[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Rules and Regulations]
[Pages 5210-5212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02314]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170619570-8056-02]
RIN 0648-BG92


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to the Number of 
Unrigged Hooks Carried On Board Bottom Longline Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 5211]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in an abbreviated 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 
(Council). This final rule removes the limit on the number of unrigged 
hooks that a commercial reef fish vessel with a bottom longline 
endorsement is allowed on board when using or carrying bottom longline 
gear in the Federal waters of the eastern Gulf. This final rule does 
not change the limit of 750 hooks that these vessels can have rigged 
for fishing at any given time. The purpose of this final rule is to 
reduce the regulatory and potential economic burden to bottom longline 
fishers.

DATES: This final rule is effective February 6, 2018.

ADDRESSES: Electronic copies of the abbreviated 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 website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/Unrigged%20hooks/Unrigged_hooks_index.html.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS SERO, telephone: 
727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes the 
commercial bottom longline component and is managed under the FMP. The 
Council prepared the FMP and NMFS implements the FMP under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Steven Act) through regulations at 50 CFR part 622.
    On October 30, 2017, NMFS published a proposed rule for the 
framework action and requested public comment (82 FR 50104). The 
proposed rule and framework action outline the rationale for the action 
contained in this final rule. A summary of the management measure 
described in the framework amendment and implemented by this final rule 
is provided below.

Management Measure Contained in This Final Rule

    This final rule removes the current limitation on the number of 
unrigged hooks allowed per bottom longline vessel in the eastern Gulf 
exclusive economic zone (EEZ), while retaining the limit of 750 hooks 
that can be rigged for fishing.
    The limitation on the number of unrigged hooks was put in place by 
Amendment 31 to the FMP, which contained several management measures to 
reduce sea turtle takes by the bottom longline component of the Gulf 
reef fish fishery (75 FR 21512; April 26, 2010). Since the 
implementation of Amendment 31, bottom longline endorsement holders 
using bottom longline gear in the eastern Gulf EEZ have reported 
increases in bottom longline hook losses due to shark bite-offs and 
through normal fishing effort. Therefore, vessel operators who use 
bottom longline gear in the eastern Gulf EEZ requested that the Council 
increase the number of total unrigged hooks per vessel, while still 
keeping in place the restriction of 750 hooks rigged to fish at any one 
time.
    Observer data from 2010-2016 have shown the average amount of hooks 
lost per commercial bottom longline trip in the eastern Gulf EEZ is 300 
hooks. Under the current total possession limit of 1,000 hooks, if more 
than 250 hooks are lost, a vessel either has to fish with fewer than 
750 hooks, get additional hooks from other vessels to maintain the 
maximum number of hooks in the water, or return to port. Removing the 
restriction on the total number of hooks kept on board is expected to 
make trips more economical by allowing fishing with the maximum number 
of hooks to continue without having to return to port or request 
additional hooks from other vessels. In addition, maintaining the 
current limit of 750 hooks rigged for fishing preserves the reductions 
in sea turtle interactions since the implementation of Amendment 31.

Comments and Responses

    A total of 20 comments were received on the proposed rule for the 
framework action. Eleven comments were in support of the proposed rule 
and five comments disagreed with the proposed rule. Comments supporting 
the rule stated that removing the 1,000 hooks per vessel restriction 
would allow vessels to carry adequate replacement hooks, possibly 
increase net benefits, and ease the burden on law enforcement. Other 
comments that were outside the scope of the proposed rule and, 
therefore, are not addressed here, stated that longline fishing should 
be prohibited in the Gulf or regulated more strictly. Specific comments 
opposed to the framework action and the proposed rule are grouped as 
appropriate and summarized below, followed by NMFS' respective 
responses.
    Comment 1: The hook restriction should not be removed. Instead the 
hook limit should be based on an estimate of hooks lost per day and the 
total trip length, or the total number of hooks should be increased to 
a higher defined level.
    Response: NMFS disagrees that some form of the unrigged hook 
restriction should remain in place. It would be difficult to establish 
a hook limit based on an estimate of hooks lost per day and the total 
trip length because trip length can vary with every trip due to 
unexpected circumstances such as weather, vessel mechanics, or 
personnel issues. So although an estimate of hooks lost per day can be 
calculated from observer records, this average could not be accurately 
applied to each vessel at the beginning of each trip. The Council did 
consider two options for increasing the total number hooks allowed per 
vessel. However, the Council determined, and NMFS agrees, that those 
alternatives would increase the burden on law enforcement by requiring 
officers to count a greater number of unrigged hooks to verify 
compliance while providing no additional benefit to sea turtles because 
it is the number of hooks in the water that impacts the frequency of 
interactions.
    Comment 2: Allowing an unlimited number of unrigged hooks will 
allow vessels to stay out longer and fish more, which could lead to 
overfishing and more interactions with protected species.
    Response: NMFS disagrees that allowing an unlimited number of 
unrigged hooks on bottom longline vessels will lead to overfishing or 
more interactions with protected species. The management measures in 
place restrict the harvest of target species and preserve the 
reductions in sea turtle interactions since the implementation of 
Amendment 31. The species targeted by the eastern bottom longline 
component of the reef fish fishery in the Gulf EEZ are managed under 
the Individual Fishing Quota (IFQ) programs established in Amendments 
26 and 29 to the FMP (71 FR 67447; November 22, 2006, and 74 FR 44732; 
August 31, 2009, respectively). Under the IFQ programs, harvest is 
strictly controlled and since the implementation of these programs 
landings of IFQ species have been constrained to the applicable annual 
commercial quotas. To limit interactions with protected sea turtles, 
bottom longline fishing in the eastern Gulf EEZ is restricted by an 
annual seasonal closure for the months of June

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through August, and vessels are still limited to 750 hooks rigged for 
fishing.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the framework action, 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.
    This final rule is considered a deregulatory action under Executive 
Order 13771.
     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 adverse 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 public comments were 
made related to the economic implications and potential impacts on 
small businesses. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.
    This rule is exempt from the requirement to delay the effectiveness 
of a final rule by 30 days after publication in the Federal Register, 
under 5 U.S.C. 553(d)(1), because the measure implemented by this final 
rule relieves a restriction on the regulated community. Specifically, 
this rule removes the restriction on the number of unrigged hooks that 
a commercial reef fish vessel with a bottom longline endorsement is 
allowed on board. This is expected to improve fishers' ability to 
maintain the maximum number of rigged hooks over the duration of a trip 
and to make trips more economical by allowing fishing with the maximum 
number of hooks to continue without having to return to port or request 
additional hooks from other vessels.

List of Subjects in 50 CFR Part 622

    Bottom longline gear, Fisheries, Fishing, Gulf of Mexico, Reef 
fish.

    Dated: February 1, 2018.
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 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.  622.35, revise the first sentence of paragraph (b)(3) to 
read as follows:


Sec.  622.35  Gear restricted areas.

* * * * *
    (b) * * *
    (3) Within the Gulf EEZ east of 85[deg]30' W long., a vessel for 
which a valid eastern Gulf reef fish bottom longline endorsement has 
been issued that is fishing bottom longline gear or has bottom longline 
gear on board cannot possess more than 750 hooks rigged for fishing at 
any given time. * * *
* * * * *
[FR Doc. 2018-02314 Filed 2-5-18; 8:45 am]
 BILLING CODE 3510-22-P