[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78770-78776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30943]
[[Page 78770]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130312236-3999-02]
RIN 0648-BD05
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 27
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 Amendment 27
(Amendment 27) to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (FMP), as prepared and submitted
by the South Atlantic Fishery Management Council (South Atlantic
Council). Amendment 27 and this final rule extend the South Atlantic
Council's management responsibility for Nassau grouper into the Gulf of
Mexico (Gulf) exclusive economic zone (EEZ); increase the number of
allowable crew members to four on dual-permitted snapper-grouper
vessels (i.e., vessels holding a South Atlantic Charter Vessel/Headboat
Permit for Snapper-Grouper and a commercial South Atlantic Unlimited or
a 225-Pound Trip Limit Snapper-Grouper Permit) that are fishing
commercially; remove the prohibition on retaining any fish under the
aggregate bag limit for grouper and tilefish or the vermilion snapper
bag limit by captains and crew of federally permitted for-hire vessels;
modify the snapper-grouper framework procedures to allow acceptable
biological catch levels (ABCs), annual catch limits (ACLs), and annual
catch targets (ACTs) to be adjusted via an abbreviated framework
process; and remove blue runner from the FMP. The purposes of this
final rule are to streamline management of Nassau grouper, improve
vessel safety for dual-permitted vessels, implement consistent
regulations regarding captains and crew retention limits for snapper-
grouper species, expedite adjustments to snapper-grouper catch limits
when new scientific information becomes available, and minimize socio-
economic impacts to fishermen who harvest and sell blue runner.
DATES: This rule is effective January 27, 2014.
ADDRESSES: Electronic copies of Amendment 27, 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.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the South
Atlantic 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 18, 2013, NMFS published a notice of availability for
Amendment 27 and requested public comment (78 FR 57337). On September
27, 2013, NMFS published a proposed rule for Amendment 27 and requested
public comment (78 FR 59635). NMFS approved Amendment 27 on December
16, 2013. The proposed rule and Amendment 27 outline the rationale for
the actions contained in this final rule. A summary of the actions
implemented by Amendment 27 and this final rule is provided below.
Management Measures Contained in This Final Rule
Extension of Management Authority for Nassau Grouper in the Gulf of
Mexico to the South Atlantic Council
Amendment 27 and this final rule extend the South Atlantic Council
management responsibility for Nassau grouper into Federal waters of the
Gulf. The current restrictions on the harvest or possession of Nassau
grouper in the Gulf EEZ and South Atlantic EEZ continue through this
final rule.
Increase in Crew Member Limit for Dual-Permitted Vessels
This final rule increases the crew size limit from three to four
persons on dual-permitted vessels (vessels with both a South Atlantic
Charter Vessel/Headboat Permit for Snapper-Grouper and a commercial
South Atlantic Unlimited or 225-Pound Permit for Snapper-Grouper) when
operating commercially.
Removal of Captains and Crew Bag Limit Retention Restrictions for
Snapper-Grouper Species
This final rule removes the current restriction that prohibits the
captains and crew on a vessel operating as a charter vessel or headboat
from retaining the bag limits of gag, black grouper, red grouper,
scamp, red hind, rock hind, coney, graysby, yellowfin grouper,
yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper,
vermilion snapper, sand tilefish, blueline tilefish, and golden
tilefish.
Modify the Framework Procedures in the Snapper-Grouper FMP
This final rule allows an ABC, ACL, and ACT to be modified using an
abbreviated framework procedure. After the South Atlantic Council has
taken final action to change an ABC, ACL, and/or ACT, the Council
submits a letter with supporting data and information to the NMFS
Southeast Regional Administrator (RA) requesting the desired change to
those applicable harvest parameters. Based on the information provided
by the South Atlantic Council, the RA determines whether or not the
requested modifications may be warranted. If the requested
modifications may be warranted, NMFS develops the appropriate
documentation to comply with the National Environmental Policy Act
(NEPA) and other applicable law, and proposes the action through
rulemaking.
Remove Blue Runner From the FMP
Finally, this final rule removes blue runner from the FMP.
