5512 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

States may not be used to target, retain DATES: Written comments on the year-round in Federal waters of the on board, transship, or land Pacific proposed rule must be received by South Atlantic. Areas designated for bluefin tuna captured in the Convention February 17, 2017. protection would include habitat Area, with the exception that any ADDRESSES: You may submit comments characteristics, bottom topography (hard Pacific bluefin tuna already on board a on the proposed rule, identified by and live bottom), and currents that fishing vessel on the effective date of the ‘‘NOAA–NMFS–2016–0153,’’ by either provide essential fish habitat important notice may be retained on board, of the following methods: for spawning snapper- species. transshipped, and/or landed, to the • Electronic submission: Submit all The Council determined that protecting extent authorized by applicable laws electronic public comments via the spawning snapper-grouper and their and regulations, provided such Pacific Federal e-Rulemaking Portal. Go to associated habitats would allow these bluefin tuna is landed within 14 days www.regulations.gov/ species to produce more larvae, and after the effective date published in the #!docketDetail;D=NOAA–NMFS–2016– may subsequently increase snapper- fishing closure notice. 0153, click the ‘‘Comment Now!’’ icon, grouper populations. * * * * * complete the required fields, and enter The Council also developed [FR Doc. 2017–00623 Filed 1–13–17; 4:15 pm] or attach your comments. Amendment 36 to reduce bycatch and bycatch mortality of snapper-grouper BILLING CODE 3510–22–P • Mail: Submit written comments to Frank Helies, NMFS Southeast Regional species, including speckled hind and Office, 263 13th Avenue South, St. warsaw grouper. The snapper-grouper DEPARTMENT OF COMMERCE Petersburg, FL 33701. fishery in the South Atlantic is a highly Instructions: Comments sent by any regulated, multi-species fishery. National Oceanic and Atmospheric other method, to any other address or Discards in the fishery can occur due to Administration individual, or received after the end of regulations, such as closed seasons, the comment period, may not be possession or size limits, or from catch 50 CFR Part 622 considered by NMFS. All comments and release of these species. For received are a part of the public record snapper-grouper species prohibited [Docket No. 161020986–7012–01] and will generally be posted for public from harvest, such as speckled hind and viewing on www.regulations.gov warsaw grouper, fish discarded due to regulations are considered bycatch. The RIN 0648–BG38 without change. All personal identifying information (e.g., name, address, etc.), deep-water snapper-grouper species are Fisheries of the Caribbean, Gulf of confidential business information, or further impacted due to high discard Mexico, and South Atlantic; Snapper- otherwise sensitive information mortality rates (low survivability due to barotrauma). The Council concluded Grouper Fishery of the South Atlantic submitted voluntarily by the sender will that prohibiting the use of certain Region; Amendment 36 be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ fishing gear in specified areas where snapper-grouper are known to occur and AGENCY: National Marine Fisheries A’’ in required fields if you wish to possibly would reduce Service (NMFS), National Oceanic and remain anonymous). Atmospheric Administration (NOAA), Electronic copies of Amendment 36 encounters with these species and Commerce. may be obtained from subsequently provide protection for reproduction. Spawning SMZs could www.regulations.gov or the Southeast ACTION: Proposed rule; request for provide long-term beneficial biological Regional Office Web site at http:// comments. and socio-economic effects if spawning sero.nmfs.noaa.gov. Amendment 36 fish are sufficiently protected. SUMMARY: NMFS proposes regulations to includes an environmental assessment, The Council has identified a total of implement Amendment 36 to the Regulatory Flexibility Act (RFA) five areas proposed to be considered as Fishery Management Plan (FMP) for the analysis, regulatory impact review, and spawning SMZs in the South Atlantic Snapper-Grouper Fishery of the South fishery impact statement. off North Carolina, South Carolina, and Atlantic Region as prepared and FOR FURTHER INFORMATION CONTACT: Florida. These areas have been submitted by the South Atlantic Fishery Frank Helies, NMFS Southeast Regional identified based on the documented Management Council (Council). If Office, telephone: 727–824–5305, or occurrence of snapper-grouper species implemented, this proposed rule would email: [email protected]. and analysis of spawning data, modify the FMP framework procedures SUPPLEMENTARY INFORMATION: The recommendations from the Council’s to allow spawning special management snapper-grouper fishery in the South MPA Expert Work Group and Snapper- zones (SMZs) to be established or Atlantic region is managed under the Grouper Advisory Panel, as well as modified through the framework FMP and includes speckled hind and cooperative research and public process; establish spawning SMZs off warsaw grouper, along with other recommendations. North