[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Proposed Rules]
[Pages 4240-4242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01339]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 150105013-5013-01]
RIN 0648-BE62
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in a
framework action to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of
Mexico Fishery Management Council (Council). If implemented, this rule
would revise the daily bag limit for red grouper in the Gulf of Mexico
(Gulf) and remove the recreational post-season bag-limit reduction
accountability measure (AM) for Gulf red grouper. Additionally, this
rule would correct an error in the Gulf individual fishing quota (IFQ)
multi-use provisions for the Grouper/Tilefish IFQ program. The purpose
of this rule is to modify the Gulf red grouper recreational management
measures to improve recreational fishing opportunities by achieving
optimal yield for the red grouper resource.
DATES: Written comments must be received on or before February 26,
2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2014-0153'' 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-2014-0153, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Richard Malinowski,
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 the framework action, which includes an
environmental assessment, 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/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.
FOR FURTHER INFORMATION CONTACT: Richard Malinowski, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery 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
In April 2014, NMFS announced that the Gulf red grouper
recreational annual catch limit (ACL) was exceeded in 2013. In
accordance with recreational AMs adopted in Amendment 32 to the FMP (77
FR 6988, February 10, 2012), this triggered a reduction in the bag
limit in 2014 from four fish to three fish, and a recreational closure
was implemented on October 4, 2014, to ensure that landings did not
exceed the recreational annual catch target (ACT). In response to the
in-season recreational closure, the Council, at its June 2014 meeting,
directed staff to begin development of a framework action to
potentially reduce the recreational bag limit, and adjust the
recreational AMs in an effort to extend the red grouper recreational
fishing season.
Prior to implementation of Amendment 32 to the FMP, the red grouper
recreational allocation had not been met in recent years. The red
grouper recreational allocation of the total allowable catch (TAC) was
initially set at 1.25 million lb (0.567 million kg), gutted weight, in
2004, was increased to 1.82 million lb (0.826 million kg), gutted
weight, in 2009, and was then reduced to 1.36 million lb (0.617 million
kg), gutted weight, in 2011. In 2012, Amendment 32 to the FMP replaced
the red grouper TAC with an ACL and ACT, and management measures
intended to allow harvest to achieve the ACT. The red grouper
recreational ACL and ACT were set for 2012 and beyond at 1.9 million lb
(0.862 million kg), gutted weight, and 1.73 million lb (0.785 million
kg), gutted weight, respectively. Also in 2012, the red grouper bag
limit was increased from two fish to four fish per person, under the
four-fish aggregate grouper bag limit, to allow the recreational sector
to fully harvest its allocation and achieve optimum yield. The post-
season AM that was implemented in 2012, was a reduction in the bag
limit by one fish, if at the end of any season, NMFS determined that
the recreational sector has exceeded its red grouper ACL. Therefore,
the bag limit would be reduced to three fish in the following season,
and could be reduced to two fish the season after that, if the ACL was
again exceeded. The bag limit would not be reduced below two fish.
Management Measures Contained in This Proposed Rule
This rule would reduce the Gulf red grouper recreational bag limit
from four fish to two fish within the four-fish aggregate grouper bag
limit, and remove the post-season AM that reduces the daily bag limit
the next fishing season when the previous fishing year's ACL is
exceeded. The other post-season AMs currently codified in the
regulations would remain in effect without change. The first post-
season AM currently codified in the regulations applies regardless of
whether red grouper are overfished and requires that NMFS will publish
a notification to reduce the length of the recreational red grouper
fishing season the following fishing year by the amount necessary to
ensure red grouper recreational landings do not exceed the recreational
ACT. The second post-season AM currently codified in the regulations
applies if red grouper are overfished, and requires NMFS to reduce the
recreational ACL and recreational ACT the following fishing year by the
prior fishing year's recreational ACL overage.
[[Page 4241]]
Additional Proposed Changes to Codified Text
Amendment 32 to the FMP established a formula-based method for
setting gag and red grouper multi-use allocations for the Gulf Grouper/
Tilefish IFQ program to allow for flexibility in harvesting practices
and address potential bycatch associated with co-occurring species (77
FR 6988, February 2, 2012). At the beginning of each fishing year, a
percentage of the gag and red grouper allocation is designated as
multi-use allocation valid for harvesting either gag or red grouper.
