[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69774-69777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24334]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BG33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) has submitted Amendment 37 to the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region (FMP) for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 37 would modify the management unit
boundaries for hogfish in the South Atlantic by establishing two
hogfish stocks off (1) Georgia through North Carolina and (2) Florida
Keys/East Florida; establish a rebuilding plan for the Florida Keys/
East Florida hogfish stock; specify fishing levels and accountability
measures (AMs), and modify or establish management measures for the
Georgia through North Carolina and Florida Keys/East Florida stocks of
hogfish. The purpose of Amendment 37 is to manage hogfish using the
best scientific information available while ending overfishing and
rebuilding the Florida Keys/East Florida hogfish stock.
DATES: Written comments must be received by December 6, 2016.
ADDRESSES: You may submit comments on Amendment 37 identified by
``NOAA-NMFS-2016-0068'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0068, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Nikhil Mehta, NMFS
Southeast Regional Office (SERO), 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
[[Page 69775]]
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).
Electronic copies of Amendment 37 may be obtained from
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 37 includes a final environmental impact
statement, initial regulatory flexibility analysis, regulatory impact
review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS SERO, telephone:
727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or
amendment to NMFS for review and approval, partial approval, or
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, publish an announcement in the Federal
Register notifying the public that the FMP or amendment is available
for review and comment.
The FMP being revised by Amendment 37 was prepared by the South
Atlantic Council, and Amendment 37, if approved, would be implemented
by NMFS through regulations at 50 CFR part 622 under the authority of
the Magnuson-Stevens Act.
Background
Currently, hogfish is managed under the FMP as a single stock in
the South Atlantic from the jurisdictional boundary between the South
Atlantic Council and Gulf of Mexico Fishery Management Council (Gulf
Council) (approximately the Florida Keys) to a line extending seaward
from the North Carolina and Virginia state border. The current status
determination criteria such as maximum sustainable yield (MSY) and
minimum stock size threshold (MSST), annual catch limits (ACLs),
recreational annual catch targets (ACTs), AMs, and management measures
in the FMP are established for a single stock of hogfish for the South
Atlantic region. The most recent stock assessment for hogfish was
completed in 2014 through the Southeast Data, Assessment, and Review
assessment process (SEDAR 37). SEDAR 37 identified two separate stocks
of hogfish in the South Atlantic region under the jurisdiction of the
South Atlantic Council, and one stock of hogfish in the Gulf of Mexico
(Gulf) under the jurisdiction of the Gulf Council. In the South
Atlantic region, one stock of hogfish was identified to exist off North
Carolina, South Carolina, and Georgia; and a separate stock of hogfish
was identified to exist off the Florida Keys and East Florida. The
South Atlantic Council's Scientific and Statistical Committee (SSC) did
not consider the SEDAR 37 results for the Georgia through North
Carolina stock as sufficient to determine stock status and inform South
Atlantic Council management decisions, and the South Atlantic Council
concurred. NMFS agreed and determined that the overfishing and
overfished status determination of the Georgia through North Carolina
stock is unknown. Based on SEDAR 37 and the South Atlantic Council's
SSC recommendation for the Florida Keys/East Florida stock, NMFS
determined that the Florida Keys/East Florida stock is currently
undergoing overfishing and is overfished. Based on SEDAR 37, NMFS also
determined that the West Florida hogfish stock in the Gulf identified
by SEDAR 37, which occurs off the west coast of Florida to Texas, is
neither overfished, nor undergoing overfishing. NMFS notified the South
Atlantic Council of its determinations via letter on February 17, 2015.
Actions Contained in the Amendment 37
Amendment 37 includes actions to revise the hogfish fishery
management unit in the FMP by establishing two hogfish stocks, one in
Federal waters off Georgia through North Carolina and one in Federal
waters off the Florida Keys/East Florida; establish a rebuilding plan
for the Florida Keys/East Florida hogfish stock; specify fishing levels
and accountability measures (AMs), and modify or establish management
measures for the Georgia through North Carolina and Florida Keys/East
Florida stocks of hogfish. All weights of hogfish are described in
round weight.
Fishery Management Unit for Hogfish
Currently, hogfish is managed as a single stock in Federal waters
in the South Atlantic region from the jurisdictional boundary between
the South Atlantic and Gulf Councils to the North Carolina/Virginia
border. Amendment 37 would establish new stock boundaries and create
two stocks of hogfish under the jurisdiction of the South Atlantic
Council. The first stock would be the Georgia through North Carolina
stock, with a southern boundary extending from the Florida/Georgia
state border, and a northern border extending from the North Carolina/
Virginia state border. The second stock would be the Florida Keys/East
Florida hogfish stock, with a southern boundary extending from
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. The
management area would extend south and east around the Florida Keys and
have a northern border extending from the Florida/Georgia state border.
