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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 , 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 for or possessing South Atlantic RIN 0648–BI81 be publicly accessible. NMFS will snapper-grouper, and include requiring that descending devices be on board 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 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

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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. snapper-grouper fishery only constitute swell. NMFS is also seeking public comment approximately 5 percent landings from The descending device may either on an appropriate effective date for the South Atlantic Federal waters, any attach to the fish’s mouth or it may be measures proposed in this rule, if impacts on snapper-grouper species a container that will retain the fish implemented via final rule. NMFS from removing the powerhead while it is lowered to depth. The device usually has the measures implemented prohibition would be minimal. must be capable of releasing the fish at in a final rule effective 30 days after publication of the rule in the Federal Management Measures Contained in depth automatically, by actions of the Register, and is seeking comment on This Proposed Rule device operator, or by allowing the fish to escape on its own when at depth. whether this same delay in effectiveness This proposed rule would require would provide sufficient time to comply descending devices be on board all Non-Offset, Non-Stainless Steel Circle with the requirements as proposed in commercial, charter vessels and Hooks this rule. headboats (for-hire), and private Currently, the use of non-stainless recreational vessels while fishing for or steel circle hooks is required when Classification possessing snapper-grouper species, fishing for snapper-grouper species with Pursuant to section 304(b)(1)(A) of the require the use of non-offset, non- hook-and-line gear and natural baits Magnuson-Stevens Act, the NMFS stainless steel circle hooks when fishing north of 28° N latitude. This proposed Assistant Administrator has determined for snapper-grouper species with hook- rule would prohibit the use of offset that this proposed rule is consistent and-line gear and natural baits north of circle hooks north of 28° N latitude, and with Regulatory Amendment 29, the 28° N latitude, require all hooks be non- require the use of non-offset and non- Snapper-Grouper FMP, other provisions stainless steel when fishing for snapper- stainless steel circle hooks when fishing of the Magnuson-Stevens Act, and other grouper species with hook-and-line gear for snapper-grouper species with hook- applicable laws, subject to further and natural baits throughout the South and-line gear and natural baits north of consideration after public comment. Atlantic Federal waters, and allow the 28° N latitude. This proposed rule has been use of powerheads in Federal waters off As a result of public comment during determined to be not significant for South Carolina to harvest snapper- the development of Regulatory purposes of Executive Order 12866. grouper species. Amendment 29, the Council determined This proposed rule is not an Executive that requiring non-offset circle hooks Order 13771 regulatory action because Descending Devices south of 28° N latitude would result in this rule is not significant under This proposed rule would require at negative economic and social effects to Executive Order 12866. least one descending device to be on the for-hire industry because of the NMFS prepared an initial regulatory board and ready for use on commercial, fishing methods in that area that rely on flexibility analysis (IRFA) for this for-hire, and private recreational vessels using J-hooks. For-hire fishermen were proposed rule, as required by section while fishing for or possessing snapper- concerned that a requirement to use 603 of the RFA (5 U.S.C. 603). The IRFA grouper species. Regulatory Amendment circle hooks south of 28° N latitude describes the economic impact this 29 describes a descending device as a would hinder their ability to produce proposed rule, if adopted, would have tool to release a fish at the depth from fish for customers. on small entities. A description of this which the fish was caught or at a proposed rule, why it is being minimum depth of 50 ft (15.2 m). Non-Stainless Steel Hooks considered, and the objectives of this Additionally, a 16-ounce (454-g) or This proposed rule would require the proposed rule are contained in the heavier weight must be attached to the use of non-stainless steel hooks when preamble. The Magnuson-Stevens Act

