[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5512-5517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00859]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161020986-7012-01]
RIN 0648-BG38


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 36 to the 
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the 
South Atlantic Region as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). If implemented, this proposed 
rule would modify the FMP framework procedures to allow spawning 
special management zones (SMZs) to be established or modified through 
the framework process; establish spawning SMZs off North Carolina, 
South Carolina, and Florida; establish transit and anchoring provisions 
in the spawning SMZs; and establish a sunset provision for most of the 
spawning SMZs. This proposed rule would also move the boundary of the 
existing Charleston Deep Artificial Reef Marine Protected Area (MPA). 
The purpose of this proposed rule is to protect spawning snapper-
grouper species and their spawning habitat, and to reduce bycatch and 
bycatch mortality for snapper-grouper species, including speckled hind 
and warsaw grouper.

DATES: Written comments on the proposed rule must be received by 
February 17, 2017.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0153,'' 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-2016-0153, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit 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 required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 36 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 36 includes an environmental assessment, 
Regulatory Flexibility Act (RFA) analysis, regulatory impact review, 
and fishery impact statement.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes speckled hind and 
warsaw grouper, along with other snapper-grouper species. The FMP was 
prepared by the Council and is implemented by NMFS through regulations 
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Council developed Amendment 36 to protect spawning snapper-
grouper species and their spawning habitat by prohibiting fishing for 
or harvest of snapper-grouper species in certain areas year-round in 
Federal waters of the South Atlantic. Areas designated for protection 
would include habitat characteristics, bottom topography (hard and live 
bottom), and currents that provide essential fish habitat important for 
spawning snapper-grouper species. The Council determined that 
protecting spawning snapper-grouper and their associated habitats would 
allow these species to produce more larvae, and may subsequently 
increase snapper-grouper populations.
    The Council also developed Amendment 36 to reduce bycatch and 
bycatch mortality of snapper-grouper species, including speckled hind 
and warsaw grouper. The snapper-grouper fishery in the South Atlantic 
is a highly regulated, multi-species fishery. Discards in the fishery 
can occur due to regulations, such as closed seasons, possession or 
size limits, or from catch and release of these species. For snapper-
grouper species prohibited from harvest, such as speckled hind and 
warsaw grouper, fish discarded due to regulations are considered 
bycatch. The deep-water snapper-grouper species are further impacted 
due to high discard mortality rates (low survivability due to 
barotrauma). The Council concluded that prohibiting the use of certain 
fishing gear in specified areas where snapper-grouper are known to 
occur and possibly spawn would reduce encounters with these species and 
subsequently provide protection for reproduction. Spawning SMZs could 
provide long-term beneficial biological and socio-economic effects if 
spawning fish are sufficiently protected.
    The Council has identified a total of five areas proposed to be 
considered as spawning SMZs in the South Atlantic off North Carolina, 
South Carolina, and Florida. These areas have been identified based on 
the documented occurrence of snapper-grouper species and analysis of 
spawning data, recommendations from the Council's MPA Expert Work Group 
and Snapper-Grouper Advisory Panel, as well as cooperative research and 
public recommendations.
    Amendment 36 also contains a 10-year sunset provision that would 
apply to most of the proposed spawning SMZs. The sunset provision would 
allow for most of the spawning SMZs to expire 10 years following the 
implementation date unless they are renewed. When deciding whether to 
renew a spawning SMZ, the Council may consider the evidence of spawning 
by snapper-grouper species in the spawning SMZ and whether a spawning 
SMZ is being monitored. The Council concluded that a 10-year sunset