Comments and Responses
NMFS received 12 unique comment submissions on Amendment 27 and the
proposed rule. The comments were submitted by one fishing association,
one state agency, one environmental organization, one Federal agency,
and eight individuals. One individual and one fishing association
expressed general support for all the actions in the amendment. One
individual and one environmental organization expressed support for the
Framework Procedure modifications. Two individuals opposed, and one
favored, allowing captains and crew to retain all snapper-grouper
species. One individual opposed increasing the number of crew members
on dual-permitted vessels. One state agency and one individual
supported removing blue runner from the FMP, and one individual opposed
extending the jurisdiction for Nassau grouper management. One comment
was beyond the scope of the actions contained within the amendment. A
summary of the comments and NMFS' responses to those comments appears
below.
Comment 1: One commenter opposed extending the South Atlantic
Council's
[[Page 78771]]
jurisdictional management authority of Nassau grouper into the Gulf.
Response: The South Atlantic Council's assumption of management
authority of Nassau grouper throughout its range in the Southeast
Region is consistent with Magnuson-Stevens Act National Standard (NS)
3, which states that an individual stock of fish shall be managed as a
unit throughout its range, and NS 7 because it removes a duplication of
management effort. The Gulf Council took action to remove Nassau
grouper from the Gulf reef fish fishery management unit, for the
purpose of allowing the South Atlantic Council to extend its area of
jurisdiction for management of Nassau grouper to include Federal waters
of the Gulf. Without the South Atlantic Council extending its
jurisdiction for management of Nassau grouper into the Gulf, Nassau
grouper would not be managed throughout its range. The majority of
Nassau grouper are found in the South Atlantic Region; therefore, NMFS
and both Councils determined that giving the South Atlantic Council
sole regulatory authority over Nassau grouper in the Southeast Region
is the most efficient arrangement for monitoring and managing the
species.
Comment 2: Two commenters opposed allowing captains and crew of
for-hire vessels (charter vessels and headboats) to harvest bag limit
quantities of all snapper-grouper species because the recreational ACLs
could be caught faster and could result in additional fishing pressure
on the resource. One commenter supported allowing captains and crew of
for-hire vessels to harvest bag limit quantities of all snapper-grouper
species.
Response: For species with very low recreational ACLs (such as
snowy grouper), allowing the captain and crew to retain bag limits may
cause the ACL to be met earlier and reduce the amount of time private
recreational anglers have access to certain species. However, the
biological impacts analysis in Amendment 27 indicates the average
increase in harvest of the most commonly landed snapper-grouper species
under this action will be only 0.02 percent for the headboat sector and
0.35 percent for the charter vessel sector. These minor increases in
harvest are not likely to result in a significantly accelerated pace of
harvest compared to current harvest rates for most snapper-grouper
species. Additionally, these negligible increases are unlikely to
result in negative biological impacts, particularly since ACLs and
accountability measures (AMs) are in place to prevent overfishing from
occurring. Allowing crew members of for-hire vessels to harvest and
retain bag limit quantities of gag, black grouper, red grouper, scamp,
red hind, rock hind, coney, graysby, yellowfin grouper, yellowmouth
grouper, yellowedge grouper, snowy grouper, misty grouper, vermilion
snapper, sand tilefish, blueline tilefish, and golden tilefish will
create consistent regulations for retention of all snapper-grouper
species by for-hire captain and crew members in the South Atlantic.
Therefore, in the South Atlantic, this action will eliminate confusion
about retention restrictions for snapper-grouper species, and could
help streamline enforcement efforts within this fishery.
Comment 3: One commenter opposed allowing a fourth crew member to
work onboard dual-permitted vessels, because allowing the captains and
crew to keep their bag limit would shorten the fishing seasons.
Response: This commenter is confusing two actions in the amendment.
There is an action to remove the prohibition for captains and crew on
for-hire vessels to retain the snapper-grouper bag limits (discussed in
response to Comment 2), and there is an action to extend the maximum
crew size limit on dual-permitted vessels from three to four.
Currently, there is no restriction on the number of crew members on
for-hire vessels, but there is a restriction on the number of crew
members on vessels that have both a commercial vessel permit and a for-
hire vessel permit for South Atlantic snapper-grouper. Allowing one
additional commercial crew member to work onboard dual-permitted
vessels may lead to increased efficiency of commercial fishing
operations; however, the rate of harvest is not expected to
substantially increase. Therefore, the addition of one crew member is
not likely to result in snapper-grouper ACLs from being met earlier in
the fishing season compared to the status quo.