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provides the statutory basis for this approximately $218,000 (2018 dollars) businesses to purchase, and ensure the proposed rule. A copy of the full in annual gross revenue. use of, such hooks as described above. analysis is available from NMFS (see For RFA purposes only, NMFS has No special professional skills would be ADDRESSES). A summary of the IRFA established a small business size necessary for compliance with this follows. standard for businesses, including their proposed rule. This proposed rule would apply to all affiliates, whose primary industry is The estimated lower bound cost per commercial vessels, for-hire vessels, and (see 50 CFR 200.2). vessel to purchase a descending device, private recreational anglers that fish for A business primarily engaged in based on advertised retail prices, plus or harvest snapper-grouper species in commercial fishing (NAICS code 11411) the cost of a qualifying weight and line, Federal waters of the South Atlantic. is classified as a small business if it is would be approximately $19 (2018 The RFA does not consider recreational independently owned and operated, is dollars). Commercial and for-hire anglers to be small entities, so they are not dominant in its field of operation businesses that already own suitable outside the scope of this analysis and (including its affiliates), and has descending devices would not need to only the impacts on commercial and for- combined annual receipts not in excess purchase new ones. hire fishing businesses will be of $11 million for all its affiliated The proposed requirement for discussed. operations worldwide. All of the commercial fishermen and for-hire As of October 2, 2019, there were 527 commercial fishing businesses directly anglers to use non-offset, non-stainless valid or renewable South Atlantic regulated by this proposed rule are steel circle hooks when fishing for snapper-grouper unlimited permits and believed to be small entities based on snapper-grouper species with hook-and- 104 valid or renewable 225-lb trip- the NMFS size standard. line gear and natural baits in the EEZ limited permits. On average from 2013 The Small Business Administration north of 28° N latitude (approximately through 2017, there were 568 federally (SBA) has established size standards for 25 miles south of Cape Canaveral, permitted commercial vessels with all major industry sectors in the U.S. Florida) would require some reported landings of snapper-grouper including for-hire businesses (NAICS commercial fishing businesses and species in the South Atlantic. Their code 487210). A business primarily potentially some for-hire vessels to average annual vessel-level gross involved in the for-hire purchase these hooks. The cost of revenue from all species for 2013 is classified as a small business if it is purchasing circle hooks is highly through 2017 was approximately independently owned and operated, is variable and would depend on how $47,000 (2018 dollars) and snapper- not dominant in its field of operation many hooks each commercial or for-hire grouper species accounted for 68 (including its affiliates), and has fishing business would need, as well as percent of this revenue. The maximum combined annual receipts not in excess the quantity of hooks included in each annual revenue from all species of $8 million for all its affiliated purchase. In general, the cost per hook reported by a single one of the operations worldwide. All of the for- may vary from approximately $0.30 per commercial vessels that landed South hire fishing businesses that would be hook to $1.00 per hook. If for-hire Atlantic snapper-grouper species from directly regulated by this proposed rule anglers supply their own hooks, then 2013 through 2017 was approximately are believed to be small entities based the impact to for-hire fishing businesses $1.5 million (2018 dollars). on the SBA size criteria. would be reduced. Additionally, non- As of October 2, 2019, there were No other small entities that would be offset circle hooks may reduce the 1,751 vessels with valid Federal charter directly affected by this propose rule catchability of some species, which vessel/headboat permits for South have been identified. could negatively affect catch efficiency Atlantic snapper-grouper. Although the This proposed rule would not on some fishing trips. In turn, this could for-hire permit application collects establish any new reporting or record- lead to a reduction in commercial ex- information on the primary method of keeping requirements. It would, vessel revenue or increased trip costs. It operation, the permit itself does not however, require owners or operators of is not possible to estimate the specific identify the permitted vessel as either a commercial and for-hire vessels to have costs that each business would face as charter vessel or a headboat. Operation a descending device on board when a result of the proposed as either a charter vessel or headboat is fishing for or possessing species in the requirement. Any change in for-hire not restricted by permitting regulations snapper-grouper fishery management anglers’ demand for for-hire fishing trips and vessels may operate in both unit (FMU). It would also require that (and associated economic effects) as a capacities on separate trips. However, commercial fishermen and for-hire result of the proposed circle hook only selected headboats are required to anglers use non-offset, non-stainless requirement would be secondary to any