[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Rules and Regulations]
[Pages 36166-36171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11916]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200528-0150]
RIN 0648-BI81
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic Region; Regulatory
Amendment 29
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Regulatory Amendment 29
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (FMP) (Regulatory Amendment 29), as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
This final rule requires descending devices to be on board vessels and
requires the use of specific fish hook types while fishing for or
possessing snapper-grouper species. This rule also allows the use of
powerheads in Federal waters off South Carolina to harvest snapper-
grouper species. The purpose of this rule is to modify fishing gear
requirements to promote best fishing practices and to ensure consistent
regulations for the dive component of the snapper-grouper fishery.
DATES: This final rule is effective on July 15, 2020.
ADDRESSES: Electronic copies of Regulatory Amendment 29 may be obtained
from www.regulations.gov or the NMFS Southeast Regional Office website
at https://www.fisheries.noaa.gov/action/regulatory-amendment-29-gear-requirements-south-atlantic-snapper-grouper-species. Regulatory
Amendment 29 includes an environmental assessment, a Regulatory
Flexibility Act (RFA) analysis, and a regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the snapper-
grouper 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.).
On April 21, 2020, NMFS published a proposed rule for Regulatory
Amendment 29 in the Federal Register and requested public comment (85
FR 22118, April 21, 2020). The proposed rule and Regulatory Amendment
29 outline the rationale for the actions contained in this final rule.
A summary of the management measures described in Regulatory Amendment
29 and implemented by this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule requires: Descending devices be on board all
commercial, charter vessels and headboats (for-hire), and private
recreational vessels while fishing for or possessing snapper-grouper
species; the use of non-offset, non-stainless steel circle hooks when
[[Page 36167]]
fishing for snapper-grouper species with hook-and-line gear and natural
baits north of 28[deg] N latitude; and all hooks be non-stainless steel
when fishing for snapper-grouper species with hook-and-line gear and
natural baits throughout South Atlantic Federal waters. This rule also
allows the use of powerheads in Federal waters off South Carolina to
harvest snapper-grouper species. This rule and Regulatory Amendment 29
encourage the use of best fishing practices that aim to reduce the
negative impacts to live fish released after capture to improve the
survivorship of the released snapper-grouper species. This rule and
Regulatory Amendment 29 also increase the consistency of regulations
for the dive component of the snapper-grouper fishery.
Descending Devices
This final rule requires at least one descending device to be on
board and ready for use on any commercial, for-hire, or private
recreational vessel while fishing for or possessing South Atlantic
snapper-grouper. As described in Regulatory Amendment 29, studies have
shown that if properly used and maintained, descending devices may
relieve symptoms of barotrauma and can decrease discard mortality of
released fish. Barotrauma is the injury caused by internal gas
expansion when a fish is retrieved from depth. This final rule defines
a descending device as an instrument capable of releasing the fish at
the depth from which the fish was caught, and to which is attached a
minimum of a 16-ounce (454-gram) weight and a minimum of a 60-ft (18.3-
m) length of line. A 16-ounce weight is available at many tackle shops
and is heavy enough to descend a majority of snapper-grouper species
subject to barotrauma. A minimum line length of 60 ft (18.3 m) attached
to a descending device will better ensure fish are released at a
minimum depth of 50 ft (15.2 m) while fishermen using the descending
device are standing on the deck of a vessel, as well as to account for
possible ocean current or swell.
The descending device may either attach to the fish's mouth or it
may be a container that will retain the fish while it is lowered to
depth. The device must be capable of releasing the fish at depth
automatically, by actions of the device operator, or by allowing the
fish to escape on its own when at depth.
This final rule does not specifically require the use of a
descending device because it may not be needed every time a fish is
caught; however, the device is required to be readily available on a
vessel for use when a fish may be experiencing barotrauma.
