[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