Carolina, South Carolina, and snapper-grouper species. The FMP was Amendment 36 also contains a 10- Florida; establish transit and anchoring prepared by the Council and is year sunset provision that would apply provisions in the spawning SMZs; and implemented by NMFS through to most of the proposed spawning establish a sunset provision for most of regulations at 50 CFR part 622 under the SMZs. The sunset provision would the spawning SMZs. This proposed rule authority of the Magnuson-Stevens allow for most of the spawning SMZs to would also move the boundary of the Fishery Conservation and Management expire 10 years following the existing Charleston Deep Artificial Reef Act (Magnuson-Stevens Act). implementation date unless they are Marine Protected Area (MPA). The renewed. When deciding whether to purpose of this proposed rule is to Background renew a spawning SMZ, the Council protect spawning snapper-grouper The Council developed Amendment may consider the evidence of spawning species and their spawning habitat, and 36 to protect spawning snapper-grouper by snapper-grouper species in the to reduce bycatch and bycatch mortality species and their spawning habitat by spawning SMZ and whether a spawning for snapper-grouper species, including prohibiting fishing for or harvest of SMZ is being monitored. The Council speckled hind and warsaw grouper. snapper-grouper species in certain areas concluded that a 10-year sunset

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00082 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 5513

provision would help to ensure that implementation. However, the current km). The proposed spawning SMZ off spawning SMZs are monitored and FMP contains framework procedures to the east coast of the Florida Keys would evaluated during this period to allow the Council to modify certain be called Warsaw Hole/50 Fathom Hole document snapper-grouper spawning management measures, such as annual (3.64 sq mi; 9.4 sq km). within the sites. catch limits and other management This proposed rule would prohibit The Council developed a system measures, via an expedited process (see fishing for or harvest of snapper-grouper management plan (SMP) for the 50 CFR 622.194; 56 FR 56016, October species year-round in the proposed spawning SMZs proposed in 31, 1991). Currently, SMZs cannot be spawning SMZs. Certain other activities Amendment 36. The SMP describes in modified under the framework process, in the spawning SMZs would be detail the monitoring and evaluation so any changes to SMZs are required to restricted, including transiting with requirements for the proposed spawning be done through an FMP amendment. In snapper-grouper species on board and SMZs. The Council recognizes that Amendment 36 and this proposed rule, anchoring. monitoring the proposed spawning the Council has decided to include Another purpose of spawning SMZs is SMZs by academic, state, or NMFS changes to spawning SMZs, such as to reduce bycatch and bycatch mortality personnel is necessary to evaluate their boundary modifications and the of snapper-grouper species, including effectiveness. Therefore, the SMP establishment or removal of spawning speckled hind and warsaw grouper. outlines the potential monitoring SMZs, under the framework process. Currently, retention of speckled hind partners and their roles. For example, this proposed rule would and warsaw grouper is prohibited in In addition to the spawning SMZs allow the Council to remove a spawning Federal waters in the South Atlantic. proposed for a similar purpose through SMZ if monitoring efforts do not Prohibiting the targeting or harvest of Amendment 36, the Council originally document evidence of spawning snapper-grouper species in specified designated the Charleston Deep snapper-grouper species within the areas where these species are known to Artificial Reef MPA, located off South boundary. The proposed revisions to the Carolina, in Amendment 14 to the occur and possibly spawn would reduce FMP framework procedures would also encounters with these deep-water Snapper-Grouper FMP (74 FR 1621, allow the Council to remove the January 13, 2009) to add protected species and provide protection for proposed 10-year sunset provision for a reproduction. The Council concluded snapper-grouper habitat and contribute proposed spawning SMZ if monitoring that protecting snapper-grouper species to adding fish biomass. Recently, the efforts document snapper-grouper within the spawning SMZs could State of South Carolina worked with the species’ spawning inside a spawning enhance the opportunity for these U.S. Army Corps of Engineers to modify SMZ. The Council has decided that species to reproduce and provide more the boundary of this site to include changing spawning SMZs through an larvae into the environment. Spawning additional substrate material that was expedited process can have beneficial SMZs would also allow opportunities to sunk by the state in the area of this biological and socio-economic impacts, monitor population changes in snapper- MPA. The State of South Carolina especially if the changes respond to grouper species and further refine requested the Council shift the newer information, such as spawning protection of spawning