[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Rules and Regulations]
[Pages 51939-51942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21227]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120709225-2365-01]
RIN 0648-BC32
Temporary Rule To Establish Management Measures for the Limited
Harvest and Possession of South Atlantic Red Snapper in 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
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SUMMARY: NMFS issues this final temporary rule to establish management
measures to allow for the limited harvest and possession of red snapper
in or from the South Atlantic exclusive economic zone (EEZ) in 2012, as
requested by the South Atlantic Fishery Management Council (Council).
This rule also announces the opening and closing dates of the 2012
commercial and recreational fishing seasons for red snapper. The
intended effect of this temporary rule is to preserve a significant
economic opportunity in the South Atlantic snapper-grouper fishery that
otherwise might be foregone. Furthermore, limited commercial and
recreational harvest of red snapper in 2012 will provide an opportunity
to collect fishery-dependent data that could be useful for the 2014 red
snapper stock assessment.
DATES: This temporary rule is effective August 28, 2012 through
December 31, 2012. The recreational red snapper season opens at 12:01
a.m., local time, on September 14, 2012, and closes at 12:01 a.m.,
local time, on September 17, 2012; then reopens at 12:01 a.m., local
time, on September 21, 2012, and closes at 12:01 a.m., local time, on
September 24, 2012. The commercial red snapper season opens at 12:01
a.m., local time, on September 17, 2012, and closes at 12:01 a.m.,
local time, on September 24, 2012.
ADDRESSES: Electronic copies of the documents in support of this
temporary rule, which include an environmental assessment, may be
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage South Atlantic
snapper-grouper including red snapper under the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The
Council prepared the FMP and NMFS implements the FMP through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
The Magnuson-Stevens Act provides the legal authority for the
promulgation of emergency regulations under section 305(c) (16 U.S.C.
1855(c)).
Background
Red snapper are overfished and undergoing overfishing. The harvest
and possession of red snapper has been prohibited since January 4,
2010, initially through temporary rules (74 FR 63673, December 4, 2009
and 75 FR 27658, May 18, 2010), and then through the final rule to
implement Amendment 17A to the FMP (75 FR 76874, December 9, 2010).
Amendment 17A continued the prohibition on a permanent basis by
implementing an annual catch limit (ACL) for red snapper of zero
(landings only). Amendment 17A also implemented a rebuilding plan for
red snapper, which specifies that red snapper biomass must increase to
the target rebuilt level in 35 years, starting from 2010. The final
rule implementing Amendment 17A also included a large area closure for
most snapper-grouper species, however, this area closure did not become
effective because it was determined not to be necessary to end the
overfishing of red snapper (76 FR 23728, April 28, 2011). At its June
2012 meeting, the Council received new information regarding discard
estimates for red snapper. Using this data, the Council and NMFS
determined that a limited season for red snapper would be possible in
2012. Therefore, the Council voted, and NMFS is implementing, emergency
rulemaking to allow for the limited harvest and possession of red
snapper in or from the South Atlantic EEZ in 2012.
Status of the Stock
The most recent Southeast Data, Assessment, and Review (SEDAR)
benchmark stock assessment for red snapper, SEDAR 24, was completed in
October 2010. Much like the stock assessment completed in 2008, this
assessment showed red snapper to be overfished and undergoing
overfishing, but also showed that red snapper were undergoing
overfishing at a lower rate than found in the 2008 stock assessment.
The next benchmark stock
[[Page 51940]]
assessment for red snapper was scheduled for 2013. However, this
assessment has been delayed until 2014 in order to gather more data.
