[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Proposed Rules]
[Pages 53839-53846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23288]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180427420-8420-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 49 to the Fishery Management Plan (FMP) for the Reef Fish 
Resources of the Gulf of Mexico (Gulf) (Amendment 49), as prepared by 
the Gulf of Mexico Fishery Management Council (Council). This proposed 
rule would add three new devices to the Federal regulations as options 
for fishermen to meet requirements for sea turtle release gear and 
would update the regulations to 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. This proposed rule 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 must be received by November 26, 2018.

ADDRESSES: You may submit comments on the proposed rule 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 (RFA) analysis.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. 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) (16 U.S.C. 1801 et seq.).

Background

    The Endangered Species Act (ESA) directs all Federal agencies to 
insure that any action they authorize, fund, or carry-out is not likely 
to 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 ESA-listed sea turtles and smalltooth 
sawfish. The

[[Page 53840]]

2005 BiOp concluded that the anticipated incidental take of sea turtles 
and smalltooth sawfish by the Gulf reef fish fishery is 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 fishermen on 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). The final rule also required fishermen on these same federally 
permitted vessels 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 this proposed rule. 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would add three new sea turtle handling and 
release devices to the Federal regulations, 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 aboard vessels with Federal 
commercial and charter vessel/headboat reef fish permits, and specified 
the devices allowed to meet this requirement. This proposed rule would 
add three new sea turtle release and handling devices to the Federal 
regulations 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 in this proposed rule, 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 regulations for 
a short-handled dehooker for external hooks.

Requirements for Existing Sea Turtle Release Gear

    This proposed rule also would update the requirements of some 
currently approved devices for clarity and simplicity, and to aid 
fishermen and law enforcement with compliance and enforcement efforts. 
Existing regulations use the word ``approximately'' to define some gear 
specifications, and this proposed rule would replace ``approximately'' 
in the applicable regulations where precise specifications would 
clarify requirements for the dimensions or lengths of several devices. 
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. In general, these 
clarifications would either establish the currently approximate 
dimensions as a minimum, or establish the smaller end of the current 
size range for the required dimensions as a minimum. 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.

[[Page 53841]]

However, SEFSC determined that this was not necessary and could result 
in the canine mouth gags not functioning properly. This proposed rule 
would remove the requirement to cover the ends of the canine mouth gags 
with these materials from the regulations.
    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 sea turtles brought aboard a vessel to remove 
fishing gear. However, this proposed rule 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.
    Lastly, fishermen are currently required to maintain a paper copy 
of the NMFS document titled, ``Careful Release Protocols for Sea Turtle 
Release With Minimal Injury'' on each vessel for reference in the event 
a sea turtle is incidentally captured. This proposed rule would allow 
fishermen to use an electronic copy of the document to fulfill the 
requirement, as long as the electronic document is readily available 
for viewing and reference during a trip.

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. The FMP amendment and rulemaking process generally 
involves more detailed analyses and a lengthier timeline prior to 
implementation than rulemaking done through a framework procedure. 
Thus, 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 and this proposed rule 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.