habitat. boundary of the existing Charleston locations for snapper-grouper species. Deep Artificial Reef MPA to match the The Council has concluded that the Establish Transit and Anchoring new boundary of the artificial reef site. framework process will allow adequate Provisions in Spawning SMZs This proposed rule would align the time for the public to comment on any Charleston Deep Artificial Reef MPA proposed change related to a spawning This proposed rule would allow boundary with the site permitted by the SMZ. vessels to transit through the proposed U.S. Army Corps of Engineers, while spawning SMZs with snapper-grouper Establish Spawning SMZs Off North retaining the size of the current MPA. species on board when fishing gear is Carolina, South Carolina, and Florida This proposed rule would move the properly stowed. ‘‘Properly stowed’’ existing boundary around the The existing South Atlantic SMZs means that trawl or try nets and the Charleston Deep Artificial Reef MPA 1.4 restrict the use of certain fishing gear in attached doors must be out of the water, mi (2.3 km) to the northwest. areas including artificial reefs, fish but would not be required to be on deck attraction devices, and other modified or secured below deck. Terminal gear Management Measures Contained in areas of habitat for fishing (50 CFR (hook, leader, sinker, flasher, or bait) This Proposed Rule 622.182). Possession limits can also be used with automatic reels, bandit gear, This proposed rule would modify the regulated in SMZs. The original FMP buoy gear, handline, or rod and reel FMP framework procedures to allow established SMZs for artificial reefs to would have to be disconnected and spawning SMZs to be established or restrict certain fishing gear on artificial stowed separately from such fishing modified through the framework reefs (48 FR 49463, August 31, 1983). gear and sinkers would have to be process; establish spawning SMZs off Currently, there are no spawning SMZs disconnected from down riggers and North Carolina, South Carolina, and for snapper-grouper in the South stowed separately. Vessels in the Florida; establish transit and anchoring Atlantic. The Council is proposing to spawning SMZs would be prohibited provisions in the spawning SMZs; establish five snapper-grouper spawning from fishing for, harvest, or possession establish a sunset provision for most of SMZs in the South Atlantic off North of snapper-grouper species year-round the spawning SMZs; and move the Carolina, South Carolina, and Florida. in these areas. Except for the existing Charleston Deep Artificial Reef The proposed spawning SMZ off North experimental artificial reefs Area 51 and MPA 1.4 mi (2.3 km) northwest to Carolina would be called South Cape Area 53 off South Carolina, persons on match the permitted site boundary. Lookout (5.1 sq mi; 13.2 sq km). The board a fishing vessel would not be Council is proposing three spawning allowed to anchor, use an anchor or Modify the FMP Framework Procedures SMZs off South Carolina that would be chain, or use a grapple and chain while for Spawning SMZs called Devil’s Hole/Georgetown Hole in spawning SMZs. Fishermen would Amending the FMP can require more (3.03 sq mi; 7.8 sq km), Area 51 continue to be allowed to troll for detailed analyses and requires a (approximately 3 sq mi; 7.8 sq km), and pelagic species such as dolphin, tuna, lengthier prescribed timeline prior to Area 53 (approximately 3 sq mi; 7.8 sq and billfish in spawning SMZs.

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00083 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS 5514 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

Establish a Sunset Provision for Most species. The Council concluded that harvested within the proposed Spawning SMZs designating areas as spawning SMZs is spawning SMZ areas would be most This proposed rule would implement important to protect snapper-grouper likely to be affected. These species a 10-year sunset provision for the species and habitat where snapper- include red porgy, vermilion snapper, establishment of the spawning SMZs, grouper species spawn. Furthermore, scamp, greater amberjack, blueline the Council concluded that the tilefish, gag, and red grouper. On except for the Area 51 and Area 53 designation of spawning SMZ sites in average from 2010 through 2014, there Spawning SMZs, which will remain in this proposed rule, and subsequent were 438 federally-permitted effect indefinitely. Thus, except for the changes to regulations, would enhance commercial vessels with reported latter two areas, the proposed spawning reproduction for snapper-grouper landings of one or more of these species. SMZs and their associated management species and thus increase the number of Their average annual vessel-level measures would be effective for 10 years larvae that are produced by the species. revenue from all species for 2010 following the implementation of a final through 2014 was approximately rule for Amendment 36. For the Classification $47,000 (2014 dollars). In 2014, the proposed spawning SMZs and Pursuant to section 304(b)(1)(A) of the maximum annual revenue reported by a management measures subject to the Magnuson-Stevens Act, the NMFS single one of these vessels was sunset