[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Proposed Rules]
[Pages 75780-75783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29726]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622
RIN 0648-BE20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 32 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. Amendment 32 proposes actions to
remove blueline tilefish from the deep-water complex; revise
definitions of management thresholds for blueline tilefish; establish
blueline tilefish commercial and recreational sector annual catch
limits (ACLs), accountability measures (AMs), and recreational annual
catch targets (ACTs); establish a blueline tilefish commercial trip
limit; revise the blueline tilefish recreational bag limit; and revise
the deep-water complex ACLs, AMs, and recreational ACT. The purpose of
Amendment 32 is to specify ACLs and AMs for blueline tilefish to end
overfishing of the stock and maintain catch levels consistent with
achieving optimum yield (OY) for the blueline tilefish and deep-water
complex resource.
DATES: Written comments must be received on or before February 17,
2015.
ADDRESSES: You may submit comments on Amendment 32, identified by
``NOAA-NMFS-2014-0145'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0145, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick DeVictor, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendment 32, which includes an environmental
assessment, an initial regulatory flexibility analysis (IRFA), and a
regulatory impact review, may be obtained from the Southeast Regional
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/am32/index.html.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 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 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).
Background
A benchmark assessment for the blueline tilefish stock in the South
Atlantic was conducted through the Southeast, Data, Assessment, and
Review (SEDAR) process in 2013 (SEDAR 32). At its October 2013 meeting,
the Council's Scientific and Statistical Committee (SSC) and the
Council determined the 2013 stock assessment was based on the best
scientific information available and considered the assessment to be
appropriate for management decisions. The assessment determined that
the blueline tilefish stock is undergoing overfishing in the South
Atlantic. As required by the Magnuson-Stevens Act, the Council must
therefore implement measures to end overfishing within 2 years of
notification of an overfishing status. NMFS notified the Council of the
blueline tilefish stock status on December 6, 2013.
The Magnuson-Stevens Act requires that ACLs and AMs be implemented
to prevent overfishing and achieve the OY from a fishery. An ACL is the
level of annual catch of a stock that if exceeded, triggers AMs. AMs
are management controls to prevent ACLs from being exceeded and to
correct any overages of ACLs if they occur. Two examples of AMs include
an in-season closure if landings reach or are projected to reach the
ACL, and a post-season overage adjustment which would reduce the ACL if
an overage occurred during the previous fishing year.
NMFS published an emergency rule on April 17, 2014 (79 FR 21636)
that implemented temporary measures to reduce overfishing of blueline
tilefish while Amendment 32 was being developed. Those measures were
extended through a temporary rule on October 14, 2014 (79 FR 61262,
October 10, 2014) and are effective through April 18, 2015, while
Amendment 32 and its associated rulemaking are under review. The
temporary measures of the emergency action include the following:
Removal of blueline tilefish from the deep-water complex, specification
of sector ACLs and AMs for blueline tilefish, and revision to the deep-
water complex ACL to reflect the removal of blueline tilefish from the
complex.
Amendment 32 proposes to remove blueline tilefish from the deep-
water complex; revise definitions of management thresholds for blueline
tilefish; establish blueline tilefish commercial and recreational
sector ACLs, AMs, and recreational ACTs; establish a blueline tilefish
commercial trip limit; revise the blueline tilefish recreational bag
limit; and revise the
[[Page 75781]]
deep-water complex ACLs, AMs, and recreational ACT.
Removal of Blueline Tilefish From the Deep-Water Complex
Amendment 32 would remove blueline tilefish from the deep-water
complex. In 2012, the Comprehensive ACL Amendment established a deep-
water complex that contained the following eight species: Blueline
tilefish, yellowedge grouper, silk snapper, misty grouper, queen
snapper, sand tilefish, black snapper, and blackfin snapper (77 FR
15916, March 16, 2012). The Comprehensive ACL Amendment also specified
ACLs and AMs for the complex where the complex's ACLs were based upon
an acceptable biological catch (ABC) recommendation provided by the
Council's SSC. In the absence of stock assessments, the ABCs for these
and other unassessed species in the Comprehensive ACL Amendment were
based on median or average catch. The Council placed most unassessed
snapper-grouper species into complexes because many unassessed snapper-
grouper species are data-limited stocks that are known to have issues
with species identification and/or extreme fluctuations in relative
landings through time due to rarity, or lack of targeted fishing
effort.