However, gag multi-use allocation is not available if red grouper is
under a rebuilding plan and red grouper multi-use allocation is not
available if gag is under a rebuilding plan. For example, gag multi-use
allocation would be set to zero percent if red grouper is under a
rebuilding plan.
The final rule for Amendment 32 erroneously stated that if red
grouper is under a rebuilding plan, then red grouper multi-use
allocation should be set to zero. NMFS corrects this mistake and
changes ``red grouper multi-use allocation'' to ``gag multi-use
allocation'' in this instance.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, the Magnuson-Stevens Act
and other applicable law, subject to further consideration after public
comment.
This proposed 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 (SBA) that this proposed rule, if implemented, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The objective of this proposed rule is to change the red grouper
recreational management measures in the Gulf to improve recreational
fishing opportunities by extending the number of days in the fishing
season. The Magnuson-Stevens Act provides the statutory basis for this
proposed rule.
This proposed rule, if implemented, would not be expected to
directly affect any small entities. This proposed rule would change the
red grouper recreational bag limit in the Gulf. Only recreational
anglers, who may fish from private, rental, charter vessels, or
headboats, are allowed a bag or possession limit of red grouper in the
Gulf. Captains or crew members on charter vessels or headboats, cannot
harvest or possess red grouper under the recreational bag limit.
Because only recreational anglers are allowed a bag or possession
limit, only recreational anglers would be directly affected by the
proposed changes to the red grouper recreational bag limit.
Recreational anglers, however, are not small entities under the
Regulatory Flexibility Act (RFA) and the economic effects of this
proposed rule on these anglers are outside the scope of the RFA.
Charter vessels and headboats (for-hire vessels) sell fishing
services to recreational anglers. These vessels provide a platform for
the opportunity to fish and not a guarantee to catch or harvest any
species, though expectations of successful fishing, however defined,
likely factor into the decision to purchase these services. Bag limit
restrictions only define what can be kept and do not explicitly prevent
the continued offer of for-hire fishing services. In response to a
reduced bag limit, including a zero-fish limit, catch and release
fishing for a target species could continue, as could fishing for other
species. Because the proposed change in the red grouper bag limit would
not directly alter the service sold by these vessels, this proposed
rule would not directly apply to or regulate their operations. For-hire
vessels would continue to be able to offer their core service, which is
an attempt to ``put anglers on fish,'' provide the opportunity for
anglers to catch whatever their skills enable them to catch, and keep
those fish that they desire to keep and are legal to keep. Any change
in demand for these fishing services, and associated economic affects,
as a result of changing the bag limit would be a consequence of
behavioral change by anglers, secondary to any direct effect on anglers
and, therefore, an indirect effect of the proposed rule. Because the
effects on for-hire vessels would be indirect, they fall outside the
scope of the RFA.
In addition, no small entities would be expected to be directly
affected by the proposed corrections of the multi-use allocation
regulatory text because the conditions that may have allowed
inappropriate use of the allocation due to the error in the
implementation of Amendment 32 to the FMP have not occurred since the
implementation.
This proposed rule would not require any new reporting, record-
keeping, or other compliance requirements associated with reporting or
record-keeping that may require professional skills.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Recreational, Red grouper.
Dated: January 20, 2015.
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
proposed to be 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. 622.22, the last sentence in paragraph (a)(5)(ii)(B) is
revised to read as follows:
Sec. 622.22 Individual fishing quota (IFQ) program for Gulf groupers
and tilefishes.
(a) * * *
(5) * * *
(ii) * * *
(B) * * * However, if red grouper is under a rebuilding plan, the
percentage of gag multi-use allocation is equal to zero.
* * * * *
0
3. In Sec. 622.38, the first sentence in 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 or 2 red grouper per person per day. * * *
* * * * *
[[Page 4242]]
0
4. In Sec. 622.41, the second sentence in paragraph (e)(2)(ii) is
revised and the third sentence in paragraph (e)(2)(ii) is removed to
read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(e) * * *
(2) * * *
(ii) * * * In addition, the notification will reduce the length of
the recreational red grouper fishing season the following fishing year
by the amount necessary to ensure red grouper recreational landings do
not exceed the recreational ACT in the following fishing year. * * *
* * * * *
[FR Doc. 2015-01339 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-22-P