[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29772-29776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13751]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 161020986-7352-02]
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: Final rule.

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

SUMMARY: NMFS issues 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). This final rule modifies the FMP 
framework procedures to allow spawning special management zones (SMZs) 
to be established or modified through the framework process; 
establishes spawning SMZs off North Carolina, South Carolina, and 
Florida; establishes transit and anchoring provisions in the spawning 
SMZs; and establishes a sunset provision for most of the spawning SMZs. 
This final rule also moves the boundary of the existing Charleston Deep 
Artificial Reef Marine Protected Area (MPA). The purpose of this final 
rule is to protect spawning snapper-grouper species and the habitat 
where they spawn, and to reduce bycatch and bycatch mortality for 
snapper-grouper species, including speckled hind and warsaw grouper.

DATES: This final rule is effective July 31, 2017.

ADDRESSES: 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).
    On January 4, 2017, NMFS published a notice of availability of 
Amendment 36 and requested public comment (82 FR 810). On January 18, 
2017, NMFS published the proposed rule to implement Amendment 36 and 
requested public comment (82 FR 5512). The proposed rule and Amendment 
36 outline the rationale for the actions contained in this final rule. 
A summary of the actions implemented by Amendment 36 and this final 
rule is provided below.

Management Measures Contained in This Final Rule

    This final rule modifies the FMP framework procedures to allow 
spawning SMZs to be established or modified through the framework 
process; establishes spawning SMZs off North Carolina, South Carolina, 
and Florida; establishes transit and anchoring provisions in the 
spawning SMZs; establishes a sunset provision for

[[Page 29773]]

most of the spawning SMZs; and moves 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

    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). In Amendment 36 and this final 
rule, the Council has included changes to spawning SMZs, such as 
boundary modifications and the establishment or removal of spawning 
SMZs, under the framework process. For example, this final rule allows 
the Council to remove a spawning SMZ if monitoring efforts do not 
document evidence of spawning snapper-grouper species within the 
boundary. The revisions to the FMP framework procedures also allow the 
Council to remove the 10-year sunset provision for a spawning SMZ if 
monitoring efforts document snapper-grouper species' spawning inside a 
spawning SMZ. The Council 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 
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 Council is establishing five snapper-grouper spawning SMZs in 
the South Atlantic off North Carolina, South Carolina, and Florida. 
This final rule prohibits fishing for or harvest of snapper-grouper 
species year-round in the spawning SMZs. The final rule establishes 
other restrictions in the spawning SMZs, including transiting with 
snapper-grouper species on board and anchoring.
    The spawning SMZ off North Carolina is called South Cape Lookout 
(5.1 sq mi; 13.2 sq km). The final rule establishes three spawning SMZs 
off South Carolina that are 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 spawning SMZ off the east 
coast of the Florida Keys is called Warsaw Hole/50 Fathom Hole (3.64 sq 
mi; 9.4 sq km).
    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 is expected to 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 introduce 
more eggs and larvae into the environment.

Establish Transit and Anchoring Provisions in Spawning SMZs

    This final rule allows fishing vessels to transit through the 
spawning SMZs with snapper-grouper species on board only 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 are 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. 
Except under the limited condition to possess snapper-grouper species 
while transiting a spawning SMZ with fishing gear properly stowed, 
vessels in the spawning SMZs are prohibited from fishing for, 
harvesting, or possessing snapper-grouper species year-round in these 
areas. Except for the Area 51 and Area 53 Spawning SMZs off South 
Carolina, persons on board a fishing vessel are not allowed to anchor, 
use an anchor or chain, or use a grapple and chain while in spawning 
SMZs. Fishermen continue to be allowed to troll for pelagic species 
such as dolphin, tuna, and billfish in spawning SMZs.

Establish a Sunset Provision for Most Spawning SMZs

    This final rule implements 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. Therefore, 
except for Areas 51 and 53, the spawning SMZs and their associated 
management measures are effective for 10 years following the 
implementation of this final rule for Amendment 36. For the spawning 
SMZs and management measures subject to the sunset provision to extend 
beyond 10 years, the Council would need to take further action. The 
Council will regularly evaluate all of the spawning SMZs over the 10-
year period.