As a result of blueline tilefish being assessed through SEDAR 32
and the Council's SSC providing an assessment-based ABC recommendation
for blueline tilefish, the Council decided to remove blueline tilefish
from the deep-water complex and establish individual ACLs and AMs for
the blueline tilefish stock. The Council has determined that sufficient
information to establish ACLs and AMs is now available for blueline
tilefish and the rationale for grouping the species with other data-
limited species in the deep-water complex no longer applies.
Modify the Definitions for Blueline Tilefish Management Thresholds
Definitions of maximum sustainable yield (MSY) and OY were
established for blueline tilefish in Amendment 11 to the FMP (64 FR
59126, November 2, 1999). Amendment 32 would revise these definitions
based upon the most recent scientific information contained in SEDAR
32. Amendment 32 would revise the MSY value for blueline tilefish and
set the OY equal to ACL as described later in this notice.
Blueline Tilefish Commercial and Recreational ACLs, AMs, and
Recreational ACTs
Amendment 32 would implement individual blueline tilefish
commercial and recreational ACLs and AMs (based on the revised ABC for
blueline tilefish specified in Amendment 32) to end overfishing of the
stock. In Amendment 32, the Council defines the blueline tilefish stock
ACL equal to 98 percent of the ABC. Due to improved data reporting, the
Council has consistently chosen to set ACL equal to ABC for snapper-
grouper species. However, for blueline tilefish in Amendment 32, the
Council decided to set the stock ACL at 98 percent of the proposed ABC
to account for landings that occur north of the Council's area of
jurisdiction. Approximately 2 percent of the total blueline tilefish
harvested were landed north of the North Carolina/Virginia border.
Therefore, this amendment would establish blueline tilefish stock ACLs
(combined commercial and recreational ACLs, equivalent to a total ACL),
of 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for 2016,
71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 2018, and
subsequent fishing years. All ACL weights are expressed in round
weight. Additionally, Amendment 32 would establish sector specific ACLs
for the blueline tilefish commercial and recreational sectors based
upon the Council's previously established blueline tilefish allocations
of 50.07 percent and 49.93 percent for the commercial and recreational
sectors, respectively. The commercial ACLs would be 17,841 lb (8,093
kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb (16,232 kg) for
2017, and 44,048 lb (19,980 kg) for 2018, and subsequent fishing years.
The recreational ACLs would be 17,791 lb (8,070 kg) for 2015, 26,691 lb
(12,107 kg) for 2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb
(19,924 kg) for 2018, and subsequent fishing years.
Amendment 32 would implement commercial and recreational sector in-
season AMs for blueline tilefish. If commercial or recreational
landings for blueline tilefish reach or are projected to reach the
applicable ACL, then the commercial or recreational sector, as
applicable, would be closed for the remainder of the fishing year. The
recreational sector would not have an in-season closure if the Regional
Administrator (RA) determines, using the best scientific information
available, that a closure would be unnecessary.
Additionally, if the total ACLs are exceeded in a fishing year,
then during the following fishing year, the commercial and recreational
sectors will not have an increase in their respective sector ACLs.