Need for This Temporary Rule
The Southeast Fisheries Science Center (SEFSC) has new discard data
collected since the last benchmark assessment. The new data includes
2010 and 2011 discard estimates from commercial logbooks, the Marine
Recreational Fisheries Statistical Survey (MRFSS) and the Southeast
Headboat Survey. These data were used to evaluate red snapper discards
in relation to the acceptable biological catch (ABC) adopted by the
Council (using SEDAR 24 rebuilding projections) to determine if a
limited harvest of red snapper can be allowed for snapper-grouper
fishermen in 2012. Using the average of 2010 and 2011 estimated discard
mortalities and the 2012 ABC, NMFS has determined that the estimated
discard mortality level for 2012 is below the 2012 ABC. Therefore, a
limited harvest and possession of red snapper is possible in 2012 while
staying within the rebuilding plan. Based on the new discard estimates
reviewed at its June 2012 meeting, the Council requested that NMFS
promulgate emergency regulations to allow for the limited harvest and
possession of red snapper in 2012. The Council voted to implement
commercial and recreational management measures to ensure that only a
limited amount of red snapper would be harvested and possessed and that
this allowance would not prevent the stock from rebuilding to target
levels within the specified timeframe.
NMFS' Policy Guidelines for the Use of Emergency Rules (62 FR
44421, August 21, 1997) list three criteria for determining whether an
emergency exists and this temporary rule is promulgated under these
criteria. Specifically, NMFS' policy guidelines require that an
emergency:
(1) Result from recent, unforeseen events or recently discovered
circumstances; and
(2) Present serious conservation or management problems in the
fishery; and
(3) Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process.
The Council requested dead discard estimates from the SEFSC for
2010 and 2011, in anticipation of holding discussions during the June
2012 Council meeting to consider a limited reopening of red snapper. In
a letter dated April 7, 2012, the Council asked for red snapper discard
mortality estimates to compare to the previously projected mortality
levels from the latest stock assessment. The discard estimates provided
by the SEFSC from commercial logbooks, MRFSS, and the Southeast
Headboat Survey constitute recently discovered circumstances. The ABC
adopted by the Council from SEDAR 24 for 2012 is 86,000 fish. Red
snapper harvest can only be allowed if projected mortalities from the
harvest and release of fish are less than the ABC for that year. Using
the average of 2010 and 2011 estimated mortalities and the 2012 ABC,
NMFS estimates there will be 72,933 red snapper killed in 2012. Since
the ABC for 2012 is 86,000 fish, the ABC is higher than the estimated
discard mortalities for 2012. As a result, the Council and NMFS
determined 13,067 red snapper may be harvested in or from the South
Atlantic in 2012.
Input from the public and from a number of fishing communities
indicates the harvest prohibition for red snapper has caused socio-
economic harm to individuals and associated communities. Unnecessarily
prolonging the harvest prohibition presents serious conservation and
management problems in the snapper-grouper fishery. Therefore,
implementing a limited commercial and recreational season will likely
increase socioeconomic benefits for South Atlantic snapper-grouper
fishermen. Increased fishing opportunities should provide direct
benefits to fishermen in the form of additional income and recreational
opportunities, in addition to indirect benefits to businesses that
provide supplies for fishing trips. NMFS expects the 2012 fishing
season revenues to commercial vessels will increase by about $86,000
(in total; 694 snapper-grouper permitted vessels may potentially
participate in this harvest) and that benefits to the recreational
anglers will increase by about $232,000 to $724,000 (in total; assuming
that each of the 9,399 recreational fish is harvested by an individual
angler). It is also likely that revenues and profits to for-hire
vessels and support businesses will increase, but their magnitude
cannot be estimated with the current information. Implementing the
limited harvest of red snapper should also improve compliance and
conservation as fishermen view management as being responsive to their
needs and support this and other regulations. Additionally, a new stock
assessment for red snapper has been delayed in order to gather more
data. A limited commercial and recreational season for red snapper in
2012 will provide an opportunity to collect fishery-dependent data,
including age composition and catch-per-unit-effort data that could be
useful for and enhance the 2014 red snapper stock assessment.
The immediate benefits of implementing a limited commercial and
recreational fishing season for red snapper in 2012 provide good cause
to waive advance notice and public comment. A limited red snapper
season should be implemented as soon as possible in 2012 so as not to
open the season too late in the fishing year when poor weather can lead
to unsafe fishing conditions. Comments on this action at the June 2012
Council meeting indicated that many fishermen favored a fall season.
The U.S. Coast Guard advised that a red snapper opening in late 2012
could lead to unnecessary accidents from unsafe fishing conditions. The
Council took all of this information into consideration when they
requested a temporary rule for emergency action.