provision to extend beyond 10 Assistant Administrator has determined approximately $1 million (2014 dollars). years, the Council would need to that this proposed rule is consistent As of May 25, 2016, there were 1,502 evaluate the effectiveness of the with Amendment 36, the FMP, the valid Federal charter vessel/headboat spawning SMZs for conserving and Magnuson-Stevens Act, and other (for-hire) permits for South Atlantic protecting spawning snapper-grouper applicable law, subject to further snapper-grouper. Although the for-hire species, and subsequently take further consideration after public comment. permit application collects information action. The Council will regularly This proposed rule has been on the primary method of operation, the evaluate all of the spawning SMZs over determined to be not significant for permit itself does not identify the the 10-year period. They concluded that purposes of Executive Order 12866. permitted vessel as either a charter this period was an appropriate The Chief Counsel for Regulation of vessel or a headboat and vessels may timeframe to monitor the sites and the Department of Commerce certifies to operate in both capacities. However, determine whether a sufficient level of the Chief Counsel for Advocacy of the only federally-permitted headboats are spawning by snapper-grouper species Small Business Administration (SBA) required to submit harvest and effort occurs to justify continued protection as that this proposed rule, if adopted, information to the NMFS Southeast spawning SMZs. would not have a significant economic Region Headboat Survey (SRHS). impact on a substantial number of small Move the Existing Charleston Deep Participation in the SRHS is based on entities. The factual basis for this Artificial Reef MPA determination by the Southeast Fishery determination is as follows: Science Center that the vessel primarily This proposed rule would move the A description of this proposed rule, operates as a headboat. As of February existing Charleston Deep Artificial Reef why it is being considered, and the 22, 2016, 73 South Atlantic headboats MPA 1.4 mi (2.3 km) northwest to objectives of this proposed rule are were registered in the SRHS. As a result, match the boundary of the U.S. Army contained in the preamble and in the the estimated 1,502 for-hire vessels that Corps of Engineers’ permitted artificial SUMMARY section of the preamble. The may be affected by this proposed rule reef area at that location. This proposed Magnuson-Stevens Act provides the are expected to consist of 1,429 charter rule would not change the size of the statutory basis for this proposed rule. vessels and 73 headboats. The average existing MPA. The Council originally This proposed rule would apply to all charter vessel is estimated to receive designated the current area as an federally-permitted commercial vessels, approximately $117,000 (2014 dollars) artificial reef site in Amendment 14. federally-permitted charter vessels and in annual revenue. The average The State of South Carolina has worked headboats (for-hire vessels), and private headboat is estimated to receive with the U.S. Army Corps of Engineers recreational anglers that fish for or approximately $207,000 (2014 dollars) to modify the boundary of this site to harvest any of the species managed in annual revenue. include material recently sunk by the under the FMP in Federal waters. The For RFA purposes only, NMFS has state in the area and has requested that RFA does not consider recreational established a small business size the Council shift their boundary of the anglers to be small entities, thus they standard for businesses, including their existing Charleston Deep Artificial Reef are outside the scope of this analysis; affiliates, whose primary industry is MPA to match the new boundary of the only the effects on commercial and for- commercial fishing (see 50 CFR 200.2). U.S. Army Corps of Engineers’ hire vessels will be analyzed. A business primarily engaged in permitted artificial reef area. As of May 25, 2016, there were 552 commercial fishing (NAICS code 11411) valid or renewable Federal South is classified as a small business if it is Management Measure Contained in Atlantic snapper-grouper unlimited independently owned and operated, is Amendment 36 but Not in This permits and 116 valid or renewable 225- not dominant in its field of operation Proposed Rule lb (102.1-kg) trip-limited permits. Each (including its affiliates), and has In addition to the management of these commercial permits is combined annual receipts not in excess measures that this proposed rule would associated with an individual vessel. of $11 million for all its affiliated implement, Amendment 36 includes an Data from the years of 2010 through operations worldwide. All of the action to modify the SMZ procedures in 2014 were used in Amendment 36 and commercial vessels directly regulated by the FMP to allow for the designation of these data provided the basis for the this proposed rule are believed to be spawning SMZs. The Council would be Council’s decision. Although this small entities based on the NMFS size able to designate important spawning proposed rule would apply to all standard. areas as spawning SMZs to provide commercial snapper-grouper Federal The SBA has established size additional protection to some existing permit holders, it is expected that the standards for all major industry sectors Essential Fish Habitat-Habitat Areas of vessels that harvest the species NMFS in the U.S. including for-hire businesses Particular Concern for snapper-grouper assumes to be most commonly (NAICS code 487210). A business