Non-Offset, Non-Stainless Steel Circle Hooks
This final rule requires the use of non-offset and non-stainless
steel circle hooks when fishing for snapper-grouper species with hook-
and-line gear and natural baits north of 28[deg] N latitude, which is
approximately 25 miles (40 km) south of Cape Canaveral, Florida. A non-
offset hook has the point and barb in-line with the hook shank.
Commercial and recreational fishermen in the South Atlantic have
reported to the Council that some released snapper-grouper die due to
foul-hooking, e.g., when hooked in the stomach or outside of the mouth.
Previous to this rule, offset circle hooks were allowed under the same
conditions; however, the Council determined that non-offset circle
hooks can reduce the occurrence of hooking-related mortality when
compared to offset circle hooks and J-hooks, and can improve
survivorship of released snapper-grouper species.
Non-Stainless Steel Hooks
This final rule requires the use of non-stainless steel hooks when
fishing for snapper-grouper species with hook-and-line gear and natural
baits throughout Federal waters in the South Atlantic region. Similar
to the requirement to use non-offset, non-stainless steel circle hooks
north of 28[deg] N latitude, this measure is expected to provide
biological benefits to snapper-grouper species in South Atlantic
Federal waters. Because non-stainless steel hooks degrade faster than
stainless steel hooks, any fish released with an embedded non-stainless
steel hook could have a greater chance of survival.
Powerhead Use Off South Carolina
This final rule removes the powerhead prohibition in Federal waters
off South Carolina, allowing a powerhead to be used to harvest South
Atlantic snapper-grouper. A powerhead is a type of fishing gear that
includes any device with an explosive charge, usually attached to a
spear gun, spear, pole, or stick that fires a projectile upon contact
with the fish. Fishermen previously expressed concern to the Council at
public meetings regarding inequitable access for the dive component of
the snapper-grouper fishery off South Carolina because they were
prohibited from using a powerhead, while that was an allowable gear to
harvest snapper-grouper species in the exclusive economic zone (EEZ)
off the other South Atlantic states. The Council determined that
because the commercial and recreational dive components of the snapper-
grouper fishery only constitute approximately 5 percent of the landings
from South Atlantic Federal waters, any impacts on snapper-grouper
species from removing the powerhead prohibition would be minimal. This
rule increases consistency in regulations throughout South Atlantic
Federal waters, reduces regulatory confusion among commercial and
recreational dive fishermen, and aids in compliance and enforcement
efforts.
Comments and Responses
NMFS received 27 comments from individuals, commercial and
recreational fishermen, environmental non-governmental organizations,
and fishing organizations during the public comment period on the
proposed rule for Regulatory Amendment 29. Most comments supported the
actions in the proposed rule and Regulatory Amendment 29, particularly
the descending device action. NMFS acknowledges the comments in favor
of all or part of the actions in the proposed rule and agrees with
them. Comments that were beyond the scope of the proposed rule are not
responded to in this final rule. Comments that opposed an action
contained in Regulatory Amendment 29 and the proposed rule are
summarized below, along with NMFS' responses.
Comment 1: Requiring descending devices to be on board vessels will
cost fishermen more money with little benefit to the snapper-grouper
fishery, and the use of descending devices will increase predation by
predator fish and dolphins as released fish are descended.
Response: NMFS agrees that requiring descending devices to be on
board vessels could result in additional cost to participants. However,
a range of cost options are available to purchase or fabricate a
descending device, including some low cost options. As discussed in the
proposed rule, NMFS estimated the lower bound cost per vessel to
purchase a descending device, based on advertised retail prices, plus
the cost of a qualifying weight and line, would be approximately $19
(2018 dollars). Fishermen that already own a suitable descending device
would not need to purchase a new one.
NMFS disagrees that descending devices will result in little
benefit to the species in the snapper-grouper fishery. The use of
descending devices may reduce predation on released snapper-grouper
species by allowing a more rapid return to depth, thereby making them
less vulnerable to predators. Discarded fish stranded at the surface
may become prey for marine mammals, sea birds, and other large
predators,
[[Page 36168]]
such as amberjack, barracuda, and sharks. Studies referenced in
Regulatory Amendment 29 have shown that relieving the symptoms of
barotrauma of released snapper-grouper species reduced discard
mortality rates when compared to fish released with the use of
descending devices.