[[Page 5513]]

provision would help to ensure that spawning SMZs are monitored and 
evaluated during this period to document snapper-grouper spawning 
within the sites.
    The Council developed a system management plan (SMP) for the 
spawning SMZs proposed in Amendment 36. The SMP describes in detail the 
monitoring and evaluation requirements for the proposed spawning SMZs. 
The Council recognizes that monitoring the proposed spawning SMZs by 
academic, state, or NMFS personnel is necessary to evaluate their 
effectiveness. Therefore, the SMP outlines the potential monitoring 
partners and their roles.
    In addition to the spawning SMZs proposed for a similar purpose 
through Amendment 36, the Council originally designated the Charleston 
Deep Artificial Reef MPA, located off South Carolina, in Amendment 14 
to the Snapper-Grouper FMP (74 FR 1621, January 13, 2009) to add 
protected snapper-grouper habitat and contribute to adding fish 
biomass. Recently, the State of South Carolina worked with the U.S. 
Army Corps of Engineers to modify the boundary of this site to include 
additional substrate material that was sunk by the state in the area of 
this MPA. The State of South Carolina requested the Council shift the 
boundary of the existing Charleston Deep Artificial Reef MPA to match 
the new boundary of the artificial reef site. This proposed rule would 
align the Charleston Deep Artificial Reef MPA boundary with the site 
permitted by the U.S. Army Corps of Engineers, while retaining the size 
of the current MPA. This proposed rule would move the existing boundary 
around the Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) to the 
northwest.

Management Measures Contained in This Proposed Rule

    This proposed rule would modify the FMP framework procedures to 
allow spawning SMZs to be established or modified through the framework 
process; establish spawning SMZs off North Carolina, South Carolina, 
and Florida; establish transit and anchoring provisions in the spawning 
SMZs; establish a sunset provision for most of the spawning SMZs; and 
move the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) 
northwest to match the permitted site boundary.

Modify the FMP Framework Procedures for Spawning SMZs

    Amending the FMP can require more detailed analyses and requires a 
lengthier prescribed timeline prior to implementation. However, the 
current FMP contains framework procedures to allow the Council to 
modify certain management measures, such as annual catch limits and 
other management measures, via an expedited process (see 50 CFR 
622.194; 56 FR 56016, October 31, 1991). Currently, SMZs cannot be 
modified under the framework process, so any changes to SMZs are 
required to be done through an FMP amendment. In Amendment 36 and this 
proposed rule, the Council has decided to include changes to spawning 
SMZs, such as boundary modifications and the establishment or removal 
of spawning SMZs, under the framework process. For example, this 
proposed rule would allow the Council to remove a spawning SMZ if 
monitoring efforts do not document evidence of spawning snapper-grouper 
species within the boundary. The proposed revisions to the FMP 
framework procedures would also allow the Council to remove the 
proposed 10-year sunset provision for a proposed spawning SMZ if 
monitoring efforts document snapper-grouper species' spawning inside a 
spawning SMZ. The Council has decided that changing spawning SMZs 
through an expedited process can have beneficial biological and socio-
economic impacts, especially if the changes respond to newer 
information, such as spawning locations for snapper-grouper species. 
The Council has concluded that the framework process will allow 
adequate time for the public to comment on any proposed change related 
to a spawning SMZ.

Establish Spawning SMZs Off North Carolina, South Carolina, and Florida

    The existing South Atlantic SMZs restrict the use of certain 
fishing gear in areas including artificial reefs, fish attraction 
devices, and other modified areas of habitat for fishing (50 CFR 
622.182). Possession limits can also be regulated in SMZs. The original 
FMP established SMZs for artificial reefs to restrict certain fishing 
gear on artificial reefs (48 FR 49463, August 31, 1983). Currently, 
there are no spawning SMZs for snapper-grouper in the South Atlantic. 
The Council is proposing to establish five snapper-grouper spawning 
SMZs in the South Atlantic off North Carolina, South Carolina, and 
Florida. The proposed spawning SMZ off North Carolina would be called 
South Cape Lookout (5.1 sq mi; 13.2 sq km). The Council is proposing 
three spawning SMZs off South Carolina that would be called Devil's 
Hole/Georgetown Hole (3.03 sq mi; 7.8 sq km), Area 51 (approximately 3 
sq mi; 7.8 sq km), and Area 53 (approximately 3 sq mi; 7.8 sq km). The 
proposed spawning SMZ off the east coast of the Florida Keys would be 
called Warsaw Hole/50 Fathom Hole (3.64 sq mi; 9.4 sq km).
    This proposed rule would prohibit fishing for or harvest of 
snapper-grouper species year-round in the proposed spawning SMZs. 
Certain other activities in the spawning SMZs would be restricted, 
including transiting with snapper-grouper species on board and 
anchoring.
    Another purpose of spawning SMZs is to reduce bycatch and bycatch 
mortality of snapper-grouper species, including speckled hind and 
warsaw grouper. Currently, retention of speckled hind and warsaw 
grouper is prohibited in Federal waters in the South Atlantic. 
Prohibiting the targeting or harvest of snapper-grouper species in 
specified areas where these species are known to occur and possibly 
spawn would reduce encounters with these deep-water species and provide 
protection for reproduction. The Council concluded that protecting 
snapper-grouper species within the spawning SMZs could enhance the 
opportunity for these species to reproduce and provide more larvae into 
the environment. Spawning SMZs would also allow opportunities to 
monitor population changes in snapper-grouper species and further 
refine protection of spawning habitat.

