[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45894-45896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18260]
[[Page 45894]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120510052-3615-02]
RIN 0648-BC20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands;
Parrotfish Management Measures in St. Croix
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 management measures
described in Regulatory Amendment 4 to the Fishery Management Plan for
the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (FMP),
as prepared by the Caribbean Fishery Management Council (Council). This
rule establishes minimum size limits for parrotfish in the exclusive
economic zone (EEZ) off St. Croix in the U.S. Virgin Islands (USVI).
The purpose of this final rule is to provide protection from harvest to
parrotfish and to assist the stock in achieving optimum yield (OY).
DATES: This rule is effective August 29, 2013.
ADDRESSES: Electronic copies of the regulatory amendment, which
includes an environmental assessment, a Regulatory Flexibility Act
analysis, and a regulatory impact review may be obtained from the
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/reef_fish/reg_am4/index.html.
FOR FURTHER INFORMATION CONTACT: Britni Tokotch, Southeast Regional
Office, NMFS, telephone 727-824-5305; email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of Puerto Rico and the
USVI is managed under the FMP, which was prepared by the Council and
implemented through regulations at 50 CFR Part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
On March 11, 2013, NMFS published a proposed rule for Regulatory
Amendment 4 and requested public comment (78 FR 15338). The proposed
rule and Regulatory Amendment 4 outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measure Contained in This Final Rule
This final rule establishes minimum size limits for parrotfish
species in the EEZ off St. Croix. These limits apply to both the
commercial and recreational sectors. This rule establishes a minimum
size limit of 8 inches (20.3 cm), fork length, for redband parrotfish
(Sparisoma aurofrenatum), and 9 inches (22.9 cm), fork length, for all
other parrotfish. The current harvest prohibition for midnight, blue,
and rainbow parrotfish remains in effect.
This rule implements a minimum size limit of 9 inches (22.9 cm) for
all but one of the parrotfish species for which harvest is allowed,
because this size limit best captures the range of sizes at maturity
for these species. This rule sets a minimum size limit of 8 inches
(20.3 cm), fork length, for redband parrotfish because they are
relatively smaller fish and they reach maturity at a smaller size than
the other managed parrotfish species. A minimum size limit reduces
mortality of smaller (generally female) parrotfish, thereby enhancing
spawning biomass and the supply of gametes (especially eggs), and
ultimately increasing yield-per-recruit from the stock (assuming
discard mortality is low). Parrotfish discard mortality is assumed to
be low because spears are the predominant gear used to harvest
parrotfish and therefore the fish are individually targeted. In
addition, discard mortality of parrotfish harvested by trap is expected
to be low because parrotfish are harvested in relatively shallow
waters, thus reducing the threat of barotrauma related mortality. A
minimum size limit also reduces the likelihood of recruitment
overfishing that might otherwise lead to a stock biomass level below
maximum sustainable yield. Therefore, this final rule sets a minimum
size limit to increase the number of juvenile parrotfish that can reach
sexual maturity and assist the stock in achieving OY.
Comments and Responses
NMFS received two comment submissions on Regulatory Amendment 4 and
the proposed rule. NMFS received one submission that expressed general
support for the actions contained in the proposed rule. We acknowledge
this comment, but do not respond in detail. NMFS also received one
submission from a Federal agency that included several specific
comments. The comments from the Federal agency are summarized and
responded to below.
Comment 1: The effects of the proposed size limits on the
recreational and commercial sectors cannot be determined because of the
admitted lack of information on the number of commercial and
recreational fishers who harvest parrotfish in Federal waters. In
addition, information on effort and catch per unit effort is not
included in Regulatory Amendment 4, which means that catch and landings
data cannot accurately be interpreted. This lack of information makes
it impossible to determine whether the proposed size limits are
necessary and appropriate for the conservation and management of the
species.
Response: NMFS acknowledges that pertinent information on
parrotfish biology, ecology, and harvest within the reef fish fishery
in the U.S. Caribbean is limited. However, NMFS disagrees that this
lack of information makes it impossible to determine whether the
proposed minimum size limits are necessary and appropriate for the
conservation and management of the species. National Standard 2 of the
Magnuson-Stevens Act requires that NMFS and the Council use the best
scientific information available. The maturity schedules used to inform
the Council decisions on the appropriate minimum size limits for
parrotfish species represent the best information presently available.
Further, despite the level at which parrotfish may be harvested by any
sector of the reef fish fishery, the Council concluded and NMFS agrees
that the best scientific information available indicates that
implementing the minimum size limits will help ensure that maturing
females are given an opportunity to spawn at least once prior to
potentially being harvested in the reef fish fishery. As more pertinent
information becomes available, for any species of parrotfish presently
managed in U.S. Caribbean Federal waters, the Council can reevaluate
the minimum size limits and adjust them as necessary.
Comment 2: A report cited in Regulatory Amendment 4 as ``SERO-LAPP-
2012-02'' was not available on the NMFS Southeast Regional Office Web
site, making it difficult to determine where the numbers in the
document originate.