Comment 2: Because of the ease of use and their historical use in
the snapper-grouper fishery, venting tools should be required instead
of descending devices.
Response: NMFS disagrees. Recent studies referenced in Regulatory
Amendment 29 have recommended the use of descending devices over
venting tools for treating fish experiencing symptoms of barotrauma.
Though faster to use, venting tools also have the potential to damage
vital organs and cause additional stress to a fish if not used
correctly. Also, this final rule does not prohibit the use of venting
tools for those individuals that know how to use them properly (e.g.,
trained crew on for-hire vessels).
Comment 3: Extensive outreach on the new gear requirements should
be conducted in conjunction with this final rule.
Response: NMFS will work with the Council to conduct an education
and outreach effort to ensure fishermen participating in the fishery
understand the new regulations and how to properly use descending
devices. The Council will utilize information already developed by
other entities (state-agencies, non-profits) about descending devices
to avoid duplication in effort or conflicting information. Web-based
outreach materials designed to educate recreational and commercial
snapper-grouper fishermen on barotrauma, descending devices, and the
proper technique for releasing snapper-grouper species, as well as
other best fishing practices, has been posted to the Council website,
https://safmc.net.
Comment 4: NMFS should proceed with approval of the final rule for
Regulatory Amendment 29 without delay to ensure the regulations are in
place for the 2020 summer fishing season.
Response: NMFS is proceeding to implement Regulatory Amendment 29
as quickly as possible. In the proposed rule for Regulatory Amendment
29, NMFS requested public comment on an appropriate effective date for
a final rule because new gear requirements were proposed. NMFS
typically applies a 30-day delay in the effective date for management
actions published in a final rule. However, NMFS has used longer delays
in some other final rules that contain gear requirements, particularly
when requiring new types of gear. NMFS wants to ensure fishermen have
sufficient time to construct or purchase the required devices given
potential supply issues, and specifically asked the public in the
proposed rule for Regulatory Amendment 29 whether a delay of 30 days
would provide sufficient time to comply with the new requirements. NMFS
received no other comment about an alternative effective date,
therefore this final rule is effective as stated in the DATES section,
i.e., 30 days after publication in the Federal Register.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with Regulatory Amendment
29, 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. This final rule is not an Executive
Order 13771 regulatory action because this action is not significant
under Executive Order 12866.
A Final Regulatory Flexibility Analysis (FRFA) was prepared
pursuant to 5 U.S.C. 604(a) of the RFA. The FRFA incorporates the
Initial Regulatory Flexibility Analysis (IRFA), a summary of the
significant issues raised by the public comments in response to the
IRFA, NMFS' responses to those comments, and a summary of the analyses
completed to support the action. The FRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
Public comments relating to socio-economic implications and
potential impacts on small businesses are addressed in the response to
Comment 1 in the Comments and Responses section of this final rule. No
changes to this final rule were made in response to these public
comments. No comments were received from the Office of Advocacy for the
Small Business Administration (SBA).
This final rule applies to all commercial vessels, for-hire
vessels, and private recreational anglers that fish for or harvest
snapper-grouper species in Federal waters of the South Atlantic. The
RFA does not consider recreational anglers to be small entities, so
they are outside the scope of this analysis and only the impacts on
commercial and for-hire fishing businesses will be discussed.
As of May 8, 2020, there were 525 valid or renewable South Atlantic
snapper-grouper unlimited permits and 102 valid or renewable 225-lb
(102-kg) trip-limited permits. On average from 2013 through 2017, there
were 568 federally permitted commercial vessels with reported landings
of snapper-grouper species in the South Atlantic. Their average annual
vessel-level gross revenue from all species for 2013 through 2017 was
approximately $47,000 (2018 dollars) and snapper-grouper species
accounted for 68 percent of this revenue. The maximum annual revenue
from all species reported by a single one of the commercial vessels
that landed South Atlantic snapper-grouper species from 2013 through
2017 was approximately $1.5 million (2018 dollars).