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 49, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. In addition, no new reporting and record-
keeping requirements are introduced by this proposed rule. Accordingly, 
the Paperwork Reduction Act does not apply to this proposed rule. A 
description of this proposed rule, why it is being considered, and the 
purposes of this proposed rule are contained in the preamble and in the 
SUMMARY section of the preamble.
    The objectives of this proposed rule are to provide greater 
flexibility to vessels in the commercial reef fish fishing industry 
(i.e., with Federal commercial Gulf reef fish permits) and for-hire 
reef fish fishing industry (i.e., with Federal charter vessel/headboat 
Gulf reef fish permits) in complying with release gear regulations, 
clarify existing requirements of currently required release gear for 
fishery participants and law enforcement officers, and streamline the 
process for future revisions to release gear and handling procedures 
for incidentally captured sea turtles and other protected species after 
approval by the SEFSC.
    The Chief Counsel for Regulation of the Department of Commerce 
certified 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. A description of the factual basis for this determination 
follows. All monetary estimates are in 2016 dollars, consistent with 
the data and estimates in Amendment 49.
    This proposed rule, if implemented, would allow vessels in the 
commercial and for-hire Gulf reef fish fishing industries to use: A 
collapsible hoop net or sea turtle hoist rather than a dip net to bring 
an incidentally captured sea turtle on board, and a new dehooking 
device to remove an externally embedded hook from a sea turtle.
    This proposed rule would also clarify requirements for currently 
required gear used to remove fishing gear from sea turtles to aid 
fishermen and law enforcement personnel with compliance and enforcement 
efforts. Existing regulations use the word ``approximately'' to define 
some gear specifications, and this proposed rule would replace 
``approximately'' in the applicable regulations where precise 
specifications would clarify requirements for the dimensions or lengths 
of several devices, including the short-handled dehookers for internal 
and external 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. In 
general, these clarifications would either establish the currently 
approximate dimensions as a minimum, or establish the smaller end of 
the current size range for the required dimensions as a minimum. 
Specific proposed changes of importance from a cost perspective are: 
Requiring long-nose or needle-nose pliers with a minimum length of 11 
inches (28 cm), rather than ``approximately'' 12 inches (30 cm) in 
overall length; and changing the required length of monofilament line 
cutters from ``approximately'' 7.5 inches (19 cm) to a minimum of 6 
inches (15 cm).
    This proposed rule is expected to directly regulate vessels 
(businesses) in the commercial and for-hire Gulf reef fish fishing 
industries. As of November 14, 2017, there were 844 vessels with valid 
or renewable Federal commercial Gulf reef fish permits. In addition, 
the number of vessels with a valid or renewable Federal charter vessel/
headboat Gulf reef fish permit was 1,278. The number of vessels with 
both commercial and charter vessel/headboat Gulf reef fish permits was 
142, so the total number of vessels with a commercial or charter 
vessel/headboat Gulf reef fish permit was 1,980. Thus, 1,980 vessels 
are expected to be directly regulated by this proposed rule.
    Although NMFS possesses complete ownership data regarding 
businesses and vessels that participate in the Gulf red snapper and 
grouper-tilefish individual fishing quota (IFQ) programs, ownership 
data regarding businesses that possess commercial or charter vessel/
headboat Gulf reef fish permits but do not commercially harvest IFQ 
species are incomplete. Therefore, it is not currently feasible to 
accurately determine affiliations between these particular businesses. 
As a result of the incomplete ownership data, for purposes of this 
analysis, it is assumed

[[Page 53842]]

