[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Rules and Regulations]
[Pages 72556-72557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28630]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140828724-4992-02]
RIN 0648-BE23
Framework Action To Modify the Commercial Annual Catch Limit/
Annual Catch Target Regulations for Three Individual Fishing Quota
Species Complexes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement a framework action to
the Fishery Management Plan (FMP) for the Reef Fish Resources of the
Gulf of Mexico (Gulf) (Reef Fish FMP) as prepared by the Gulf of Mexico
Fishery Management Council (Council). The action modifies the
commercial annual catch limit (ACL) and annual catch target (ACT)
regulations for three individual fishing quota (IFQ) program species
complexes in the Gulf. This rule clarifies that the established
commercial quotas are equal to the commercial ACTs and adds commercial
ACLs to the regulations for three IFQ species complexes: Other shallow-
water grouper (Other SWG), deep-water grouper (DWG), and tilefishes.
The purpose of this rule is to optimize allowable harvest of IFQ
species in the Gulf, while preventing overfishing, in accordance with
National Standard 1 of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: This rule is effective January 7, 2015.
ADDRESSES: Electronic copies of the framework action, which includes a
regulatory impact review and a Regulatory Flexibility Act analysis, may
be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, telephone: 727-824-5305.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the fisheries
for Gulf Reef Fish Resources, which includes the complexes for Other
SWG, DWG, and tilefishes, under the Reef Fish FMP. Other SWG includes
black grouper, scamp, yellowmouth grouper, yellowfin grouper; DWG
includes warsaw grouper, snowy grouper, speckled hind, yellowedge
grouper; and tilefishes include golden tilefish, blueline tilefish, and
goldface tilefish. The Reef Fish FMP is implemented under the authority
of the Magnuson-Stevens Act by regulations at 50 CFR part 622. All
weights specified in this rule are in gutted weight.
On October 1, 2014, NMFS published a proposed rule for this
framework action and requested public comment (79 FR 59204). The
proposed rule and framework action outline the rationale for the
actions contained in this final rule. This final rule clarifies that
the commercial quotas for the Other SWG, DWG, and tilefishes complexes
are equal to the commercial ACTs specified in the Generic Annual Catch
Limit/Accountability Measures Amendment (Generic ACL Amendment) and
adds commercial ACLs to the regulations for these same three complexes.
This final rule also removes outdated quotas for these species
complexes.
Comments and Responses
NMFS received one comment letter on the proposed rule from a
commercial fishing organization. The comment and NMFS' response is
summarized below.
Comment: The commercial quotas should be set equivalent to the ACL,
not the ACT, because they are managed under a highly functioning and
certain IFQ program. The present commercial IFQ program for SWG, DWG,
and tilefish demonstrates that management uncertainty is effectively
zero and therefore setting the commercial quota for these species
complexes at their ACLs rather than their ACTs is justified.
Response: NMFS disagrees that the commercial quotas for IFQ species
complexes should be set equal to the ACLs and not the ACTs. At the June
Council meeting, the Council voted to use the ACL/ACT control rule
adopted in the Generic ACL Amendment and retain the 4 percent buffer
between the ACL and ACT for species in the IFQ program. Using the ACL/
ACT control rule results in a recommended 4 percent buffer because of
the uncertainty in managing stock complexes. While the aggregate quota
is unlikely to be exceeded in an IFQ program, there is less control
over the individual stocks within the aggregate. The Other SWG complex
and DWG complex each consist of four stocks, and the tilefish complex
consists of three stocks. If the proportion of each stock that makes up
the landings changes, it may be possible to overfish a single stock
within the complex even when the aggregate quota is not exceeded.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the conservation and management
of Gulf reef fish and is consistent with the framework action, 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.
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 certification was published in the
proposed rule and is not repeated here. NMFS received one comment on
the proposed rule concerning the decision to keep the commercial quota
at the commercial ACT level, which does not affect the current level of
landings. Therefore, the basis for the certification that this final
rule would not have any impact on small entities has not changed.
Accordingly, a regulatory flexibility analysis was not required and
none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Individual fishing quota.
Dated: November 25, 2014.
Samuel D. Rauch III,
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. 622.39, paragraphs (a)(1)(ii) and (a)(1)(iii)(A) are
revised to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(ii) Deep-water groupers (DWG) have a combined quota, as specified
in paragraphs (a)(1)(ii)(A) through (C) of
[[Page 72557]]
this section. These quotas are specified in gutted weight, that is
eviscerated, but otherwise whole.
(A) For fishing year 2014--1.110 million lb (0.503 million kg).
(B) For fishing year 2015--1.101 million lb (0.499 million kg).
(C) For fishing year 2016 and subsequent fishing years--1.024
million lb (0.464 million kg).
(iii) * * *
(A) Other SWG combined. (1) For fishing year 2014--523,000 lb
(237,229 kg).
(2) For fishing year 2015 and subsequent fishing years--525,000 lb
(238,136 kg).
* * * * *
0
3. In Sec. 622.41, paragraphs (c)(1), (f)(1), and (g)(1) are revised
to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(c) * * *
(1) Commercial sector. The IFQ program for groupers and tilefishes
in the Gulf of Mexico serves as the accountability measure for
commercial Other SWG. The commercial ACT for Other SWG is equal to the
applicable quota specified in Sec. 622.39(a)(1)(iii)(A). The
commercial ACL for Other SWG, in gutted weight, is 545,000 lb (247,208
kg) for 2014, and 547,000 lb (248,115 kg) for 2015 and subsequent
fishing years.
* * * * *
(f) * * *
(1) Commercial sector. The IFQ program for groupers and tilefishes
in the Gulf of Mexico serves as the accountability measure for
commercial DWG. The commercial ACT for DWG is equal to the applicable
quota specified in Sec. 622.39(a)(1)(ii). The commercial ACL for DWG,
in gutted weight, is 1.160 million lb (0.526 million kg) for 2014,
1.150 million lb (0.522 million kg) for 2015, and 1.070 million lb
(0.485 million kg) for 2016 and subsequent fishing years.
* * * * *
(g) * * *
(1) Commercial sector. The IFQ program for groupers and tilefishes
in the Gulf of Mexico serves as the accountability measure for
commercial tilefishes. The commercial ACT for tilefishes is equal to
the quota specified in Sec. 622.39(a)(1)(iv). The commercial ACL for
tilefishes, in gutted weight, is 606,000 lb (274,877 kg).
* * * * *
[FR Doc. 2014-28630 Filed 12-5-14; 8:45 am]
BILLING CODE 3510-22-P