[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50056-50059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21635]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BH92


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Revisions to Sea Turtle 
Release Gear; Amendment 49

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has

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submitted Amendment 49 to the Fishery Management Plan (FMP) for the 
Reef Fish Resources of the Gulf of Mexico (Gulf) (Amendment 49) for 
review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 49 would add three new devices as 
options for fishermen to meet requirements for sea turtle release gear, 
and would simplify and clarify the requirements for other sea turtle 
release gear. The new devices would provide additional options to 
fulfill existing requirements for carrying sea turtle release gear on 
board vessels with Federal Gulf commercial or charter vessel/headboat 
reef fish permits. Amendment 49 would also modify the FMP framework 
procedure to allow for future changes to release gear and handling 
requirements for sea turtles and other protected resources. The purpose 
of Amendment 49 is to allow the use of new devices to safely handle and 
release incidentally captured sea turtles, clarify existing 
requirements, and streamline the process for making changes to the 
release devices and handling procedures for sea turtles and other 
protected species.

DATES: Written comments on Amendment 49 must be received by December 3, 
2018.

ADDRESSES: You may submit comments on Amendment 49 identified by 
``NOAA-NMFS-2018-0087'' 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-2018-0087, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Susan Gerhart, 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 the required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 49 may be obtained 
www.regulations.gov or from the Southeast Regional Office website at 
https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html. Amendment 49 includes an environmental 
assessment, a fishery impact statement, a regulatory impact review, and 
a Regulatory Flexibility Act analysis.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or FMP amendment to NMFS 
for review and approval, partial approval, or disapproval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    The FMP being revised by Amendment 49 was prepared by the Council, 
and Amendment 49, if approved, would be implemented by NMFS through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Act.

Background

    The Endangered Species Act (ESA) directs all Federal agencies to 
insure that any action they authorize, fund, or carry-out does not 
jeopardize the continued existence of endangered or threatened species, 
or destroy or adversely modify designated critical habitat. The ESA 
requires that any Federal agency proposing an action that may adversely 
affect ESA-listed species or critical habitat formally consult with the 
U.S. Fish and Wildlife Service or NMFS (i.e., consulting agencies).
    In February 2005, NMFS issued a biological opinion (2005 BiOp), in 
accordance with section 7 of the ESA, that evaluated the impact of the 
Gulf reef fish fishery on endangered sea turtles and smalltooth 
sawfish. The 2005 BiOp concluded that the anticipated incidental take 
of sea turtles and smalltooth sawfish by the Gulf reef fish fishery was 
not likely to jeopardize their continued existence, or destroy or 
adversely modify designated critical habitat; however, the 2005 BiOp 
required that reasonable and prudent measures be taken to minimize 
stress and increase the survival rates of any sea turtles and 
smalltooth sawfish taken in the fishery.
    In response to the 2005 BiOp, the Council developed measures in 
Amendment 18A to the FMP to increase the likelihood of survival of 
released sea turtles and smalltooth sawfish caught incidentally in the 
Gulf reef fish fishery. The final rule implementing Amendment 18A 
required vessels with Federal commercial or charter vessel/headboat 
permits for Gulf reef fish to possess a specific set of release gear, 
and comply with sea turtle and smalltooth sawfish handling and release 
protocols and guidelines (71 FR 45428, August 9, 2006). Fishermen on 
these same federally permitted vessels are also required to maintain a 
reference copy of the NMFS sea turtle handling and release protocols 
document titled, ``Careful Release Protocols for Sea Turtle Release 
with Minimal Injury'' (Release Protocols), in the event a sea turtle is 
incidentally captured. These Gulf reef fish permit holders are also 
required to post a NMFS placard of sea turtle handling and release 
guidelines inside the wheelhouse, or in an easily viewable area on the 
vessel if there is no wheelhouse.
    Since implementation of Amendment 18A in 2006, the Release 
Protocols have been revised twice, once in 2008, and again in 2010. 
Currently, NMFS is drafting a revision to the Release Protocols and 
would include the recently approved sea turtle release devices if NMFS 
implements Amendment 49. However, fishermen participating in the reef 
fish fishery cannot use these devices to meet sea turtle release gear 
requirements until they are implemented via regulations.

Actions Contained in Amendment 49

    Amendment 49 would add three new sea turtle handling and release 
devices, clarify the requirements for other currently required gear, 
and modify the FMP framework procedure to include future changes to 
release gear and handling requirements for sea turtles and other 
protected resources. NMFS and the Council are proposing these changes 
to provide additional flexibility to fishermen in complying with sea 
turtle release gear requirements, to aid fishermen and law enforcement 
with compliance and enforcement efforts by clarifying existing 
requirements, and to allow for more rapid implementation of regulatory 
changes to release gear and handling requirements.

New Sea Turtle Release Gear

    The final rule for Amendment 18A established the requirement for 
sea turtle release gear to be carried on board vessels with Federal 
commercial and charter vessel/headboat reef fish permits, and specified 
the devices allowed to meet this requirement.

