Federal Register/Vol. 85, No. 77/Tuesday, April 21, 2020
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22118 Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Proposed Rules A, as they currently exist or may Regional Office, 263 13th Avenue mitigation device such as a descending hereafter be amended. South, St. Petersburg, FL 33701. device or venting tool. Though venting [FR Doc. 2020–07629 Filed 4–20–20; 8:45 am] Instructions: Comments sent by any tools may be faster to use than BILLING CODE 6712–01–P other method, to any other address or descending devices, venting tools have individual, or received after the end of the potential to damage vital organs the comment period, may not be because they penetrate the abdomen of considered by NMFS. All comments the fish, and therefore because it could DEPARTMENT OF COMMERCE received are a part of the public record cause additional stress to fish if not National Oceanic and Atmospheric and will generally be posted for public used correctly, the Council chose not to Administration viewing on www.regulations.gov require venting tools in Regulatory without change. All personal identifying Amendment 29. Regulatory Amendment 29 proposes 50 CFR Part 622 information (e.g., name, address, etc.), confidential business information, or measures that would apply to any [Docket No. 200408–0104] otherwise sensitive information commercial or recreational fishermen submitted voluntarily by the sender will fishing for or possessing South Atlantic RIN 0648–BI81 be publicly accessible. NMFS will snapper-grouper, and include requiring that descending devices be on board Fisheries of the Caribbean, Gulf of accept anonymous comments (enter ‘‘N/ vessels and encouraging their use when Mexico, and South Atlantic; Snapper- A’’ in required fields if you wish to appropriate, as well as requiring the use Grouper Fishery of the South Atlantic remain anonymous). of fish hooks that reduce or minimize Region; Regulatory Amendment 29 Electronic copies of Regulatory Amendment 29 may be obtained from gut-hooking or foul-hooking and AGENCY: National Marine Fisheries www.regulations.gov or the Southeast increase the survivability of fish after Service (NMFS), National Oceanic and Regional Office website at https:// release. Atmospheric Administration (NOAA), www.fisheries.noaa.gov/action/ As described in Regulatory Commerce. regulatory-amendment-29-gear- Amendment 29, studies have shown that if properly used and maintained, ACTION: Proposed rule; request for requirements-south-atlantic-snapper- descending devices relieve symptoms of comments. grouper-species includes an environmental assessment, regulatory barotrauma, and can decrease potential SUMMARY: NMFS proposes to implement impact review, and Regulatory discard mortality of released fish. The management measures described in Flexibility Analysis (RFA). proposed rule would not require the use Regulatory Amendment 29 to the of a descending device because it may FOR FURTHER INFORMATION CONTACT: not be needed every time; however, the Fishery Management Plan for the Frank Helies, NMFS Southeast Regional Snapper-Grouper Fishery of the South gear would be required to be readily Office, telephone: 727–824–5305, or available on a vessel for use when Atlantic Region (Snapper-Grouper email: [email protected]. FMP), as prepared and submitted by the fishing for or possessing snapper- SUPPLEMENTARY INFORMATION: NMFS and South Atlantic Fishery Management grouper species. It is the Council’s the Council manage the snapper-grouper Council (Council). If implemented, this intent that fishermen use a descending fishery under the Snapper-Grouper proposed rule would require descending device only when a fish may be FMP. The Snapper-Grouper FMP was devices be on board vessels and require experiencing barotrauma. prepared by the Council and is the use of specific fish hook types while Currently, fishermen must use non- implemented by NMFS through fishing for or possessing snapper- stainless steel circle hooks when fishing regulations at 50 CFR part 622 under the grouper species. The proposed rule for snapper-grouper species with hook- authority of the Magnuson-Stevens would also allow the use of powerheads and-line gear and natural baits north of Fishery Conservation and Management ° in Federal waters off South Carolina to 28 N latitude, which is the latitude line Act (Magnuson-Stevens Act) (16 U.S.C. running east to west approximately 25 harvest snapper-grouper species. The 1801 et seq.). miles south of Cape Canaveral, Florida; purpose of this proposed rule is to fishermen are allowed to use either modify fishing gear requirements to Background offset or non-offset circle hooks (50 CFR promote best fishing practices and to Commercial and recreational 622.188(a)(2)). A fish hook is offset if ensure consistent regulations for the fishermen have expressed concern to the front of the hook, which includes dive component of the snapper-grouper the Council at their public meetings the hook point and barb, is not in-line fishery. about regulations that result in released with the hook