each of these vessels is independently owned by a single business, 
which is expected to result in an overestimate of the actual number of 
businesses directly regulated by this proposed rule. Thus, this 
proposed rule is estimated to directly regulate 1,980 businesses in the 
commercial and for-hire Gulf reef fish fishing industries.
    For vessels with Federal commercial Gulf reef fish permits that 
were active in the reef fish fishery in 2014, which is the only year 
economic profit estimates are available for the commercial reef fish 
fishing industry, average annual gross revenue was approximately 
$162,000 per vessel and net revenue from operations (economic profit) 
was approximately $51,000 per vessel. For federally permitted charter 
vessels that were active in the for-hire reef fish fishing industry in 
2009, which is the most recent year economic profit estimates are 
available for the for-hire reef fish fishing industry, the average 
annual gross revenue was $84,500 per vessel and economic profit was 
$24,985 per vessel. For federally permitted headboats that were active 
in the for-hire reef fish fishing industry in 2009, the average annual 
gross revenue was $256,122 per vessel and economic profit was $74,765 
per vessel.
    The SBA has established size standards for all major industry 
sectors in the U.S. including for-hire fishing businesses (NAICS code 
487210). A business 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 annual receipts (revenue) not in excess of $7.5 
million for all its affiliated operations worldwide. In 2017, the 
maximum annual gross revenue for a single headboat in the Gulf was 
about $1.3 million. On average, annual gross revenue for headboats in 
the Gulf is about three times greater than annual gross revenue for 
charter vessels. Thus, it is assumed the maximum annual gross revenue 
for charter vessels is less than $1.3 million.
    On December 29, 2015, NMFS issued a final rule establishing a small 
business size standard of $11 million in annual gross receipts 
(revenue) for all businesses primarily engaged in the commercial 
fishing industry (NAICS code 11411) for RFA compliance purposes only 
(80 FR 81194, December 29, 2015). In addition to this gross revenue 
standard, a business primarily involved in commercial fishing is 
classified as a small business if it is independently owned and 
operated, and is not dominant in its field of operations (including its 
affiliates). For the vessels with commercial Gulf reef fish permits, 
the maximum annual gross revenue earned by a single vessel in any year 
from 2012 through 2016 was approximately $4.65 million, while the 
maximum average annual gross revenue per vessel was approximately $3.1 
million during this time.
    This proposed rule, if implemented, would be expected to directly 
regulate all 1,980 vessels with commercial or charter vessel/headboat 
permits in the Gulf reef fish fishery. All directly regulated 
businesses have been determined, for the purpose of this analysis, to 
be small entities. Based on this information, the proposed rule is 
expected to affect a substantial number of small entities.
    Allowing federally permitted vessels in the commercial and for-hire 
Gulf reef fish fishing industries to use a collapsible hoop net or sea 
turtle hoist rather than a dip net to handle incidentally captured sea 
turtles is expected to reduce the cost of complying with the associated 
regulatory requirement by about $40 per vessel on average. However, 
when this gear is replaced, typically about once every 7 years, the 
average cost savings to each vessel is about $6 per year and thus is 
expected to only minimally increase these vessels' profitability.
    Allowing federally permitted vessels in the commercial and for-hire 
Gulf reef fish fishing industries to use a new dehooking device to 
remove an externally embedded hook from a sea turtle is not expected to 
change the cost of complying with the associated regulatory requirement 
as its cost is within the range of the currently allowed dehooking 
devices. Thus, NMFS does not expect the profitability of commercial and 
for-hire vessels to change as a result of allowing this new dehooking 
device.
    Clarifying the dimensions or length requirements for several other 
sea turtle release devices in cases where the regulations currently use 
the word ``approximately'' to describe those requirements or are 
otherwise ambiguous is expected to aid fishermen in the commercial and 
for-hire Gulf reef fish fishing industries with compliance, as well as 
aid law enforcement efforts, though some clarifications would slightly 
reduce flexibility. As such, these clarifications are expected to 
reduce the risk of these businesses incurring a fine or other penalty 
for unintentional non-compliance with the requirements, and thus would 
generally be expected to reduce the costs of complying with those 
requirements.
    For example, allowing federally permitted vessels in the commercial 
and for-hire Gulf reef fish fishing industries to use long-nose or 
needle-nose pliers with an overall length of 11 inches (28 cm) or 
greater, rather than ``approximately'' 12 inches (30 cm), is expected 
to reduce the cost of complying with the associated regulatory 
requirement for at least some of these businesses. As a result of the 
ambiguity of the current length requirement, as well as the limited 
market availability of pliers with an approximate length of 12 inches 
(30 cm), it has been difficult for some vessel owners to find pliers 
that clearly comply with the current regulation. As a result, some of 
these owners currently use pliers that have an overall length of 11 
inches (28 cm). Thus, the proposed regulatory change would eliminate 
the risk of vessel owners that currently use pliers with an overall 
length of 11 inches (28 cm) from potentially being found non-compliant 
with the current regulation and having to purchase new pliers, which 
cost around $10, that comply with the current regulation.
    In addition, modifying the required length for approved 
monofilament line cutters from ``approximately'' 7.5 inches (19 cm) in 
length to a minimum of 6 inches (15 cm) in length would allow federally 
permitted vessels in the commercial and for-hire Gulf reef fish fishing 
industries to use monofilament line cutters as small as 6 inches (15 
cm) in length. Monofilament line cutters 6 inches (15 cm) in length and 
longer are commonly available in the market. The cost of monofilament 
line cutters ranges from $15 to $66, depending on the material and 
features. Thus, the proposed regulatory change would eliminate the risk 
of vessel owners currently using monofilament line cutters 6 inches (15 
cm) in length from potentially being found non-compliant with the 
current regulation and having to purchase new monofilament line cutters 
that comply with the current regulations.
    Although federally permitted vessel owners are expected to be able 
to meet the clarified dimension and length requirements in this 
proposed rule without purchasing new gear, it is possible that a few 
may incur costs to replace gear that would be non-compliant. For 
example, though unlikely, it is possible that some commercial and for-
hire fishing vessel owners could be using monofilament line cutters 
less than 6 inches (15 cm) in length (e.g., 5.5 inches (14 cm) in 
length) and consider this to be compliant with the current 
``approximately'' 7.5-inch (19-cm)

[[Page 53843]]

requirement. These vessel owners would have to purchase new 
monofilament line cutters and incur the associated cost. However, NMFS 
expects few if any commercial or for-hire fishing vessel owners to 
consider a length more than 25 percent less than ``approximately'' 7.5 
inches (19 cm) in length as compliant with the current requirement. 
Thus, the potential costs resulting from this remote possibility are 
expected to be minimal if not zero.
    Modifying the FMP framework procedure to include changes to release 
gear requirements through the abbreviated framework process is an 
administrative action that does not alter any requirements that 
directly regulate federally permitted vessels in the commercial and 
for-hire Gulf reef fish fishing industries. Therefore, this 
modification is not expected to affect the profitability of any vessels 
that possess these permits.
    Based on the information above, a reduction in profits for a 
substantial number of small entities is not expected as a result of 
this proposed rule. Thus, this proposed rule would not have a 
significant economic impact on a substantial number of small entities 
and an initial regulatory flexibility analysis is not required and none 
has been prepared.

List of Subjects in 50 CFR Part 622

    Charter vessel, Commercial, Fisheries, Fishing, Gulf of Mexico, 
Headboat, Sea turtle.

    Dated: October 19, 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 
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.  622.29, revise paragraph (a)(1) to read as follows:


Sec.  622.29  Conservation measures for protected resources.

