[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Pages 46820-46822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18674]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120907427-3652-02]
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: Final rule.
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SUMMARY: NMFS issues this final rule 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). This final rule
revises the vermilion snapper recreational bag limit, revises the
yellowtail snapper stock annual catch limit (ACL), and removes the
requirement for reef fish vessels to have onboard and use a venting
tool when releasing reef fish. The purpose of this rule is to help
achieve optimum yield (OY) and prevent overfishing of vermilion and
yellowtail snapper, reduce the unnecessary burden to fishers associated
with venting reef fish, and minimize bycatch and bycatch mortality.
DATES: This rule is effective September 3, 2013.
ADDRESSES: 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).
On May 7, 2013, NMFS published a proposed rule for the framework
action and requested public comment (78 FR 26607). The proposed rule
and the framework action 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 Measures Contained in This Final Rule
Through this final rule, NMFS establishes a 10-vermilion snapper
recreational bag limit within the 20-fish aggregate reef fish bag
limit, increases the Gulf yellowtail snapper ACL from 725,000 lb
(328,855 kg), round weight, to 901,125 lb (408,743 kg), round weight,
and removes the requirement to have onboard and use venting tools when
releasing reef fish. All weights discussed in this final rule are in
round weight.
[[Page 46821]]
Vermilion Snapper Recreational Bag Limit
Vermilion snapper is 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 and to minimize the opportunity
for the vermilion snapper stock 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 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 assigned 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/Accountability
Measures (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 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, the
South Atlantic and Gulf Council's Scientific and Statistical Committees
(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 Gulf yellowtail snapper was determined to be 1.012
million lb (0.459 million kg).
For setting the Gulf yellowtail snapper ACL, the Council applied
its ACL control rule to the ABC to account for management uncertainty.
Following the control rule, the ACL was reduced by 11 percent from the
Gulf allocation of the ABC. This results in a Gulf yellowtail snapper
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 to release the fish with minimal damage. Currently, Gulf reef
fishermen must possess venting tools onboard and use them when
releasing reef fish. This requirement 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 provides 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 in the Gulf is 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 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 9 Update) and used data through 2010. The assessment indicated
that the stock was not overfished nor undergoing overfishing. Based on
the SEDAR 9 Update, 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. Recommendations by the Council's 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).
Comments and Responses
NMFS received a total of 18 comment submissions on the framework
action and the proposed rule. Of these comment submissions, 11 were
generally opposed to the rule, 4 were generally in favor of the rule, 2
were in favor of some aspects of the rule and against other aspects,
and one was from a Federal agency that had no objection to the
framework action or the proposed rule. The comments specific to this
framework action or proposed rule can be generally categorized as
either for or against the bag limit, and for or against eliminating the
venting tool requirement. NMFS agrees with those comments supporting
the bag limit and eliminating the venting tool requirement. NMFS
responds to the remaining comments as follows.
Comment 1: A 10-fish vermilion snapper recreational bag limit
within the 20-fish reef fish aggregate bag limit is too restrictive and
unnecessary.
Response: NMFS disagrees. This final rule implements a 10-fish
vermilion snapper bag limit as a precautionary measure due to concern
about the status of the vermilion snapper stock. Members of the
Council's RFAP who target vermilion snapper expressed concern that the
stock appears to be declining in recent years and that stock status
does not match the projections in the SEDAR 9 Update assessment.
Therefore, the RFAP recommended setting the ACL below the ABC level
recommended by the Council's SSC. In addition, the Council received
similar comments through public testimony.
[[Page 46822]]
The Council did not increase the vermilion snapper ACL in response to
those comments. The RFAP also recommended that the Council constrain
vermilion snapper recreational harvest because of recent increases in
landings, which increased from approximately 457,000 lb (207,292 kg) in
2010 to 1.15 million lb (521,631 kg) in 2011. The RFAP was concerned
that if such increases persist, the ACL could be exceeded. They
recommended the Council set a recreational bag limit of 10 vermilion
snapper within the 20-fish reef fish aggregate bag limit, which is
expected to constrain recreational harvest, and should reduce the
likelihood of the vermilion snapper ACL being exceeded. Given concern
about the stock status and the recent increases in recreational
landings, the Council took a precautionary approach and revised the
vermilion snapper bag limit.
Comment 2: Retain the venting tool requirement or require that some
type of gear that reduces barotrauma, such as a fish descender, be
onboard a vessel when reef fish fishing.
Response: NMFS recognizes that the use of a venting tool can reduce
the discard mortality rate of reef fish brought to the surface when
used correctly for certain types of fish. However, requiring the use of
venting tools can contribute to discard mortality when used incorrectly
or with other types of fish, particularly those harvested from deeper
waters. Recent research has determined that use of venting tools is of
questionable usefulness. Depending on the species of fish to be vented,
the size of the fish to be vented, and the circumstances surrounding
the release of the fish, alternative methods of returning the fish to
depth (e.g., rapid descent devices, recompression devices, etc.), or
simply releasing the fish with no venting may be preferable. The
venting tool requirement may also discourage fishermen from using other
methods to return fish to deeper waters that might improve the chance
of a reef fish species surviving catch and release, such as the use of
a recompression device.
Additionally, requiring some type of gear that reduces reef fish
barotrauma poses management and enforcement problems. Removing the
venting tool requirement will simplify Federal regulations and provide
fishermen the flexibility to use other release devices that may be more
effective than venting certain types of fish. This final rule does not
preclude fishermen from using venting tools in the future, but simply
removes the requirement to have them onboard and use them.
Changes From the Proposed Rule
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act,
and prior to SBA's June 20, 2013, final rule, a certification was
developed for this action using SBA's former size standards. Subsequent
to the June 20, 2013 rule, NMFS has reviewed the certification prepared
for this action in light of the new size standards. Under the former,
lower size standards, all entities subject to this action were
considered small entities, thus they all would continue to be
considered small under the new standards. NMFS has determined that the
new size standards do not affect the analyses prepared for this action.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule and the framework action are necessary for the
conservation and management of the Gulf reef fish fishery and are
consistent with the Magnuson-Stevens Act and other applicable law.
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 this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Reef fish, Venting tool, Vermilion
snapper, Yellowtail snapper.
Dated: July 29, 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. 622.30, paragraph (c) is removed and the introductory text
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.
* * * * *
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. 2013-18674 Filed 8-1-13; 8:45 am]
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