlantic
 Region.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 \7\ Octocorals are managed by the FMP or regulated by this part only in the EEZ off North Carolina, South
  Carolina, and Georgia.

    2. In Sec.  622.10, paragraphs (c)(1)(ii) and (iii), are revised to 
read as follows:


Sec.  622.10  Conservation measures for protected resources.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Such owner or operator must also comply with the sea turtle 
bycatch mitigation measures, including gear requirements and sea turtle 
handling requirements, specified in Appendix E to this part.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board and must use a dipnet, cushioned/support 
device, short-handled dehooker, long-nose or needle-nose pliers, bolt 
cutters, monofilament line cutters, and at least two types of mouth 
openers/mouth gags. This equipment must meet the specifications 
described in Appendix E to this part. Those permitted vessels with a 
freeboard height of greater than 4 ft (1.2 m) must have on board a 
dipnet, cushioned/support device, long-handled line clipper, a short-
handled and a long-handled dehooker, a long-handled device to pull an 
inverted ``V'', long-nose or needle-nose pliers, bolt cutters, 
monofilament line cutters, and at least two types of mouth openers/
mouth gags. This equipment must meet the specifications described in 
Appendix E to this part.
* * * * *
    3. In Sec.  622.32, paragraph (b)(3)(viii) is added to read as 
follows:


Sec.  622.32   Prohibited and limited harvest species.

* * * * *
    (b) * * *
    (3) * * *
    (viii) Octocoral may not be harvested or possessed in or from the 
portion of the South Atlantic EEZ off North Carolina, South Carolina, 
and Georgia, and any octocoral collected must be released immediately 
with a minimum of harm.
* * * * *
    4. In Sec.  622.35, in paragraph (e)(2), the first entry in the 
table is revised to read as follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (e) * * *
    (2) * * *

------------------------------------------------------------------------
In SMZs specified in the following
    paragraphs of Sec.   622.35           These restrictions apply
------------------------------------------------------------------------
(e)(1)(i) through (x), (e)(1)(xx),  Use of a powerhead to take South
 and (e)(1)(xxii) through (xxxix).   Atlantic snapper-grouper is
                                     prohibited. Possession of a
                                     powerhead and a mutilated South
                                     Atlantic snapper-grouper in, or
                                     after having fished in, one of
                                     these SMZs constitutes prima facie
                                     evidence that such fish was taken
                                     with a powerhead in the SMZ.
                                     Harvest or possession of a coastal
                                     migratory pelagic fish or a South
                                     Atlantic snapper-grouper is limited
                                     to the bag-limits specified in Sec.
                                       622.39(c)(1) and (d)(1),
                                     respectively.
 
                              * * * * * * *
------------------------------------------------------------------------

    5. In Sec.  622.42, paragraph (b) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (b) Gulf allowable octocoral. The quota for all persons who harvest

[[Page 69235]]

allowable octocoral in the Gulf EEZ is 50,000 colonies. A colony is a 
continuous group of coral polyps forming a single unit.
* * * * *
    6. Appendix E is added to part 622 to read as follows:

Appendix E to Part 622--Specifications for Sea Turtle Mitigation Gear 
and Sea Turtle Handling and Release Requirements