    (a) * * *
    (1) Sea turtle conservation measures. (i) The owner or operator of 
a vessel for which a commercial vessel permit for Gulf reef fish or a 
charter vessel/headboat permit for Gulf reef fish has been issued, as 
required under Sec. Sec.  622.20(a)(1) and 622.20(b), respectively, 
must have the most recent version of the NMFS document titled, 
``Careful Release Protocols for Sea Turtle Release With Minimal 
Injury'' available for reference on board electronically or have a 
paper copy on board inside the wheelhouse, or within a waterproof case 
if there is no wheelhouse. In addition, the most recent version of the 
NMFS sea turtle handling and release guidelines placard must be posted 
inside the wheelhouse or an easily viewable area on the vessel if there 
is no wheelhouse.
    (ii) Such owner or operator must also comply with the sea turtle 
interaction mitigation measures, including the release gear and 
handling requirements specified in paragraphs C and D in Appendix F of 
this part.
    (iii) Those permitted vessels with a freeboard height of 4 ft (1.2 
m) or less must have on board a net or hoist, tire or other support 
device, short-handled dehooker(s) for internal and external hooks, 
long-nose or needle-nose pliers, bolt cutters, monofilament line 
cutters, and at least two types of mouth openers or mouth gags. This 
equipment must meet the specifications described in Appendix F of this 
part.
    (iv) Those permitted vessels with a freeboard height of greater 
than 4 ft (1.2 m) must have on board a net or hoist, tire or other 
support device, long-handled line clipper or cutter, short-handled 
dehooker(s) for internal and external hooks, long-handled dehooker(s) 
for internal and external hooks, a long-handled device to pull an 
inverted ``V'' in the fishing line, long-nose or needle-nose pliers, 
bolt cutters, monofilament line cutters, and at least two types of 
mouth openers or mouth gags. This equipment must meet the 
specifications described in Appendix F of this part.
* * * * *
0
3. In Sec.  622.42, revise the introductory text to this section and 
add paragraph (b) to read as follows:


Sec.  622.42  Adjustment of management measures.

    In accordance with the framework procedures of the FMP for the Reef 
Fish Resources of the Gulf of Mexico, the RA may establish or modify 
the items specified in paragraph (a) of this section for Gulf reef 
fish, or paragraph (b) of this section for sea turtles and other 
protected species.
* * * * *
    (b) Possession, specifications, and use of required release gear 
and handling requirements for sea turtles and other protected species.
0
4. Amend Appendix F to Part 622 by:
0
a. Revising the heading of Appendix F;
0
b. Adding introductory text to Appendix F;
0
c. Revising the headings of paragraphs A. and B.; and
0
d. Adding paragraphs C. and D.
    The revisions and additions read as follows:

Appendix F to Part 622--Specifications for Sea Turtle Release Gear and 
Handling Requirements

    Sea turtles must be handled, and release gear must be used, in 
accordance with the NMFS careful handling, resuscitation, and 
release protocols as specified in the most recent version of the 
NMFS document titled, ``Careful Release Protocols for Sea Turtle 
Release With Minimal Injury'' or on the NMFS sea turtle handling and 
release guidelines placard.
    A. Sea turtle release gear for the snapper-grouper fishery of 
the South Atlantic.
* * * * *
    B. Sea turtle handling and release requirements for the snapper-
grouper fishery of the South Atlantic. * * *
* * * * *
    C. Sea turtle release gear for the reef fish fishery of the Gulf 
of Mexico.
    1. Long-handled line clipper or cutter. Line cutters are 
intended to cut fishing line as close as possible to the hook, and 
assist in removing line from entangled sea turtles to minimize any 
remaining gear upon release. One long-handled line clipper or cutter 
and one set of replacement blades are required to be on board. The 
minimum design standards are as follows:
    (a) A protected and secured cutting blade. The cutting blade(s) 
must be capable of cutting 2.0 to 2.1-mm (0.078 to 0.083-inch) 
diameter monofilament line (approximately 400 to 450-lb test 
strength) or polypropylene multistrand material, known as braided or 
tarred mainline, and the cutting blade must be maintained in working 
order. The cutting blade must be curved, recessed, contained in a 
holder, or otherwise designed to facilitate its safe use so that 
direct contact between the cutting surface and the sea turtle or the 
user is prevented. The cutting instrument must be securely attached 
to an extended reach handle and the blade(s) must be easily 
replaceable during a trip if necessary. The extra set of replacement 
blades must meet these standards and be carried on board to replace 
all cutting surfaces on the line cutter or clipper.
    (b) An extended reach handle. The line cutter blade must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to, or greater than, 150 percent of the freeboard, or a 
minimum length of 6 ft (1.8 m), whichever is greater. The extended 
reach handle may break down into sections for storage, but it is not 
required. There is no restriction on the type of material used to 
construct this handle as long as it is sturdy and facilitates the 
secure attachment of the cutting blade.
    2. Long-handled dehooker for internal hooks. One long-handled 
dehooker to remove

