[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67618-67620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28409]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110819519-1640-02]
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: Final rule.
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SUMMARY: NMFS issues this final rule to implement the 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). This final
rule increases the 2011 commercial quota for red grouper, and thereby
increases the 2011 commercial quota for shallow water grouper (SWG),
sets the commercial quota for red grouper and SWG from 2012 to 2015 and
subsequent fishing years, and increases the red grouper recreational
bag limit from two to four fish within the current four-fish grouper
aggregate bag limit. The increase in the recreational bag limit will
allow the recreational sector to more effectively harvest the increase
in the recreational allocation established in the regulatory amendment.
The intended effect of this final 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 2010 re-run
of the stock assessment for this species using updated information.
DATES: This rule is effective November 2, 2011.
ADDRESSES: 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, email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
(Gulf) is managed under the FMP. The FMP
[[Page 67619]]
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).
On September 21, 2011, NMFS published a proposed rule for the 2011
red grouper regulatory amendment and requested public comment (76 FR
58455). The proposed rule and the regulatory amendment outline the
rationale for the actions contained in this final rule. A summary of
the actions implemented by this final rule is provided below.
This final rule increases the commercial quota and the recreational
allocation for Gulf red grouper and thereby increases the Gulf red
grouper total allowable catch (TAC). This final rule increases the Gulf
red grouper 2011 commercial quota from 4.32 million lb (1.96 million
kg) to 5.23 million lb (2.82 million kg). This rule also sets the Gulf
red grouper 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 upon the
TAC not being exceeded in the previous fishing year (regardless of
which sector is responsible for any overage). Increases in the Gulf red
grouper commercial quotas from 2012 to 2015 will correspondingly
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 are contingent
upon the red grouper TAC or gag TAC not being exceeded in the previous
fishing year.
This rule also increases the recreational allocation of Gulf red
grouper for 2011 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.
Given the increase in the recreational allocation and that the
recreational sector's harvest has been less than catch targets in
recent years, a relaxation of recreational management measures is
warranted. This final rule increases the Gulf red grouper recreational
bag limit from two to four fish. Amendment 32 to the FMP, currently
under development, would establish an adaptive management approach for
this new bag limit through an accountability measure. Under Amendment
32, if the red grouper recreational ACL is exceeded, the bag limit
would be reduced for the subsequent year by one fish (with a two-fish
bag limit as the lowest bag limit allowable under this accountability
measure).
Comments and Responses
NMFS received seven letters on the proposed rule; one from an
industry organization and six from individuals. Three of the letters
supported the proposed rule, and are not addressed here. Four letters
opposed some or all of the management measures. These letters contained
two distinct comments to the rule, which are addressed below.
Comment 1: Two comments from for-hire operators indicated they
would prefer maintaining the current two-fish bag limit if the February
1 to March 31 seasonal closure could be lifted. The commenters stated
that the current 2-month closure limits their ability to market fishing
trips.
Response: Because the red grouper closed season for the 2011
fishing year has already passed, the Council only evaluated increasing
the recreational bag limit to allow the recreational sector to more
fully harvest its increased allocation and achieve OY specifically for
the 2011 fishing year. If the bag limit was not increased, then the
ability of the recreational sector to harvest its allocation for the
2011 fishing year would be reduced. The current February 1 through
March 31 seasonal closure for SWG, which includes red grouper, was
implemented through Amendment 30B to the FMP (April 16, 2009, 74 FR
17603). The current closure was implemented to co-manage gag and red
grouper and constrain the recreational gag harvest while simultaneously
allowing the stock to increase and allow the red grouper harvest to be
harvested as close to OY as possible. As the gag stock rebuilds, the
Council may examine management alternatives to the current closed
season.
Comment 2: Two comments, one from the for-hire sector and one from
the commercial sector, suggested the increases in the red grouper
recreational bag limit and quota were too large. The for-hire captain
supported a three-red grouper bag limit, and both commenters supported
a reduced quota increase.
Response: The Council evaluated bag limit analyses from Amendment
30B to the FMP, which indicated the increase in the recreational
sector's allocation could support a four-fish bag limit. However, to
ensure this bag limit increase does not lead to overfishing, the
Council has submitted for approval by the Secretary of Commerce an
accountability measure (AM) in Amendment 32 to the FMP that would
decrease the recreational bag limit if the recreational annual catch
limit (ACL) is exceeded in a fishing year. Additional recreational AMs
implemented through Amendment 30B and proposed in Amendment 32 will
allow for recreational seasonal closures should landings indicate the
recreational sector's ACL is projected to be met or exceeded.
The rerun of the 2009 update assessment for red grouper supports
the 910,000 lb (412,769 kg) increase in the commercial quota. This
quota is less than the current ACL for the commercial sector for red
grouper. The commercial harvest of red grouper is managed under the
Gulf grouper-tilefish individual fishing quota (IFQ) program. The IFQ
program functions as an AM for the commercial sector because the
program closely monitors commercial landings and IFQ participants are
limited to their specific IFQ allocation each fishing year. Therefore,
it is unlikely the commercial ACL would be exceeded during a fishing
year.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of red grouper in the Gulf of Mexico and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule is not repeated here. No comments were received regarding
this certification. As a result, a regulatory flexibility analysis was
not required and none was prepared.
NMFS finds good cause under 5 U.S.C. 553(d) to waive the delay in
effective date for this rule. Delaying the effectiveness of this final
rule is unnecessary and contrary to the public interest. This rule
increases the 2011 commercial quota for red grouper, which in turn
increases the 2011
[[Page 67620]]
commercial quota for SWG and the red grouper recreational bag limit to
four fish. These measures will benefit commercial and recreational
fishermen, and will not have any adverse affects on the grouper stocks
in the Gulf of Mexico. Additionally, the immediate effectiveness of
this final rule will allow fishermen to more effectively harvest the
increase in the red grouper and SWG quota and red grouper recreational
bag limit established in the regulatory amendment during the current
fishing season. Delaying implementation of these measures could result
in red grouper fishermen not having the opportunity to achieve OY from
the stock, because the sectors would have insufficient time to harvest
the quota increase before the fishing year's end. A delay would thus
diminish the social and economic benefits for red grouper fishermen
this rule provides, and undermine the purpose of the rule itself.
Finally, this rule creates no new duties, obligations, or requirements
for the regulated community that would necessitate delaying this rule's
effectiveness to allow them to come into compliance with it. Indeed,
parties regulated by this rule can continue to conduct their operations
without modification even after this rule is in effect. Thus, delaying
the rule's effectiveness is unnecessary and contrary to the public
interest.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 28, 2011.
John Oliver
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
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. * * *
* * * * *
0
3. In Sec. 622.42, two sentences are added after the first sentence in
the introductory text and paragraphs (a)(1)(iii)(A) and (C) are revised
to read as follows:
Sec. 622.42 Quotas.
* * * 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. * * *
(a) * * *
(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).
* * * * *
(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. 2011-28409 Filed 10-28-11; 4:15 pm]
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