    A. Sea turtle mitigation gear.
    1. Long-handled line clipper or cutter. Line cutters are 
intended to cut high test monofilament line as close as possible to 
the hook, and assist in removing line from entangled sea turtles to 
minimize any remaining gear upon release. NMFS has established 
minimum design standards for the line cutters. The LaForce line 
cutter and the Arceneaux line clipper are models that meet these 
minimum design standards, and may be purchased or fabricated from 
readily available and low-cost materials. One long-handled line 
clipper or cutter and a set of replacement blades are required to be 
onboard. The minimum design standards for line cutters are as 
follows:
    (a) A protected and secured cutting blade. The cutting blade(s) 
must be capable of cutting 2.0-2.1 mm (0.078 in.-0.083 in.) 
monofilament line (400-lb test) or polypropylene multistrand 
material, known as braided or tarred mainline, and must be 
maintained in working order. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise designed to facilitate 
its safe use so that direct contact between the cutting surface and 
the sea turtle or the user is prevented. The cutting instrument must 
be securely attached to an extended reach handle and be easily 
replaceable. One extra set of replacement blades meeting these 
standards must also be carried on board to replace all cutting 
surfaces on the line cutter or clipper.
    (b) An extended reach handle. The line cutter blade must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to, or greater than, 150 percent of the freeboard, or a 
minimum of 6 ft (1.83 m), whichever is greater. It is recommended, 
but not required, that the handle break down into sections. There is 
no restriction on the type of material used to construct this handle 
as long as it is sturdy and facilitates the secure attachment of the 
cutting blade.
    2. Long-handled dehooker for internal hooks. A long-handled 
dehooking device is intended to remove internal hooks from sea 
turtles that cannot be boated. It should also be used to engage a 
loose hook when a turtle is entangled but not hooked, and line is 
being removed. The design must shield the barb of the hook and 
prevent it from re-engaging during the removal process. One long-
handled device to remove internal hooks is required onboard. The 
minimum design standards are as follows:
    (a) Hook removal device. The hook removal device must be 
constructed of approximately \3/16\-inch (4.76 mm) to \5/16\-inch 
(7.94 mm) 316 L stainless steel or similar material and have a 
dehooking end no larger than 1\7/8\-inches (4.76 cm) outside 
diameter. The device must securely engage and control the leader 
while shielding the barb to prevent the hook from re-engaging during 
removal. It may not have any unprotected terminal points (including 
blunt ones), as these could cause injury to the esophagus during 
hook removal. The device must be of a size appropriate to secure the 
range of hook sizes and styles used in the South Atlantic snapper-
grouper fishery.
    (b) Extended reach handle. The dehooking end must be securely 
fastened to an extended reach handle or pole with a minimum length 
equal to or greater than 150 percent of the freeboard, or a minimum 
of 6 ft (1.83 m), whichever is greater. It is recommended, but not 
required, that the handle break down into sections. The handle must 
be sturdy and strong enough to facilitate the secure attachment of 
the hook removal device.
    3. Long-handled dehooker for external hooks. A long-handled 
dehooker is required for use on externally-hooked sea turtles that 
cannot be boated. The long-handled dehooker for internal hooks 
described in paragraph 2. of this Appendix E would meet this 
requirement. The minimum design standards are as follows:
    (a) Construction. A long-handled dehooker must be constructed of 
approximately \3/16\-inch (4.76 mm) to \5/16\-inch (7.94 mm) 316 L 
stainless steel rod and have a dehooking end no larger than 1\7/8\-
inches (4.76 cm) outside diameter. The design should be such that a 
fish hook can be rotated out, without pulling it out at an angle. 
The dehooking end must be blunt with all edges rounded. The device 
must be of a size appropriate to secure the range of hook sizes and 
styles used in the South Atlantic snapper-grouper fishery.
    (b) Extended reach handle. The handle must be a minimum length 
equal to the freeboard of the vessel or 6 ft (1.83 m), whichever is 
greater.
    4. Long-handled device to pull an ``inverted V''. This tool is 
used to pull a ``V'' in the fishing line when implementing the 
``inverted V'' dehooking technique, as described in the document 
entitled ``Careful Release Protocols for Sea Turtle Release With 
Minimal Injury,'' for disentangling and dehooking entangled sea 
turtles. One long-handled device to pull an ``inverted V'' is 
required onboard. If a 6-ft (1.83 m) J-style dehooker is used to 
comply with paragraph 4. of this Appendix E, it will also satisfy 
this requirement. Minimum design standards are as follows:
    (a) Hook end. This device, such as a standard boat hook, gaff, 
or long-handled J-style dehooker, must be constructed of stainless 
steel or aluminum. The semicircular or ``J'' shaped end must be 
securely attached to a handle. A sharp point, such as on a gaff 
hook, is to be used only for holding the monofilament fishing line 
and should never contact the sea turtle.
    (b) Extended reach handle. The handle must have a minimum length 
equal to the freeboard of the vessel, or 6 ft (1.83 m), whichever is 
greater. The handle must be sturdy and strong enough to facilitate 
the secure attachment of the gaff hook.
    5. Dipnet. One dipnet is required onboard. Dipnets are to be 
used to facilitate safe handling of sea turtles by allowing them to 
be brought onboard for fishing gear removal, without causing further 
injury to the animal. Turtles must not be brought onboard without 
the use of a dipnet or hoist. The minimum design standards for 
dipnets are as follows:
    (a) Size of dipnet. The dipnet must have a sturdy net hoop of at 
least 31 inches (78.74 cm) inside diameter and a bag depth of at 
least 38 inches (96.52 cm) to accommodate turtles below 3 ft (0.914 
m) carapace length. The bag mesh openings may not exceed 3 inches 
(7.62 cm) by 3 inches (7.62 cm). There must be no sharp edges or 
burrs on the hoop, or where it is attached to the handle. There is 
no requirement for the hoop to be circular as long as it meets the 
minimum specifications.
    (b) Extended reach handle. The dipnet hoop must be securely 
fastened to an extended reach handle or pole with a minimum length 
equal to, or greater than, 150 percent of the freeboard, or at least 
6 ft (1.83 m), whichever is greater. The handle must be made of a 
rigid material strong enough to facilitate the sturdy attachment of 
the net hoop and be able to support a minimum of 100 lb (34.1 kg) 
without breaking or significant bending or distortion. It is 
recommended, but not required, that the extended reach handle break 
down into sections.
    6. Cushion/support device. A standard automobile tire (free of 
exposed steel belts), a boat cushion, a large turtle hoist, or any 
other comparable cushioned elevated surface, is required for 
supporting a turtle in an upright orientation while the turtle is 
onboard. The cushion/support device must be appropriately sized to 
fully support a range of turtle sizes.
    7. Short-handled dehooker for internal hooks. One short-handled 
device for removing internal hooks is required onboard. This 
dehooker is designed to remove ingested hooks from boated sea 
turtles. It can also be used on external hooks or hooks in the front 
of the mouth. Minimum design standards are as follows:
    (a) Hook removal device. The hook removal device must be 
constructed of approximately \3/16\-inch (4.76 mm) to \5/16\-inch 
(7.94 mm) 316 L stainless steel, and must allow the hook to be 
secured and the barb shielded without re-engaging during the removal 
process. It must be no larger than 1\7/8\-inches (4.76 cm) outside 
diameter. It may not have any unprotected terminal points (including 
blunt ones), as this could cause injury to the esophagus during hook 
removal. A sliding PVC bite block must be used to protect the beak 
and facilitate hook removal if the turtle bites down on the 
dehooking device. The bite block should be constructed of a \3/4\-
inch (1.91 cm) inside diameter high impact plastic cylinder (e.g., 
Schedule 80 PVC) that is 4 to 6 inches (10.2 to 15.2 cm) long to 
allow for 5 inches (12.7 cm) of slide along the shaft. The device 
must be of a size appropriate to secure the range of hook sizes and 
styles used in the South Atlantic snapper-grouper fishery.
    (b) Handle length. The handle should be approximately 16 to 24 
inches (40.64 cm to 60.69 cm) in length, with approximately a 4 to 
6-inch (10.2 to 15.2-cm) long tube T-

