[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Proposed Rules]
[Pages 58455-58459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24251]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110819519-1560-01]
RIN 0648-BB22
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management actions described in a
regulatory amendment to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico
Fishery Management Council (Council). If
[[Page 58456]]
implemented, this rule would increase the 2011 commercial quota for red
grouper, and thereby increase the 2011 commercial quota for shallow-
water grouper (SWG), set the commercial quota for red grouper and SWG
from 2012 to 2015 and subsequent fishing years, and increase the red
grouper bag limit to four fish within the current four-fish aggregate
bag limit. The increase in the recreational bag limit will allow the
recreational sector to harvest the increase in the recreational
allocation established in the regulatory amendment. The intended effect
of this proposed rule is to help prevent overfishing of red grouper
while achieving optimum yield (OY) by increasing the red grouper
harvest consistent with the findings of the recent rerun of the stock
assessment for this species using updated information.
DATES: Written comments must be received on or before October 6, 2011.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2011-0199'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0199'' in the keyword search and click on ``search.'' To view
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0199'' in the keyword search and click on ``search.'' NMFS will accept
anonymous comments (enter N/A in the required field if you wish to
remain anonymous). You may submit attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments through means not specified in this rule will not be
accepted.
Electronic copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, may be
obtained from the Southeast Regional Office Web Site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone: 727-824-5305, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801 et seq.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally-managed fish stocks. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the Nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery managers to end overfishing of stocks while achieving OY from
the fishery, and to minimize bycatch and bycatch mortality to the
extent practicable.
Status of Stock
Red grouper was declared overfished and placed under a rebuilding
plan in 2004. A 2007 Southeast Data, Assessment, and Review (SEDAR)
stock assessment determined that overfishing had ended and stock
biomass had increased to near its OY spawning stock biomass. With this
update in stock status, new regulations were implemented in 2009 (74 FR
17603, April 16, 2009) through Amendment 30B to the FMP, that increased
the commercial red grouper quota from 5.31 million lb (2.41 million kg)
to 5.75 million lb (2.61 million kg) and increased the red grouper bag
limit from one fish to two fish (within the four-fish grouper aggregate
bag limit).
The 2007 SEDAR red grouper assessment was updated in 2009. The
assessment update indicated that the stock continues to be neither
overfished nor undergoing overfishing. However, the assessment update
indicated the stock had declined since 2005. A large part of the
decline was attributed to an episodic mortality event in 2005 (most
likely associated with red tide) that resulted in an approximate 20
percent mortality of the red grouper stock, in addition to mortalities
resulting from fishing and other natural causes. As a result of the
findings of the assessment update, the Council's Scientific and
Statistical Committee (SSC) recommended an acceptable biological catch
(ABC) level of 6.31 million lb (2.86 million kg). This amount is equal
to 85 percent of the yield at FMSY (fishing mortality at
maximum sustainable yield), which is expected to result in a
less than 50-percent (15- to 45-percent) probability of overfishing. To
reduce this probability of overfishing even further, the Council voted
to set the total allowable catch (TAC) at the yield associated with
FOY, which is consistent with the method used to set TAC in
Amendment 30B to the FMP. Therefore, TAC was reduced through a 2010
regulatory amendment (75 FR 74656, December 1, 2010) from 7.57 million
lb (3.43 million kg) to 5.68 million lb (2.58 million kg), which is the
yield associated with FOY (fishing mortality at optimum
yield). Fishing at FOY should allow the stock to recover to
a biomass that can support harvesting at equilibrium OY levels.
The 2009 assessment update was rerun in late 2010 to incorporate
new information on red grouper harvest. Specifically, the assessment
used revised estimates of historical discards in the commercial sector
based on newly available observer data from the years 2006-2008 and
updated projections taking into account the reduction in the commercial
size limit from 20 inches to 18 inches. Given these changes, the rerun
resulted in a slightly improved estimate of the stock status for the
last year of the assessment (2008) and indicated the TAC in the near
term could be substantially increased. After reviewing the rerun of the
assessment update, the SSC recommended that the overfishing limit for
red grouper be set at 8.10 million lb (3.67 million kg) (the
equilibrium yield at FMSY) and the ABC be set at 7.93
million lb (3.60 million kg) (the equilibrium yield at FOY).