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 5515

primarily involved in the for-hire designated off Georgia. This proposed revenue could be more substantial. fishing industry is classified as a small rule would allow vessels in possession Nevertheless, based on the small size of business if it is independently owned of snapper-grouper species to transit each area and the high likelihood that and operated, is not dominant in its through spawning SMZs as long as their commercial vessels would substitute field of operation (including its fishing gear is properly stowed; landings in other areas, it is assumed affiliates), and has combined annual however, anchoring would be that any reduction in ex-vessel revenue receipts not in excess of $7.5 million for prohibited in all spawning SMZs, from this proposed rule would be all its affiliated operations worldwide. except for Area 51 and Area 53. minimal. Also, because transit would be All of the for-hire vessels directly The proposed 5.1-sq mi (13.2-sq km) permitted through the spawning SMZs, regulated by this proposed rule are South Cape Lookout Spawning SMZ off any impact to travel costs resulting from believed to be small entities based on North Carolina is estimated to result in the proposed rule is expected to be the SBA size criteria. an annual decrease in total commercial minimal as well. Finally, because No other small entities that would be ex-vessel revenues of $588 (2014 commercial vessels would not be directly affected by this proposed rule dollars), assuming commercial vessels allowed to fish for snapper-grouper have been identified. are unable to substitute landings from species in the spawning SMZs, the There are currently 668 commercial other areas. The proposed 3.03-sq mi prohibition on anchoring would not be vessels eligible to fish for the snapper- (7.8-sq km) Devil’s Hole/Georgetown expected to result in any additional grouper species managed under the Hole Spawning SMZ off South Carolina adverse economic effects. FMP. Based on the analysis included in is estimated to result in an annual With respect to for-hire businesses, Amendment 36, NMFS expects 438 of decrease in total ex-vessel revenue of the spawning SMZs in this proposed these vessels would be affected by this $86 (2014 dollars) using the same rule would place restrictions on where proposed rule (approximately 66 assumptions. Designation of the charter vessels and headboats can take percent). In addition, there are 1,502 for- artificial reef sites, Area 51 and Area 53 paying customers but would not directly hire vessels eligible to fish for snapper- (each 2.99 sq mi, 7.8 sq km), off South alter the services sold by these vessels. grouper species, all of which have the Carolina as spawning SMZs is not Therefore, direct effects on for-hire potential to be affected by this proposed expected to affect ex-vessel revenue, vessels resulting from this proposed rule rule. Because all of these commercial because these artificial habitat locations would be limited to potential increases and for-hire fishing businesses are were previously undisclosed to the in travel time and fuel consumption believed to be small entities, the issue public, and it is assumed there is very from having to change their usual of disproportionate effects on small little fishing activity occurring there. fishing locations, travel around the versus large entities does not arise in the The 3.6-sq mi (9.4-sq km) Warsaw Hole/ proposed spawning SMZs, or transit present case. 50 Fathom Hole Spawning SMZ off the through them with their gear properly Amendment 36 would modify the east coast of Florida is estimated to stowed. Because of the small size of the SMZ procedures in the FMP to include reduce total annual ex-vessel revenue by proposed spawning SMZs relative to all protection of any area important for $931 (2014 dollars). Again, this estimate available fishing grounds, their snapper-grouper spawning, including assumes that commercial vessels will substantial distance from shore, and the natural habitat, by designating spawning not substitute landings from other areas negligible amount of harvest from for- SMZs. Amendment 36 and this for the landings that are displaced by hire vessels estimated to occur in those proposed rule would also modify the the spawning SMZs. For the proposed framework procedures for the FMP to change to the Charleston Deep Artificial areas, this proposed rule is not expected include modifying or establishing Reef MPA, because the size of the MPA to have a measurable effect on for-hire spawning SMZs. These procedural would remain the same and there is vessel costs. With respect to potential changes would allow the Council to little known fishing effort occurring changes in for-hire revenue, any impact create or modify spawning SMZs, near the existing MPA boundary, it