Move the Existing Charleston Deep Artificial Reef MPA

    This final rule moves 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 final rule does not change the size of the existing MPA. The 
Council originally designated the current area as an artificial reef 
site in Amendment 14 to the FMP (74 FR 1621, January 13, 2009). 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 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 Codified Through 
This Final Rule

    In addition to the management measures that this final rule 
implements, Amendment 36 includes an action to modify the SMZ 
procedures in the FMP to allow for the designation of spawning SMZs. 
The Council will 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. Additionally, the Council 
concluded that designating the spawning SMZ sites through this final 
rule, and subsequent changes to regulations, would enhance reproduction 
for snapper-grouper species and thus increase the number of eggs and 
larvae that are produced by the species.

Comments and Responses

    NMFS received a total of 101 comments on the notice of availability 
and proposed rule for Amendment 36. The commenters included commercial, 
private recreational, and charter vessel fishing entities, as well as 
recreational divers, non-governmental organizations, and individuals 
from the general public. Comments both supported additional protections 
for spawning fish through

[[Page 29774]]

implementation of spawning SMZs and opposed the implementation of any 
spatial closures in the South Atlantic. The majority of comments 
received from the public during the comment period were supportive of 
the actions in Amendment 36 to establish spawning SMZs to protect 
spawning snapper-grouper species. NMFS' responses to comments that 
specifically relate to the actions contained in Amendment 36 and the 
proposed rule are summarized below.
    Comment 1: NMFS should not establish additional fishing area 
closures to protect spawning fish. The data used to determine potential 
spawning SMZ sites are flawed and the sites were arbitrarily selected. 
Additionally, the science does not support the use of MPAs or similarly 
named spatial closures as a viable management option.
    Response: NMFS disagrees that the spawning SMZ sites were 
arbitrarily selected and that the data used are flawed. The Council 
used a variety of data sources to select spawning SMZ sites. Data 
sources included the Southeast Reef Fish Survey, habitat mapping 
research, and cooperative research projects that identified locations 
where snapper-grouper species occur, including spawning fish. In 
addition, multiple groups provided input on site selection to protect 
spawning fish while reducing social and economic impacts to fishermen. 
These groups included fishermen on the Council's MPA Expert Work Group 
and Snapper-Grouper Advisory Panel (Snapper-Grouper AP) who could be 
affected by the spawning SMZs. Finally, the Council evaluated comments 
and recommendations from the public during meetings such as public 
hearings and scoping meetings. The NMFS Southeast Fisheries Science 
Center reviewed the data and analyses contained in Amendment 36 and 
certified it to be based on the best scientific information available.
    NMFS disagrees that spatial closures are not a viable management 
option for protecting spawning snapper-grouper species. Areas closed to 
protect known spawning locations of fish species have been shown to 
provide positive biological and socio-economic benefits. The spawning 
SMZs implemented by this final rule are expected to result in 
additional protections for spawning snapper-grouper, while potentially 
providing positive economic effects by increasing future stock size and 
sustainability. Should monitoring efforts highlight the need for the 
adjustment of an area or the removal of a spawning SMZ if spawning 
snapper-grouper species are not documented in the area, this final rule 
will allow the Council to modify spawning SMZs. If the Council does not 
take any subsequent action to modify or renew the spawning SMZs, most 
of the spawning SMZs would expire automatically after the 10-year 
sunset provision in this final rule.
    Comment 2: NMFS is establishing spawning SMZs without any regard 
for the economic and social impacts on fishermen and coastal 
communities.
    Response: NMFS disagrees. The Magnuson-Stevens Act requires NMFS to 