shank. A non-offset hook DATES: Written comments on the snapper-grouper species that do not has the point and barb in-line with the proposed rule must be received by May survive, particularly South Atlantic red hook shank. The existing regulations 6, 2020. snapper. Fishermen have reported that require that circle hooks must be made ADDRESSES: You may submit comments some released fish die due to foul- of non-stainless steel, but other hook on the proposed rule, identified by hooking, e.g., when hooked in the types, such as J-hooks, may be either ‘‘NOAA–NMFS–2020–0008,’’ by either stomach or outside of the mouth, or stainless steel or non-stainless steel. of the following methods: through barotrauma, which is injury Non-offset circle hooks can reduce the • Electronic submission: Submit all caused by internal gas expansion when occurrence of hooking-related mortality electronic comments via the Federal e- reeled up from depth. To improve the (when compared to offset circle hooks Rulemaking Portal. Go to http:// survivorship of released snapper- and J-hooks) and can improve www.regulations.gov/docket?D=NOAA- grouper species, the Council considered survivorship of released fish. Requiring NMFS-2020-0008, click the ‘‘Comment measures that would encourage the use their use as opposed to just requiring Now!’’ icon, complete the required of best fishing practices that aim to them to be on board ensures that full fields, and enter or attach your reduce the negative impacts to live fish potential benefits of using this gear type comments. released after capture. An example of a are realized. Also, non-stainless steel • Mail: Submit all written comments best fishing practice considered by the hooks degrade faster than stainless steel to Frank Helies, NMFS Southeast Council includes utilizing a barotrauma hooks, so any fish released with an VerDate Sep<11>2014 21:17 Apr 20, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 E:\FR\FM\21APP1.SGM 21APP1 lotter on DSKBCFDHB2PROD with PROPOSALS Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Proposed Rules 22119 embedded non-stainless steel hook descending device. Because releasing a fishing for snapper-grouper species with would likely have a greater chance of fish at a specific minimum depth would hook-and-line gear and natural baits survival. be difficult to comply with and enforce, throughout Federal waters in the South The final rule implementing this proposed rule defines a descending Atlantic region. Similar to the proposed Amendment 7 to the Snapper-Grouper device as an instrument capable of requirement to use non-offset, non- FMP prohibited the use of powerheads releasing the fish at the depth from stainless steel circle hooks north of 28° to harvest snapper-grouper species in which the fish was caught and to which N latitude, this proposed measure is Federal waters off South Carolina due to is attached a minimum of a 16-ounce expected to provide biological benefits concern for potential localized (454-gram) weight and a minimum of a as stated earlier to snapper-grouper depletion of these species from divers 60-ft (18.3-m) length of line. A 16-ounce species in South Atlantic Federal using powerheads (59 FR 66270, weight is available at many tackle shops waters. December 23, 1994); however, the use of and is heavy enough to descend a Powerhead Use Off South Carolina powerheads is allowed in Federal majority of snapper-grouper species waters off North Carolina, Georgia, and subject to barotrauma. A minimum line Currently, a powerhead may not be the east coast of Florida. A powerhead length of 50 ft (15.2-m) was discussed used to harvest snapper-grouper in is a type of fishing gear that includes by the Council because 50 ft is the Federal waters off South Carolina, but is any device with an explosive charge, standard minimum release depth setting allowed in Federal waters off North usually attached to a spear gun, spear, on commercially available descending Carolina, Georgia, and the east coast of pole, or stick that fires a projectile upon devices. After further consideration, and Florida. This proposed rule would contact with the fish. Fishermen have to achieve the Council’s intent for depth remove the powerhead prohibition in expressed concern to the Council at of release, NMFS proposes that a Federal waters off South Carolina. The public meetings regarding inequitable minimum of 60 ft (18.3 m) of line be proposed rule would increase access for the dive component of the attached to a descending device to consistency in regulations throughout snapper-grouper fishery off South ensure fish are released at a minimum South Atlantic Federal waters, would be Carolina because they are prohibited depth of 50 ft (15.2-m) while someone expected to reduce regulatory confusion from using powerheads. The Council using the descending device is standing among commercial and recreational determined that because the commercial on the deck of a vessel, as well as to dive fishermen, and aid in compliance and recreational dive components of the account for possible ocean current or and enforcement efforts.