is that results from the proposed spawning including areas of natural habitat, under not expected to have a measurable effect SMZs would be a consequence of a the FMP framework process. However, on commercial ex-vessel revenue. change in recreational angler demand the procedural changes to allow the When all of the proposed spawning for for-hire services and, therefore, an Council to create or modify spawning SMZs are analyzed together, they are indirect effect of the proposed rule. SMZs would not directly regulate, nor estimated to result in an annual Because these potential revenue effects restrict access to specific fishing decrease in ex-vessel revenue of $1,605 are indirect, they fall outside the scope grounds. As such, they would not be (2014 dollars). Divided across all of the of the RFA. expected to directly affect the small commercial vessels expected to be Finally, the sunset provision entities identified in this analysis. affected by this proposed rule, this contained in this proposed rule would In addition to the procedural changes would result in a per-vessel annual remove most of the spawning SMZs 10 described above, this proposed rule decrease of only $4. Even if the entire years after implementation if not would create specific spawning SMZs estimated reduction in revenue was reauthorized by the Council, except for off North Carolina, South Carolina, and borne by a single commercial vessel, it the Area 51 and Area 53 Spawning the east coast of Florida. Within each would represent a less than 4 percent SMZs, which would remain. Although proposed spawning SMZ, fishing for, reduction in total ex-vessel revenue on this sunset provision sets a deadline for harvest, or possession of snapper- average. The model employed in this evaluating the success of spawning grouper species would be prohibited analysis assumed uniformly distributed SMZs and reauthorizing them, it is not year-round. In addition, this proposed effort within each logbook-reported area expected to directly influence the rule would move the existing Charleston and did not account for potential duration of each spawning SMZ, Deep Artificial Reef MPA 1.4 mi (2.3 redistribution of effort after each because the Council would have the km) to the northwest to match the closure. If fishermen are harvesting authority to modify the spawning SMZs boundary of the U.S. Army Corps of species within the proposed spawning at any time through the FMP framework Engineers’ permitted artificial reef area. SMZ areas at a much higher rate than procedures as described in this The size of the MPA would remain the elsewhere in the South Atlantic, the proposed rule. Therefore, the sunset same. No spawning SMZ would be effects of these closures on ex-vessel provision would not be expected to

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS 5516 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

directly affect commercial or for-hire gear must be appropriately stowed, as Points North lat. West long. fishing businesses. specified in paragraph (a)(2)(vii) of this No duplicative, overlapping, or section. Except for spawning SMZs of A ...... 24°22.277′ ... 82°20.417′. conflicting Federal rules have been Area 51 and Area 53, the spawning B ...... 24°22.277′ ... 82°18.215′. identified. In addition, no new SMZs in this paragraph are effective C ...... 24°20.932′ ... 82°18.215′. reporting, record-keeping, or other until [date 10 years and 30 days from D ...... 24°20.932′ ... 82°20.417′. compliance requirements are introduced the publication of the final rule in the A ...... 24°22.277′ ... 82°20.417′. by this proposed rule. Accordingly, this Federal Register]. A person on board proposed rule does not implicate the a fishing vessel may not anchor, use an (vii) For the purpose of paragraph Paperwork Reduction Act. anchor and chain, or use a grapple and (a)(2)(i) of this section, transit means The information provided above chain while in the spawning SMZs direct, non-stop progression through the supports a determination that this specified in paragraph (a)(2) of this spawning SMZ. Fishing gear proposed rule would not have a section. The anchoring prohibition does appropriately stowedmeans— significant economic impact on a not apply to fishing vessels in the substantial number of small entities. spawning SMZs of Area 51 and Area 53. (A) A longline may be left on the Because this proposed rule, if drum if all gangions and hooks are (ii) South Cape Lookout Spawning disconnected and stowed below deck. implemented, is not expected to have a SMZ is bounded by rhumb lines significant economic impact on any Hooks cannot be baited. All buoys must connecting, in order, the following be disconnected from the gear; however, small entities, an initial regulatory points: flexibility analysis is not required and buoys may remain on deck. none has been prepared. Point North lat. West long. (B) Trawl doors and nets must be out List of Subjects in 50 CFR Part 622 of the water, but the doors are not A ...... 33°53.040′ ... 76°28.617′. required to be on deck or secured on or Fisheries, Fishing, Marine protected B ...... 33°52.019′ ... 76°27.798′. below deck. area, South Atlantic, Special C ...... 33°49.946′ ... 76°30.627′. management zone. D ...... 