The action to increase the crew size from three people to four on
these dual-permitted vessels will resolve a conflict between the South
Atlantic Council's maximum crew size restrictions (no more than three
crew members) and the United States Coast Guard's minimum crew size
requirements (at least four crew members) for vessels required to have
a Certificate of Inspection. This action will increase safety onboard
dual-permitted vessels because it allows crew members to properly use
the buddy system (i.e., diving as a pair instead of individually) while
engaging in diving operations.
Additionally, allowing four crew members onboard dual-permitted
vessels in the South Atlantic would create consistent regulations with
those that apply in the Gulf of Mexico, which will benefit fishermen
and the administrative environment by simplifying enforcement of the
maximum crew size restriction.
Comment 4: One commenter supported more flexibility in management
and minimizing regulatory delay in response to new stock assessments.
One environmental organization supported the abbreviated Framework
Procedure included in Amendment 27, but stressed the need for continued
compliance with NMFS' Operational Guidelines, which established the
circumstances under which the abbreviated Framework Process may be
applied, and ensures adequate public notice and comment during the
abbreviated Framework Process.
Response: Amendment 27 and this final rule will modify the current
Framework Procedure for the FMP to allow for an abbreviated process for
changing ABCs, ACLs, and ACTs for species in the snapper-grouper
fishery management unit in response to a stock assessment. The
abbreviated Framework Procedure will be utilized for the routine
adjustment of these harvest parameters in keeping with NMFS'
Operational Guidelines. This action will give the South Atlantic
Council and NMFS the ability to implement appropriate levels of harvest
more quickly in response to the latest scientific information, while
ensuring adequate notice and public comment. NMFS anticipates that this
more streamlined approach will minimize administrative impacts for
routine changes to harvest parameters. Any action implemented through
the abbreviated Framework Process will comply with the Magnuson-Stevens
Act and all other applicable law.
Comment 5: One individual and one state agency supported removing
blue runner from the FMP. The Florida Fish and Wildlife Conservation
Commission (FWC) specifically referenced a letter from the FWC Chairman
to the South Atlantic Council Chairman dated May 20, 2013. The letter
explained the intent of the FWC to extend state management measures for
blue runner into adjacent Federal waters if Amendment 27 is approved
for implementation.
Response: According to Amendment 27, from 2005 through 2011, most
recreational (99 percent) and commercial (99 percent) blue runner
harvest were from Federal and state waters off Florida, and of that
harvest, 76 percent of blue runner landings came from state waters.
Blue runner is not
[[Page 78772]]
commonly retained for human consumption, is primarily used as bait, and
is currently subject to management in Florida state waters, including
gear prohibitions, a recreational bag limit, bycatch restrictions,
penalties for unlicensed sale of blue runner, a Saltwater Products
License requirement, and trip ticket requirements. Additional
restrictions (gear, area closures, etc.) apply to blue runner in waters
off certain Florida counties. At its September 5-6, 2013, meeting the
FWC considered a draft rule for blue runner that would:
(1) Define blue runner as any fish of the species Caranx crysos (as
it is currently defined in the Federal FMP, but was recently
inadvertently mislabeled in the NMFS regulations as Caranx bartholomaei
(yellow jack));
(2) Establish a statewide recreational daily bag limit of 100 fish
per person per day;
(3) Extend this bag limit into adjacent Federal waters if Federal
rules are removed; and
(4) Clarify that a Saltwater Products License is required for
commercial harvest of blue runner in both state and Federal waters.
At its November 21-22, 2013, meeting the FWC approved this draft
rule and stated the final rule would become effective after blue runner
is removed from the Federal FMP.
Because blue runner is predominantly harvested in Florida state
waters and is infrequently harvested off states other than Florida, and
because Florida currently manages blue runner and intends to extend its
management for fishing vessels registered under Florida law into
Federal waters off Florida, NMFS determined that it is appropriate to
remove the species from the FMP without having a negative biological
impact on the stock.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of South Atlantic snapper-grouper and is consistent with Amendment 27,
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 for
this action. The FRFA incorporates the IRFA, a summary of the
significant economic issues raised by public comment, NMFS' responses
to those comments, and a summary of the analyses completed to support
the action. The FRFA follows.