[[Page 69236]]

handle of approximately 1 inch (2.54 cm) in diameter.
    8. Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required onboard. The short-handled 
dehooker for internal hooks required to comply with paragraph 7. of 
this Appendix E will also satisfy this requirement. Minimum design 
standards are as follows:
    (a) Hook removal device. The dehooker must be constructed of 
approximately \3/16\-inch (4.76 cm) to \5/16\-inch (7.94 cm) 316 L 
stainless steel, and the design must be such that a hook can be 
rotated out without pulling it out at an angle. The dehooking end 
must be blunt, and all edges rounded. The device must be of a size 
appropriate to secure the range of hook sizes and styles used in the 
South Atlantic snapper-grouper fishery.
    (b) Handle length. The handle should be approximately 16 to 24 
inches (40.64 to 60.69 cm) long with approximately a 5-inch (12.7 
cm) long tube T-handle, wire loop handle or similar, of 
approximately 1 inch (2.54 cm) in diameter.
    9. Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers is required on board. Required long-nose or 
needle-nose pliers can be used to remove deeply embedded hooks from 
the turtle's flesh that must be twisted during removal or for 
removing hooks from the front of the mouth. They can also hold PVC 
splice couplings, when used as mouth openers, in place. Minimum 
design standards are as follows:
    (a) General. They must be approximately 12 inches (30.48 cm) in 
length, and should be constructed of stainless steel material.
    (b) [Reserved]
    10. Bolt cutters. One pair of bolt cutters is required on board. 
Required bolt cutters may be used to cut hooks to facilitate their 
removal. They should be used to cut off the eye or barb of a hook, 
so that it can safely be pushed through a sea turtle without causing 
further injury. They should also be used to cut off as much of the 
hook as possible, when the remainder of the hook cannot be removed. 
Minimum design standards are as follows:
    (a) General. They must be approximately 14 to 17 inches (35.56 
to 43.18 cm) in total length, with approximately 4-inch (10.16 cm) 
long blades that are 2\1/4\ inches (5.72 cm) wide, when closed, and 
with approximately 10 to 13-inch (25.4 to 33.02-cm) long handles. 
Required bolt cutters must be able to cut hard metals, such as 
stainless or carbon steel hooks, up to \1/4\-inch (6.35 mm) 
diameter.
    (b) [Reserved]
    11. Monofilament line cutters. One pair of monofilament line 
cutters is required on board. Required monofilament line cutters 
must be used to remove fishing line as close to the eye of the hook 
as possible, if the hook is swallowed or cannot be removed. Minimum 
design standards are as follows:
    (a) General. Monofilament line cutters must be approximately 
7\1/2\ inches (19.05 cm) in length. The blades must be 1 inch (4.45 
cm) in length and \5/8\ inches (1.59 cm) wide, when closed.
    (b) [Reserved]
    12. Mouth openers/mouth gags. Required mouth openers and mouth 
gags are used to open sea turtle mouths, and to keep them open when 
removing internal hooks from boated turtles. They must allow access 
to the hook or line without causing further injury to the turtle. 
Design standards are included in the item descriptions. At least two 
of the seven different types of mouth openers/gags described below 
are required:
    (a) A block of hard wood. Placed in the corner of the jaw, a 
block of hard wood may be used to gag open a turtle's mouth. A 
smooth block of hard wood of a type that does not splinter (e.g., 
maple) with rounded edges should be sanded smooth, if necessary, and 
soaked in water to soften the wood. The dimensions should be 
approximately 11 inches (27.94 cm) by 1 inch (2.54 cm) by 1 inch 
(2.54 cm). A long-handled, wire shoe brush with a wooden handle, and 
with the wires removed, is an inexpensive, effective and practical 
mouth-opening device that meets these requirements.
    (b) A set of three canine mouth gags. Canine mouth gags are 
highly recommended to hold a turtle's mouth open, because the gag 
locks into an open position to allow for hands-free operation after 
it is in place. These tools are only for use on small and medium 
sized turtles, as larger turtles may be able to crush the mouth gag. 
A set of canine mouth gags must include one of each of the following 
sizes: Small (5 inches) (12.7 cm), medium (6 inches) (15.24 cm), and 
large (7 inches) (17.78 cm). They must be constructed of stainless 
steel. The ends must be covered with clear vinyl tubing, friction 
tape, or similar, to pad the surface.
    (c) A set of two sturdy dog chew bones. Placed in the corner of 
a turtle's jaw, canine chew bones are used to gag open a sea 