Establish Transit and Anchoring Provisions in Spawning SMZs

    This proposed rule would allow vessels to transit through the 
proposed spawning SMZs with snapper-grouper species on board when 
fishing gear is properly stowed. ``Properly stowed'' means that trawl 
or try nets and the attached doors must be out of the water, but would 
not be required to be on deck or secured below deck. Terminal gear 
(hook, leader, sinker, flasher, or bait) used with automatic reels, 
bandit gear, buoy gear, handline, or rod and reel would have to be 
disconnected and stowed separately from such fishing gear and sinkers 
would have to be disconnected from down riggers and stowed separately. 
Vessels in the spawning SMZs would be prohibited from fishing for, 
harvest, or possession of snapper-grouper species year-round in these 
areas. Except for the experimental artificial reefs Area 51 and Area 53 
off South Carolina, persons on board a fishing vessel would not be 
allowed to anchor, use an anchor or chain, or use a grapple and chain 
while in spawning SMZs. Fishermen would continue to be allowed to troll 
for pelagic species such as dolphin, tuna, and billfish in spawning 
SMZs.

[[Page 5514]]

Establish a Sunset Provision for Most Spawning SMZs

    This proposed rule would implement a 10-year sunset provision for 
the establishment of the spawning SMZs, except for the Area 51 and Area 
53 Spawning SMZs, which will remain in effect indefinitely. Thus, 
except for the latter two areas, the proposed spawning SMZs and their 
associated management measures would be effective for 10 years 
following the implementation of a final rule for Amendment 36. For the 
proposed spawning SMZs and management measures subject to the sunset 
provision to extend beyond 10 years, the Council would need to evaluate 
the effectiveness of the spawning SMZs for conserving and protecting 
spawning snapper-grouper species, and subsequently take further action. 
The Council will regularly evaluate all of the spawning SMZs over the 
10-year period. They concluded that this period was an appropriate 
timeframe to monitor the sites and determine whether a sufficient level 
of spawning by snapper-grouper species occurs to justify continued 
protection as spawning SMZs.

Move the Existing Charleston Deep Artificial Reef MPA

    This proposed rule would move the existing Charleston Deep 
Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the boundary of 
the U.S. Army Corps of Engineers' permitted artificial reef area at 
that location. This proposed rule would not change the size of the 
existing MPA. The Council originally designated the current area as an 
artificial reef site in Amendment 14. The State of South Carolina has 
worked with the U.S. Army Corps of Engineers to modify the boundary of 
this site to include material recently sunk by the state in the area 
and has requested that the Council shift their boundary of the existing 
Charleston Deep Artificial Reef MPA to match the new boundary of the 
U.S. Army Corps of Engineers' permitted artificial reef area.