No public comments specific to the IRFA were received and,
therefore, no public comments are addressed in this FRFA. Certain
comments with socioeconomic implications are addressed in the comments
and responses section. No changes in the final rule were made in
response to public comments.
NMFS agrees that the South Atlantic Council's choice of preferred
alternatives would best achieve the South Atlantic Council's objectives
for Amendment 27 to the FMP while minimizing, to the extent
practicable, the adverse effects on fishers, support industries, and
associated communities. The preamble to this final rule provides a
statement of the need for and objectives of this rule.
The final rule extends the South Atlantic Council's jurisdictional
authority for management of Nassau grouper to include Gulf Federal
waters and continues the harvest prohibition of Nassau grouper in the
Gulf and South Atlantic EEZ; increases, from three to four, the number
of crew members on any dual-permitted vessel (a vessel with both a
South Atlantic for-hire snapper-grouper and a South Atlantic commercial
snapper-grouper permit) when operating commercially; removes the
snapper-grouper species retention restrictions for captains and crew of
vessels with a South Atlantic for-hire snapper-grouper permit; modifies
the South Atlantic Snapper-Grouper FMP framework procedure; and removes
blue runner from the South Atlantic Snapper-Grouper FMP.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
Accordingly, this final rule does not implicate the Paperwork Reduction
Act.
NMFS expects the final rule to directly affect commercial fishermen
and for-hire vessel operators in the South Atlantic snapper-grouper
fishery. The Small Business Administration (SBA) recently modified the
small entity size criteria for all major industry sectors in the U.S.,
including fish harvesters. A business involved in finfish harvesting is
classified as a small business if independently owned and operated, is
not dominant in its field of operation (including its affiliates), and
its combined annual receipts are not in excess of $19.0 million (NAICS
code 114111, finfish fishing) for all of its affiliated operations
worldwide. For for-hire vessels, all qualifiers apply except that the
annual receipts threshold is $7.0 million (NAICS code 487210,
recreational industries). The SBA periodically reviews and changes, as
appropriate, these size criteria. On June 20, 2013, the SBA issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). This rule increased
the size standard for commercial finfish harvesters from $4.0 million
to $19.0 million. Neither this rule, nor other recent SBA rules,
changed the size standard for for-hire vessels.
From 2007 through 2011, an annual average of 336 vessels with valid
commercial South Atlantic snapper-grouper permits landed at least 1 lb
(0.45 kg) of blue runner. These vessels generated dockside revenues of
approximately $2.1 million (2011) from all species caught in the same
trips as blue runner, of which $111,000 (2011 dollars) were from sales
of blue runner. Each vessel, therefore, generated an average of
approximately $6,250 in gross revenues, of which $330 were from blue
runner. Vessels in the coastal migratory pelagics fishery also
harvested blue runner on some of their trips harvesting Spanish or king
mackerel. In 2007-2011, an average of 176 vessels harvested at least 1
lb (0.45 kg) of king mackerel and 1 lb (0.45 kg) of blue runner. These
vessels generated an average of about $799,000 from sales of king
mackerel and $57,000 from sales of blue runner. For the same period, an
average of 219 vessels harvested at least 1 lb (0.45 kg) of Spanish
mackerel and 1 lb (0.45 kg) of blue runner. These vessels generated
about $352,000 from sales of Spanish mackerel and $33,000 from sales of
blue runner.
For more than two decades, the commercial and recreational harvest
of Nassau grouper in the South Atlantic and Gulf has been prohibited,
so no revenue information on commercial vessels dependent on Nassau
grouper is available. Based on the revenue information presented above,
all commercial vessels that will be affected by the rule can be
considered small entities.
From 2007 through 2011, an annual average of 1,813 vessels had
valid South Atlantic charter vessel/headboat (for-hire) snapper-grouper
permits. As of January 22, 2013, 1,462 vessels held South Atlantic for-
hire snapper-grouper permits, and about 75 are estimated to have
operated as headboats in 2013. The for-hire fleet consists of charter
vessels, which charge a fee on a vessel basis, and headboats, which
charge a fee on an
[[Page 78773]]
individual angler (head) basis. Average annual revenues (2011 dollars)
per charter vessel are estimated to be $126,032 for Florida vessels,
$53,443 for Georgia vessels, $100,823 for South Carolina vessels, and
$101,959 for North Carolina vessels. For headboats, the corresponding
per vessel estimates are $209,507 for Florida vessels and $153,848 for
vessels in the other states. Revenue figures for headboats in states
other than Florida are aggregated for confidentiality reasons. Based on
these average revenue figures, all for-hire operations that will be
affected by the rule can be considered small entities.