33°51.041′ ... 76°31.424′. (C) A gillnet, stab net, or trammel net A ...... 33°53.040′ ... 76°28.617′. must be left on the drum. Any Dated: January 10, 2017. additional such nets not attached to the Samuel D. Rauch III, drum must be stowed below deck. Deputy Assistant Administrator for (iii) Devil’s Hole/Georgetown Hole Regulatory Programs,National Marine Spawning SMZ is bounded by rhumb (D) Terminal gear (i.e., hook, leader, Fisheries Service. lines connecting, in order, the following sinker, flasher, or bait) used with an For the reasons set out in the points: automatic reel, bandit gear, buoy gear, preamble, 50 CFR part 622 is proposed handline, or rod and reel must be to be amended as follows: Point North lat. West long. disconnected and stowed separately from such fishing gear. Sinkers must be PART 622—FISHERIES OF THE A ...... 32°34.311′ ... 78°33.220′. disconnected from the down rigger and ° ′ ° ′ CARIBBEAN, , AND B ...... 32 34.311 ... 78 34.996 . stowed separately. ° ′ ° ′ SOUTH ATLANTIC C ...... 32 32.748 ... 78 34.996 . D ...... 32°32.748′ ... 78°33.220′. (E) A trap, golden ° ′ ° ′ trap, or bass pot cannot be baited. ■ 1. The authority citation for part 622 A ...... 32 34.311 ... 78 33.220 . All buoys must be disconnected from continues to read as follows: the gear; however, buoys may remain on (iv) Area 51 Spawning SMZ is Authority: 16 U.S.C. 1801 et seq. deck. bounded by rhumb lines connecting, in ■ 2. In § 622.183, revise the table in order, the following points: * * * * * paragraph (a)(1)(i)(D) and add paragraph ■ 3. In § 622.194, revise paragraph (a) to (a)(2) to read as follows: Point North lat. West long. read as follows: § 622.183 Area and seasonal closures. A ...... 32°35.25′ ..... 79°28.6′. § 622.194 Adjustment of management (a) * * * B ...... 32°35.25′ ..... 79°27′. measures. (1) * * * C ...... 32°33.75′ ..... 79°27′. * * * * * (i) * * * D ...... 32°33.75′ ..... 79°28.6′ (D) * * * A ...... 32°35.25′ ..... 79°28.6′. (a) Biomass levels, age-structured analyses, target dates for rebuilding Point North lat. West long. (v) Area 53 Spawning SMZ is overfished species, MSY (or proxy), OY, ° ′ ° ′ bounded by rhumb lines connecting, in ABC, TAC, quotas (including a quota of A ...... 32 05.04 ..... 79 13.575 . zero), annual catch limits (ACLs), B ...... 32°09.65′ ..... 79°09.2′. order, the following points: C ...... 32°07.155′ ... 79°05.595′. annual catch targets (ACTs), AMs, D ...... 32°02.36′ ..... 79°09.975′. Point North lat. West long. maximum fishing mortality threshold A ...... 32°05.04′ ..... 79°13.575′. (MFMT), minimum stock size threshold A ...... 32°22.65′ ..... 79°22.25′. (MSST), trip limits, bag limits, size * * * * * B ...... 32°22.65′ ..... 79°20.5′. limits, gear restrictions (ranging from (2) Spawning SMZs. (i) Any fishing C ...... 32°21.15′ ..... 79°20.5′. regulation to complete prohibition), D ...... 32°21.15′ ..... 79°22.25′. seasonal or area closures, fishing year, vessel in a spawning SMZ is prohibited ° ′ ° ′ to fish for or harvest species in the A ...... 32 22.65 ..... 79 22.25 . rebuilding plans, definitions of essential snapper-grouper fishery management fish habitat, essential fish habitat, unit year-round. For a fishing vessel to (vi) Warsaw Hole/50 Fathom Hole essential fish habitat HAPCs or Coral possess snapper-grouper species on Spawning SMZ is bounded by rhumb HAPCs, restrictions on gear and fishing board while in a spawning SMZ, the lines connecting, in order, the following activities applicable in essential fish vessel must be in transit and fishing points: habitat and essential fish habitat

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 5517

HAPCs, and establish or modify any other address or individual, or specifications on recommendations spawning SMZs. received after the end of the comment from the Council at its 164th meeting * * * * * period. All comments received are a held October 21–22, 2015, and at its [FR Doc. 2017–00859 Filed 1–13–17; 4:15 pm] part of the public record and will 166th meeting held June 6–10, 2016. In BILLING CODE 3510–22–P generally be posted for public viewing all, the Council recommended 112 on www.regulations.gov without change. ACLs: 26 in American Samoa, 26 in All personal identifying information Guam, 26 in the CNMI, and 34 in DEPARTMENT OF COMMERCE (e.g., name, address, etc.), confidential Hawaii. The Council also recommended business information, or otherwise that NMFS specify multi-year ACLs and National Oceanic and Atmospheric sensitive information submitted AMs in fishing years 2015–2018. NMFS Administration voluntarily by the sender will be proposes to implement the publicly accessible. specifications for 2017 and 2018 50 CFR Part 665 NMFS prepared environmental separately, prior to each fishing year. Except for bottomfish in American [Docket No. 160422356–7026–01] analyses that describe the potential impacts on the human environment that Samoa, Guam, and the CNMI, and Guam RIN 0648–XE587 would result from the proposed ACLs jacks, Hawaii , and Hawaii and AMs. NMFS provided additional octopus, the proposed 2016 ACLs are Pacific Island Fisheries; 2016 Annual background information in the 2015 identical to those that NMFS specified Catch Limits and Accountability proposed and final