Management Measure Contained in Amendment 36 but Not in This Proposed 
Rule

    In addition to the management measures that this proposed rule 
would implement, Amendment 36 includes an action to modify the SMZ 
procedures in the FMP to allow for the designation of spawning SMZs. 
The Council would be able to designate important spawning areas as 
spawning SMZs to provide additional protection to some existing 
Essential Fish Habitat-Habitat Areas of Particular Concern for snapper-
grouper species. The Council concluded that designating areas as 
spawning SMZs is important to protect snapper-grouper species and 
habitat where snapper-grouper species spawn. Furthermore, the Council 
concluded that the designation of spawning SMZ sites in this proposed 
rule, and subsequent changes to regulations, would enhance reproduction 
for snapper-grouper species and thus increase the number of larvae that 
are produced by the species.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 36, the FMP, the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certifies to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    A description of this proposed rule, why it is being considered, 
and the objectives of this proposed rule are contained in the preamble 
and in the SUMMARY section of the preamble. The Magnuson-Stevens Act 
provides the statutory basis for this proposed rule.
    This proposed rule would apply to all federally-permitted 
commercial vessels, federally-permitted charter vessels and headboats 
(for-hire vessels), and private recreational anglers that fish for or 
harvest any of the species managed under the FMP in Federal waters. The 
RFA does not consider recreational anglers to be small entities, thus 
they are outside the scope of this analysis; only the effects on 
commercial and for-hire vessels will be analyzed.
    As of May 25, 2016, there were 552 valid or renewable Federal South 
Atlantic snapper-grouper unlimited permits and 116 valid or renewable 
225-lb (102.1-kg) trip-limited permits. Each of these commercial 
permits is associated with an individual vessel. Data from the years of 
2010 through 2014 were used in Amendment 36 and these data provided the 
basis for the Council's decision. Although this proposed rule would 
apply to all commercial snapper-grouper Federal permit holders, it is 
expected that the vessels that harvest the species NMFS assumes to be 
most commonly harvested within the proposed spawning SMZ areas would be 
most likely to be affected. These species include red porgy, vermilion 
snapper, scamp, greater amberjack, blueline tilefish, gag, and red 
grouper. On average from 2010 through 2014, there were 438 federally-
permitted commercial vessels with reported landings of one or more of 
these species. Their average annual vessel-level revenue from all 
species for 2010 through 2014 was approximately $47,000 (2014 dollars). 
In 2014, the maximum annual revenue reported by a single one of these 
vessels was approximately $1 million (2014 dollars).
    As of May 25, 2016, there were 1,502 valid Federal charter vessel/
headboat (for-hire) permits for South Atlantic snapper-grouper. 
Although the for-hire permit application collects information on the 
primary method of operation, the permit itself does not identify the 
permitted vessel as either a charter vessel or a headboat and vessels 
may operate in both capacities. However, only federally-permitted 
headboats are required to submit harvest and effort information to the 
NMFS Southeast Region Headboat Survey (SRHS). Participation in the SRHS 
is based on determination by the Southeast Fishery Science Center that 
the vessel primarily operates as a headboat. As of February 22, 2016, 
73 South Atlantic headboats were registered in the SRHS. As a result, 
the estimated 1,502 for-hire vessels that may be affected by this 
proposed rule are expected to consist of 1,429 charter vessels and 73 
headboats. The average charter vessel is estimated to receive 
approximately $117,000 (2014 dollars) in annual revenue. The average 
headboat is estimated to receive approximately $207,000 (2014 dollars) 
in annual revenue.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) 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 $11 million for all its 
affiliated operations worldwide. All of the commercial vessels directly 
regulated by this proposed rule are believed to be small entities based 
on the NMFS size standard.
    The SBA has established size standards for all major industry 
sectors in the U.S. including for-hire businesses (NAICS code 487210). 
A business