NMFS expects the final rule to directly affect all federally
permitted commercial vessels harvesting blue runner and for-hire
vessels that operate in the South Atlantic snapper-grouper fishery. All
directly affected entities have been determined, for the purpose of
this analysis, to be small entities. Therefore, NMFS has determined
that this rule will affect a substantial number of small entities. In
addition, the issue of disproportional effects on small versus large
entities does not arise in the present case.
Extending the South Atlantic Council's jurisdictional authority for
management of Nassau grouper has no direct effects on the profits of
commercial and for-hire vessels, because there are no accompanying
changes to the management measures for this species. Any future changes
to the management for Nassau grouper in the Gulf or South Atlantic EEZ
will pass through the usual regulatory process, although in the future
it will be solely under the South Atlantic Council's regulatory
process.
Increasing the maximum number of crew members on any dual-permitted
vessel that is operating commercially from three to four will generally
affect only those vessels that opt to bring on board an additional crew
member. Vessel owners/operators will likely weigh the additional costs
and benefits of such an action. Direct costs will be in the form of
compensation to the additional crew member. Benefits could come in the
form of better safety conditions, especially on trips that involve
diving. The net effect of this action is relatively unknown in the
short term. This action will make the South Atlantic regulation on the
maximum crew size of dual-permitted vessels consistent with the Gulf
regulation. Preliminary reports for the Gulf for-hire sector appear to
indicate that safety-at-sea has improved when vessels started adding
crew members.
Removing the snapper-grouper bag limit retention restrictions for
the captains and crew of for-hire vessels (i.e., allowing the captains
and crew to possess bag limits for all snapper-grouper species with
allowable bag limits) could potentially increase the profits of for-
hire vessels. These extra bag limits could be used as part of crew
compensation, which would lower overall cost, or as a marketing tool to
attract additional angler trips, which could bring in additional
revenues. It is likely, however, that profit increases will be
relatively minimal because of the small number of additional fish that
could be kept if the retention restriction were removed. The total
extra fish in a year that will result from allowing the captains and
crew of for-hire vessels to keep bag limits is estimated to be about 51
fish on all charter trips and 138 fish on all headboat trips. From an
enforcement perspective, this action will reduce confusion regarding
which snapper-grouper species may be retained by the captains and crew
of for-hire vessels.
Modifying the FMP framework procedure has no direct effects on
commercial and for-hire vessel profits. This modification will allow
for faster implementation of changes in the ABCs, ACLs, and ACTs for
any snapper-grouper species based on the most recent stock assessment.
The effects of those changes will be analyzed once they are considered
by the South Atlantic Council.
Removing blue runner from the FMP will leave this species
relatively unregulated in the South Atlantic EEZ, where 24 percent of
the landings occurred from 2005-2011. As a result, commercial vessels
could harvest as many blue runner as they can, using whatever gear is
most efficient for their operations. In principle, therefore, this
action can be expected to result in overall profit increases to
commercial vessels in the short term. Historically, however, blue
runner has not been a major species targeted or landed by commercial
snapper-grouper or coastal migratory pelagic vessels. During 2007-2011,
revenues from blue runner accounted for an average of about 5 percent
of total revenues generated by snapper-grouper commercial vessels that
landed at least 1 lb (0.45 kg) of blue runner. These vessels will
generate additional profits mainly if they increase their effort in
harvesting blue runner. This will require some changes in their
harvesting strategies that may only increase fishing costs. Many vessel
operators may have deemed this cost increase not worth expending, as
partly evidenced by the relatively small share that sales of blue
runner contribute to total vessel revenues.