[[Page 53844]]

internal hooks from sea turtles that cannot be brought on board is 
required on the vessel. It should also be used to engage an 
unattached hook when a sea turtle is entangled but not hooked, and 
line is being removed. The design must shield the point of the hook 
and prevent the hook from re-engaging during the removal process. 
The minimum design standards are as follows:
    (a) Hook removal device. The dehooker must be constructed of \3/
16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 316L or 304L 
stainless steel and have a dehooking end no larger than 1\7/8\ 
inches (4.8 cm) outside diameter. The dehooker must securely engage 
and control the leader while shielding the point to prevent the hook 
from re-engaging during removal. It may not have any unprotected 
terminal points (including blunt ones), as these could cause injury 
to the esophagus during hook removal. The dehooker must be of a size 
appropriate to secure the range of hook sizes and styles used on the 
vessel.
    (b) Extended reach handle. The dehooking end that secures the 
fishhook must be securely fastened to an extended reach handle or 
pole with a minimum length equal to or greater than 150 percent of 
the freeboard, or a minimum of 6 ft (1.8 m), whichever is greater. 
The extended reach handle may break down into sections for storage, 
but it is not required. The handle must be sturdy and strong enough 
to facilitate the secure attachment of the dehooking end.
    3. Long-handled dehooker for external hooks. One long-handled 
dehooker to remove external hooks from sea turtles that cannot be 
brought on board is required on the vessel. The long-handled 
dehooker for internal hooks described in paragraph C.2. of this 
appendix may be used to comply with this requirement. The minimum 
design standards are as follows:
    (a) Hook removal device. A long-handled dehooker must be 
constructed of \3/16\-inch (4.8-mm) to \5/16\-inch (7.9-mm) diameter 
316L or 304L stainless steel and have a dehooking end no larger than 
1\7/8\ inches (4.8 cm) outside diameter. The dehooking end that 
secures the fishhook must be blunt with all edges rounded. The 
dehooker must be of a size appropriate to secure the range of hook 
sizes and styles used on the vessel.
    (b) Extended reach handle. The handle must be a minimum length 
equal to the freeboard of the vessel or 6 ft (1.8 m), whichever is 
greater. The extended reach handle may break down into sections for 
storage, but it is not required.
    4. Long-handled device to pull an ``inverted V''. One long-
handled device to pull an ``inverted V'' is required on board. This 
tool is used to pull an ``inverted V'' in the fishing line when 
implementing the ``inverted V'' dehooking technique, as described in 
the document titled ``Careful Release Protocols for Sea Turtle 
Release With Minimal Injury,'' for dehooking and disentangling sea 
turtles. A long-handled J-style dehooker as described in paragraph 
A.3. of this appendix may be used to comply with this requirement. 
The minimum design standards are as follows:
    (a) Hook end. This device, such as a standard boat hook or gaff 
must be constructed of stainless steel or aluminum; if a long-
handled J-style dehooker is used to comply with this requirement, it 
must be constructed of 316L or 304L stainless steel. The 
semicircular or ``J'' shaped hook end must be securely attached to 
the handle to allow the hook end to engage and pull an ``inverted 
V'' in the fishing line. A gaff or any other hook with a sharp point 
is to be used only for holding the fishing line and should never 
contact the sea turtle.
    (b) Extended reach handle. The handle must have a minimum length 
equal to the freeboard of the vessel or must be at least 6 ft (1.8 
m) in length, whichever is greater. The extended reach handle may 
break down into sections for storage, but it is not required. The 
handle must be sturdy and strong enough to facilitate the secure 
attachment of the hook end.
    5. Net or hoist. One approved net or hoist is required on board. 
These devices are to be used to facilitate safe handling of sea 
turtles by allowing them to be brought on board for fishing gear 
removal, without causing further injury to the animal. Sea turtles 
must not be brought on board without the use of a net or hoist. 
There must be no sharp edges or burrs on the hoop or frame, or where 
the hoop or frame attaches to the handle. There is no requirement 
for the hoop or frame to be circular as long as it meets the 
applicable minimum specifications. In this appendix, bar measure 
means the non-stretched distance between a side knot and a bottom 