Amendment 32 would also implement post-season ACL overage
adjustments (paybacks) for blueline tilefish. For the commercial
sector, if commercial landings exceed the commercial ACL, and the
combined commercial and recreational ACL (stock ACL) is exceeded, and
blueline tilefish are overfished, then during the following fishing
year the commercial ACL would be reduced for that following year by the
amount of the commercial ACL overage in the prior fishing year. For the
recreational sector, if recreational landings for blueline tilefish
exceed the applicable recreational ACL, and the combined commercial and
recreational ACL (stock ACL) is exceeded, and blueline tilefish are
overfished, then the recreational fishing season in the following
fishing year would be reduced to ensure recreational landings do not
exceed the recreational ACL the following fishing year. Additionally,
the recreational ACL would be reduced by the amount of the recreational
ACL overage from the prior fishing year. However, the recreational
fishing season and recreational ACL would not be reduced if the RA
determines, using the best scientific information available that no
reduction is necessary.
Amendment 32 would also establish recreational ACTs for blueline
tilefish. The ACT is the amount of annual catch of a stock or stock
complex that is the management target of the fishery and accounts for
management uncertainty in controlling the actual catch below the ACL so
that the ACL is not exceeded. The Council is using the ACT as a
management reference point to track performance of the management
measures imposed on the recreational sector, and no AMs are triggered
if recreational landings reach the recreational ACT. The recreational
ACT is set less than the recreational ACL so that if, in the future,
the Council chose to limit recreational harvest to the recreational
ACT, it could serve as an in-season AM for the recreational sector. The
recreational ACT could then help to reduce or possibly eliminate the
need to close or implement post-season recreational AMs that are meant
to correct for ACL overages.
Additional Blueline Tilefish Management Measures
Amendment 32 would implement a commercial trip limit and revise the
recreational bag limit for blueline tilefish. This amendment would
[[Page 75782]]
establish a commercial trip limit of 100 lb (45 kg), gutted weight; 112
lb (51 kg), round weight. The trip limit is expected to slow the rate
of harvest, potentially lengthening the commercial season during a
fishing year, and reduce the risk of the commercial ACL from being
exceeded.
For the recreational bag limit, blueline tilefish are currently
part of the aggregate grouper and tilefish bag limit of 3 fish per
person per day. Amendment 32 would revise the blueline tilefish bag
limit within the aggregate to set a specific blueline tilefish bag
limit of one per vessel per day for the months of May through August.
There would be no retention of blueline tilefish by the recreational
sector from January through April and from September through December
each year. A bag limit of one blueline tilefish per vessel per day and
an 8-month annual closure was determined to best meet the needs of
ending overfishing, reducing recreational harvest, and potentially
reducing blueline tilefish discards if blueline tilefish are targeted
less during the open season because of the lower bag limit. The Council
determined that the shortened summer seasonal opening could provide
increased stability for planning purposes to recreational fishermen as
it could minimize the risk of an in-season closure and the recreational
ACL being exceeded, which may require post-season AMs in the following
fishing year. In addition, the Council determined that an opening
during the summer months could increase safety at sea by allowing
fishing to occur in the generally calmer summer weather compared to a
January 1 season opening during the winter. The vessel limit and
fishing season dates for the blueline tilefish recreational sector
would match what is being proposed by the Council for snowy grouper
through Regulatory Amendment 20 to the FMP. The Council determined that
similar recreational management measures and fishing seasons would be
beneficial to the fish stocks as both species are caught at the same
depths and have similar high release mortality rates.
Deep-Water Complex Commercial and Recreational ACLs, AMs, and
Recreational ACT
Amendment 32 would revise the ACLs and AMs for the deep-water
complex (composed of yellowedge grouper, silk snapper, misty grouper,
queen snapper, sand tilefish, black snapper, and blackfin snapper). The
ACLs are being revised for two reasons. First, as Amendment 32 proposes
to remove blueline tilefish from the deep-water complex, this amendment
would remove the current blueline tilefish portion from the complex
total ACL. The permanent blueline tilefish portion of the complex ACL
is 631,341 lb (286,371 kg), round weight, and the total deep-water
complex ACL is 711,025 lb (322,516 kg), round weight. The emergency
rule set both a new, separate blueline tilefish ACL of 224,100 lb
(101,650 kg), round weight and a revised deep-water complex ACL without
blueline tilefish of 79,684 lb (36,144 kg), round weight. Second,
through Amendment 29 to the FMP, which is currently in rulemaking, the
Council is proposing a revision to the ABC control rule for data-poor
species based on recommendations from the SSC. If Amendment 29 is
approved and implemented, the portion of the deep-water complex ABC for
silk snapper and yellowedge grouper would change. The Council submitted
Amendment 29 to the Secretary of Commerce on October 14, 2014, the
notice of availability for the amendment was published in the Federal
Register on November 24, 2014 (79 FR 69819), and the proposed rule
published in the Federal Register on December 8, 2014 (79 FR 72567).