turtle's mouth. Required canine chews must be constructed of durable 
nylon, zylene resin, or thermoplastic polymer, and strong enough to 
withstand biting without splintering. To accommodate a variety of 
turtle beak sizes, a set must include one large (5\1/2\-8 inches 
(13.97 cm-20.32 cm) in length), and one small (3\1/2\-4\1/2\ inches 
(8.89 cm-11.43 cm) in length) canine chew bones.
    (d) A set of two rope loops covered with protective tubing. A 
set of two pieces of poly braid rope covered with light duty garden 
hose or similar flexible tubing each tied or spliced into a loop to 
provide a one-handed method for keeping the turtle's mouth open 
during hook and/or line removal. A required set consists of two 3-ft 
(0.91 m) lengths of poly braid rope (\3/8\-inch (9.52 mm) diameter 
suggested), each covered with an 8-inch (20.32 cm) section of \1/2\ 
inch (1.27 cm) or \3/4\ inch (1.91 cm) tubing, and each tied into a 
loop. The upper loop of rope covered with hose is secured on the 
upper beak to give control with one hand, and the second piece of 
rope covered with hose is secured on the lower beak to give control 
with the user's foot.
    (e) A hank of rope. Placed in the corner of a turtle's jaw, a 
hank of rope can be used to gag open a sea turtle's mouth. A 6-ft 
(1.83 m) lanyard of approximately \3/16\-inch (4.76 mm) braided 
nylon rope may be folded to create a hank, or looped bundle, of 
rope. Any size soft-braided nylon rope is allowed, however it must 
create a hank of approximately 2-4 inches (5.08 cm-10.16 cm) in 
thickness.
    (f) A set of four PVC splice couplings. PVC splice couplings can 
be positioned inside a turtle's mouth to allow access to the back of 
the mouth for hook and line removal. They are to be held in place 
with the needle-nose pliers. To ensure proper fit and access, a 
required set must consist of the following Schedule 40 PVC splice 
coupling sizes: 1 inch (2.54 cm), 1\1/4\ inch (3.18 cm), 1\1/2\ inch 
(3.81 cm), and 2 inches (5.08 cm).
    (g) A large avian oral speculum. A large avian oral speculum 
provides the ability to hold a turtle's mouth open and to control 
the head with one hand, while removing a hook with the other hand. 
The avian oral speculum must be 9-inches (22.86 cm) long, and 
constructed of \3/16\-inch (4.76 mm) wire diameter surgical 
stainless steel (Type 304). It must be covered with 8 inches (20.32 
cm) of clear vinyl tubing (\5/16\-inch (7.9 mm) outside diameter, 
\3/16\-inch (4.76 mm) inside diameter), friction tape, or similar to 
pad the surface.
    B. Sea turtle handling and release requirements. Sea turtle 
bycatch mitigation gear, as specified in paragraphs A.1. through 4. 
of this Appendix E, must be used to disengage any hooked or 
entangled sea turtles that cannot be brought onboard. Sea turtle 
bycatch mitigation gear, as specified in paragraphs A.5. through 12. 
of this Appendix E, must be used to facilitate access, safe 
handling, disentanglement, and hook removal or hook cutting of sea 
turtles that can be brought onboard, where feasible. Sea turtles 
must be handled, and bycatch mitigation gear must be used, in 
accordance with the careful release protocols and handling/release 
guidelines specified in Sec.  622.10(c)(1), and in accordance with 
the onboard handling and resuscitation requirements specified in 
Sec.  223.206(d)(1) of this title.
    1. Boated turtles. When practicable, active and comatose sea 
turtles must be brought on board, with a minimum of injury, using a 
dipnet as specified in paragraph A.5. of this Appendix E. All 
turtles less than 3 ft (.91 m) carapace length should be boated, if 
sea conditions permit.
    (a) A boated turtle should be placed on a cushioned/support 
device, as specified in paragraph A.6. of this Appendix E, in an 
upright orientation to immobilize it and facilitate gear removal. 
Then, it should be determined if the hook can be removed without 
causing further injury. All externally embedded hooks should be 
removed, unless hook removal would result in further injury to the 
turtle. No attempt to remove a hook should be made if it has been 
swallowed and the insertion point is not visible, or if it is 
determined that removal would result in further injury. If a hook 
cannot be removed, as much line as possible should be removed from 
the turtle using monofilament cutters as specified in paragraph 
A.11. of this Appendix E, and the hook should be cut as close as 
possible to the insertion point before releasing the turtle, using 
bolt cutters as specified in paragraph A.10. of this Appendix E. If 
a hook can be removed, an effective technique may be to cut off 
either the barb, or the eye, of the hook using bolt

