[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60379-60381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23912]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140214139-4799-02]
RIN 0648-BD91


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 21

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final changes to management measures.

-----------------------------------------------------------------------

SUMMARY: NMFS issues these final changes to management measures to 
implement Regulatory Amendment 21 to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP) 
(Regulatory Amendment 21), as prepared and submitted by the South 
Atlantic Fishery Management Council (Council). Regulatory Amendment 21 
modifies the definition of the overfished threshold for red snapper, 
blueline tilefish, gag, black grouper, yellowtail snapper, vermilion 
snapper, red porgy, and greater amberjack. The purpose of Regulatory 
Amendment 21 is to prevent snapper-grouper stocks with low natural 
mortality rates from frequently alternating between overfished and 
rebuilt conditions due to natural variation in recruitment and other 
environmental factors.

DATES: These final changes to management measures are effective 
November 6, 2014.

ADDRESSES: Electronic copies of Regulatory Amendment 21, which includes 
an environmental assessment 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 Region is managed under the FMP. The FMP 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 August 1, 2014, NMFS published the proposed changes to 
management measures for Regulatory Amendment 21 and requested public 
comment (79 FR 44735). The proposed changes to management measures and 
Regulatory Amendment 21 outline the rationale for the actions contained 
herein. A summary of the actions implemented by Regulatory Amendment 21 
is provided below.
    Regulatory Amendment 21 redefines the minimum stock size threshold 
(MSST) for red snapper, blueline tilefish, gag, black grouper, 
yellowtail snapper, vermilion snapper, red porgy, and greater amberjack 
as 75 percent of spawning stock biomass at maximum sustainable yield 
(SSBMSY). The MSST is used to determine if a species is 
overfished. Redefining the MSST for these species will help prevent 
species from being designated as overfished when small drops in biomass 
are due to natural variation in recruitment or other environmental 
variables such as storms, and extreme water temperatures, and will 
ensure that rebuilding plans are applied to stocks only when truly 
appropriate.

Comments and Responses

    NMFS received eight unique comment submissions on the Regulatory 
Amendment 21 proposed rule. The comments were submitted by six 
individuals and two fishing organizations. One individual and two 
fishing organizations expressed general support for the action in the 
amendment. Two individuals recommended fishery management techniques 
other than modifying the MSST. Three comments were not related to the 
actions in the rule. A summary of the comments and NMFS' responses to 
comments related to the rule appears below.
    Comment 1: Two commenters generally agree with the action in 
Regulatory Amendment 21. One commenter wrote that abundance may vary 
for certain species at different times, and the action may help reduce 
regulatory discards that are created when restrictive regulations are 
implemented.
    Response: NMFS agrees that redefining the overfished threshold for 
red snapper, blueline tilefish, gag, black grouper, yellowtail snapper, 
vermilion snapper, red porgy, and greater amberjack is likely to 
prevent these species from frequently fluctuating between overfished 
and not overfished conditions. This will help ensure that rebuilding 
plans and subsequent management measures to rebuild a stock are only 
implemented when they are biologically necessary.

[[Page 60380]]