specifications (80 FR for 2015 (80 FR 52415, August 31, Measures 43046, July 21, 2015; 80 FR 52415, 2015). For bottomfish in American Samoa, AGENCY: National Marine Fisheries August 31, 2015). Copies of the Service (NMFS), National Oceanic and environmental analyses and other Guam, and the Northern Mariana Atmospheric Administration (NOAA), documents are available at Islands, the 2016 ACLs are based on new estimates of maximum sustainable Department of Commerce. www.regulations.gov. yield (MSY) contained in a 2016 stock ACTION: Proposed specifications; request FOR FURTHER INFORMATION CONTACT: Matt assessment updated by the NMFS for comments. Dunlap, NMFS PIR Sustainable Pacific Islands Fisheries Science Center Fisheries, 808–725–5177. SUMMARY: NMFS proposes annual catch (PIFSC). This stock assessment update SUPPLEMENTARY INFORMATION: Fisheries limits (ACLs) for Pacific Island represents the best scientific in the U.S. Exclusive Economic Zone information available for specifying bottomfish, crustacean, precious coral, (EEZ, or Federal waters) around the U.S. and ecosystem fisheries, and ACLs. Pacific Islands are managed under For Guam jacks, Hawaii crabs, and accountability measures (AMs) to archipelagic fishery ecosystem plans Hawaii octopus, NMFS and the Council correct or mitigate any overages of catch (FEPs) for American Samoa, Hawaii, the determined that the average 2013–2015 limits. The proposed ACLs and AMs Pacific Remote Islands, and the Mariana catch for each of these three stock would be effective for fishing year 2016. Archipelago (Guam and the complexes exceeded their respective The fishing year for each fishery begins Commonwealth of the Northern Mariana 2015 ACLs. Specifically, average 2013– on January 1 and ends on December 31, Islands (CNMI)). A fifth FEP covers 2015 catch for Guam jacks was 37,399 except for precious coral fisheries, pelagic fisheries. The Western Pacific lb and exceeded the 2015 ACL of 29,300 which begin July 1 and end on June 30 Fishery Management Council (Council) lb by 8,099 lb. For Hawaii crabs, average the following year. Although the 2016 developed the FEPs, and NMFS 2013–2015 catch was 40,363 lb and fishing year has ended for most stocks, implemented them under the authority exceeded the 2015 ACL of 33,500 lb by we will evaluate 2016 catches against of the Magnuson-Stevens Fishery 6,863 lb. For Hawaii octopus, average these proposed ACLs when data become Conservation and Management Act 2013–2015 catch was 40,237 lb and available in mid-2017. The proposed (Magnuson-Stevens Act, 16 U.S.C. 1801, exceeded the 2015 ACL of 35,700 lb by ACLs and AMs support the long-term et seq.). 4,537 lb. In accordance with the 2015 sustainability of fishery resources of the Each FEP contains a process for the AMs (80 FR 52415, August 31, 2015), U.S. Pacific Islands. Council and NMFS to specify ACLs and and in consideration of the best DATES: NMFS must receive comments AMs; that process is codified at Title 50, available scientific information by February 2, 2017. Code of Federal Regulations, Section available, NMFS proposes to reduce the ADDRESSES: You may submit comments 665.4 (50 CFR 665.4). The regulations 2016 ACLs from the 2015 ACL by the on this document, identified by NOAA– require NMFS to specify, every fishing amount of the 2015 overages for each of NMFS–2016–0049, by either of the year, an ACL for each stock and stock the three stocks. As a result, the following methods: complex of management unit species proposed ACL for Guam jacks is 21,201 • Electronic Submission: Submit all (MUS) included in an FEP, as lb, 26,637 lb for Hawaii crabs, and electronic public comments via the recommended by the Council and 31,163 lb for Hawaii mollusks. Federal e-Rulemaking Portal. Go to considering the best available scientific, In addition, NMFS prepared an http://www.regulations.gov/ commercial, and other information updated environmental assessment for #!docketDetail;D=NOAA-NMFS-2016- about the fishery. If a fishery exceeds an Pacific Island crustacean and precious 0049, click the ‘‘Comment Now!’’ icon, ACL, the regulations require the Council coral fisheries to account for new complete the required fields, and enter to take action, which may include information on the fisheries. In or attach your comments. reducing the ACL for the subsequent December 2015, NMFS and the Council • Mail: Send written comments to fishing year by the amount of the received new information on the Michael D. Tosatto, Regional overage, or other appropriate action. historical and projected stock status of Administrator, NMFS Pacific Islands NMFS proposes to specify ACLs for Hawaii Kona crab. The information Region (PIR), 1845 Wasp Blvd., Bldg. bottomfish, crustacean, precious coral, indicates that the Hawaii Kona crab 176, Honolulu, HI 96818. and coral reef ecosystem fishery MUS in stock was likely to be overfished as of Instructions: NMFS may not consider American Samoa, Guam, the CNMI, and 2006. However, an independent review comments sent by any other method, to Hawaii. NMFS based the proposed identified data gaps and methodological

VerDate Sep<11>2014 16:51 Jan 17, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\18JAP1.SGM 18JAP1 mstockstill on DSK3G9T082PROD with PROPOSALS