knot of a net mesh; also known as the square mesh measurement. The 
types and minimum design standards for approved nets and hoists are 
as follows:
    (a) Dip net--(i) Size of the net. The dip net must have a sturdy 
net hoop or frame of at least 31 inches (78.7 cm) inside diameter 
and a bag depth of at least 38 inches (96.5 cm) to accommodate sea 
turtles up to 3 ft (0.9 m) in carapace (shell) length. The bag mesh 
openings must not exceed 3 inches (7.6 cm), bar measure. The net 
hoop or frame must be made of a rigid material strong enough to 
facilitate the sturdy attachment of the net.
    (ii) Extended reach handle. The dip net hoop or frame must be 
securely fastened to an extended reach handle or pole with a minimum 
length equal to or greater than 150 percent of the freeboard, or at 
least 6 ft (1.8 m) in length, whichever is greater. The handle and 
net must be able to support a minimum of 100 lb (45.4 kg) without 
breaking or significant bending or distortion. The extended reach 
handle may break down into sections for storage, but it is not 
required.
    (b) Collapsible hoop net--(i) Size of the net. The collapsible 
hoop net must have a sturdy net hoop of at least 31 inches (78.7 cm) 
inside diameter and a bag depth of at least 38 inches (96.5 cm) to 
accommodate sea turtles up to 3 ft (0.9 m) in carapace (shell) 
length. The bag mesh openings must not exceed 3 inches (7.6 cm), bar 
measure. The net hoop must be strong enough to facilitate the sturdy 
attachment of the net.
    (ii) Extended reach handle. The collapsible hoop net must be 
securely fastened with rope(s) or other line(s) connected to the 
hoop with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The rope(s) and net must be able to support a minimum of 
100 lb (45.4 kg) without breaking or significant distortion.
    (c) Small hoist--(i) Size of the hoist. The sea turtle hoist 
must have a sturdy net hoop or frame of at least 31 inches (78.7 cm) 
inside diameter to accommodate sea turtles up to 3 ft (0.9 m) in 
carapace (shell) length. The mesh openings must not exceed 3 inches 
(7.6 cm), bar measure. If polyvinyl chloride, or PVC, pipe is used 
to construct the hoist, the pipe fittings must be glued together and 
a minimum strength of Schedule 40 pipe must be used. The hoist hoop 
or frame must be made of a rigid material strong enough to 
facilitate the sturdy attachment of the net.
    (ii) Extended reach handle. The sea turtle hoist must be 
securely fastened with ropes or other lines connected to the hoop or 
frame with a minimum length equal to or greater than 150 percent of 
the freeboard, or at least 6 ft (1.8 m) in length, whichever is 
greater. The ropes and hoist hoop or frame must be able to support a 
minimum of 100 lb (45.4 kg) without breaking or significant 
distortion.
    6. Cushion or support device. A standard automobile tire free of 
exposed steel belts, a boat cushion, or any other comparable 
cushioned and elevated surface, is required for supporting a sea 
turtle in an upright orientation while the sea turtle is on board. 
The cushion or support device must be appropriately sized to fully 
support a range of sea turtle sizes. Any life-saving device that 
would be used to support a sea turtle on board must be dedicated for 
that purpose and in addition to all minimum human safety at sea 
requirements.
    7. Short-handled dehooker for internal hooks. One short-handled 
dehooker for removing internal hooks is required on board. This 
dehooker is designed to remove internal hooks from sea turtles 
brought on board. This dehooker can also be used on external hooks. 
The minimum design standards are as follows:
    (a) General. The dehooker must allow the hook to be secured and 
the hook point shielded without re-engaging during the removal 
process. It may not have any unprotected terminal points, including 
blunt ones, as this could cause injury to the esophagus during hook 
removal. A sliding plastic bite block must be permanently installed 
around the shaft to protect the beak and facilitate hook removal in 
case a sea turtle bites down on the dehooker. The dehooker must be 
of a size appropriate to secure the range of hook sizes and styles 
used on the vessel.
    (b) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 cm to 60.7 cm) long, with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar. The bite 
block must be constructed of a \3/4\ to 1-inch (1.9 to 2.5-cm) 
inside diameter high impact rated, rigid plastic cylinder (e.g., 
Schedule 80 PVC) that is 4 to 6 inches (10.2 to 15.2 cm) long to 
allow for 5 inches (12.7 cm) of slide along the shaft. The dehooking 
end must be no larger than 1\7/8\ inches (4.8 cm) outside diameter.

