[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Rules and Regulations]
[Pages 10309-10311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02786]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160510416-6999-02]
RIN 0648-BG06


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Yellowtail Snapper Management 
Measures

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). This 
final rule revises the yellowtail snapper commercial and recreational 
fishing year and removes the requirement to use circle hooks for the 
commercial harvest of yellowtail snapper in the Gulf exclusive economic 
zone (EEZ) south of Cape Sable, Florida. The purpose of this final rule 
is to increase the operational efficiency of the yellowtail snapper 
component of the commercial sector of the Gulf reef fish fishery, 
achieve optimum yield, and decrease the regulatory burden of compliance 
with differing regulations established by separate regulatory agencies 
across the adjacent Gulf and South Atlantic jurisdictions.

DATES: This final rule is effective March 13, 2017.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, Regulatory Flexibility Act (RFA) analysis, 
and a regulatory impact review, may be obtained from 
www.regulations.gov or the SERO Web site at http://sero.nmfs.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes 
yellowtail snapper and is managed under the FMP. The FMP was prepared 
by the Gulf 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).
    On October 17, 2016, NMFS published a proposed rule for the 
framework action and requested public comment (FR 81 71471). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework action and implemented by this 
final rule is provided below.
    In the southeastern United States, yellowtail snapper are harvested 
by both commercial and recreational fishers, with landings coming 
almost exclusively from waters adjacent to Florida. Yellowtail snapper 
are managed separately in the Gulf and South Atlantic but are a single 
genetic stock. The 2012 Southeast Data, Assessment, and Review (SEDAR 
27) combined the two areas for stock assessment purposes and indicated 
that yellowtail snapper in the Gulf and South Atlantic were not 
overfished and not experiencing overfishing.

Management Measures Contained in This Final Rule

    This final rule revises the fishing year for Gulf yellowtail 
snapper and the fishing gear requirements for the Gulf yellowtail 
snapper commercial sector.

Yellowtail Snapper Fishing Year

    Previously, the fishing year for both the commercial and 
recreational sectors for yellowtail snapper in the Gulf and the South 
Atlantic was January 1 through December 31. The South Atlantic Fishery 
Management Council changed the yellowtail snapper fishing year in the 
South Atlantic to begin on August 1, and end on July 31, for both the 
commercial and recreational sectors (81 FR 45245, July 13, 2016). This 
final rule similarly revises the fishing year for Gulf yellowtail 
snapper for both the commercial and recreational sectors to be August 1 
through July 31, each year. Although the harvest of yellowtail snapper 
in the Gulf has not exceeded the stock ACL since ACLs were implemented 
in 2011 (76 FR 82044, December 29, 2011), this fishing year revision 
may more closely align any required ACL closure in the Gulf, if one 
were to occur, with any ACL closure in the South Atlantic. In addition, 
having the same fishing year for both the Gulf and South Atlantic would 
benefit those commercial fishers that harvest yellowtail snapper in 
both regions by decreasing the compliance burden of different 
regulations for the same species in adjacent management areas.

Yellowtail Snapper Fishing Gear Requirements

    In the Gulf, a person harvesting reef fish, including yellowtail 
snapper, is required to use non-stainless steel circle hooks when 
fishing with natural bait (50 CFR 622.30(a)). This measure was put in 
place to reduce the post-release mortality of Gulf reef fish. This 
final rule revises this requirement to also allow the use of other non-
stainless steel hook types, such as J-hooks, when commercial fishing 
with natural bait for yellowtail snapper in the area south of a line 
extending due west from 25[deg]09' N. lat. off the west coast of Monroe 
County, Florida, to the Gulf and South Atlantic Councils' shared 
boundary. The northern boundary of the area for this fishing gear 
exemption coincides with a state of Florida species management boundary 
already put in place by the Florida Fish and Wildlife Conservation 
Commission.
    The Gulf Council determined that allowing other hook types for the 
commercial harvest of yellowtail snapper in Federal waters off south

[[Page 10310]]

Florida was appropriate because of the specific fishing method used by 
commercial fishers that allows for quicker de-hooking when the fish are 
caught using J-hooks. Yellowtail snapper fishers have stated that J-
hooks catch in the mouth of fish upon jerking the rod upward when 
fishers feel the fish take the bait. Landed fish are then quickly de-
hooked using a purpose-built rig by pulling the fishing line across a 
horizontal bar, on which the hook catches. Allowing the use of non-
circle hooks, such as J-hooks, is expected to result in less handling 
of undersized fish that need to be discarded, thereby increasing 
efficiency and potentially decreasing post-release mortality. This 
change makes the fishing gear requirements for the commercial harvest 
of yellowtail snapper consistent between the Gulf and South Atlantic. 
In the South Atlantic, snapper-grouper Federal commercial permit 
holders are not required to use circle hooks when fishing for any 
species within the snapper-grouper complex south of 28[deg]00' N. lat.