Response: The final report in Regulatory Amendment 4 that is cited
as SERO-LAPP-2012-02 describes analysis conducted by NMFS that
estimates the percent reduction in landings that would occur if various
minimum size limits were implemented in the U.S. Caribbean. This
analysis was used in Regulatory Amendment 4 to evaluate some of the
biological impacts
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of establishing the various minimum size limits considered in the
amendment, which is one of many factors the Council considers as
required by applicable law. The report was inadvertently not posted on
the Southeast Regional Office Web site but was readily available if
requested. NMFS did not receive any requests for the report and it is
now posted at http://sero.nmfs.noaa.gov/sustainable_fisheries/caribbean/reef_fish/reg_am4/index.html.
Comment 3: Regulatory Amendment 4 reads like a decision has already
been made.
Response: When the Council voted to submit Regulatory Amendment 4
to NMFS for implementation, the Council was making a final decision on
the preferred alternatives and the document submitted to NMFS reflects
that decision. However, no final decision is made on whether to
implement the actions in Regulatory Amendment 4 until NMFS determines
that the regulations submitted by the Council are consistent with the
FMP, the Magnuson-Stevens Act, and other applicable laws, considers
comments on the proposed rule, and publishes a final rule.
Comment 4: With the previous implementation of Caribbean parrotfish
annual catch limits (ACLs) and accountability measures (AMs), the
proposed minimum size limits are not necessary to prevent recruitment
overfishing and may focus harvest on the larger older mature fish. The
Council and NMFS should ensure that implementation of the parrotfish
minimum size limits does not reduce reproductive output to the point of
recruitment overfishing.
Response: NMFS disagrees that implementation of the parrotfish ACLs
and AMs makes it unnecessary to establish a minimum size limit. The
ACLs and AMs are intended to prevent overfishing but do not address the
proportion of immature fish that are removed as part of the allowable
harvest. Thus, even if landings remain under the ACL, immature
individuals could still be harvested, which may result in recruitment
overfishing. NMFS agrees that a minimum size limit can result in
increased fishing pressure on larger fish. However, establishing a
minimum size limit increases the likelihood that smaller individuals
have an opportunity to reach maturity and contribute to the
reproductive output of the population.
With respect to ensuring that the minimum size limits do not result
in recruitment overfishing, the Council acknowledged that there is some
uncertainty regarding the consequences of establishing minimum size
limits for parrotfish. However, the Council determined, and NMFS
agrees, that if new information indicates that the minimum size limits
are resulting in unintended consequences, the Council can reevaluate
the size limits and take appropriate action.
Comment 5: The length and complexity of Regulatory Amendment 4
likely makes it difficult for busy fishermen to read and understand.
Response: NMFS agrees that Regulatory Amendment 4 may be considered
lengthy and that some information in the amendment is complex. However,
the information in Regulatory Amendment 4 is necessary to comply with
the requirements of the Magnuson-Stevens Act and other applicable law,
such as the National Environmental Policy Act. To assist interested
persons in understanding the actions in the amendment, the Council held
public hearings throughout the U.S. Caribbean in July 2012. In
addition, the establishment of parrotfish minimum size limits was
discussed at several Council meetings, each of which was announced in
the Federal Register, open to the public, and included a public comment
period. There was no indication during the development of Regulatory
Amendment 4 that fishermen did not understand the proposed actions or
the reasons why the Council selected the preferred alternatives.
Changes From the Proposed Rule
On April 17, 2013, NMFS published in the Federal Register an
interim final rule to reorganize the regulations in 50 CFR part 622 for
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950).
That interim final rule did not create any new rights or obligations;
rather, it reorganized the existing regulatory requirements in the Code
of Federal Regulations into a new format. This final rule incorporates
this new format into the regulatory text; it does not change the
specific regulatory requirements that were contained in the proposed
rule. Therefore, as a result of this reorganization, the parrotfish
minimum size limit regulatory text will be located at Sec. 622.436(a)
and (b) rather than Sec. 622.37(a).
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of the species within Regulatory Amendment 4 and is consistent with the
FMP, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A Final Regulatory Flexibility Analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis prepared
for the proposed rule. A description of the action, why it is being
considered and the legal basis for the rule are contained in the
preamble of the proposed rule and in the preamble of this final rule. A
summary of the FRFA follows. None of the public comments concerned the
IRFA, and there are no changes in this final rule as a result of public
comment. Therefore, there are no changes in the estimates of either the
number of small businesses affected or the potential adverse economic
impacts.
This final rule will affect up to 80 percent (142) of St. Croix,
USVI, licensed commercial fishermen, and every licensed fisherman is
assumed to represent a small business in the Finfish Fishing Industry
(NAICS 114111). The 142 small businesses are largely minority owned and
managed businesses and are divided by full-time versus part-time
enterprises and by gear used to catch fish.