At the request of the Council, NMFS ran a new projection in 2011
that incorporated revised 2010 landings. Actual landings from 2010 were
lower than projected, likely due to new longline restrictions
implemented through Amendment 31 to the FMP (75 FR 21512, April 26,
2010) and disruptions in the fishery associated with the Deepwater
Horizon oil spill that occurred in April 2010. The yield streams from
this rerun showed that TAC could be increased in 2011. Because many
commercial red grouper
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fishermen will likely catch their IFQ allocation before the end of
2011, based on the current rate of harvest, the Council proposed the
adoption of the revised yield stream to help alleviate market
disruptions that might occur should most IFQ allocations be caught well
before the end of the year.
Red Grouper Total Allowable Catch (TAC)
The current red grouper TAC of 5.68 million lb (3.43 million kg)
was implemented in 2010 through a 2010 red grouper regulatory amendment
(75 FR 74656, December 1, 2010). The TAC proposed for 2011 through the
2011 red grouper regulatory amendment is 6.88 million lb (3.12 million
kg). Subsequent increases in TAC from 2012 to 2015 would be 7.07
million lb (3.21 million kg) for 2012, 7.27 million lb (3.30 million
kg) for 2013, 7.41 (3.36 million kg) for 2014, and 7.52 million lb
(3.41 million kg) for 2015 and subsequent fishing years.
Allocation
The recreational and commercial allocations for red grouper
included in the 2011 red grouper regulatory amendment are proposed to
remain consistent with those established in Amendment 30B to the FMP.
Therefore, 76 percent of the TAC would be allocated to the commercial
sector and 24 percent of the TAC would be allocated to the recreational
sector.
Management Measures Contained in This Proposed Rule
Based on the current commercial and recreational allocations, the
TAC would be implemented through this rule by increasing the commercial
quota in 2011 for Gulf red grouper from 4.32 million lb (1.96 million
kg) to 5.23 million lb (2.82 million kg). The rule would also set the
commercial quotas for 2012 to 2015 at 5.37 million lb (2.37 million kg)
for 2012, 5.53 million lb (2.44 million kg) for 2013, 5.63 million lb
(2.51 million kg) for 2014, and 5.72 million lb (2.59 million kg) for
2015 and subsequent fishing years. However, these increases in the red
grouper commercial quota are contingent on the TAC not being exceeded
in the previous fishing year (regardless of which sector is responsible
for any overage). The increase in the 2011 red grouper quota by 0.91
million lb (0.41 million kg) would, therefore, increase the 2011
combined SWG quota by 0.91 million lb (0.41 million kg) to 6.07 million
lb (2.75 million kg). Increases in the red grouper quotas from 2012 to
2015 would increase the SWG quota to 6.21 million lb (2.82 million kg)
for 2012, 6.37 million lb (2.89 million kg) for 2013, 6.47 million lb
(2.93 million kg) for 2014, and 6.56 million lb (2.98 million kg) for
2015 and subsequent fishing years. Increases in the SWG quota would be
contingent on the red grouper TAC or gag TAC not being exceeded in the
previous fishing year.
The proposed increase in the TAC would also increase the
recreational allocation. For 2011, the increase in the recreational
allocation would be from 1.36 million lb (0.62 million kg) to 1.65
million lb (0.75 million kg). The recreational allocation for 2012 to
2015 would be 1.70 million lb (0.78 million kg) for 2012, 1.74 million
lb (0.79 million kg) for 2013, 1.78 million lb (0.81 million kg) for
2014, and 1.80 million lb (0.82 million kg) for 2015 and subsequent
fishing years. However, recreational management measures have held the
annual recreational harvest to approximately 1 million lb (0.45 million
kg) since 2006, well below the recreational allocation of the TAC.
Therefore, relaxing the recreational management measures is warranted
to allow the recreational sector to harvest its allocation.