Measures Contained in This Temporary Rule
This temporary rule implements several management measures to
authorize the limited harvest and possession of red snapper in or from
the South Atlantic EEZ in the 2012 fishing year. The commercial annual
catch limit (ACL) is set at 20,181 lb (9,443 kg), gutted weight, which
is equal to the commercial quota, and the recreational ACL is set at
9,399 fish. These ACLs are based on the total ACL selected by the
Council (13,097 fish), and the current allocation ratio for red snapper
(28.07 percent commercial and 71.93 percent recreational).
Accountability measures (AMs) are implemented to prevent these ACLs
from being exceeded. NMFS and the Council are establishing several
management measures that act as AMs, in order to constrain red snapper
harvest to these ACLs. Limited commercial and recreational red snapper
seasons are established for 2012. The recreational season will open for
two consecutive weekends made up of Fridays, Saturdays, and Sundays and
the commercial season will be open for 7 days, starting on the Monday
following the first recreational weekend opening. The recreational
season opens at 12:01 a.m., local time, on September 14, 2012, and
closes at 12:01 a.m., local time, on September 17, 2012; then reopens
at 12:01 a.m., local time, on September 21, 2012, and closes at 12:01
a.m., local time, on September 24, 2012.
[[Page 51941]]
The commercial season opens at 12:01 a.m., local time, on September 17,
2012, and closes at 12:01 a.m., local time, on September 24, 2012. The
SEFSC will monitor commercial landings in-season to determine whether
the commercial ACL has been harvested. If the commercial ACL has not
been harvested during the 7-day season, the Council has given the RA
the authority to reopen the commercial sector for another limited time
period. If severe weather conditions exist, the Council has given the
RA the authority to modify these opening and closing dates. The RA will
determine when severe weather conditions exist, the duration of the
severe weather conditions, and which geographic areas are deemed
affected by severe weather conditions. If severe weather conditions
exist or if the SEFSC determines the commercial ACL was not harvested
and a reopening of the commercial sector is possible, the RA will file
a notification to that effect with the Office of the Federal Register,
and announce via NOAA Weather Radio and in a Fishery Bulletin any
change in or reopening of the red snapper fishing seasons. During these
limited seasons, the recreational sector is allowed a 1-fish per person
daily bag limit and the commercial sector a 50-lb (22.7-kg) daily trip
limit. The 1-fish recreational bag limit is included in the 10-fish
aggregate snapper bag limit. No size limits are implemented for either
sector, to decrease regulatory discards (fish returned to the water
because they are below the minimum size limit).
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator for
Fisheries, NOAA (AA), has determined that this temporary rule is
necessary to preserve a significant economic opportunity for South
Atlantic snapper-grouper fishermen that otherwise would be foregone and
is consistent with the Magnuson-Stevens Act and other applicable laws.
This temporary rule has been determined to be not significant for
purposes of Executive Order 12866.
The AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public comment because they are contrary
to the public interest. This temporary rule preserves a significant
economic opportunity for South Atlantic snapper-grouper fishermen that
would otherwise be forgone. Limited harvest and possession of red
snapper in 2012 will likely result in revenue increases to commercial
vessels and benefit increases to recreational anglers, in addition to
providing opportunity to for-hire vessels in booking more trips that
could increase their revenues and profits. At the June 2012 Council
meeting, South Atlantic snapper-grouper fishermen discussed the merits
of opening red snapper in the South Atlantic for a limited time in
2012. Fishermen will be able to keep the red snapper that they are
currently required to discard. Commercial fishermen should be able to
increase their incomes in 2012 by about $86,000 (in total) by being
able to sell a highly marketable fish for a limited time. Additionally,
limited red snapper seasons will provide an opportunity to collect
fishery-dependent data that will likely be useful for the 2014 red
snapper stock assessment. Currently, the lack of available red snapper
data hinders the ability to assess the status of the stock. Delaying
the implementation of this rulemaking to provide prior notice and the
opportunity for public comment would reduce the likelihood of opening
the red snapper component of the snapper-grouper fishery in the early
fall months when weather conditions are more favorable and fishing
conditions are safer.