[[Page 5515]]

primarily involved in the for-hire fishing industry 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 $7.5 million for all its 
affiliated operations worldwide. All of the for-hire vessels directly 
regulated by this proposed rule are believed to be small entities based 
on the SBA size criteria.
    No other small entities that would be directly affected by this 
proposed rule have been identified.
    There are currently 668 commercial vessels eligible to fish for the 
snapper-grouper species managed under the FMP. Based on the analysis 
included in Amendment 36, NMFS expects 438 of these vessels would be 
affected by this proposed rule (approximately 66 percent). In addition, 
there are 1,502 for-hire vessels eligible to fish for snapper-grouper 
species, all of which have the potential to be affected by this 
proposed rule. Because all of these commercial and for-hire fishing 
businesses are believed to be small entities, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    Amendment 36 would modify the SMZ procedures in the FMP to include 
protection of any area important for snapper-grouper spawning, 
including natural habitat, by designating spawning SMZs. Amendment 36 
and this proposed rule would also modify the framework procedures for 
the FMP to include modifying or establishing spawning SMZs. These 
procedural changes would allow the Council to create or modify spawning 
SMZs, including areas of natural habitat, under the FMP framework 
process. However, the procedural changes to allow the Council to create 
or modify spawning SMZs would not directly regulate, nor restrict 
access to specific fishing grounds. As such, they would not be expected 
to directly affect the small entities identified in this analysis.
    In addition to the procedural changes described above, this 
proposed rule would create specific spawning SMZs off North Carolina, 
South Carolina, and the east coast of Florida. Within each proposed 
spawning SMZ, fishing for, harvest, or possession of snapper-grouper 
species would be prohibited year-round. In addition, this proposed rule 
would move the existing Charleston Deep Artificial Reef MPA 1.4 mi (2.3 
km) to the northwest to match the boundary of the U.S. Army Corps of 
Engineers' permitted artificial reef area. The size of the MPA would 
remain the same. No spawning SMZ would be designated off Georgia. This 
proposed rule would allow vessels in possession of snapper-grouper 
species to transit through spawning SMZs as long as their fishing gear 
is properly stowed; however, anchoring would be prohibited in all 
spawning SMZs, except for Area 51 and Area 53.
    The proposed 5.1-sq mi (13.2-sq km) South Cape Lookout Spawning SMZ 
off North Carolina is estimated to result in an annual decrease in 
total commercial ex-vessel revenues of $588 (2014 dollars), assuming 
commercial vessels are unable to substitute landings from other areas. 
The proposed 3.03-sq mi (7.8-sq km) Devil's Hole/Georgetown Hole 
Spawning SMZ off South Carolina is estimated to result in an annual 
decrease in total ex-vessel revenue of $86 (2014 dollars) using the 
same assumptions. Designation of the artificial reef sites, Area 51 and 
Area 53 (each 2.99 sq mi, 7.8 sq km), off South Carolina as spawning 
SMZs is not expected to affect ex-vessel revenue, because these 
artificial habitat locations were previously undisclosed to the public, 
and it is assumed there is very little fishing activity occurring 
there. The 3.6-sq mi (9.4-sq km) Warsaw Hole/50 Fathom Hole Spawning 
SMZ off the east coast of Florida is estimated to reduce total annual 
ex-vessel revenue by $931 (2014 dollars). Again, this estimate assumes 
that commercial vessels will not substitute landings from other areas 
for the landings that are displaced by the spawning SMZs. For the 
proposed change to the Charleston Deep Artificial Reef MPA, because the 
size of the MPA would remain the same and there is little known fishing 
effort occurring near the existing MPA boundary, it is not expected to 
have a measurable effect on commercial ex-vessel revenue.
    When all of the proposed spawning SMZs are analyzed together, they 
are estimated to result in an annual decrease in ex-vessel revenue of 
$1,605 (2014 dollars). Divided across all of the commercial vessels 
expected to be affected by this proposed rule, this would result in a 
per-vessel annual decrease of only $4. Even if the entire estimated 
reduction in revenue was borne by a single commercial vessel, it would 
represent a less than 4 percent reduction in total ex-vessel revenue on 
average. The model employed in this analysis assumed uniformly 
distributed effort within each logbook-reported area and did not 
account for potential redistribution of effort after each closure. If 
fishermen are harvesting species within the proposed spawning SMZ areas 
at a much higher rate than elsewhere in the South Atlantic, the effects 
of these closures on ex-vessel revenue could be more substantial. 
Nevertheless, based on the small size of each area and the high 
likelihood that commercial vessels would substitute landings in other 
areas, it is assumed that any reduction in ex-vessel revenue from this 
proposed rule would be minimal. Also, because transit would be 
permitted through the spawning SMZs, any impact to travel costs 
resulting from the proposed rule is expected to be minimal as well. 
Finally, because commercial vessels would not be allowed to fish for 
snapper-grouper species in the spawning SMZs, the prohibition on 
anchoring would not be expected to result in any additional adverse 
economic effects.
    With respect to for-hire businesses, the spawning SMZs in this 
proposed rule would place restrictions on where charter vessels and 
headboats can take paying customers but would not directly alter the 
services sold by these vessels. Therefore, direct effects on for-hire 
vessels resulting from this proposed rule would be limited to potential 
increases in travel time and fuel consumption from having to change 
their usual fishing locations, travel around the proposed spawning 
SMZs, or transit through them with their gear properly stowed. Because 
of the small size of the proposed spawning SMZs relative to all 
available fishing grounds, their substantial distance from shore, and 
the negligible amount of harvest from for-hire vessels estimated to 
occur in those areas, this proposed rule is not expected to have a 
measurable effect on for-hire vessel costs. With respect to potential 
changes in for-hire revenue, any impact that results from the proposed 
spawning SMZs would be a consequence of a change in recreational angler 
demand for for-hire services and, therefore, an indirect effect of the 
proposed rule. Because these potential revenue effects are indirect, 
they fall outside the scope of the RFA.
    Finally, the sunset provision contained in this proposed rule would 
remove most of the spawning SMZs 10 years after implementation if not 
reauthorized by the Council, except for the Area 51 and Area 53 
Spawning SMZs, which would remain. Although this sunset provision sets 
a deadline for evaluating the success of spawning SMZs and 
reauthorizing them, it is not expected to directly influence the 
duration of each spawning SMZ, because the Council would have the 
authority to modify the spawning SMZs at any time through the FMP 
framework procedures as described in this proposed rule. Therefore, the 
sunset provision would not be expected to