Comments and Responses

    NMFS received a total of seven comments on the proposed rule. One 
comment supportive of the proposed rule and one comment outside the 
scope of the proposed rule are not addressed in this final rule. 
Specific comments related to the framework action and the proposed 
rule, and NMFS' responses, have been grouped together by topic and are 
summarized below.
    Comment 1: The fishing year for Gulf yellowtail snapper should not 
be revised. Having the same fishing year of August 1 through July 31 
for both the Gulf and South Atlantic limits the opportunity for the 
stock to spawn and to replenish the respective populations. 
Additionally, maintaining different fishing years between the Gulf and 
South Atlantic helps to maintain a more steady opportunity to fish for 
yellowtail snapper.
    Response: NMFS disagrees that the fishing year for Gulf yellowtail 
snapper should not be revised. Although spawning of yellowtail snapper 
in southeastern U.S. waters can occur year-round, their peak spawning 
period is from April to August. By starting the fishing year in August, 
any closure near the end of the fishing year, as a result of meeting 
the annual catch limit, would correspond with the species' peak 
spawning period.
    Additionally, establishing identical fishing seasons for the Gulf 
and South Atlantic is unlikely to affect the opportunity to fish for 
yellowtail snapper because the Gulf stock ACL has not been exceeded 
since ACLs were implemented in 2011. However, aligning the fishing 
years may improve regulatory compliance and reduce the enforcement 
burden. It can be challenging for fishers to abide by different 
regulations in the areas where the Gulf and South Atlantic Councils' 
jurisdictions are adjacent, because a single fishing trip may involve 
fishing in multiple jurisdictions. The change to the fishing year was 
also widely supported in comments provided to the Gulf Council during 
the development of the framework action.
    Comment 2: Circle hooks should continue to be required to fish for 
Gulf yellowtail snapper. Removing the requirement for circle hooks will 
cause increased harm and mortality to released fish, both yellowtail 
snapper and any bycatch.
    Response: NMFS disagrees that allowing the use of hooks other than 
circle hooks for the commercial harvest of yellowtail snapper off of 
the southwest coast of Florida will cause increased harm and mortality 
to released fish. The change in fishing gear requirements to allow for 
the use of J-hooks is only for the limited area of the Gulf just south 
of Cape Sable on the west coast of Florida, where the majority of 
commercial yellowtail snapper in the Gulf are caught. The requirement 
for circle hooks will remain in effect for the rest of the Gulf EEZ.
    Commercial yellowtail snapper fishers use chum bags on the surface 
to attract yellowtail snapper to the stern of the fishing vessel, and 
then use natural bait on small hooks to catch and land the fish. Circle 
hooks are designed to be swallowed by the fish, come back up the fish's 
esophagus as the fish swims away, and finally hook the fish in the 
mouth. This practice requires fishers to allow the fish to swim off 
with the bait and then become hooked. Directed commercial yellowtail 
snapper fishing practices do not accommodate allowing a fish to swim 
off with the bait, which prevents the use of circle hooks as they are 
designed. Commercial yellowtail snapper fishers also use a fishing 
method that allows them to release yellowtail snapper which have been 
caught with J-hooks more easily than those caught with circle hooks, 
resulting in decreased handling times for fish which are to be 
discarded. Decreased handling times of yellowtail snapper by fishers 
may help reduce discard mortality rates. In addition, fishers can 
proactively prevent other fish species from taking bait at the surface, 
largely due to the close proximity of the fisher to the bait, which 
facilitates a direct view of feeding activity and identification of the 
fish.
    Comment 3: The change in hook requirements should apply to both the 
recreational and commercial harvest of yellowtail snapper because 
recreational fishers use the same technique as commercial fishers to 
harvest these fish.
    Response: The Council determined, and NMFS agrees, that it is not 
necessary to change the circle hook requirement for the recreational 
sector at this time. Landings of yellowtail snapper in the Gulf come 
almost exclusively from waters adjacent to Florida, with over 97 
percent of these landings, on average, by the commercial sector. Some 
commercial yellowtail snapper fishers reported that the small circle 
hooks necessary to target yellowtail snapper are more likely to be 
swallowed completely into the fish's stomach. This makes it more likely 
that the hook will snag somewhere in the fish's digestive track and 
makes it more difficult to release fish quickly, which reduces 
efficiency. The Council did not consider changing the hook requirement 
for the recreational sector because of the inherent multi-species 
nature of recreational fishing activities when yellowtail snapper are 
included, and because there was no expressed need to increase 
operational efficiency in the recreational fishing sector, which 
harvests only a small percentage of the total yellowtail snapper 
landings.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the framework amendment, the 
FMP, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this final rule 
would not have a significant economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No significant issues 
were received regarding the certification from public comments on the 
proposed

[[Page 10311]]

rule, no changes were made to the final rule in response to such 
comments, and NMFS has not received any new information that would 
affect its previous determination. As a result, a final regulatory 
flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, South Atlantic, Yellowtail 
snapper, Gear, Bycatch.

    Dated: February 7, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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.  622.7, add paragraph (g) to read as follows:


Sec.  622.7   Fishing years.

* * * * *
    (g) Gulf of Mexico yellowtail snapper--August 1 through July 31.

0
3. In Sec.  622.30, revise paragraph (a) to read as follows:


Sec.  622.30   Required fishing gear.

* * * * *
    (a) Non-stainless steel circle hooks. Non-stainless steel circle 
hooks are required when fishing with natural baits, except that other 
non-stainless steel hook types may be used when commercial fishing for 
yellowtail snapper with natural baits in an area south of a line 
extending due west from 25[deg]09' N. lat. off the west coast of Monroe 
County, Florida, to the Gulf of Mexico and South Atlantic inter-council 
boundary, specified in Sec.  600.105(c).
* * * * *
[FR Doc. 2017-02786 Filed 2-9-17; 8:45 am]
 BILLING CODE 3510-22-P