The case with commercial vessels targeting mainly Spanish or king
mackerel is different from that with vessels mainly dependent on
snapper-grouper species. Under the no action alternative, a commercial
snapper-grouper permit is required to possess and land blue runner. In
addition, allowable gear types for harvesting any snapper-grouper
species exclude gillnets, which are a gear type used in harvesting king
and Spanish mackerel. Vessels which harvest king or Spanish mackerel,
but do not possess a commercial snapper-grouper permit, must discard
their catches of blue runner; or, even if they have the necessary
commercial snapper-grouper permit, they may not use gillnets to harvest
blue runner along with king and Spanish mackerel. For commercial
vessels landing at least 1 lb (0.45 kg) of Spanish mackerel and 1 lb
(0.45 kg) of blue runner, revenues from blue runner were about 10
percent of revenues from Spanish mackerel in 2007-2011; and for
commercial vessels landing at least 1 lb (0.45 kg) of king mackerel and
1 lb (0.45 kg) of blue runner, revenues from blue runner were about 5
percent of revenues from king mackerel in 2007-2011. Removing blue
runner from the FMP will allow these vessels to legally maintain their
revenues and profits at current levels. However, some of these vessels'
revenues may be forgone if Florida extends its gillnet ban into the
EEZ.
Similar to commercial vessels, for-hire vessels will, in principle,
benefit from removing blue runner from the FMP. These vessels may take
as many trips targeting blue runner as they can. However, charter
vessels and headboats accounted for only 2.4 percent and 2.5 percent,
respectively, of total recreational landings of blue runner during
2007-2011. In addition, there is no record of target trips for blue
runner by charter vessels, and target trips for blue runner by
headboats are unknown. Given this information on landings and target
trips, removing blue runner from the FMP will likely have minimal
effects on the profits of for-hire vessels.
The long-term effects of removing blue runner from the FMP on
commercial and for-hire vessel profits depend on whether the harvest of
blue runner is sustainable in the absence of Federal management of the
species. Should blue runner undergo overfishing or become overfished,
commercial and for-hire vessel catches of blue runner would decline and
so would their profits. However, it should be noted that about 99
percent of blue runner are caught off Florida, so with blue runner
being removed from the FMP, Florida
[[Page 78774]]
could extend its fishing regulations into the EEZ. This could allow for
continued sustainable management of the species. In addition, the South
Atlantic Council expressed its intention to continue monitoring trends
and landings of blue runner for possible future management actions
affecting the species, should the need arise.
The following discussion analyzes the alternatives that were not
preferred by the South Atlantic Council, or alternatives for which the
South Atlantic Council chose the no action alternative.
Two alternatives, including the preferred alternative, were
considered for extending the South Atlantic Council's jurisdictional
authority for management of Nassau grouper. The only other alternative
is the no action alternative. The South Atlantic Council decided two
alternatives were sufficient, since the Secretary of Commerce has
already designated the South Atlantic Council as the responsible
fishery management council to manage Nassau grouper in the Gulf. These
two alternatives are administrative in nature and therefore would have
no direct effects on the profits of commercial and for-hire vessels.
Three alternatives, including the preferred alternative, were
considered for modifying the crew size restriction for dual-permitted
snapper-grouper vessels. The first alternative, the no action
alternative, would maintain the commercial crew size limit of three
persons. This alternative would have no effects on vessel profits, but
it would not address safety issues particularly related to diving
trips. The second alternative would remove entirely the commercial crew
size limit on dual-permitted snapper-grouper vessels. This alternative
would afford vessel owners/operators more flexibility in selecting the
optimal crew size for every fishing trip, and thus may be expected to
result in higher profits than any of the other alternatives. However,
this alternative would tend to complicate the enforcement of fishing
rules that differentiate between a commercial and a for-hire fishing
trip. Under the alternative, dual-permitted vessels could take a for-
hire trip with every angler practically considered a crew member, and
then sell their catch as if a commercial vessel trip was taken. In
addition to being illegal, this practice could pose problems in
tracking recreational versus commercial landings of snapper-grouper
species for purposes of ACL monitoring. Moreover, accountability
measures could be unduly imposed on one sector if sector ACLs could not
be properly monitored.