[[Page 5516]]

directly affect commercial or for-hire fishing businesses.
    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 proposed rule. 
Accordingly, this proposed rule does not implicate the Paperwork 
Reduction Act.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Marine protected area, South Atlantic, Special 
management zone.

    Dated: January 10, 2017.
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 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.  622.183, revise the table in paragraph (a)(1)(i)(D) and add 
paragraph (a)(2) to read as follows:


Sec.  622.183   Area and seasonal closures.

    (a) * * *
    (1) * * *
    (i) * * *
    (D) * * *

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  32[deg]05.04'.....  79[deg]13.575'.
B...............................  32[deg]09.65'.....  79[deg]09.2'.
C...............................  32[deg]07.155'....  79[deg]05.595'.
D...............................  32[deg]02.36'.....  79[deg]09.975'.
A...............................  32[deg]05.04'.....  79[deg]13.575'.
------------------------------------------------------------------------

* * * * *
    (2) Spawning SMZs. (i) Any fishing vessel in a spawning SMZ is 
prohibited to fish for or harvest species in the snapper-grouper 
fishery management unit year-round. For a fishing vessel to possess 
snapper-grouper species on board while in a spawning SMZ, the vessel 
must be in transit and fishing gear must be appropriately stowed, as 
specified in paragraph (a)(2)(vii) of this section. Except for spawning 
SMZs of Area 51 and Area 53, the spawning SMZs in this paragraph are 
effective until [date 10 years and 30 days from the publication of the 
final rule in the Federal Register]. A person on board a fishing vessel 
may not anchor, use an anchor and chain, or use a grapple and chain 
while in the spawning SMZs specified in paragraph (a)(2) of this 
section. The anchoring prohibition does not apply to fishing vessels in 
the spawning SMZs of Area 51 and Area 53.
    (ii) South Cape Lookout Spawning SMZ is bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  33[deg]53.040'....  76[deg]28.617'.
B...............................  33[deg]52.019'....  76[deg]27.798'.
C...............................  33[deg]49.946'....  76[deg]30.627'.
D...............................  33[deg]51.041'....  76[deg]31.424'.
A...............................  33[deg]53.040'....  76[deg]28.617'.
------------------------------------------------------------------------