[[Page 53845]]

    8. Short-handled dehooker for external hooks. One short-handled 
dehooker for external hooks is required on board. This dehooker is 
designed to remove external hooks from sea turtles brought on board. 
The short-handled dehooker for internal hooks required to comply 
with paragraph C.7. of this appendix may be used to comply with this 
requirement. The minimum design standards are as follows:
    (a) Fixed handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be of a size appropriate to secure the range of hook 
sizes and styles used on the vessel.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The shaft must be \3/16\ inch (4.8-mm) to \5/
16\ inch (7.9-mm) in diameter. The shaft must be 16 to 24 inches 
(40.6 to 60.7 cm) long with approximately a 4 to 6-inch (10.2 to 
15.2-cm) long tube T-handle, wire loop handle, or similar.
    (b) Squeeze handle dehooker--(i) General. The dehooking end that 
secures the fishhook must be blunt and all edges rounded. The 
dehooker must be able to secure the range of hook sizes and styles 
used on the vessel. This dehooker secures a fishhook for removal by 
squeezing the handles together using one hand to grab and pull the 
hook into notches at the top of the shaft of the dehooker.
    (ii) Specifications. The dehooker must be constructed of 316L or 
304L stainless steel. The overall length must be a minimum of 11 
inches (27.9 cm) long.
    9. Long-nose or needle-nose pliers. One pair of long-nose or 
needle-nose pliers is required on board. Required long-nose or 
needle-nose pliers can be used to remove hooks from the sea turtle's 
flesh or for removing hooks from the front of the mouth. They can 
also hold PVC splice couplings in place, when used as mouth gags. 
The minimum design standards are as follows: The long-nose or 
needle-nose pliers must be a minimum of 11 inches (27.9 cm) in 
length. It is recommended that the pliers be constructed of 
stainless steel or other corrosion resistant metal material.
    10. Bolt cutters. One pair of bolt cutters is required on board. 
Required bolt cutters may be used to cut off the eye or barb of a 
hook to facilitate the hook removal without causing further injury 
to the sea turtle. They should also be used to cut off as much of 
the hook as possible, when the remainder of the hook cannot be 
removed. The minimum design standards are as follows: The bolt 
cutters must be a minimum of 14 inches (35.6 cm) in total length, 
with blades that are a minimum of 4 inches (10.2-cm) long and 2\1/4\ 
inches (5.7 cm) wide, when closed. Required bolt cutters must be 
able to cut hard metals, such as stainless or carbon steel hooks, up 
to \1/4\-inch (6.4-mm) wire diameter, and they must be capable of 
cutting through the hooks used on the vessel.
    11. Monofilament line cutters. One pair of monofilament line 
cutters is required on board. Required monofilament line cutters 
must be used to remove fishing line entangling a sea turtle, or to 
cut fishing line as close to the eye of the hook as possible if the 
hook is swallowed or if the hook cannot be removed. The minimum 
design standards are as follows: The monofilament line cutters must 
be a minimum of 6 inches (15.2 cm) in length. The blades must be a 
minimum of 1 inch (2.5 cm) in length and \5/8\ inches (1.6 cm) wide, 
when closed.
    12. Mouth openers or mouth gags. Required mouth openers and 
mouth gags are used to open sea turtle mouths, and to keep them open 
when removing internal hooks from sea turtles brought on board. They 
must allow access to the hook or line without causing further injury 
to the sea turtle. Design standards are included in the item 
descriptions. At least two of the seven different types of mouth 
openers or mouth gags described in paragraphs C.12.(a) through (g) 
of this appendix are required.
    (a) A block of hard wood. A block of hard wood of a type that 
does not splinter (e.g., maple) with rounded and smoothed edges, or 
a wooden-handled brush with the bristles removed. The dimensions 
must be a minimum of 10 inches (25.4 cm) by \3/4\ inch (1.9 cm) by 
\3/4\ inch (1.9 cm).
    (b) A set of three canine mouth gags. A set of canine mouth gags 
must include one of each of the following sizes: Small (5 inches, 
12.7 cm), medium (6 inches, 15.2 cm), and large (7 inches, 17.8 cm). 
They must be constructed of 316L or 304L stainless steel.
    (c) A set of two sturdy dog chew bones. Required canine chews 
must be constructed of durable nylon or thermoplastic polymer, and 
strong enough to withstand biting without splintering. To 
accommodate a variety of sea turtle beak sizes, a set must include 
one large (5\1/2\ to 8 inches (14 cm to 20.3 cm) in length), and one 
small (3\1/2\ to 4\1/2\ inches (8.9 cm to 11.4 cm) in length) canine 
chew bones.
    (d) A set of two rope loops covered with protective tubing. A 
required set consists of two 3-ft (0.9-m) lengths of poly braid rope 
(\3/8\-inch (9.5-mm) diameter suggested), each covered with an 8-
inch (20.3-cm) long section of \1/2\-inch (1.3-cm) to \3/4\-inch 
(1.9-cm) diameter light duty garden hose or similar flexible tubing, 
and each rope tied into a loop.
    (e) A hank of rope. A length of soft braided or twisted nylon 
rope a minimum of \3/16\-inch (4.8-mm) diameter must be folded to 