Based on a bag limit analysis conducted for Amendment 30B to the
FMP, the proposed bag limit increase from two to four fish could result
in a 13.2 percent increase in recreational harvest. This increase is
less than the proposed increase in the recreational allocation
(approximately 18 percent), and so should not result in the
recreational sector exceeding its catch target or annual catch limit,
particularly for 2011. As stated elsewhere, there is a great deal of
uncertainty in estimating increased catch levels. These estimates of
catch levels for increased bag limits are uncertain because of a lack
of recent catch data at higher bag limits. Consequently, it is not
considered prudent to further relax restrictions and further increase
harvest beyond the estimated 13.2 percent. Because accountability
measures cannot currently be implemented through a framework action,
the 2011 red grouper regulatory amendment does not contain revisions to
the red grouper accountability measures; however, proposed measures in
Amendment 32 to the FMP would add an accountability measure for the
recreational sector for this bag limit increase. If the recreational
ACL were exceeded, the proposed measure would reduce the bag limit in
the subsequent year by one fish (with a two-fish bag limit as the
lowest bag limit allowable under this accountability measure).
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 regulatory amendment, other provisions of 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 that this rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this determination is as follows.
The purposes of the regulatory amendment are to establish the red
grouper total allowable catch, and thus the red grouper commercial
quota and recreational allocation, and to set the red grouper
recreational bag limit consistent with the goals and objectives of the
Council's red grouper rebuilding plan and the mandates of the Magnuson-
Stevens Act. The objective of this specific rule is to support
rebuilding of the red grouper resource in the Gulf of Mexico and to
allow harvest of that resource at optimum yield. The Magnuson-Stevens
Act provides the statutory basis for this proposed rule. The management
measures contained in this proposed rule are described in the preamble
of this rule and are not repeated here.
This rule is expected to directly affect commercial fishing vessels
whose owners possess commercial red grouper fishing quota shares. The
Small Business Administration (SBA) has established size criteria for
all major industry sectors in the U.S. including fish harvesters. A
business involved in fish harvesting is classified as a small business
if it is independently owned and operated, is not dominant in its field
of operation (including its affiliates), and has combined annual
receipts not in excess of $4.0 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide.
As of October 1, 2009, 970 entities owned a valid commercial Gulf
reef fish permit and thus were eligible for initial shares and
allocation in the grouper/tilefish IFQ program. Of these 970 entities,
908 entities initially received shares and allocation of grouper or
tilefish in 2010. More importantly, with respect to the proposed
action, 815 entities specifically received red
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grouper shares and an initial allocation of the commercial sector's red
grouper quota in 2010. These 815 entities are expected to be directly
affected by the action to increase the red grouper commercial quota.
Of the 815 entities that initially received red grouper shares, 191
were not commercially fishing in 2008 or 2009 and thus had no
commercial fishing revenue during these years. On average, these 191
entities received an initial allocation of 6,459 lb (2,936 kg) of red
grouper in 2010. Eight of these 191 entities also received a bottom
longline endorsement in 2010. These 8 entities received a much higher
initial allocation of red grouper in 2010, with an average of
approximately 44,000 lb (20,000 kg). The other 624 entities that
received red grouper shares and initial allocations in 2010 were active
in commercial fisheries in 2008 or 2009. These 624 entities are
expected to be most affected by the proposed action to increase the red
grouper commercial quota.
Of the 624 commercial fishing vessels with commercial landings in
2008 or 2009, 126 vessels did not have any red grouper landings in 2008
or 2009. Their average annual gross revenue in these 2 years was
approximately $55,800 (2008 dollars). The vast majority of these
vessels' commercial fishing revenue is from a combination of landings
of snapper, mackerel, dolphin, and wahoo. However, as described in the
regulatory amendment, in 2009, they did become relatively more
dependent on landings of highly migratory species (HMS) species and
relatively less dependent on landings of deep-water grouper species. On
average, in 2010, these vessels received an initial allocation of 2,524
lb (1,147 kg) of red grouper quota. Five of these vessels also received
a bottom longline endorsement in 2010.