As of May 8, 2020, there were 1,680 vessels with valid Federal
charter vessel/headboat permits for South Atlantic snapper-grouper.
Although the NMFS for-hire permit application collects information on
the primary method of operation, the permit itself does not identify
the permitted vessel as either a charter vessel or a headboat.
Operation as either a charter vessel or headboat is not restricted by
permitting regulations and vessels may operate in both capacities on
separate trips. However, only selected headboats are required to submit
harvest and effort information to the NMFS Southeast Region Headboat
Survey (SRHS). Participation in the SRHS is based on determination by
the NMFS Southeast Fisheries Science Center (SEFSC) that the vessel
primarily operates as a headboat. As of February 18, 2020, 65 South
Atlantic headboats were registered in the SRHS. As a result, of the
1,680 vessels with Federal snapper-grouper for-hire permits, up to 65
may primarily operate as headboats and the remainder as charter
vessels. The average South Atlantic charter vessel is estimated to
receive approximately $123,000 (2018 dollars) in annual gross revenue.
The average South Atlantic headboat is estimated to receive
approximately $218,000 (2018 dollars) in annual gross revenue.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) 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
combined annual receipts not in excess of $11 million for all its
affiliated
[[Page 36169]]
operations worldwide. All of the commercial fishing businesses that
will be directly regulated by this final rule are believed to be small
entities based on the NMFS size standard.
The SBA has established size standards for all major industry
sectors in the U.S. including for-hire 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 combined annual receipts not in excess of $8
million for all its affiliated operations worldwide. All of the for-
hire fishing businesses that will be directly regulated by this final
rule are believed to be small entities based on the SBA size criteria.
No other small entities that will be directly affected by this
final rule have been identified.
This final rule will require owners or operators of commercial and
for-hire vessels to have a descending device on board when fishing for
or possessing species in the snapper-grouper fishery management unit
(FMU). It also requires that commercial fishermen and for-hire anglers
use non-offset, non-stainless steel circle hooks when fishing for
species in the snapper-grouper FMU with hook-and-line gear and natural
baits in the South Atlantic EEZ north of 28[deg] N latitude. Finally,
it requires that commercial fishermen and for-hire anglers use non-
stainless steel hooks when fishing for species in the snapper-grouper
FMU with hook-and-line gear and natural baits throughout the South
Atlantic EEZ. To the extent that for-hire fishing businesses supply
fishing tackle such as hooks to their customers, this final rule will
require for-hire businesses to purchase, and ensure the use of, such
hooks as described previously. No special professional skills are
necessary for compliance with this final rule.
The estimated lower bound cost per vessel to purchase a descending
device, based on advertised retail prices, plus the cost of a
qualifying weight and line, is approximately $19 (2018 dollars).
Commercial and for-hire businesses that already own suitable descending
devices will not need to purchase new ones.
The requirement for commercial fishermen and for-hire anglers to
use non-offset, non-stainless steel circle hooks when fishing for
snapper-grouper species with hook-and-line gear and natural baits in
the EEZ north of 28[deg] N latitude will require some commercial
fishing businesses and potentially some for-hire vessels to purchase
these hooks. The cost of purchasing circle hooks is highly variable and
will depend on how many hooks each commercial or for-hire fishing
business needs, as well as the quantity of hooks included in each
purchase. In general, the cost per hook may vary from approximately
$0.30 per hook to $1.00 per hook. If for-hire anglers supply their own
hooks, then the impact to for-hire fishing businesses would be reduced.
Additionally, non-offset circle hooks may reduce the catchability of
some species, which could negatively affect catch efficiency on some
fishing trips. In turn, this could lead to a reduction in commercial
ex-vessel revenue or increased trip costs. It is not possible to
estimate the specific costs that each business would face as a result
of the circle hook requirement. Any change in for-hire anglers' demand
for for-hire fishing trips (and associated economic effects) as a
result of the new hook requirement would be secondary to any direct
effect on anglers and, therefore, would be an indirect effect of this
final rule. Indirect effects are not relevant to the RFA.