submit harvest and effort information to steel circle hooks when fishing for direct effect on anglers and, therefore, the NMFS Southeast Region Headboat species in the snapper-grouper FMU would be an indirect effect of the Survey (SRHS). Participation in the with hook-and-line gear and natural proposed rule. Indirect effects are not SRHS is based on determination by the baits in the South Atlantic exclusive relevant to the RFA. NMFS Southeast economic zone (EEZ) north of 28° N In addition, this proposed rule would Center (SEFSC) that the vessel primarily latitude (which is the latitude line require the use of non-stainless steel operates as a headboat. As of August 20, running east to west approximately 25 hooks when fishing for snapper-grouper 2019, 65 South Atlantic headboats were miles south of Cape Canaveral, Florida). species with hook-and-line gear and registered in the SRHS. As a result, of Finally, it would require that natural baits throughout the South the 1,751 vessels with Federal snapper- commercial fishermen and for-hire Atlantic EEZ. Commercial and for-hire grouper for-hire permits, up to 65 may anglers use non-stainless steel hooks vessels fishing north of the 28° N primarily operate as headboats and the when fishing for species in the snapper- latitude would not be affected because remainder as charter vessels. The grouper FMU with hook-and-line gear there is already a non-stainless steel average South Atlantic charter vessel is and natural baits throughout the South hook requirement in place there. The estimated to receive approximately Atlantic EEZ. To the extent that for-hire cost of purchasing non-stainless steel $123,000 (2018 dollars) in annual gross fishing businesses supply hooks is highly variable and would revenue. The average South Atlantic such as hooks to their customers, this depend on how many hooks each headboat is estimated to receive proposed action would require for-hire commercial or for-hire fishing business

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would need as well as the quantity of grouper species. The third alternative of purchasing circle hooks would hooks in each purchase. In general, the contained three sub-alternatives that depend on how many hooks each cost per non-stainless steel hook may would apply the venting device commercial or for-hire fishing business vary from approximately $0.30 per hook requirement to private recreational would need, as well as the quantity of to $1.00 per hook. Switching from vessels, for-hire vessels, and commercial hooks included in each purchase. The stainless to non-stainless steel would vessels, respectively. The estimated effect of switching to circle hooks in the likely decrease the useful lifespan of lower bound cost of purchasing a area south of 28° N latitude may have hooks, leading to a small increase in venting device, based on advertised a more pronounced effect on catch operating costs in the long term for retail prices, would be $6 (2018 dollars). efficiency there than in the rest of the commercial and for-hire businesses. If This is slightly cheaper than the South Atlantic EEZ. Stakeholders have for-hire anglers supply their own hooks, estimated cost of the preferred indicated that a circle hook requirement then the impact to for-hire fishing alternative. The third alternative was would negatively affect their ability to businesses would be reduced. Changing not selected by the Council because of catch snapper-grouper species when from stainless to non-stainless steel the higher mortality risk to released fish drift fishing, which is a common hooks would not be expected to affect associated with using venting devices practice in South Florida and the the harvest of snapper-grouper species incorrectly, versus using descending Florida Keys. The second sub- and, therefore, no reduction in devices. alternative was not selected because it commercial ex-vessel revenue would be Four alternatives were considered for would be expected to result in expected. the action to modify the requirement for substantial negative economic and Finally, this proposed rule would the use of non-stainless steel circle social effects, specifically to the for-hire allow federally permitted commercial hooks when fishing for or possessing industry that operates south of 28° N fishermen and for-hire anglers to use snapper-grouper species with hook-and- latitude. powerheads to harvest snapper-grouper line gear. The first alternative, the no The third alternative would require species in the EEZ off South Carolina. action alternative, would not modify non-offset, non-stainless steel circle This would increase the opportunity for current gear requirements and therefore hooks be on board a vessel possessing harvest in some circumstances, would not be expected to result in direct snapper-grouper species when fishing potentially leading to greater costs to any small entities. This with hook-and-line gear and natural commercial ex-vessel revenue or lower alternative was not selected by the baits within certain areas of the EEZ. harvest costs. It is not possible to Council because it