The remaining 498 commercially active fishing vessels did have
landings of red grouper in 2008 or 2009. Their average annual gross
revenue from commercial fishing was approximately $66,000 (2008
dollars) between the 2 years. On average, these vessels had 9,425 lb
(4,284 kg) and 6,734 lb (3,061 kg) of red grouper landings in 2008 and
2009 respectively, or 8,053 lb (3,660 kg) between the 2 years. Red
grouper landings accounted for approximately 35 percent of these
vessels' annual average gross revenue, and thus they are relatively
dependent on revenue from red grouper landings. These vessels' average
initial red grouper allocation in 2010 was 8,404 lb (3,820 kg).
Therefore, on average, their 2008 and 2009 red grouper landings are
very near their 2010 red grouper allocation, though their red grouper
landings differed considerably between 2008 and 2009.
Of these 498 vessels, 49 vessels also received a bottom longline
endorsement in 2010. These particular vessels' average annual revenue
was approximately $156,000 (2008 dollars) in 2008 and 2009. Revenue
from red grouper landings decreased from approximately $104,000 to
$65,000 in 2009. Nonetheless, these vessels remain highly dependent on
revenue from red grouper landings, which averaged approximately 36,000
lb (13,364 kg) in 2008 and 23,000 lb (10,455 kg) in 2009. Their average
initial 2010 allocation of red grouper was approximately 42,000 lb
(19,091 kg), and thus their recent years' harvests have been within
that 2010 average allocation, particularly in 2009.
The maximum annual commercial fishing revenue in 2008 or 2009 by an
individual vessel whose owner possessed red grouper fishing quota
shares was approximately $606,000 (2008 dollars). Based on this figure,
all commercial fishing vessels expected to be directly affected by this
rule are determined for the purpose of this analysis to be small
business entities.
As a result of the expected increase in commercial red grouper
harvests due to the increase in the commercial red grouper quota, this
rule would be expected to increase commercial ex-vessel revenue by
approximately $2.76 million from 2011 through 2015, or approximately
$551,268 annually, relative to the status quo. Thus, the expected
annual increase in each affected entity's annual ex-vessel revenue is
estimated to be approximately $676. As a result, no reduction in
profits for a substantial number of small entities would be expected.
No duplicative, overlapping, or conflicting Federal rules have been
identified. This proposed rule would not establish any new reporting,
record-keeping, or other compliance requirements.
This rule would not be expected to significantly reduce the profits
of any small entities. Because this rule, if implemented, is not
expected to have significant economic impact on any small entities, an
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 16, 2011.
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, 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 Sec. 622.39, the first sentence in paragraph (b)(1)(ii) is
revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding goliath grouper and Nassau
grouper--4 per person per day, but not to exceed 1 speckled hind or 1
warsaw grouper per vessel per day, or 2 gag per person per day. * * *
* * * * *
3. In Sec. 622.42, two sentences are added after the first
sentence in the introductory paragraph and paragraphs (a)(1)(iii)(A)
and (C) are revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * * Annual quota increases are contingent on the total
allowable catch for the applicable species not being exceeded in the
previous fishing year. If the total allowable catch is exceeded in the
previous fishing year, the RA will file a notification with the Office
of the Federal Register to maintain the quota for the applicable
species from the previous fishing year for following fishing years,
unless the best scientific information available determines maintaining
the quota from the previous year is unnecessary. * * *
(1) * * *
(iii) * * *
(A) SWG combined. (1) For fishing year 2011--6.07 million lb (2.75
million kg).
(2) For fishing year 2012--6.21 million lb (2.82 million kg).
(3) For fishing year 2013--6.37 million lb (2.89 million kg).
(4) For fishing year 2014--6.47 million lb (2.93 million kg).
(5) For fishing year 2015 and subsequent fishing years--6.56
million lb (2.98 million kg).
* * * * *
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(C) Red grouper. (1) For fishing year 2011--5.23 million lb (2.82
million kg).
(2) For fishing year 2012--5.37 million lb (2.37 million kg).
(3) For fishing year 2013--5.53 million lb (2.44 million kg).
(4) For fishing year 2014--5.63 million lb (2.51 million kg).
(5) For fishing year 2015 and subsequent fishing years--5.72
million lb (2.59 million kg).
* * * * *
[FR Doc. 2011-24251 Filed 9-20-11; 8:45 am]
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