In addition, this final rule will require the use of non-stainless
steel hooks when fishing for snapper-grouper species with hook-and-line
gear and natural baits throughout the South Atlantic EEZ. Commercial
and for-hire vessels fishing north of 28[deg] N latitude will not be
affected because there is already a non-stainless steel hook
requirement in place there. The cost of purchasing non-stainless steel
hooks is highly variable and will depend on how many hooks each
commercial or for-hire fishing business needs as well as the quantity
of hooks in each purchase. In general, the cost per non-stainless steel
hook may vary from approximately $0.30 per hook to $1.00 per hook.
Switching from stainless to non-stainless steel would likely decrease
the useful lifespan of hooks, leading to a small increase in operating
costs in the long term for commercial and for-hire businesses. If for-
hire anglers supply their own hooks, then the impact to for-hire
fishing businesses would be reduced. Changing from stainless to non-
stainless steel hooks is not be expected to affect the harvest of
snapper-grouper species and, therefore, no reduction in commercial ex-
vessel revenue is expected.
Finally, this final rule will allow federally permitted commercial
fishermen and for-hire anglers to use powerheads to harvest snapper-
grouper species in the EEZ off South Carolina. This will increase the
opportunity for harvest in some circumstances, potentially leading to
greater commercial ex-vessel revenue or lower harvest costs. It is not
possible to meaningfully estimate these potential economic effects with
available data. Any economic effects on for-hire fishing businesses
would be indirect and would depend on how anglers' demand for for-hire
trips changes as a result of removing the restriction on powerhead
usage. Again, indirect effects are not relevant to the RFA.
The following discussion describes the alternatives that were not
selected as preferred by the Council.
Three alternatives were considered for the action to specify
requirements for the use of descending devices or venting devices when
fishing for or possessing snapper-grouper species. The first
alternative, the no action alternative, would not require descending or
venting devices to be on board when fishing for or possessing snapper-
grouper species. This alternative would not be expected to result in
direct costs to any small entities. It was not selected by the Council
because it would forgo any improvements to snapper-grouper fish stocks
that could be achieved through the increased usage of descending or
venting devices and resultant decreases in release mortality.
The second alternative and three sub-alternatives, which were all
selected as preferred by the Council, will require a descending device
be on board private recreational, for-hire, and commercial vessels,
respectively, when fishing for or possessing snapper-grouper species.
The third alternative would require a venting device be on board a
vessel when fishing for or possessing snapper-grouper species. The
third alternative contained three sub-alternatives that would apply the
venting device requirement to private recreational vessels, for-hire
vessels, and commercial vessels, respectively. The estimated lower
bound cost of purchasing a venting device, based on advertised retail
prices, would be $6 (2018 dollars). This is slightly cheaper than the
estimated cost of the preferred alternative. The third alternative was
not selected by the Council because of the higher mortality risk to
released fish associated with using venting devices incorrectly, versus
using descending devices.
Four alternatives were considered for the action to modify the
requirement for the use of non-stainless steel circle hooks when
fishing for or possessing snapper-grouper species with hook-and-line
gear. The first alternative, the no action alternative, would not
modify current gear requirements and therefore would not be expected to
result in direct costs to any small entities. This alternative was not
selected by the
[[Page 36170]]
Council because it would forgo any improvements to snapper-grouper fish
stocks that could be achieved through the use of non-offset, non-
stainless steel circle hooks north of 28[deg] N latitude or increased
usage of non-stainless steel hooks in general and resultant decreases
in release mortality.