Three alternatives, including the preferred alternative, were
considered for modifying the bag limit restriction on snapper-grouper
species for the captains and crew of permitted for-hire vessels. The
first alternative, the no action alternative, would maintain the
prohibition on captains and crew of for-hire vessels from retaining bag
limit quantities of the following species: Gag, black grouper, red
grouper, scamp, red hind, rock hind, coney, graysby, yellowfin grouper,
yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper,
vermilion snapper, sand tilefish, blueline tilefish, and golden
tilefish. This alternative would not change the profits of for-hire
vessels, but would also forgo any potential profit that could result
from the preferred alternative. The second alternative would establish
a bag limit of zero for the captains and crew of permitted for-hire
vessels for all species included in the FMP. Under this alternative,
captains and crew of for-hire vessels would tend to forgo annually
about 275 fish in charter trips, and 4,291 fish in headboat trips. If
these fish were used as part of crew compensation, losing them would
increase the cost of fishing; if these fish were used as a marketing
tool to attract additional angler trips, those trips and associated
revenues would likely not occur in the future. There is, therefore, a
substantial likelihood that this alternative would adversely affect the
profits of for-hire vessels, although the magnitude of effects would be
relatively small.
Two alternatives, including the preferred alternative, were
considered for modifying the FMP framework procedure. The only other
alternative is the no action alternative. These two alternatives are
administrative in nature and therefore would have no direct effects on
the profits of commercial and for-hire vessels. Only one alternative
was considered by the Council that would meet the purpose of this
amendment and at same time address the concerns raised by NOAA General
Counsel (NOAA GC). The Council had initially proposed amending the
framework procedure to allow for adjustments to ACLs via publication of
a notice in the Federal Register. However, NOAA GC advised the Council
that such a process would not meet current legal requirements and NMFS
would likely disapprove it. Subsequently, the Council revised the
alternative to incorporate NOAA GC suggestions.
Three alternatives, including the preferred alternative, were
considered for modifying the placement of blue runner in a fishery
management unit and/or modifying management measures for blue runner.
The first alternative, the no action alternative, would have no effect
on the profits of commercial and for-hire vessels in the snapper-
grouper fishery. However, commercial vessels in the coastal migratory
pelagics fishery that do not possess a commercial snapper-grouper
permit would have to discard their catches of blue runner unless they
secure the necessary permit. Without the necessary permit, they would
experience revenue and profit reductions from discarding blue runner.
If they wanted to continue their practice of harvesting and selling
blue runner, they would have to purchase a commercial snapper-grouper
permit. Their cost would increase especially because the commercial
snapper-grouper permit is under a limited access program, and the
likely purchase price of a commercial snapper-grouper permit would be
substantially higher than the administrative cost of securing an open
access permit or renewing a commercial snapper-grouper permit. The
second alternative would retain blue runner in the FMP, but would allow
commercial harvest and sale of blue runner for vessels with a South
Atlantic commercial Spanish mackerel permit. In addition, gillnets
would be an allowable gear in the snapper-grouper fishery, although
only for harvesting blue runner. This alternative would tend to
maintain the current profitability of commercial vessels, especially in
the coastal migratory pelagics fishery as these vessels would be
allowed to harvest and sell blue runner without incurring additional
costs through the purchase of commercial snapper-grouper permits. The
third alternative would retain blue runner in the FMP, but would exempt
the species from the commercial snapper-grouper permit requirement for
purchase, harvest, and sale of snapper or grouper. This alternative
would have the same effects on the profits of commercial vessels as the
second alternative.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Headboat, Reporting and recordkeeping
requirements, South Atlantic.
Dated: December 20, 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:
[[Page 78775]]
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. 622.1, paragraph (d), Table 1, the entry for ``FMP for the
Snapper-Grouper Fishery of the South Atlantic Region'' is revised and
footnote 6 is added to read as follows:
Sec. 622.1 Purpose and scope.
* * * * *
(d) * * *
Table 1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FMP for the Snapper-Grouper Fishery SAFMC................................... South Atlantic \6\
of the South Atlantic Region.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\6\ Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are managed under the FMP.