For these same reasons, the AA also finds good cause to waive the
30-day delay in effectiveness of the actions under 5 U.S.C. 553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable. Accordingly, no regulatory flexibility analysis is
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: August 22, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
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.
Sec. 622.32 [Amended]
0
2. In Sec. 622.32, paragraph (b)(3)(vi) is suspended.
0
3. In Sec. 622.35, paragraph (l) is added to read as follows:
Sec. 622.35 Atlantic EEZ seasonal and/or area closures.
* * * * *
(l) Closures of the commercial and recreational sectors for red
snapper. The commercial and recreational sectors for red snapper are
closed, except for a limited commercial season (7-day or less openings)
and a limited recreational season (weekends consisting of Fridays,
Saturdays, and Sundays only) determined by the RA. The Southeast
Fisheries Science Center (SEFSC) will monitor commercial landings in-
season to determine if the ACL has been harvested. If the SEFSC
determined the ACL has not been harvested in the first 7-day opening,
the RA may reopen the commercial sector for an additional limited time.
If severe weather conditions exist, the RA may modify the opening and
closing dates. The RA will determine when severe weather conditions
exist, the duration of the severe weather conditions, and which
geographic areas are deemed affected by severe weather conditions. If
severe weather conditions exist or if NMFS determines a reopening of
the commercial sector is possible, the RA will file a notification to
that effect with the Office of the Federal Register, and announce via
NOAA Weather Radio and Fishery Bulletin any change in the red snapper
fishing seasons.
* * * * *
Sec. 622.37 [Amended]
0
4. In Sec. 622.37, paragraph (e)(1)(v) is suspended.
0
5. In Sec. 622.39, paragraphs (d)(1)(iv), (d)(1)(viii) and (d)(1)(ix)
are suspended, and paragraphs (d)(1)(xi) and (d)(1)(xii) are added to
read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(d) * * *
(1) * * *
(xi) Snappers, combined--10, of which no more than 1 may be red
snapper. The 1-fish red snapper bag limit applies during the
recreational red snapper season, specified in Sec. 622.35(l). However,
excluded from this 10-fish bag limit are cubera snapper, measuring 30
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and
vermilion snapper. (See Sec. 622.32(c)(2) for limitations on cubera
snapper measuring 30 inches (76.2 cm), TL, or larger, in or from the
South Atlantic EEZ off Florida.)
[[Page 51942]]
(xii) South Atlantic snapper-grouper, combined--20. However,
excluded from this 20-fish bag limit are tomtate, blue runner, and
those specified in paragraphs (d)(1)(i) through (vii) and paragraphs
(d)(1)(x) and (xi) of this section.
* * * * *
0
6. In Sec. 622.44, paragraph (c)(9) is added to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(c) * * *
(9) Red snapper. For the duration of the commercial red snapper
season, specified in Sec. 622.35(l), the commercial trip limit is 50
lb (22.7 kg), gutted weight.
* * * * *
Sec. 622.45 [Amended]
0
7. In Sec. 622.45, paragraph (d)(10) is suspended.
0
8. In Sec. 622.49, paragraph (b)(25) is added to read as follows:
Sec. 622.49 Annual catch limits (ACLs) and accountability measures
(AMs).
* * * * *
(b) * * *
(25) Red snapper--(i) Commercial sector. The commercial season for
red snapper specified in Sec. 622.35(l) and the commercial trip limit
specified in Sec. 622.44(c)(9) serve as the commercial AMs for red
snapper. The Southeast Fisheries Science Center (SEFSC) will monitor
commercial landings in-season to determine if the ACL has been
harvested. If the SEFSC determines the ACL has not been harvested in
the first 7-day opening, the RA may reopen the commercial sector for an
additional limited time. The commercial ACL for red snapper is 20,818
lb (9,443 kg), gutted weight.
(ii) Recreational sector. The recreational season specified in
Sec. 622.35(l) and the recreational bag limit specified in Sec.
622.39(d)(1)(xi) serve as the recreational AMs for red snapper. The
recreational ACL for red snapper is 9,399 fish.
* * * * *
[FR Doc. 2012-21227 Filed 8-27-12; 8:45 am]
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