The second alternative, selected as preferred by the Council, will
require the use of non-offset, non-stainless steel circle hooks when
fishing for snapper-grouper species with hook-and-line gear and natural
baits within certain areas of the South Atlantic EEZ. The second
alternative contained two sub-alternatives. The first sub-alternative,
which was selected as preferred, applies the non-offset, non-stainless
steel circle hook fishing requirement to South Atlantic Federal waters
north of 28[deg] N latitude. The second sub-alternative would apply the
non-offset, non-stainless steel circle hook fishing requirement
throughout the extent of the Council's jurisdiction (from the North
Carolina and Virginia border through Key West, Florida), except that
other non-stainless steel hook types would be allowed to be used when
fishing for yellowtail snapper with natural baits. The second sub-
alternative would be expected to affect a greater number of commercial
and for-hire fishing businesses because of the larger area to which it
would apply and because there is currently no circle hook requirement
in place when fishing for snapper-grouper species south of 28[deg] N
latitude. As discussed under the effects of the preferred sub-
alternative, the cost of purchasing circle hooks would depend on how
many hooks each commercial or for-hire fishing business would need, as
well as the quantity of hooks included in each purchase. The effect of
switching to circle hooks in the area south of 28[deg] N latitude may
have a more pronounced effect on catch efficiency there than in the
rest of the South Atlantic EEZ. Stakeholders have indicated that a
circle hook requirement would negatively affect their ability to catch
snapper-grouper species when drift fishing, which is a common practice
in South Florida and the Florida Keys. The second sub-alternative was
not selected because it would be expected to result in substantial
negative economic and social effects, specifically to the for-hire
industry that operates south of 28[deg] N latitude.
The third alternative would require non-offset, non-stainless steel
circle hooks be on board a vessel possessing snapper-grouper species
when fishing with hook-and-line gear and natural baits within certain
areas of the EEZ. The third alternative contained two sub-alternatives.
The first sub-alternative would apply the non-offset, non-stainless
steel circle hook on board requirement to vessels in Federal waters
north of 28[deg] N latitude. Under this sub-alternative, some
commercial and for-hire fishing businesses that fish for snapper-
grouper species north of 28[deg] N latitude would need to purchase non-
offset, non-stainless steel circle hooks to have on board. This sub-
alternative would be expected to result in lower direct costs to
fishing businesses than the preferred alternative, as non-offset, non-
stainless steel circle hooks would only need to be on board the vessel
and would likely not be used to the same extent as under the preferred
alternative. Under such circumstances, multiple circle hook types and
sizes would not be necessary to satisfy the circle hook requirement.
Additionally, J-hooks or treble hooks could be used to harvest snapper-
grouper species, which may increase the catchability of some species in
comparison to circle hooks. To the extent that catch efficiency
increases on commercial fishing trips, this could result in an increase
in commercial trip profitability. The second sub-alternative would
apply the non-offset, non-stainless steel circle hook on board
requirement throughout the extent of the Council's jurisdiction, except
that other non-stainless steel hook types would be allowed to be used
when fishing for yellowtail snapper with natural baits. The second sub-
alternative would require that commercial and for-hire fishing
businesses that fish for snapper-grouper species anywhere in the South
Atlantic EEZ purchase non-offset, non-stainless steel circle hooks to
have on board. Because J-hooks and treble hooks may already be used
while fishing for snapper-grouper species with natural bait south of
28[deg] N latitude, the second sub-alternative would be expected to
have comparable effects on catch efficiency as the first sub-
alternative. The third alternative and two sub-alternatives were not
selected by the Council, because they were expected to be less likely
than the preferred alternative to reduce release mortality.
The fourth alternative, also selected as preferred, requires the
use of non-stainless steel hooks when fishing for snapper-grouper
species with hook-and-line gear and natural baits in the South Atlantic
EEZ.
Three alternatives were considered for the action to modify
powerhead prohibitions in the South Atlantic region. The first
alternative, the no action alternative, would not modify existing
powerhead regulations or restrictions, and therefore, would not be
expected to have direct economic effects on any small entities. Under
the no action alternative, the harvest of snapper-grouper species by
powerhead in the EEZ off South Carolina would continue to be
prohibited. This alternative was not selected by the Council because it
would fail to ensure consistent regulations for the dive component of
the South Atlantic snapper-grouper fishery.
