50104 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.190, suspend paragraphs 

(a)(2)(i) through (iii) and add paragraphs 

(a)(2)(iv) through (vi) to read as follows: 

§ 622.190 Quotas. 

* * * * * 

(a) * * * 

(2) * * * 

(iv) Hook-and-line and longline 

components combined—313,310 lb 

(142,115 kg). 

(v) Hook-and-line component—78,328 

lb (35,529 kg). 

(vi) Longline component—234,982 lb 

(106,586 kg). 

* * * * * 

■ 3. In § 622.193, suspend paragraphs 

(a)(1)(i), (ii), and (iii), and (a)(2), and 

add paragraphs (a)(1)(iv), (v), and (vi), 

and (a)(3) to read as follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

(a) * * * 

(1) * * * 

(iv) Hook-and-line component. If 

commercial landings for golden tilefish, 

as estimated by the SRD, reach or are 

projected to reach the commercial ACL 

(commercial quota) specified in 

§ 622.190(a)(2)(v), the AA will file a 

notification with the Office of the 

Federal Register to close the hook-andline component of the commercial 

sector for the remainder of the fishing 

year. Applicable restrictions after a 

commercial quota closure are specified 

in § 622.190(c). 

(v) Longline component. If 

commercial landings for golden tilefish, 

as estimated by the SRD, reach or are 

projected to reach the commercial ACL 

(commercial quota) specified in 

§ 622.190(a)(2)(vi), the AA will file a 

notification with the Office of the 

Federal Register to close the longline 

component of the commercial sector for 

the remainder of the fishing year. After 

the commercial ACL for the longline 

component is reached or projected to be 

reached, golden tilefish may not be 

fished for or possessed by a vessel with 

a golden tilefish longline endorsement. 

Applicable restrictions after a 

commercial quota closure are specified 

in § 622.190(c). 

(vi) If commercial landings of golden 

tilefish, as estimated by the SRD, exceed 

the commercial ACL (including both the 

hook-and-line and longline component 

quotas) specified in § 622.190(a)(2)(iv), 

and the combined commercial and 

recreational ACL of 323,000 lb (146,510 

kg), gutted weight, 361,760 lb (164,092 

kg), round weight, is exceeded during 

the same fishing year, and golden 

tilefish are overfished based on the most 

recent Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register 

to reduce the commercial ACL for that 

following fishing year by the amount of 

the commercial ACL overage in the 

prior fishing year. 

* * * * * 

(3) Recreational sector. (i) If 

recreational landings of golden tilefish, 

as estimated by the SRD, reach or are 

projected to reach the recreational ACL 

of 2,187 fish, the AA will file a 

notification with the Office of the 

Federal Register to close the recreational 

sector for the remainder of the fishing 

year regardless if the stock is overfished, 

unless NMFS determines that no closure 

is necessary based on the best scientific 

information available. On and after the 

effective date of such a notification, the 

bag and possession limits for golden 

tilefish in or from the South Atlantic 

EEZ are zero. 

(ii) If recreational landings of golden 

tilefish, as estimated by the SRD, exceed 

the recreational ACL, then during the 

following fishing year recreational 

landings will be monitored for a 

persistence in increased landings, and if 

necessary, the AA will file a notification 

with the Office of the Federal Register 

to reduce the length of the recreational 

fishing season and the recreational ACL 

by the amount of the recreational ACL 

overage, if the species is overfished 

based on the most recent Status of U.S. 

Fisheries Report to Congress, and if the 

combined commercial and recreational 

ACL of 323,000 lb (146,510 kg), gutted 

weight, 361,760 lb (164,092 kg), round 

weight, is exceeded during the same 

fishing year. The AA will use the best 

scientific information available to 

determine if reducing the length of the 

recreational fishing season and 

recreational ACL is necessary. When the 

recreational sector is closed as a result 

of NMFS reducing the length of the 

recreational fishing season and ACL, the 

bag and possession limits for golden 

tilefish in or from the South Atlantic 

EEZ are zero. 

* * * * * 

[FR Doc. 2017–23453 Filed 10–27–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170619570–7570–01] 

RIN 0648–BG92 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Modifications to the Number of 

Unrigged Hooks Carried On Board 

Bottom Longline Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in an 

abbreviated framework action to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP), as prepared by the Gulf of 

Mexico (Gulf) Fishery Management 

Council (Council). This proposed rule 

would remove the limit on the number 

of unrigged hooks that a commercial 

reef fish vessel with a bottom longline 

endorsement is allowed on board when 

using or carrying bottom longline gear 

in the Federal waters of the eastern Gulf. 

The proposed rule would not change the 

limit of 750 hooks that these vessels can 

have rigged for fishing at any given 

time. The purpose of the proposed rule 

is to reduce the regulatory and potential 

economic burden to bottom longline 

fishers. 

DATES: Written comments must be 

received by November 14, 2017. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2017–0081’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic comments via the Federal 

Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0081, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

your attached comments. 