    (iii) Devil's Hole/Georgetown Hole Spawning SMZ is bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  32[deg]34.311'....  78[deg]33.220'.
B...............................  32[deg]34.311'....  78[deg]34.996'.
C...............................  32[deg]32.748'....  78[deg]34.996'.
D...............................  32[deg]32.748'....  78[deg]33.220'.
A...............................  32[deg]34.311'....  78[deg]33.220'.
------------------------------------------------------------------------

    (iv) Area 51 Spawning SMZ is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  32[deg]35.25'.....  79[deg]28.6'.
B...............................  32[deg]35.25'.....  79[deg]27'.
C...............................  32[deg]33.75'.....  79[deg]27'.
D...............................  32[deg]33.75'.....  79[deg]28.6'
A...............................  32[deg]35.25'.....  79[deg]28.6'.
------------------------------------------------------------------------

    (v) Area 53 Spawning SMZ is bounded by rhumb lines connecting, in 
order, the following points:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  32[deg]22.65'.....  79[deg]22.25'.
B...............................  32[deg]22.65'.....  79[deg]20.5'.
C...............................  32[deg]21.15'.....  79[deg]20.5'.
D...............................  32[deg]21.15'.....  79[deg]22.25'.
A...............................  32[deg]22.65'.....  79[deg]22.25'.
------------------------------------------------------------------------

    (vi) Warsaw Hole/50 Fathom Hole Spawning SMZ is bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
             Points                   North lat.          West long.
------------------------------------------------------------------------
A...............................  24[deg]22.277'....  82[deg]20.417'.
B...............................  24[deg]22.277'....  82[deg]18.215'.
C...............................  24[deg]20.932'....  82[deg]18.215'.
D...............................  24[deg]20.932'....  82[deg]20.417'.
A...............................  24[deg]22.277'....  82[deg]20.417'.
------------------------------------------------------------------------

    (vii) For the purpose of paragraph (a)(2)(i) of this section, 
transit means direct, non-stop progression through the spawning SMZ. 
Fishing gear appropriately stowedmeans--
    (A) A longline may be left on the drum if all gangions and hooks 
are disconnected and stowed below deck. Hooks cannot be baited. All 
buoys must be disconnected from the gear; however, buoys may remain on 
deck.
    (B) Trawl doors and nets must be out of the water, but the doors 
are not required to be on deck or secured on or below deck.
    (C) A gillnet, stab net, or trammel net must be left on the drum. 
Any additional such nets not attached to the drum must be stowed below 
deck.
    (D) 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.
    (E) A crustacean trap, golden crab trap, or sea bass pot cannot be 
baited. All buoys must be disconnected from the gear; however, buoys 
may remain on deck.
* * * * *
0
3. In Sec.  622.194, revise paragraph (a) to read as follows:


Sec.  622.194   Adjustment of management measures.

* * * * *
    (a) Biomass levels, age-structured analyses, target dates for 
rebuilding overfished species, MSY (or proxy), OY, ABC, TAC, quotas 
(including a quota of zero), annual catch limits (ACLs), annual catch 
targets (ACTs), AMs, maximum fishing mortality threshold (MFMT), 
minimum stock size threshold (MSST), trip limits, bag limits, size 
limits, gear restrictions (ranging from regulation to complete 
prohibition), seasonal or area closures, fishing year, rebuilding 
plans, definitions of essential fish habitat, essential fish habitat, 
essential fish habitat HAPCs or Coral HAPCs, restrictions on gear and 
fishing activities applicable in essential fish habitat and essential 
fish habitat

[[Page 5517]]

HAPCs, and establish or modify spawning SMZs.
* * * * *
[FR Doc. 2017-00859 Filed 1-13-17; 4:15 pm]
 BILLING CODE 3510-22-P