consider and analyze the economic and social impacts of proposed 
management actions. Amendment 36 and this final rule recognize that 
negative short-term economic effects resulting from restrictions in 
fishing opportunities in the designated spawning SMZs may occur. The 
spawning SMZs are small (combined total area is 17.71 square miles) 
relative to all available fishing grounds in the South Atlantic, and 
the total estimated economic loss of ex-vessel revenue for the entire 
commercial sector is $1,605 annually. NMFS assumes that any reduction 
in ex-vessel revenue from this final rule would be minimized based on 
the small size of each spawning SMZ area and the high likelihood that 
commercial vessels would substitute landings of snapper-grouper species 
in other areas. Also, the allowance for transit and trolling for 
pelagic species could reduce economic impacts from this final rule to 
fishermen.
    Comment 3: The spawning SMZs should be closed to all fishing 
methods. Research has shown that snapper-grouper species, including 
warsaw grouper and speckled hind, can be harvested through the 
deployment of trolling gear. Allowing trolling of any kind could 
undermine the potential effectiveness of a spawning SMZ and would make 
enforcement of the provision that allows transiting with snapper-
grouper species on board difficult.
    Response: Amendment 36 and this final rule allow fishermen to troll 
for pelagic species in the spawning SMZs but do not allow fishing 
vessels to have snapper-grouper species on board. The final rule allows 
fishing vessels to possess snapper-grouper species on board while in a 
spawning SMZ only if the vessel is transiting through the spawning SMZ 
directly and without stopping, and if fishing gear is appropriately 
stowed and unavailable for immediate use (e.g., terminal gear, like 
hooks and weights, must be disconnected and stowed separately from a 
rod and reel). Therefore, law enforcement would be able to determine 
the difference between fishing vessels that are trolling for pelagic 
species and fishing vessels that are transiting the spawning SMZs with 
snapper-grouper species on board through visual inspection of the gear 
and the species on board. The trolling and transit allowances were 
discussed by the Council and included in Amendment 36 as a way to 
reduce the economic and social impacts of spatial closures on the 
fishing community and address concerns about safety at-sea, 
respectively.
    Comment 4: Fishing for snapper-grouper species and anchoring in the 
spawning SMZs should be exempted for spear fishermen. Spear fishing is 
a selective gear type and large catches of snapper-grouper are not 
expected to occur through its use.
    Response: In all of the spawning SMZs implemented by this final 
rule, the fishing for, harvest, or possession (except while transiting 
through a spawning SMZ) of snapper-grouper species is prohibited year-
round. While NMFS agrees that spear fishing is a selective fishing gear 
with lower bycatch potential compared to other fishing methods, spear 
fishing could remove larger fish that are important to spawning. 
Prohibiting spear fishing in spawning SMZs is expected to provide 
protection to spawning snapper-grouper species to meet the objectives 
of Amendment 36.
    Comment 5: Establishing Warsaw Hole as a spawning SMZ should be 
removed from consideration in Amendment 36. Fish caught in the Warsaw 
Hole and surrounding area (particularly greater amberjack) make up the 
majority of some fishermen's annual income in Key West, Florida, and 
fishing in the area results in little to no discards. Additionally, the 
majority of landings around Warsaw Hole occur north of 24[deg]21' N. 
lat., within the 1.8-square mile area included in another sub-
alternative. However, if the Warsaw Hole Spawning SMZ must be 
established, the alternative consisting of a 0.9-square mile area is 
recommended over the preferred alternative of a 3.6-square mile area. 
The 0.9-square mile area would provide the least amount of negative 
economic impact to fishermen in Key West, Florida.
    Response: The Council's objective for the protection of Warsaw Hole 
is to implement a spawning SMZ that would maximize the probability that 
snapper-grouper species, including warsaw grouper and greater 
amberjack, reform spawning aggregations at this site while balancing 
both short and long-term social and economic impacts to fishermen. To 
accomplish this objective,

