[Federal Register Volume 80, Number 180 (Thursday, September 17, 2015)]
[Proposed Rules]
[Pages 55819-55821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BD76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery Off the Atlantic States and Snapper-Grouper 
Fishery of the South Atlantic Region; Amendments 7/33

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 7 to the Fishery Management Plan (FMP) for the 
Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo 
FMP) and Amendment 33 to the FMP for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP) (Amendments 7/33) for 
review, approval, and implementation by NMFS. Amendments 7/33 propose 
actions to revise the landing fish intact provisions for vessels that 
lawfully harvest dolphin, wahoo, or snapper-grouper in or from Bahamian 
waters and return to the U.S exclusive economic zone (EEZ). The U.S. 
EEZ as described in this document refers to the Atlantic EEZ for 
dolphin and wahoo and the South Atlantic EEZ for snapper-grouper. The 
purpose of Amendments 7/33 is to improve the consistency and 
enforceability of Federal regulations with regards to landing fish 
intact and to increase the social and economic benefits related to the 
recreational harvest of these species.

DATES: Written comments must be received on or before November 16, 
2015.

ADDRESSES: You may submit comments on Amendments 7/33 identified by 
``NOAA-NMFS-2015-0047'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0047, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Nikhil Mehta, Southeast 
Regional

[[Page 55820]]

Office, NMFS, 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 Amendments 7/33, which includes an 
environmental assessment, a Regulatory Flexibility Act analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/generic/2015/dw7_sg33/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery is managed 
under the Dolphin and Wahoo FMP and the snapper-grouper fishery is 
managed under the Snapper-Grouper FMP. The FMPs were prepared by the 
Council and are implemented through regulations at 50 CFR part 622 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a plan or amendment, publish an 
announcement in the Federal Register notifying the public that the plan 
or amendment is available for review and comment.

Background

    Current Federal regulations require that dolphin or wahoo or 
snapper-grouper species harvested in or from the U.S. EEZ must be 
maintained with the heads and fins intact and not be in fillet form. 
However, as implemented through Amendment 8 to the Snapper-Grouper FMP, 
an exception applies to snapper-grouper species that are lawfully 
harvested in Bahamian waters and are onboard a vessel returning to the 
U.S. through the EEZ (63 FR 38298, July 16, 1998). Amendment 8 to the 
Snapper-Grouper FMP allows that in the South Atlantic EEZ, snapper-
grouper lawfully harvested in Bahamian waters are exempt from the 
requirement that they be maintained with head and fins intact, provided 
valid Bahamian fishing and cruising permits are on board the vessel and 
the vessel is in transit through the South Atlantic EEZ. A vessel is in 
transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.
    The Bahamas does not allow for the commercial harvest of dolphin, 
wahoo, or snapper-grouper species by U.S. vessels in Bahamian waters. 
Therefore, the measures proposed in Amendments 7/33 only apply to the 
recreational harvest of these species in The Bahamas and on a vessel 
returning from Bahamian water to the U.S. EEZ.

Actions Contained in Amendments 7/33

    Amendments 7/33 would revise the landing fish intact provisions for 
vessels that lawfully harvest dolphin, wahoo, and snapper-grouper in 
Bahamian waters and return to the U.S. EEZ. Amendments 7/33 would allow 
for dolphin and wahoo fillets to enter the U.S. EEZ after lawful 
harvest in Bahamian waters; specify the condition of any dolphin, 
wahoo, and snapper-grouper fillets; describe how the recreational bag 
limit would be determined for any fillets; explicitly prohibit the sale 
or purchase of any dolphin, wahoo, or snapper-grouper recreationally 
harvested in Bahamian waters; specify the required documentation to be 
onboard any vessels that have these fillets, and specify transit and 
stowage provisions for any vessels with these fillets.

Landing Fish Intact

    Currently, all dolphin and wahoo in or from the Atlantic EEZ are 
required to be maintained with head and fins intact. These fish may be 
eviscerated, gilled, and scaled, but must otherwise be maintained in a 
whole condition. Amendments 7/33 would allow for dolphin and wahoo 
lawfully harvested in Bahamian waters to be exempt from this provision 
when returning to the Atlantic EEZ. Dolphin or wahoo lawfully harvested 
in or from Bahamian waters would be able to be stored on ice more 
effectively for transit through the U.S. EEZ in fillet form, given the 
coolers generally used on recreational vessels. Allowing fishers on 
these vessels to be exempt from the landing fish intact regulations 
would increase the social and economic benefits for recreational 
fishers returning to the U.S. EEZ from Bahamian waters. This proposed 
exemption would also allow for increased consistency between the 
dolphin and wahoo and snapper-grouper regulations. This proposed action 
would not be expected to substantially increase recreational fishing 
pressure or otherwise change recreational fishing behavior, because 
these species would not be exempt from U.S. recreational bag limits, 
fishing seasons, size limits, or other management measures in place in 
the U.S. EEZ, including prohibited species (e.g., goliath grouper and 
Nassau grouper). Therefore, the Council and NMFS anticipate that there 
are likely to be neither positive nor negative additional biological 
effects to these species.
    Snapper-grouper possessed in the South Atlantic EEZ are currently 
exempt from the landing fish intact requirement if the vessel lawfully 
harvests snapper-grouper in The Bahamas. This action would retain this 
exemption for snapper-grouper species and revise it to include 
additional requirements.