• Mail: Submit all written comments 

to Kelli O’Donnell, NMFS Southeast 

Regional Office (SERO), 263 13th 

Avenue South, St. Petersburg, FL 33701. 

• Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 


nlaroche on DSK9F9SC42PROD with PROPOSALS
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 50105 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in required fields if you wish to 

remain anonymous). 

Electronic copies of the abbreviated 

framework action, which includes an 

environmental assessment, Regulatory 

Flexibility Act (RFA) analysis, and a 

regulatory impact review, may be 

obtained from www.regulations.gov or 

the SERO Web site at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/gulf_fisheries/reef_fish/2017/ 

Unrigged%20hooks/Unrigged_hooks_

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS SERO, 

telephone: 727–824–5305, email: 

Kelli.ODonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery includes the 

commercial bottom longline component 

and is managed under the FMP. The 

Council prepared the FMP and NMFS 

implements the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Steven Act) through 

regulations at 50 CFR part 622. 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the 

optimum yield from federally managed 

fish stocks to ensure that fishery 

resources are managed for the greatest 

overall benefit to the nation. 

In 2008, using data from Federal 

fishery observers, the NMFS Southeast 

Fisheries Science Center estimated sea 

turtle takes by the commercial bottom 

longline component of the Gulf reef fish 

fishery exceeded the 3-year anticipated 

take levels that were described in the 

2005 Endangered Species Act biological 

opinion on the reef fish fishery. 

Therefore, the Council and NMFS 

developed management measures in 

Amendment 31 to the FMP to reduce 

sea turtle takes by the bottom longline 

component of the Gulf reef fish fishery 

(75 FR 21512; April 26, 2010). These 

management measures require an 

endorsement to the Federal commercial 

reef fish permit to fish for reef fish using 

bottom longline gear in the Gulf east of 

85°30′ west longitude (near Cape San 

Blas, FL), and a seasonal closure for 

bottom longline gear use in that area. In 

addition, vessels in that area that have 

the endorsement and are fishing with 

bottom longline gear or have bottom 

longline gear on board cannot possess 

more than 1,000 hooks total per vessel 

of which no more than 750 hooks can 

be rigged for fishing. 

Management Measures Contained in 

This Proposed Rule 

This proposed rule would remove the 

current limitation on the number of 

unrigged hooks allowed per bottom 

longline vessel in the eastern Gulf EEZ, 

while retaining the limit of 750 hooks 

that can be rigged for fishing. 

Since the implementation of 

Amendment 31, bottom longline 

endorsement holders using bottom 

longline gear in the eastern Gulf EEZ 

have reported increases in bottom 

longline hook losses due to shark biteoffs and through normal fishing effort. 

Therefore, vessel operators that use 

bottom longline gear in the eastern Gulf 

EEZ requested that the Council increase 

the number of total unrigged hooks per 

vessel, while still keeping in place the 

restriction of 750 hooks rigged to fish at 

any one time. 

Observer data from 2010–2016 has 

shown the average amount of hooks lost 

per commercial bottom longline trip in 

the eastern Gulf EEZ is 300 hooks. 

Under the current total possession limit, 

if more than 250 hooks are lost, a vessel 

either has to fish with fewer than 750 

hooks, get additional hooks from other 

vessels to maintain the maximum 

number of hooks in the water, or return 

to port. Based on public testimony, 

removing the restriction on the total 

number of hooks kept on board is 

expected to make trips more economical 

by allowing fishing with the maximum 

number of hooks to continue without 

having to return to port or request 

additional hooks from other vessels. In 

addition, maintaining the current limit 

of 750 hooks rigged for fishing would 

preserve the reductions in sea turtle 

interactions since the implementation of 

Amendment 31. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is as follows. 

A description of this proposed rule, 

why it is being considered, and the 

objectives of, and legal basis for this 

proposed rule are contained in the 

preamble. 

This proposed rule would directly 

affect commercial fishing vessels that 

use bottom longline gear to harvest reef 

fish from the Gulf EEZ east of 85°30′ 

west longitude, east of Cape San Blas, 

FL. These vessels are required to have 

an eastern Gulf reef fish bottom longline 

endorsement, and as of July 6, 2017, 62 

vessels have that endorsement. 

NMFS estimates up to 62 commercial 

longline vessels could be directly 

affected annually, and that 36 to 37 

businesses own these 62 vessels. These 

businesses represent approximately 6 

percent of the 631 businesses that own 

at least one commercial fishing vessel 

with a Gulf reef fish permit. NMFS 

expects that most to all of the directly 

affected vessels make their landings in 

Florida, and from 2011 through 2015, an 

annual average of 59 longline vessels 

landed Gulf reef fish in the state and 

individually landed an average of 

71,130 lb (32,264 kg), gutted weight, of 

reef fish annually. With an average 2015 

dockside price of $4.01 per lb, gutted 

weight, the average longline vessel had 

annual dockside revenue of $285,231 

from reef fish landings. That annual 

revenue is estimated to represent 

approximately 98 to 99 percent of the 

average longline vessel’s annual 

revenues from all landings. 