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Amendment 49 would add three new sea turtle release and handling 
devices that have been approved for use by the NMFS Southeast Fisheries 
Science Center (SEFSC), providing more options for fishermen to fulfill 
the sea turtle gear requirements. Details of the construction 
requirements for these new devices can be found in Amendment 49, and 
would be included in the new Release Protocols, if subsequently 
approved by NMFS. NMFS expects the proposed new release devices would 
increase flexibility for fishermen and regulatory compliance within the 
fishery, which may result in positive benefits to sea turtles.
    Two of the new sea turtle handling devices are a collapsible hoop 
net and a sea turtle hoist (net). Both of these devices are more 
compact versions of the currently required long-handled dip net, and 
would be used for bringing an incidentally captured sea turtle on board 
the fishing vessel to remove fishing gear from the sea turtle. For the 
collapsible hoop net, the net portion is attached to hoops made of 
flexible stainless steel cable; when the collapsible hoop net is folded 
over on itself for storage, its size reduces to about half of its 
original diameter. Additionally, there are two versions of the sea 
turtle hoist. One version consists of the net portion securely fastened 
to a frame, providing a relatively taut platform for the sea turtle to 
be brought on board. Another version creates a basket with the frame 
and net that holds the sea turtle as it is brought on board. Both the 
collapsible hoop net and the sea turtle hoist use rope handles attached 
to either side of the frame, in place of the rigid handle on the dip 
net. Generally, the collapsible hoop net or hoist would be used to 
bring sea turtles on board vessels with a high freeboard when it is not 
feasible to use a dip net.
    The third new device is a dehooker that can be used to remove an 
externally embedded hook from a sea turtle. This device has a squeeze 
handle that secures the hook into notches at the end of the shaft of 
the dehooker, so the hook can be twisted out. This new device would 
provide another option for fishermen to comply with the regulation for 
a short-handled dehooker for external hooks.

Requirements for Existing Sea Turtle Release Gear

    Amendment 49 also would also update the requirements of some 
currently approved devices for clarity and simplicity, and to aid 
fishermen and law enforcement with compliance and enforcement efforts. 
These updates would include more specific measurements for sea turtle 
release gear. The revisions would provide for either a minimum size 
dimension or a size range for the short-handled dehookers for external 
and internal hooks, bite block on the short-handled internal use 
dehooker, long-nose or needle-nose pliers, bolt cutters, and the block 
of hard wood and hank of rope when used as mouth openers and gags. 
Other proposed changes are listed below.
    Current regulations specify that short and long-handled dehookers 
must be constructed of 316L stainless steel, which is resistant to 
corrosion from salt water. The SEFSC has also approved 304L stainless 
steel for the construction of all short-handled and long-handled 
dehookers. This proposed additional grade of stainless steel is 
commonly available and is also corrosion resistant.
    Another required device to assist with removing fishing gear from a 
sea turtle is a pair of monofilament line cutters. Current regulations 
state that the monofilament line cutters must have cutting blades of 1-
inch (2.54 cm) in length (Appendix F to 50 CFR part 622). However, 
SEFSC has clarified that the blade length must be a minimum of 1 inch 
(2.54 cm) but could be longer.
    Another required gear type is mouth openers and gags, used to hold 
a sea turtle's mouth open to remove fishing gear. At least two of the 
seven types of mouth openers and gags are required on board. Current 
regulations state the canine mouth gags, an option for this gear 
requirement, must have the ends covered with clear vinyl tubing, 
friction tape, or similar, to pad the surface. However, SEFSC 
determined that this was not necessary and could result in the canine 
mouth gags not functioning properly. Amendment 49 would remove the 
requirement to cover the ends of the canine mouth gags with these 
materials from the regulations.
    Lastly, a life-saving device on a vessel, such as a personal 
flotation device or life ring buoy, may currently be used as the 
required cushion or support device for a sea turtle brought on board a 
vessel to remove fishing gear. However, Amendment 49 would add language 
to clarify that any life-saving device used to fulfill the sea turtle 
safe handling requirements cannot also be used to meet U.S. Coast Guard 
safety requirements of one flotation device per person on board the 
vessel.

FMP Framework Procedure

    Currently, adding or changing careful release devices and protocols 
for incidentally caught sea turtles and other protected species 
requires an amendment to the FMP. This limits the Council and NMFS' 
ability to implement new release devices and handling requirements in a 
timely manner. Amending the FMP through the FMP amendment rulemaking 
process generally involves more detailed analyses and a lengthier 
timeline prior to implementation than rulemaking done through a 
framework procedure. However, the FMP contains a framework procedure to 
allow the Council to modify certain management measures via an 
expedited process (see 50 CFR 622.42). The FMP framework procedure was 
last modified by the final rule implementing Amendment 38 to the FMP 
(78 FR 6218, January 30, 2013).
    Amendment 49 would allow changes to the sea turtle release gear and 
handling techniques under the framework procedure. For example, the 
Council could more quickly add a new release device for sea turtles if 
approved by the SEFSC. The Council decided that making these changes 
through an expedited process may have beneficial biological and socio-
economic impacts, especially if the changes respond to newer 
information. The Council concluded that the framework procedure would 
still allow adequate time for the public to comment on any future 
proposed regulatory changes.

Proposed Rule for Amendment 49

    A proposed rule that would implement Amendment 49 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 49 for Secretarial review, 
approval, and implementation. Comments on Amendment 49 must be received 
by December 3, 2018. Comments received during the respective comment 
periods, whether specifically directed to Amendment 49 or the proposed 
rule will be considered by NMFS in the decision to approve, disapprove, 
or partially approve Amendment 49. Comments received after the comment 
periods will not be considered by NMFS in this decision. All comments 
received by NMFS on the amendment or the proposed rule during their 
respective comment periods will be addressed in the final rule.

    Authority: 16 U.S.C. 1801 et seq.


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    Dated: October 1, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-21635 Filed 10-3-18; 8:45 am]
 BILLING CODE 3510-22-P