would forgo any meaningfully estimate these potential improvements to snapper-grouper fish The third alternative contained two sub- economic effects with available data. stocks that could be achieved through alternatives. The first sub-alternative Any economic effects on for-hire fishing the use of non-offset, non-stainless steel would apply the non-offset, non- businesses would be indirect and would circle hooks north of 28° N latitude or stainless steel circle hook on board requirement to vessels in Federal waters depend on how anglers’ demand for for- increased usage of non-stainless steel ° hire trips changes as a result of hooks in general and resultant decreases north of 28 N latitude. Under this sub- removing the restriction on powerhead in release mortality. alternative, some commercial and for- The second alternative, selected as hire fishing businesses that fish for usage. Again, indirect effects are not ° relevant to the RFA. preferred by the Council, would require snapper-grouper species north of 28 N The following discussion describes the use of non-offset, non-stainless steel latitude would need to purchase non- the alternatives that were not selected as circle hooks when fishing for snapper- offset, non-stainless steel circle hooks to preferred by the South Atlantic Council. grouper species with hook-and-line gear have on board. This sub-alternative Three alternatives were considered for and natural baits within certain areas of would be expected to result in lower the action to specify requirements for the South Atlantic EEZ. The second direct costs to fishing businesses than the use of descending devices or venting alternative contained two sub- the preferred alternative, as non-offset, devices when fishing for or possessing alternatives. The first sub-alternative, non-stainless steel circle hooks would snapper-grouper species. The first which was selected as preferred, would only need to be on board the vessel and alternative, the no action alternative, apply the non-offset, non-stainless steel would likely not be used to the same would not require descending or circle hook fishing requirement to South extent as under the preferred venting devices to be on board when Atlantic Federal waters north of 28° N alternative. Under such circumstances, fishing for or possessing snapper- latitude. The second sub-alternative multiple circle hook types and sizes grouper species. This alternative would would apply the non-offset, non- would not be necessary to satisfy the not be expected to result in direct costs stainless steel circle hook fishing circle hook requirement. Additionally, J- to any small entities. It was not selected requirement throughout the extent of hooks or treble hooks could be used to by the Council because it would forgo the Council’s jurisdiction (from the harvest snapper-grouper species, which any improvements to snapper-grouper North Carolina and Virginia border may increase the catchability of some that could be achieved through Key West, Florida), except that species in comparison to circle hooks. through the increased usage of other non-stainless steel hook types To the extent that catch efficiency descending or venting devices and would be allowed to be used when increases on commercial fishing trips, resultant decreases in release mortality. fishing for yellowtail snapper with this could result in an increase in The second alternative and three sub- natural baits. The second sub-alternative commercial trip profitability. The alternatives, which were all selected as would be expected to affect a greater second sub-alternative would apply the preferred by the Council, would require number of commercial and for-hire non-offset, non-stainless steel circle a descending device be on board private fishing businesses because of the larger hook on board requirement throughout recreational, for-hire, and commercial area to which it would apply and the extent of the Council’s jurisdiction, vessels, respectively, when fishing for or because there is currently no circle hook except that other non-stainless steel possessing snapper-grouper species. requirement in place when fishing for hook types would be allowed to be used The third alternative would require a snapper-grouper species south of 28° N when fishing for yellowtail snapper venting device be on board a vessel latitude. As discussed under the effects with natural baits. The second sub- when fishing for or possessing snapper- of the preferred sub-alternative, the cost alternative would require that