For RFA purposes, 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 involved in 

commercial fishing (NAICS 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 its 

combined annual receipts are not in 

excess of $11 million for all of its 

affiliated operations worldwide. Based 

on the average annual dockside revenue 

of a longline vessel, it is expected that 

most to all of the businesses that would 

be directly affected by the proposed rule 

are small. 

Since May 2010, within the Gulf EEZ 

east of 85°30′ west longitude, a vessel 

for which a valid eastern Gulf reef fish 

bottom longline endorsement has been 

issued and that is fishing bottom 

longline gear or has bottom longline 


nlaroche on DSK9F9SC42PROD with PROPOSALS
50106 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Proposed Rules 

gear on board cannot possess more than 

a total of 1,000 hooks, and no more than 

750 hooks can be rigged for fishing at 

any given time. 

Industry representatives have 

indicated that a total of 1,000 hooks is 

not enough on long trips to compensate 

for hook losses due to sharks’ biting 

hooks off and other general reasons. 

Under the current total possession limit, 

if more than 250 hooks are lost, a vessel 

either has to fish with fewer than 750 

hooks or acquire additional hooks from 

other vessels to maintain the maximum 

number of hooks in the water. A third 

option is for the vessel to end the trip 

and return to port; however, that 

reduces the vessel landings. Observer 

data indicates an average of over 250 

hooks were lost per trip from 2011 

through 2016; however, despite the total 

hook limit and the average hook loss, 

average landings of reef fish per longline 

trip increased over that time. 

The proposed rule would allow a 

vessel with a longline endorsement to 

possess an unlimited number of hooks, 

but it would not change the maximum 

number that can be rigged for fishing. 

Any bottom longline vessel that would 

increase the total number of hooks it 

possesses beyond 1,000 would do so 

only if there were an economic benefit 

of doing so. Removing the limit on the 

number of unrigged hooks that can be 

onboard is expected to improve fishers’ 

ability to maintain the maximum 

number of rigged hooks over the 

duration of a trip. There is insufficient 

information to estimate the number of 

vessels that may benefit from possessing 

more than 1,000 hooks and the 

magnitude of such a benefit. 

NMFS expects this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities, and an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. In addition, no new 

reporting, record-keeping, or other 

compliance requirements are introduced 

by this proposed rule. Accordingly, this 

proposed rule does not implicate the 

Paperwork Reduction Act. 

List of Subjects in 50 CFR Part 622 

Bottom longline gear, Fisheries, 

Fishing, Gulf of Mexico, Reef fish. 

Dated: October 24, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.35, revise the first sentence 

of paragraph (b)(3) to read as follows: 

§ 622.35 Gear restricted areas. 

* * * * * 

(b) * * * 

(3) Within the Gulf EEZ east of 85°30′ 

W. long., a vessel for which a valid 

eastern Gulf reef fish bottom longline 

endorsement has been issued that is 

fishing bottom longline gear or has 

bottom longline gear on board cannot 

possess more than 750 hooks rigged for 

fishing at any given time. * * * 

* * * * * 

[FR Doc. 2017–23460 Filed 10–27–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170627602–7602–01] 

RIN 0648–BG98 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Whiting; Pacific Coast 

Groundfish Fishery Management Plan; 

Amendment 21–3; Trawl 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes this interim 

measure to change the management of 

the Pacific whiting at-sea sectors’ (i.e., 

the Mothership (MS) and Catcher/ 

Processor (C/P) sectors) allocations for 

darkblotched rockfish and Pacific ocean 

perch (POP) by managing the allocations 

as set-asides rather than as total catch 

limits. This rule also proposes 

regulations in accordance with 

Amendment 21–3 to the Pacific Coast 

Groundfish Fishery Management Plan 

(PCGFMP) (see electronic access under 

SUPPLEMENTARY INFORMATION). The 

proposed action would revise 

regulations so that higher than 

anticipated harvest of darkblotched 

rockfish or POP that exceeds a sector’s 

initial distribution of those species 

would not require automatic closure of 

one or more of the Pacific whiting at-sea 

sectors. This action is intended to 

reduce the risk of those sectors not 

attaining their respective Pacific whiting 

allocations based on the incidental 

catch of darkblotched rockfish or POP, 

when allowing the sector(s) to remain 

open would not exceed their respective 

annual catch limit (ACLs). This action 

would not change or increase the risk of 

exceeding darkblotched rockfish or POP 

ACL, as the proposed rule would also 

allow NMFS to close one or both of the 

MS and C/P sectors via automatic action 

if the species-specific set-aside amounts 

plus the available reserve for unforeseen 

catch events, known colloquially as the 

‘‘buffer,’’ are anticipated to be exceeded. 

DATES: Comments on this proposed rule 

must be received no later than 

November 27, 2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0102 by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0102, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Barry A. Thom, Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070, Attn: Miako 

Ushio. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 


nlaroche on DSK9F9SC42PROD with PROPOSALS