[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26607-26610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10699]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120907427-3403-01]
RIN 0648-BC51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Reef Fish 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 regulations to implement management measures
described in a 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 Fishery Management Council (Council). If implemented,
this rule would revise the vermilion snapper recreational bag limit,
revise the yellowtail snapper stock annual catch limit (ACL), and
remove the requirement for reef fish vessels to have onboard and use a
venting tool. This proposed rule is intended to help achieve optimum
yield (OY) and prevent overfishing of vermilion and yellowtail
snappers, reduce the regulatory burden to fishers associated with
venting reef fish, and minimize bycatch and bycatch mortality.
DATES: Written comments must be received on or before June 6, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2013-0038'', 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-2013-0038, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 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 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
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of the framework action, which includes an
environmental assessment, regulatory impact review, and Regulatory
Flexibility Act analysis, 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 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).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, OY from
[[Page 26608]]
federally managed fish stocks. The Magnuson-Stevens Act also requires
that management measures shall, to the extent practicable, minimize
bycatch and bycatch mortality. The reauthorized Magnuson-Stevens Act,
as amended through January 12, 2007, requires the councils to establish
ACLs for each stock/stock complex as well as accountability measures
(AMs) to ensure that these ACLs are not exceeded. This proposed rule
addresses these requirements by: (1) Establishing a 10-vermilion
snapper recreational bag limit within the 20-fish aggregate reef fish
bag limit; (2) increasing the Gulf yellowtail snapper ACL from 725,000
lb (328,855 kg), round weight, to 901,125 lb (408,743 kg), round
weight; and (3) removing the requirement to have onboard and use
venting tools when releasing reef fish. All weights discussed in this
proposed rule are in round weight.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the yellowtail snapper stock ACL,
revise the vermilion snapper recreational bag limit, and remove the
requirement for a Gulf reef fish vessel to have a venting tool onboard
and for it to be used for venting reef fish.
Vermilion Snapper Recreational Bag Limit
Vermilion snapper are currently included within the Gulf reef fish
aggregate recreational bag limit of 20 fish. The Council's Reef Fish
Advisory Panel (RFAP) recommended that the Council take action to
constrain the recreational harvest of vermilion snapper because of
significant recent increases in recreational landings. In 2011,
recreational landings were approximately 1.15 million lb (521,631 kg),
compared to 457,000 lb (207,292 kg) in 2010. The Council decided that
the vermilion snapper bag limit should be restricted to 10 fish within
the overall 20-fish aggregate reef fish bag limit to help constrain
vermilion snapper recreational harvest.
The Council reasoned that while the proposed 10-fish bag limit
would not necessarily reduce the current overall recreational harvest
of vermilion snapper, it would serve to prevent the recreational
harvest from increasing at a rate that could result in the vermilion
snapper stock ACL being met before the end of the fishing year. If this
occurred, AMs would be triggered that would close the recreational
sector for vermilion snapper for the remainder of the fishing year.
Additionally, this proposed bag limit is consistent with the vermilion
snapper bag limit implemented by the Florida Fish and Wildlife
Conservation Commission. The revised bag limit would help to constrain
recreational harvests to minimize the opportunity for ACL to be
exceeded by slowing the rate of potential future increases in the
recreational harvest.
Yellowtail Snapper ACL
In the Gulf, the yellowtail snapper ACL is not allocated between
the commercial and recreational sectors but is managed with a single
stock ACL. Additionally, because yellowtail snapper in the U.S.
comprise a single stock, landings from both the South Atlantic and Gulf
regions are combined for stock assessment purposes. The resulting
acceptable biological catch (ABC) is allocated among both regions with
75 percent of the ABC assigned to South Atlantic jurisdiction and 25
percent of the ABC to Gulf jurisdiction. Currently, the stock ABC is
2.9 million lb (1.3 million kg), with 725,000 lb (328,855 kg) allocated
to the Gulf. This Gulf ABC value is used to determine the Gulf
yellowtail snapper stock ACL, where the ACL is equal to the ABC, which
was established through the Gulf's Generic ACL/AM Amendment (76 FR
82044, December 29, 2011).