[[Page 29775]]

the Council determined the spawning SMZ should cover the shelf edge 
around the hole where greater amberjack spawn. After evaluating a 
spawning SMZ of different sizes around Warsaw Hole, the Council 
concluded that the 3.6-square mile area for the Warsaw Hole Spawning 
SMZ best meets this objective.
    NMFS acknowledges that there may be short-term negative social and 
economic impacts from the spawning SMZ being implemented for Warsaw 
Hole. The Council considered these economic impacts but determined that 
the enhanced reproduction for snapper-grouper species and, 
subsequently, the increased the number of eggs and larvae that are 
produced as a result of this added protection, would be expected to 
result in long-term indirect economic benefits to commercial and 
recreational fishermen. In the end, the Council concluded that the 3.6-
square mile area for the Warsaw Hole Spawning SMZ best meets the 
objectives of Amendment 36 by creating positive impacts, while 
balancing both short and long-term social and economic impacts.
    Comment 6: The Council should adopt the 3.6-square mile area as a 
spawning SMZ for Warsaw Hole and the 13.3-square mile area as a 
spawning SMZ for Daytona Steeples. These two alternatives together 
would provide the greatest amount of protection to spawning snapper-
grouper species off Florida.
    Response: The Council selected the 3.6-square mile area around 
Warsaw Hole as the only spawning SMZ off Florida. Extensive input from 
the Council's Snapper-Grouper AP and the public indicated that there 
would be support for a spawning SMZ at Daytona Steeples if there were 
data on spawning snapper-grouper species or habitat in the area. The 
Council considered a spawning SMZ in the Daytona Steeples area but 
agreed with the Snapper-Grouper AP and public about the lack of 
available data on spawning snapper-grouper species or habitat and 
decided not to propose any spawning SMZ in the Daytona Steeples area.
    Comment 7: The details in the system management plan (SMP) for the 
spawning SMZs, such as cost, monitoring, and evaluation techniques, 
should have been fully developed before the proposed sites in Amendment 
36 were presented to the Council.
    Response: The SMP for the spawning SMZs was developed in 
conjunction with Amendment 36 to outline the data and research needed 
to monitor and evaluate the spawning SMZs and guide researchers 
applying for project funding. The SMP outlines the estimated project 
costs for each study type to aid fishery managers in determining 
research priorities. The purpose of the SMP is not to outline the 
specific methods and costs. The Council acknowledged that the SMP will 
likely be modified over time as research projects are implemented. One 
of the primary tasks for the SMP was to recommend development of an 
advisory panel to the Council. The advisory panel would be used to 
further develop specific projects to monitor spawning SMZs.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 36, the 
FMP, the Magnuson-Stevens Act, and other applicable laws.
    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 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. Public comments relating to 
socio-economic implications and potential impacts on small businesses 
are addressed in the responses to Comments 2, 3, and 4 in the Comments 
and Responses section of this final rule. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.

Change to Codified Text From the Proposed Rule

    In this final rule, NMFS makes one change to the coordinates table 
for the Devil's Hole/Georgetown Hole Spawning SMZ. In the proposed 
rule, the coordinate points for this spawning SMZ were listed in a 
counter-clockwise order when plotted on a map or chart. The points for 
all other coordinate tables of the spawning SMZs in the proposed rule 
were listed in a clockwise order. This final rule revises the order of 
the coordinates for the Devil's Hole/Georgetown Hole Spawning SMZ to 
list them in a clockwise order, to be consistent with the other 
spawning SMZs in this final rule.

List of Subjects in 50 CFR Part 622

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

    Dated: June 27, 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 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 August 2, 2027. 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:

[[Page 29776]]



------------------------------------------------------------------------
              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]34.996'
B................................  32[deg]34.311'      78[deg]33.220'
C................................  32[deg]32.748'      78[deg]33.220'
D................................  32[deg]32.748'      78[deg]34.996'
A................................  32[deg]34.311'      78[deg]34.996'
------------------------------------------------------------------------

    (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:

------------------------------------------------------------------------
              Point                    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 stowed means--
    (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 HAPCs, and establish or modify spawning SMZs.
* * * * *
[FR Doc. 2017-13751 Filed 6-29-17; 8:45 am]
BILLING CODE 3510-22-P