[[Page 69237]]

cutters, and then to slide the hook out. When the hook is visible in 
the front of the mouth, a mouth-opener, as specified in paragraph 
A.12. of this Appendix E, may facilitate opening the turtle's mouth 
and a gag may facilitate keeping the mouth open. Short-handled 
dehookers for internal hooks, or long-nose or needle-nose pliers, as 
specified in paragraphs A.7. and A.8. of this Appendix E, 
respectively, should be used to remove visible hooks from the mouth 
that have not been swallowed on boated turtles, as appropriate. As 
much gear as possible must be removed from the turtle without 
causing further injury prior to its release. Refer to the careful 
release protocols and handling/release guidelines required in Sec.  
622.10(c)(1), and the handling and resuscitation requirements 
specified in Sec.  223.206(d)(1) of this title, for additional 
information.
    (b) [Reserved]
    2. Non-boated turtles. If a sea turtle is too large, or hooked 
in a manner that precludes safe boating without causing further 
damage or injury to the turtle, sea turtle bycatch mitigation gear 
specified in paragraphs A.1. through 4. of this Appendix E must be 
used to disentangle sea turtles from fishing gear and disengage any 
hooks, or to clip the line and remove as much line as possible from 
a hook that cannot be removed, prior to releasing the turtle, in 
accordance with the protocols specified in Sec.  622.10(c)(1).
    (a) Non-boated turtles should be brought close to the boat and 
provided with time to calm down. Then, it must be determined whether 
or not the hook can be removed without causing further injury. All 
externally embedded hooks must be removed, unless hook removal would 
result in further injury to the turtle. No attempt should be made to 
remove a hook if it has been swallowed, or if it is determined that 
removal would result in further injury. If the hook cannot be 
removed and/or if the animal is entangled, as much line as possible 
must be removed prior to release, using a line cutter as specified 
in paragraph A.1. of this Appendix E. If the hook can be removed, it 
must be removed using a long-handled dehooker as specified in 
paragraphs A.2. and A.3. of this Appendix E. Without causing further 
injury, as much gear as possible must be removed from the turtle 
prior to its release. Refer to the careful release protocols and 
handling/release guidelines required in Sec.  622.10(c)(1), and the 
handling and resuscitation requirements specified in Sec.  
223.206(d)(1) for additional information.
    (b) [Reserved]

[FR Doc. 2011-28924 Filed 11-7-11; 8:45 am]
BILLING CODE 3510-22-P