    Comment 2: One commenter suggested that NMFS reexamine how 
fisheries data on deep-water species are determined. The commenter used 
snowy grouper as an example of mismanagement of deep-water snapper-
grouper species, stating there are many snowy grouper in southern 
Florida and the bag limit should be one snowy grouper per person per 
day rather than one per vessel per day.
    Response: Snowy grouper has a low natural mortality rate (M = 
0.12). Thus, similar to the species affected by the action in 
Regulatory Amendment 21, the MSST for snowy grouper was changed in 2009 
to 75 percent of SSBMSY (spawning stock biomass of the stock 
at the maximum sustainable yield) through Amendment 15B to the Snapper-
Grouper FMP. A new Southeast Data Assessment and Review (SEDAR) stock 
assessment was completed for snowy grouper in 2014 (SEDAR 32), which 
indicates that the stock is still overfished according to the MSST 
definition established in 2009, and that the stock is rebuilding and is 
no longer undergoing overfishing. The Council is developing an 
amendment which could change the recreational bag limit for snowy 
grouper.
    Similar to snowy grouper, the species included in Regulatory 
Amendment 21 were selected because they have a natural mortality rate 
at or below 0.25, with an MSST defined as a function of the natural 
mortality rate (M) where MSST = SSBMSY*(1-M or 0.5, 
whichever is greater). When the natural mortality rate is small (less 
than 0.25) there is little difference between the biomass threshold for 
determining when a stock is overfished (MSST) and when the stock is 
rebuilt (SSBMSY). Thus, for species which have a low rate of 
natural mortality, even small fluctuations in biomass due to natural 
conditions rather than fishing mortality may unnecessarily cause a 
stock to be classified as overfished.
    To prevent red snapper, blueline tilefish, gag, black grouper, 
yellowtail snapper, vermilion snapper, red porgy, and greater amberjack 
from unnecessarily being considered overfished, NMFS is modifying the 
definition of MSST for those species as 75 percent of 
SSBMSY, which would help prevent overfished designations 
when small drops in biomass are due to natural variation in recruitment 
or other environmental variables such as extreme water temperatures, 
and would ensure that rebuilding plans are applied to stocks when truly 
appropriate.
    Comment 3: One commenter disagrees with the current overfished 
determination for red snapper, and recommends that NMFS take into 
account anecdotal information when assessing whether or not red snapper 
is overfished. Additionally, the commenter suggests different times to 
harvest red snapper, but those comments are beyond the scope of this 
amendment.
    Response: The overfished determination for red snapper is based on 
a stock assessment (SEDAR 24) completed in October 2010 using the 
previous overfished definition of MSST = SSBMSY*(1-M or 0.5, 
whichever is greater). Modifying the overfished definition will make a 
species less likely to be categorized as overfished when reductions in 
biomass are actually due to natural variations in recruitment or 
environmental variables rather than fishing-related mortality. However, 
modifying the overfished definition for red snapper does not change the 
current overfished determination made during the last completed stock 
assessment (SEDAR 24) in October 2010 because the assessment indicates 
that biomass is below 75 percent of SSBMSY.
    Anecdotal information is not used in Southeast Data Assessment and 
Review (SEDAR) stock assessments. SEDAR is a quantitative assessment 
process that uses data from fishery-dependent and fishery-independent 
sources to determine the health of a stock. SEDAR is organized around 
three workshops. First is the Data Workshop, during which fisheries 
monitoring and life history data are reviewed and compiled. Second is 
the Assessment Workshop, which may be conducted via a workshop and 
several webinars, during which assessment models are developed and 
population parameters are estimated using the information provided from 
the Data Workshop. Third and final is the Review Workshop, during which 
independent experts review the input data, assessment methods, and 
assessment products. The completed assessment, including the reports of 
all three workshops and all supporting documentation, is then forwarded 
to the Council's Scientific and Statistical Committee (SSC). The SSC 
considers whether the assessment represents the best scientific 
information available and develops fishing level recommendations for 
Council consideration. SEDAR workshops are public meetings organized by 
SEDAR. Workshop participants appointed by the lead Council are drawn 
from state and Federal agencies, non-government organizations, Council 
members, Council advisors, and the fishing industry with a goal of 
including a broad range of disciplines and perspectives.
    A new stock assessment for red snapper is currently under way 
(SEDAR 41) and is expected to be completed in spring 2015. The new 
overfished definition of 75 percent of SSBMSY contained in 
Regulatory Amendment 21 will be used to determine the overfished status 
of the stock in the new assessment.
    Comment 4: One commenter states that Regulatory Amendment 21 does 
not define the overfished criteria. Additionally, the commenter 
suggests other management actions that are beyond the scope of this 
amendment.
    Response: Regulatory Amendment 21 defines criteria used for 
determining if a stock is overfished, and lists the MSST values 
established by the new overfished definition for each of the affected 
species. Currently the stocks addressed by Regulatory Amendment 21 
would be overfished if MSST = SSBMSY*(1-M or 0.5, whichever 
is greater). Regulatory Amendment 21 modifies the overfished definition 
to be 75 percent of SSBMSY.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that these final changes to management measures are necessary for the 
conservation and management of the South Atlantic snapper-grouper 
species contained in Regulatory Amendment 21 and are consistent with 
the FMP, the Magnuson-Stevens Act and other applicable law.
    The final changes to the management measures have 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 SBA 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 certification 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. No changes to the final rule were made in 
response to public comments. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

    Authority:  16 U.S.C. 1801 et seq.


[[Page 60381]]


    Dated: October 2, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-23912 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-22-P