* * * * *
0
3. In Sec. 622.2, the definition for ``Charter vessel'' is revised to
read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Charter vessel means a vessel less than 100 gross tons (90.8 mt)
that is subject to the requirements of the USCG to carry six or fewer
passengers for hire and that engages in charter fishing at any time
during the calendar year. A charter vessel with a commercial permit, as
required under Sec. 622.4(a)(2), is considered to be operating as a
charter vessel when it carries a passenger who pays a fee or when there
are more than three persons aboard, including operator and crew, except
for a charter vessel with a commercial vessel permit for Gulf reef fish
or South Atlantic snapper-grouper. A charter vessel that has a charter
vessel permit for Gulf reef fish and a commercial vessel permit for
Gulf reef fish or a charter vessel permit for South Atlantic snapper-
grouper and a commercial permit for South Atlantic snapper-grouper
(either a South Atlantic snapper-grouper unlimited permit or a 225-lb
(102.1-kg) trip limited permit for South Atlantic snapper-grouper) is
considered to be operating as a charter vessel when it carries a
passenger who pays a fee or when there are more than four persons
aboard, including operator and crew. A charter vessel that has a
charter vessel permit for Gulf reef fish, a commercial vessel permit
for Gulf reef fish, and a valid Certificate of Inspection (COI) issued
by the USCG to carry passengers for hire will not be considered to be
operating as a charter vessel provided--
(1) It is not carrying a passenger who pays a fee; and
(2) When underway for more than 12 hours, that vessel meets, but
does not exceed the minimum manning requirements outlined in its COI
for vessels underway over 12 hours; or when underway for not more than
12 hours, that vessel meets the minimum manning requirements outlined
in its COI for vessels underway for not more than 12-hours (if any),
and does not exceed the minimum manning requirements outlined in its
COI for vessels that are underway for more than 12 hours.
* * * * *
0
4. In Sec. 622.33, a sentence is added at the end of paragraph (a) and
paragraph (c) is removed and reserved.
The addition reads as follows:
Sec. 622.33 Prohibited species.
(a) * * * (Note: Nassau grouper in the Gulf EEZ may not be
harvested or possessed, as specified in Sec. 622.181(b)(1).)
* * * * *
0
5. In Sec. 622.38, paragraph (b)(2) is revised to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(2) Groupers, combined, excluding goliath 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. However, no grouper may be
retained by the captain or crew of a vessel operating as a charter
vessel or headboat. The bag limit for such captain and crew is zero.
(Note: Nassau grouper in the Gulf EEZ may not be harvested or
possessed, as specified in Sec. 622.181(b)(4).)
* * * * *
0
6. In Sec. 622.181, paragraph (b)(1) is revised and paragraph (b)(4)
is added to read as follows:
Sec. 622.181 Prohibited and limited-harvest species.
* * * * *
(b) * * *
(1) Goliath grouper may not be harvested or possessed in the South
Atlantic EEZ. Goliath grouper taken in the South Atlantic EEZ
incidentally by hook-and-line must be released immediately by cutting
the line without removing the fish from the water.
* * * * *
(4) Nassau grouper may not be harvested or possessed in the South
Atlantic EEZ or the Gulf EEZ. Nassau grouper taken in the South
Atlantic EEZ or the Gulf EEZ incidentally by hook-and-line must be
released immediately by cutting the line without removing the fish from
the water.
* * * * *
0
7. In Sec. 622.187, paragraphs (b)(2), (b)(5), and (b)(8) are revised
to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) Grouper and tilefish, combined--3. Within the 3-fish aggregate
bag limit:
(i) No more than one fish may be gag or black grouper, combined;
(ii) No more than one fish per vessel may be a snowy grouper;
(iii) No more than one fish may be a golden tilefish; and
(iv) No goliath grouper or Nassau grouper may be retained.
* * * * *
(5) Vermilion snapper--5.
* * * * *
(8) South Atlantic snapper-grouper, combined--20. However, excluded
from this 20-fish bag limit are tomtate, South Atlantic snapper-grouper
ecosystem component species (specified in Table 4 of Appendix A to part
622), and those specified in paragraphs (b)(1) through (7) and
paragraphs (b)(9) and (10) of this section.
* * * * *
[[Page 78776]]
Sec. 622.193 [Amended]
0
7. In Sec. 622.193, paragraph (s) is removed and reserved.
0
8. In Appendix A to part 622, Table 4 is revised to read as follows:
Appendix A to part 622--Species Tables
* * * * *
Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
-------------------------------------------------------------------------
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor's choice, Haemulon parrai
White grunt, Haemulon plumieri
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses
Black sea bass, Centropristis striata
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem component species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
Schoolmaster, Lutjanus apodus
------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-30943 Filed 12-26-13; 8:45 am]
BILLING CODE 3510-22-P