create a hank, or looped bundle, of rope. The rope must create a 
hank of 2 to 4 inches (5.1 cm to 10.2 cm) in thickness.
    (f) A set of four PVC splice couplings. A required set must 
consist of the following Schedule 40 PVC splice coupling sizes: 1 
inch (2.5 cm), 1\1/4\ inch (3.2 cm), 1\1/2\ inch (3.8 cm), and 2 
inches (5.1 cm). PVC splice couplings are held in a sea turtle's 
mouth with the needle-nose pliers.
    (g) A large avian oral speculum. The avian oral speculum must be 
9 inches (22.9 cm) long, and constructed of \3/16\-inch (4.8-mm) 
wire diameter 304 stainless steel. The wire must be covered with 8 
inches (20.3 cm) of clear vinyl tubing (\5/16\-inch (7.9-mm) outside 
diameter, \3/16\-inch (4.8-mm) inside diameter), friction tape, or 
similar to pad the surface.
    D. Sea turtle handling requirements for the reef fish fishery of 
the Gulf of Mexico. Sea turtle release gear, as specified in 
paragraphs C.1. through C.4. of this appendix, must be used to 
remove fishing gear from sea turtles that cannot be brought on 
board. For sea turtles that can be brought on board, release gear 
specified in paragraphs C.5. through C.12. of this appendix must be 
used to bring sea turtles on board and to remove fishing gear. Sea 
turtles must be handled, and release gear must be used, in 
accordance with the NMFS careful handling, resuscitation, and 
release protocols as specified in the most recent version of the 
NMFS document titled, ``Careful Release Protocols for Sea Turtle 
Release With Minimal Injury'' or on the NMFS sea turtle handling and 
release guidelines placard.
    1. Boated sea turtles. When practicable, both active and 
comatose sea turtles must be brought on board the vessel without 
causing further injury to the animal, using a net or hoist as 
specified in paragraph C.5. of this appendix. All sea turtles up to 
3 ft (0.9 m) carapace (shell) length should be brought on board if 
sea conditions allow.
    (a) A boated sea turtle should be placed on its belly or bottom 
shell on a cushion or support device, as specified in paragraph C.6. 
of this appendix, to immobilize it and facilitate gear removal. 
Then, determine if the fishing gear can be removed without causing 
further injury. All externally embedded hooks should be removed, 
unless hook removal would result in further injury to the sea 
turtle. No attempt to remove a hook should be made if it has been 
swallowed and the insertion point of the hook is not clearly 
visible, or if it is determined that removal would result in further 
injury to the sea turtle. If a hook cannot be removed, remove as 
much line as possible from the sea turtle and the hook using 
monofilament cutters as specified in paragraph C.11. of this 
appendix, and as much of the hook as possible should be removed 
before releasing the sea turtle, using bolt cutters as specified in 
paragraph C.10. of this appendix. If a hook can be removed, an 
effective technique may be to cut off the barb or the eye of the 
hook using bolt cutters, and then to slide the hook out. When the 
hook is visible in the mouth, a mouth opener or mouth gag, as 
specified in paragraph C.12. of this appendix, may facilitate 
opening the sea turtle's mouth and keeping the mouth open. Short-
handled dehookers for internal hooks, or long-nose or needle-nose 
pliers, as specified in paragraphs C.7. and C.8. of this appendix, 
respectively, should be used to remove visible hooks from the mouth 
that have not been swallowed on boated sea turtles, as appropriate. 
If a sea turtle appears dead or comatose, follow the NMFS 
resuscitation protocols to attempt revival before its release. As 
much gear as possible must be removed from the sea turtle without 
causing further injury prior to its release.
    (b) [Reserved]
    2. Non-boated sea turtles. If a sea turtle is too large, or is 
hooked or entangled in a manner that prevents bringing the sea 
turtle on board safely and without causing further injury, release 
gear specified in paragraphs C.1. through C.4. of this appendix must 
be used to remove the maximum amount of fishing gear from the sea 
turtle, or to remove as much line as possible from the sea turtle or 
from a hook that cannot be removed prior to releasing the sea 
turtle.

[[Page 53846]]

    (a) Non-boated sea turtles should be brought close to the boat. 
Then, determine whether the hook can be removed without causing 
further injury. All externally embedded hooks should be removed, 
unless hook removal would result in further injury to the sea 
turtle. No attempt should be made to remove a hook if it has been 
swallowed and the insertion point is not clearly visible, or if it 
is determined that removal would result in further injury. If the 
hook cannot be removed or if the animal is only entangled, remove as 
much line as possible prior to release using a long-handled line 
cutter specified in paragraph C.1. of this appendix. If the hook can 
be removed, it must be removed using a long-handled dehooker 
specified in paragraphs C.2. and C.3. of this appendix. Without 
causing further injury, as much gear as possible must be removed 
from the sea turtle prior to its release.
    (b) [Reserved]

[FR Doc. 2018-23288 Filed 10-24-18; 8:45 am]
BILLING CODE 3510-22-P