Therefore, Amendment 32 would change the deep-water complex total
ACL (both sectors without blueline tilefish but with the increased
catch levels for silk snapper and yellowedge grouper resulting from
Amendment 29), to 170,278 lb (77,237 kg), round weight. Additionally,
this amendment would establish sector specific ACLs for the deep-water
complex based on the allocations for species in the deep-water complex
that were established in the Comprehensive ACL Amendment (77 FR 15916,
March 16, 2012). The commercial ACL for the complex would be 131,634 lb
(59,708 kg), round weight and the recreational ACL for the complex
would be 38,644 lb (17,529 kg), round weight.
Amendment 32 would revise the AMs for the deep-water complex. The
amendment would retain the current commercial in-season AM, revise the
commercial post-season AM, and implement revised recreational AMs for
the deep-water complex. In Amendment 32, if commercial or recreational
landings for the deep-water complex reach or are projected to reach
their applicable ACL, then the commercial or recreational sector, as
applicable, would be closed for the remainder of the fishing year. The
recreational sector would not have an in-season closure if the RA
determined, using the best scientific information available, that a
closure was unnecessary. The Council decided that the in-season AM for
both sectors is necessary to reduce the risk that landings exceed the
ACL.
Amendment 32 would also modify the post-season ACL overage
adjustments for the deep-water complex. Currently, if deep-water
complex commercial landings exceed the ACL and at least one species in
the complex is overfished, the commercial ACL is reduced in the
following year by the overage amount. The amendment would modify the
commercial post-season AMs as follows: If commercial landings exceed
the commercial ACL, and the combined commercial and recreational ACL
(total ACL) is exceeded, and at least one species in the deep-water
complex is overfished, then during the following fishing year the
complex commercial ACL would be reduced for that following year by the
amount of the complex's commercial ACL overage in the prior fishing
year.
Currently, if recreational landings for the deep-water complex
exceed the recreational ACL, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the length of the following recreational
fishing season will be reduced by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. Amendment 32 would modify the recreational
post-season AMs as follows: For the recreational sector, if
recreational landings for the deep-water complex exceed the applicable
recreational ACL, and the combined commercial and recreational ACL is
exceeded, and at least one species in the complex is overfished, then
the length of the recreational fishing season in the following fishing
year would be reduced to ensure that recreational landings do not
exceed the recreational ACL the following fishing year. Additionally,
the recreational ACL would be reduced by the amount of the recreational
ACL overage from the prior fishing year. However, the recreational
fishing season and recreational ACL would not be reduced if the RA
determined, using the best scientific information available that no
reduction is necessary.
Amendment 32 also revises the deep-water complex recreational ACTs
to reflect the removal of blueline tilefish from the complex and the
change in the deep-water complex ABC as described above. These ACTs are
management reference points to track performance of the management
measures but do not trigger AMs.
A proposed rule that would implement measures outlined in Amendment
32 has been drafted. In
[[Page 75783]]
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council submitted Amendment 32 for Secretarial review,
approval, and implementation on November 14, 2014. Comments received by
February 17, 2015, whether specifically directed to the amendment or
the proposed rule, will be considered by NMFS in its decision to
approve, disapprove, or partially approve the amendment. Comments
received after that date will not be considered by NMFS in this
decision. All comments received by NMFS on the amendment or the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 180 et seq.
Dated: December 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-29726 Filed 12-18-14; 8:45 am]
BILLING CODE 3510-22-P