In 2012, the Florida Fish and Wildlife Research Institute (FWRI)
conducted a benchmark stock assessment of yellowtail snapper. The
assessment was reviewed by the Scientific and Statistical Committees
(SSCs) of both the Gulf Council and the South Atlantic Fishery
Management Council. The assessment indicated that the yellowtail
snapper stock was not overfished or undergoing overfishing. As a result
of that stock status and the fact that the yellowtail snapper biomass
is greater than what is needed to support harvesting at the maximum
sustainable yield, both Councils SSCs determined the yellowtail snapper
ABC would be based on equilibrium harvest levels that remain constant
and do not fluctuate from year to year. Therefore, the SSCs agreed to
set the overall stock ABC at 4.05 million lb (1.94 million kg). Using
the 25 percent Gulf allocation of the overall stock ABC, the ABC for
the Gulf was determined to be 1.0125 million lb (0.4593 million kg).
The Council considered three alternatives in setting the Gulf
yellowtail snapper ACL. These were: (1) Maintaining the ACL at its
current level; (2) setting the ACL equal to the Gulf allocation of the
ABC; or (3) applying the Council's ACL control rule to the ABC to
account for management uncertainty. The Council decided to apply the
ACL control rule which reduced the ACL by 11 percent from the Gulf
allocation of the ABC. This resulted in a proposed Gulf stock ACL of
901,125 lb (408,743 kg).
Venting Tools
A venting tool is a device intended to deflate the abdominal cavity
of a fish in order to release the fish with minimal damage. Currently,
Gulf reef fishermen must possess venting tools onboard and use them
when releasing reef fish. This measure was implemented through
Amendment 27 to the FMP (73 FR 5117, January 29, 2008). The venting
tool requirement was implemented to reduce bycatch and discard
mortality in the reef fish fishery. However, several recent scientific
studies have questioned the usefulness of venting tools in preventing
discard mortality in fish, particularly those caught in deep waters. In
addition, some fish caught in shallow waters may not need to be vented,
and attempts at venting may damage fish by improper venting techniques
and increased handling time while the fish are out of the water.
Finally, the current requirement to use a venting tool may prevent
fishermen from using other devices such as fish descenders, which are
devices that take the fish back to depth without puncturing them.
Because of these factors, the Council voted to remove the venting tool
requirement for the Gulf reef fishery. This would provide fishermen
with more discretion when they release reef fish but does not prohibit
the use of venting tools or other release devices by fishers.
Additional Management Measure Contained in the Framework Action
Vermilion snapper are not allocated between the commercial and
recreational sectors in the Gulf and are managed with a single stock
ACL. The current ACL for the Gulf vermilion snapper stock is 3.42
million lb (1.55 million kg) and was set through the the Gulf's Generic
ACL/AM Amendment (76 FR 82044, December 29, 2011). This ACL was
established based on 1999-2008 landings data and was adjusted to
account for scientific and management uncertainty per the Council's ABC
and ACL control rules developed in the Generic ACL/AM Amendment.
In 2011, a vermilion snapper update stock assessment was performed
through the Southeast Data, Assessment, and Review (SEDAR) process
(SEDAR Update 2011c). This assessment used data up through 2010. The
assessment indicated that the stock was not overfished nor undergoing
overfishing. Based on the SEDAR update assessment,
[[Page 26609]]
the Council's SSC recommended that the vermilion snapper stock ABC be
set at 4.41 million lb (2.00 million kg) in 2013, 4.34 million lb (1.97
million kg) in 2014, and 4.33 million lb (1.96 million kg) in 2015,
2016, and subsequent years.
The Council reviewed several alternatives for setting the Gulf
vermilion snapper stock ACL that ranged from maintaining it at the
current 3.42 million lb (1.55 million kg) to setting it equal to the
ABC. The RFAP and public testimony from vermilion snapper fishermen to
the Council indicated that the stock condition appeared to be declining
in recent years. Given this information, and considering that the last
year of data used in the update assessment was 2010, the Council
recommended, as a precaution, not to increase the vermilion snapper
stock ACL at this time. Therefore the vermilion snapper stock ACL will
remain at 3.42 million lb (1.55 million kg).