Condition of Fillets

    To better allow for identification of the species of any fillets in 
the U.S. EEZ, Amendments 7/33 would require that the skin be left 
intact on the entire fillet of any dolphin, wahoo, or snapper-grouper 
carcass (fillet) transported from Bahamian waters through the U.S. EEZ. 
This requirement will assist law enforcement in identifying fillets to 
determine whether they are only of the species to be exempted by 
Amendments 7/33.

Recreational Bag Limits

    Currently, all dolphin, wahoo, and snapper-grouper harvested or 
possessed in or from the EEZ must adhere to the U.S. bag and possession 
limits. Amendments 7/33 would not revise those bag and possession 
limits, but would specify how fillets are counted with respect to 
determining the number of fish onboard a vessel in transit from 
Bahamian waters through the U.S. EEZ and ensuring compliance with U.S. 
bag and possession limits. Amendments 7/33 would specify that for any 
dolphin, wahoo, or snapper-grouper species lawfully harvested in 
Bahamian waters and onboard a vessel in the U.S. EEZ in fillet form, 
two fillets of the respective species of fish, regardless of the length 
of each fillet, is equivalent to one fish. This measure is intended to 
assist law enforcement by helping ensure compliance with the relevant 
U.S. bag and possession limits.

[[Page 55821]]

Sale and Purchase Restrictions of Recreationally Harvested Dolphin, 
Wahoo or Snapper-Grouper

    Amendments 7/33 would explicitly prohibit the sale or purchase of 
any dolphin, wahoo, and snapper-grouper recreationally harvested in The 
Bahamas and transported through the U.S. EEZ. The Council determined 
that establishing a specific prohibition to the sale or purchase of any 
of these species from The Bahamas was necessary to ensure consistency 
with the current Federal regulations that prohibit recreational bag 
limit sales of these species. The Council wanted to ensure that 
Amendments 7/33 and the accompanying rulemaking do not create an 
opportunity for these fish to be sold or purchased.

Required Documentation

    Amendments 7/33 would revise the documentation requirements for 
snapper-grouper species and implement documentation requirements for 
dolphin and wahoo lawfully harvested in Bahamian waters and in transit 
through the U.S. EEZ. For snapper-grouper lawfully harvested under the 
exemption, the current requirement is that valid Bahamian fishing and 
cruising permits are on the vessel. Amendments 7/33 would retain the 
current requirement that valid Bahamian fishing and cruising permits 
are onboard and additionally require that all vessel passengers have 
stamped and dated government passports. These documentation 
requirements would apply to individuals onboard a vessel in transit 
through the U.S. EEZ from Bahamian waters with dolphin, wahoo, or 
snapper-grouper fillets. Requiring vessel passengers to have a valid 
government passport with current stamps and dates from The Bahamas will 
increase the likelihood that the vessel was lawfully fishing in The 
Bahamas and that any dolphin, wahoo, or snapper-grouper fillets on the 
vessel were harvested in Bahamian waters and not in the U.S. EEZ.

Transit and Stowage Provisions

    Snapper-grouper vessels operating under the current exemption have 
specific transit requirements when in the South Atlantic EEZ as 
described in Sec.  622.186(b). These vessels are required to be in 
transit when they enter the South Atlantic EEZ with Bahamian snapper-
grouper onboard. A vessel is in transit through the South Atlantic EEZ 
when it is on ``a direct and continuous course through the South 
Atlantic EEZ and no one aboard the vessel fishes in the EEZ.'' 
Amendments 7/33 would revise the snapper-grouper transit provisions, 
also apply the transit provisions to vessels operating under the 
proposed exemption for dolphin and wahoo, and require fishing gear to 
be appropriately stowed on vessels transiting through the U.S. EEZ with 
fillets of these species. The proposed definition for ``fishing gear 
appropriately stowed'' would mean that ``terminal gear (i.e., hook, 
leader, sinker, flasher, or bait) used with an automatic reel, bandit 
gear, buoy gear, handline, or rod and reel must be disconnected and 
stowed separately from such fishing gear. Sinkers must be disconnected 
from the down rigger and stowed separately.'' The Council determined 
that specifying criteria for transit and fishing gear stowage for 
vessels returning from The Bahamas under the exemption would assist in 
the enforceability of the proposed regulations and increase consistency 
with the state of Florida's gear stowage regulations.
    A proposed rule that would implement measures outlined in 
Amendments 7/33 has been drafted. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating Amendment 7/33 and the proposed rule to 
determine whether it is consistent with the FMP, the Magnuson-Stevens 
Act, and other applicable law. If the determination is affirmative, 
NMFS will publish the proposed rule in the Federal Register for public 
review and comment.

Consideration of Public Comments

    The Council submitted Amendments 7/33 for Secretarial review, 
approval, and implementation on May 1, 2015.
    Comments received on or before November 16, 2015, will be 
considered by NMFS in the approval, partial approval, or disapproval 
decision regarding Amendments 7/33. Comments received after that date 
will not be considered by NMFS in this decision. All relevant 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: September 14, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23339 Filed 9-16-15; 8:45 am]
BILLING CODE 3510-22-P