The second alternative and two sub-alternatives were selected as
preferred and will allow private recreational, for-hire, and commercial
vessels to use powerheads for the harvest of snapper-grouper species in
the EEZ off South Carolina.
The third alternative would prohibit the use of a powerhead for the
harvest of snapper-grouper species in the EEZ of the entire South
Atlantic region. The third alternative contained two sub-alternatives.
The first sub-alternative would apply the prohibition of powerheads in
the EEZ to private recreational and for-hire vessels. This sub-
alternative would remove some opportunities to recreationally harvest
snapper-grouper species in the EEZ of the South Atlantic, but would not
be expected to have any direct effects on for-hire fishing businesses.
Any effects on for-hire fishing businesses would be indirect and would
depend on how anglers' demand for for-hire trips changes as a result of
powerhead restrictions. The second sub-alternative would apply the
prohibition of powerheads in the EEZ to commercial vessels. This would
remove some opportunities to commercially harvest snapper-grouper
species in the EEZ of the South Atlantic, which may lead to decreased
trip profits for some commercial businesses. Using the average annual
ex-vessel revenue estimates from powerhead fishing in the South
Atlantic EEZ from 2013 through 2017, NMFS estimates the upper bound
cost of this sub-alternative would be $261,000 (2018 dollars) per year
or approximately $460 per commercial vessel. The true cost of this sub-
alternative would likely be much less, because commercial fishermen
could substitute powerhead landings with landings by other gear types
or in other areas. The third alternative and two sub-alternatives were
not selected by the Council because they would unnecessarily reduce
fishing opportunities in the South Atlantic EEZ and potentially result
in negative economic effects to fishermen.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group
[[Page 36171]]
of related rules for which an agency is required to prepare a FRFA, the
agency shall publish one or more guides to assist small entities in
complying with the rule, and shall designate such publications as
``small entity compliance guides.'' The agency shall explain the
actions a small entity is required to take to comply with a rule or
group of rules. As part of this rulemaking process, NMFS prepared a
fishery bulletin, which also serves as a small entity compliance guide.
The fishery bulletin will be sent to all interested parties.
This final rule does not establish any new reporting or record-
keeping requirements. Accordingly, the Paperwork Reduction Act does not
apply to this final rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper, South Atlantic.
Dated: May 28, 2020.
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.
Sec. 622.182 [Amended]
0
2. In Sec. 622.182, remove and reserve paragraph (c).
0
3. In Sec. 622.188, revise paragraph (a)(2) and add paragraphs (a)(3)
and (4) to read as follows:
Sec. 622.188 Required gear, authorized gear, and unauthorized gear.
(a) * * *
(2) Non-offset, non-stainless steel circle hooks. Non-offset, non-
stainless steel circle hooks are required to be used when fishing for
South Atlantic snapper-grouper with hook-and-line gear and natural
baits north of 28[deg] N lat.
(3) Non-stainless steel hooks. Non-stainless steel hooks are
required to be used when fishing for South Atlantic snapper-grouper
with hook-and-line gear and natural baits south of 28[deg] N lat.
(4) Descending device. At least one descending device is required
to be on board a vessel and be ready for use while fishing for or
possessing South Atlantic snapper-grouper. Descending device means an
instrument capable of releasing the fish at the depth from which the
fish was caught, and to which is attached a minimum of a 16-ounce (454-
gram) weight and a minimum of a 60-ft (15.2-m) length of line. The
descending device may either attach to the fish's mouth or be a
container that will retain the fish while it is lowered to depth. The
device must be capable of releasing the fish automatically, by actions
of the operator of the device, or by allowing the fish to escape on its
own when at depth.
* * * * *
[FR Doc. 2020-11916 Filed 6-12-20; 8:45 am]
BILLING CODE 3510-22-P