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 framework action, the FMP, 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 (SBA) that this rule, if implemented, would not have a
significant adverse economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The purposes of this rule are: (1) To adjust the ACL for the
yellowtail snapper stock consistent with the ABC recommendations of the
SSC; (2) set the vermilion snapper recreational bag limit at a level
that minimizes the risk of overfishing by the recreational sector; and
(3) modify the regulations requiring possession and use of venting
tools by the reef fish fishery to minimize bycatch and bycatch
mortality. The framework action also considered adjusting the ACL for
vermilion snapper; however, the Council voted to retain the current ACL
for this species. The need for the proposed actions is to prevent
overfishing while achieving the OY of vermilion and yellowtail snapper
on a continuing basis and to the extent practicable, and to minimize
bycatch and the mortality of released fish in the reef fish fishery.
The Magnuson-Stevens Act provides the statutory basis for the proposed
action.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The rule would apply directly to businesses in the Finfish Fishing
Industry (NAICS 114111) that harvest vermilion snapper and yellowtail
snapper in Gulf Federal waters. As of November 2012, there were 814
individuals with a Gulf of Mexico Commercial Reef Fish Permit. These
814 individuals are presumed to represent 814 businesses in the Finfish
Fishing Industry that would be affected by this rule. According to SBA
Size Standards, a business in the Finfish Fishing Industry is a small
business if its annual receipts are less than $4 million. NMFS presumes
for this rule that a substantial number of the 814 businesses are small
businesses.
This rule would not establish any new reporting or recordkeeping
requirements. The preferred alternative (the no action alternative) for
the action to revise the vermilion snapper stock ACL would maintain the
vermilion snapper ACL at its current value; therefore, this action
would have no beneficial or adverse economic impact beyond the status
quo. The preferred alternative for the action to revise the vermilion
snapper recreational bag limit would reduce the number of vermilion
snapper that recreational fishermen can land within the daily aggregate
reef fish recreational bag limit, so it would have no direct impact on
commercial fishing businesses. The preferred alternative for the action
to revise the yellowtail snapper stock ACL would increase the
yellowtail snapper stock ACL from 725,000 lb (328,855 kg) to 901,125 lb
(408,743 kg), an increase of 176,125 lb (79,889 kg, which would allow
for increased landings of and revenues from yellowtail snapper. The
preferred alternative for the reef fish venting tool requirement action
would remove the need to have a venting tool onboard and to be used
when releasing reef fish. This would then eliminate the time and cost
of acquiring, learning how to use, and using a venting tool.
Consequently, the combined proposed actions would not have a
significant adverse economic impact on a substantial number of small
businesses because they are expected to generate a net economic benefit
to small businesses.
The alternatives the Council did not select for the action to
revise the vermilion snapper stock ACL would increase the ACL for
vermilion snapper, which would generate larger short-term economic
benefits, but likely smaller long-term economic benefits than the
preferred alternative.
One considered but rejected alternative for the action to revise
the yellowtail snapper stock ACL would allow for smaller increases in
yellowtail snapper landings, and therefore, would generate smaller
potential net economic benefits than the preferred alternative. Another
considered but rejected alternative would have allowed for larger
increases in yellowtail snapper landings, and would have generated
larger potential net economic benefits in the short-run; however, it
could have smaller net economic benefits in the long-run.
Lastly, the considered but rejected alternatives for the reef fish
venting tool requirements, would retain all or part of the economic
costs of complying with the current venting requirement, and therefore
would have less economic benefit than the preferred alternative.
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, Incorporation by reference, Puerto Rico,
Reporting and recordkeeping requirements, Virgin Islands.
Dated: April 30, 2013.
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
proposed to be 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. 622.30, paragraph (c) is removed and the introductory
paragraph is revised to read as follows:
Sec. 622.30 Required fishing gear.
For a person on board a vessel to fish for Gulf reef fish in the
Gulf EEZ, the vessel must possess on board and such person must use the
gear as specified in paragraphs (a) and (b) of this section.
* * * * *
[[Page 26610]]
0
3. In Sec. 622.38, paragraph (b)(5) is revised to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(5) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7)
of this section--20. In addition, within the 20-fish aggregate reef
fish bag limit, no more than 2 fish may be gray triggerfish and no more
than 10 fish may be vermilion snapper.
* * * * *
0
4. In Sec. 622.41, the second sentence of paragraph (n) is revised to
read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(n) * * * The stock ACL for yellowtail snapper is 901,125 lb
(408,743 kg), round weight.
* * * * *
[FR Doc. 2013-10699 Filed 5-6-13; 8:45 am]
BILLING CODE 3510-22-P