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commercial and for-hire fishing opportunities to recreationally harvest PART 622—FISHERIES OF THE businesses that fish for snapper-grouper snapper-grouper species in the EEZ of CARIBBEAN, GULF, AND SOUTH species anywhere in the South Atlantic the South Atlantic, but would not be ATLANTIC EEZ purchase non-offset, non-stainless expected to have any direct effects on steel circle hooks to have on board. for-hire fishing businesses. Any effects ■ 1. The authority citation for part 622 Because J-hooks and treble hooks may on for-hire fishing businesses would be continues to read as follows: already be used while fishing for indirect and would depend on how snapper-grouper species with natural anglers’ demand for for-hire trips Authority: 16 U.S.C. 1801 et seq. bait south of 28° N latitude, the second changes as a result of powerhead § 622.182 [Amended] sub-alternative would be expected to restrictions. The second sub-alternative have comparable effects on catch would apply the prohibition of ■ 2. In § 622.182, remove and reserve efficiency as the first sub-alternative. powerheads in the EEZ to commercial paragraph (c). The third alternative and two sub- vessels. This would remove some ■ 3. In § 622.188, revise paragraph (a)(2) alternatives were not selected by the opportunities to commercially harvest and add paragraphs (a)(3) and (4) to read Council, because they were expected to snapper-grouper species in the EEZ of as follows: be less likely than the preferred the South Atlantic, which may lead to alternative to reduce release mortality. decreased trip profits for some § 622.188 Required gear, authorized gear, The fourth alternative, also selected as commercial businesses. Using the and unauthorized gear. preferred, would require the use of non- average annual ex-vessel revenue stainless steel hooks when fishing for estimates from powerhead fishing in the (a) * * * snapper-grouper species with hook-and- South Atlantic EEZ from 2013 through (2) Non-offset, non-stainless steel line gear and natural baits in the South 2017, NMFS estimates the upper bound circle hooks. Non-offset, non-stainless Atlantic EEZ. cost of this sub-alternative would be steel circle hooks are required to be Three alternatives were considered for $261,000 (2018 dollars) per year or used when fishing for South Atlantic the action to adjust powerhead approximately $460 per commercial snapper-grouper with hook-and-line prohibitions in the South Atlantic vessel. The true cost of this sub- gear and natural baits north of 28° N. lat. region. The first alternative, the no alternative would likely be much less, (3) Non-stainless steel hooks. Non- action alternative, would not modify because commercial fishermen could stainless steel hooks are required to be existing powerhead regulations or substitute powerhead landings with used when fishing for South Atlantic restrictions, and therefore, would not be landings by other gear types or in other expected to have direct economic effects snapper-grouper with hook-and-line areas. The third alternative and two sub- ° on any small entities. Under the no alternatives were not selected by the gear and natural baits south of 28 N. action alternative, harvest of snapper- Council because they would lat. grouper species by powerhead in the unnecessarily reduce fishing (4) Descending device. At least one EEZ off South Carolina would continue opportunities in the South Atlantic EEZ descending device is required to be on to be prohibited. This alternative was and potentially result in negative board a vessel and be ready for use not selected by the Council because it economic effects to fishermen. while fishing for or possessing South would fail to ensure consistent No duplicative, overlapping, or Atlantic snapper-grouper. Descending regulations for the dive component of conflicting Federal rules have been device means an instrument capable of the South Atlantic snapper-grouper identified. In addition, because no new fishery. releasing the fish at the depth from reporting or record-keeping which the fish was caught and to which The second alternative and two sub- requirements are introduced by this alternatives were selected as preferred is attached a minimum of a 16-ounce proposed rule, the Paperwork Reduction (454-gram) weight and a minimum of a and would allow private recreational, Act does not apply to this proposed 60-ft (15.2-m) length of line. The for-hire, and commercial vessels to use rule. powerheads for harvest of snapper- descending device may either attach to grouper species in the EEZ off South List of Subjects in 50 CFR Part 622 the fish’s mouth or be a container that Carolina. Fisheries, Fishing, Grouper, Snapper, will retain the fish while it is lowered The third alternative would prohibit South Atlantic. to depth. The device must be capable of the use of a powerhead for harvest of Dated: April 13, 2020. releasing the fish automatically, by snapper-grouper species in the EEZ of actions of the operator of the device, or Samuel D. Rauch III, the entire South Atlantic region. The by allowing the fish to escape on its Deputy Assistant Administrator for third alternative contained two sub- own when at depth. alternatives. The first sub-alternative Regulatory Programs, National Marine would apply the prohibition of Fisheries Service. * * * * * powerheads in the EEZ to private For the reasons set out in the [FR Doc. 2020–08093 Filed 4–17–20; 4:15 pm] recreational and for-hire vessels. This preamble, 50 CFR part 622 is proposed BILLING CODE 3510–22–P sub-alternative would remove some to be amended as follows:

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