Each of the small businesses will have to obtain a measuring tool
and use it to ensure that the parrotfish species they keep and land are
equal to or greater in size than the minimum size limit. Any individual
fish less than the minimum size limit will have to be discarded. Thus,
the adverse impacts of this rule are divided into four parts: (1) Cost
of obtaining the measuring tool; (2) additional time-related trip costs
to use the tool; (3) loss of revenue from fish that now have to be
discarded because they are undersized; and (4) additional fuel, bait
and gear costs if fishermen act to mitigate for above losses of
revenue.
A measuring tool is estimated to cost from $5 to $10, and the total
cost to 142 businesses to acquire the tool would be from $710 to
$1,420. The use of the measuring tool will impose to the fishers an
additional 4 to 5 seconds per parrotfish caught; however, the frequency
of its use will be dependent on both the current sizes of parrotfish
that are landed and the gear used to harvest parrotfish. Three
different scenarios are presented to represent the range of the
potential adverse economic impacts beyond the $5 to $10 cost of
acquiring the tool.
In the first scenario, it is theorized that, as a result of the
recently imposed St. Croix parrotfish ACL of 240,000 lb (108,863 kg),
round weight, all commercial fishermen have foregone catching and
landing smaller parrotfish so as to minimize the cost of producing
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those 240,000 lb (108,863 kg) (76 FR 82404, December 30, 2011). In this
scenario, all commercial fishermen are presently catching and landing
larger parrotfish that are visibly greater than the minimum size limit
and rarely, if at all, are catching any that will require a
measurement. If true, the final rule will have little to no adverse
economic impact beyond the $5 to $10 cost of acquiring a measuring tool
and an additional 4 to 5 seconds needed to measure a rare small fish.
In the second scenario, it is assumed that commercial fishermen are
not catching and landing larger parrotfish, and they cannot mitigate
for losses of landings due to discarded undersized fish. If true, this
final rule will result in an estimated total annual loss of parrotfish
landings between 960 lb (435 kg) and 13,920 lb (6,314 kg). If the
average ex-vessel price were $5 per pound, the total annual revenue
loss would be between $4,800 and $69,600, and the average revenue loss
per small business would be from approximately $34 to $490 per year.
Added to the loss of annual revenue will be higher time-related trip
costs, especially fuel costs, because it takes 4 to 5 seconds to
measure each of the parrotfish that are caught. The magnitudes of the
revenue loss and additional trip costs will not be distributed equally
among parrotfish harvest methods. Because pot-and-trap fishermen have
landed the greatest percentage of smaller parrotfish compared to other
methods of harvest, they will experience the greatest percent losses of
annual revenues and greatest increase in time-related trip costs.
In the third scenario, fishermen are presumed to act to mitigate
for potential losses of parrotfish landings by increasing fishing time
and any bait and/or gear costs so that they catch enough legally sized
parrotfish or other species to offset the pounds discarded in
undersized parrotfish. In this third scenario, annual landings and
revenues from those landings will be the same as baseline landings and
revenues, but the costs of producing the landings increase. It is
expected that small businesses that use pots and traps will incur the
greatest increases in fuel, bait, and gear costs to mitigate for
potential losses of parrotfish landings and revenues.
The second and third scenarios show disproportionate adverse
economic impacts on fishermen who use pots and traps to catch
parrotfish. It is unknown if the disproportionate adverse impacts also
represent disproportionate adverse impacts on small businesses that are
either owned and/or managed by individuals of a specific race,
ethnicity, or age, located within a small geographic area of St. Croix,
or differentiated by business size.
Considered, but rejected, alternatives would have established
larger minimum size limits for parrotfish in the St. Croix EEZ and
caused larger adverse economic impacts. Also among the considered, but
rejected, alternatives were establishing minimum size limits for
parrotfish in the areas of the EEZ off Puerto Rico and St. Thomas/St.
John, USVI, which would have increased the number of small businesses
regulated and the magnitude of the adverse economic impacts.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. As part of the rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all interested parties.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Minimum size limit, Parrotfish, St. Croix,
Virgin Islands.
Dated: July 25, 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 amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. 622.436, paragraph (a) is revised and paragraphs (b) and
(c) are added to read as follows:
Sec. 622.436 Size limits.
* * * * *
(a) Yellowtail snapper. The minimum size limit for yellowtail
snapper is 12 inches (30.5 cm), TL.
(b) Parrotfishes. The minimum size limit for parrotfishes, except
for redband parrotfish, in the St. Croix Management Area only (as
defined in Table 2 of Appendix E to Part 622) is 9 inches (22.9 cm),
fork length. See Sec. 622.434(c) for the current prohibition on the
harvest and possession of midnight parrotfish, blue parrotfish, or
rainbow parrotfish.
(c) Redband parrotfish. The minimum size limit for red band
parrotfish in the St. Croix Management Area only (as defined in Table 2
of Appendix E to Part 622) is 8 inches (20.3 cm), fork length.
[FR Doc. 2013-18260 Filed 7-29-13; 8:45 am]
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