The Gulf Council has approved Amendment 43 to the FMP for the Reef
Fish Resources of the Gulf, and has selected the same boundary near
Cape Sable on the west coast of Florida to separate the Florida Keys/
East Florida hogfish stock from the hogfish stock in the Gulf (West
Florida hogfish stock). In accordance with Section 304(f) of the
Magnuson-Stevens Act, the Gulf Council requested that the Secretary
designate the South Atlantic Council as the responsible Council for
management of this hogfish stock in Gulf Federal waters south of
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. If the
Gulf Council's request is approved, the Gulf Council would continue to
manage the West Florida hogfish stock in Federal waters in the Gulf,
except in Federal waters south of this boundary. Therefore, the South
Atlantic Council, and not the Gulf Council, would establish the
management measures for the entire range of the Florida Keys/East
Florida hogfish stock, including in Federal waters south of 25[deg]09'
N. lat. near Cape Sable in the Gulf. Commercial and recreational for-
hire vessels fishing for hogfish in Gulf Federal waters, i.e., north
and west of the jurisdictional boundary between the Gulf and South
Atlantic Councils, would still be required to have the appropriate
Federal Gulf reef fish permits, and vessels fishing for hogfish in
South Atlantic Federal waters, i.e., south and east of the
jurisdictional boundary, would still be required to have the
appropriate Federal South Atlantic snapper-grouper permits. Those
permit holders would still be required to follow the sale and reporting
requirements associated with the respective permits.
As described in Amendment 37, the proposed stock boundary near Cape
Sable, Florida, would be a good demarcation point because it coincides
with an existing State of Florida management boundary for Florida's
[[Page 69776]]
Pompano Endorsement Zone and, therefore, would aid in simplifying
regulations across management jurisdictions. NMFS specifically seeks
public comment regarding the revised stock boundaries and the manner in
which the Councils would have jurisdiction over these stocks if both
Amendment 37 for the South Atlantic and Amendment 43 for the Gulf are
approved and implemented.
MSY and MSST for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks
Currently, MSY for the single hogfish stock in the South Atlantic
is the yield produced by the fishing mortality rate at MSY
(FMSY) or the FMSY proxy, and MSST is equal to
the spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5,
whichever is greater (where M equals natural mortality). However, MSY
and MSST values for the single hogfish stock are unknown because
hogfish were unassessed until recently. Amendment 37 would specify the
MSY for the Georgia through North Carolina and Florida Keys/East
Florida stocks of hogfish as equal to the yield produced by
FMSY or the FMSY proxy, with the MSY and
FMSY proxy recommended by the most recent stock assessment.
Based on SEDAR 37, the resulting MSY for the Florida Keys/East Florida
hogfish stock is 346,095 lb (156,986 kg), and is unknown for the
Georgia through North Carolina hogfish stock. Amendment 37 would
specify the MSST for these two stocks of hogfish at 75 percent of
SSBMSY, which results in an unknown MSST value for the
Georgia through North Carolina hogfish stock, and an MSST for the
Florida Keys/East Florida hogfish stock of 1,725,293 lb (782,580 kg).
The proposed MSST for hogfish is consistent with how the South Atlantic
Council has defined MSST for other snapper-grouper stocks with low
natural mortality estimates.
Rebuilding Plan for the Florida Keys/East Florida Hogfish Stock
Because the Florida Keys/East Florida hogfish stock is overfished,
Amendment 37 would establish a rebuilding plan that would set the
acceptable biological catch (ABC) equal to the yield at a constant
fishing mortality rate and rebuild the stock in 10 years with a 72.5
percent probability of success. Year 1 of the rebuilding plan would be
2017, and 2027 would be the last year. The South Atlantic Council's SSC
indicated that harvest levels proposed in the Amendment 37 rebuilding
plan are sustainable and would achieve the goal of rebuilding the
Florida Keys/East Florida hogfish stock. As explained below, the ABC
for the Florida Keys/East Florida hogfish stock would be 17,930 fish in
2017 and would increase annually through 2027 when the ABC would be
63,295 fish.
ACLs and OY for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks
Currently, the total ABC for the single hogfish stock (equal to ACL
and OY) is 134,824 lb (61,155 kg), with a commercial ACL sector
allocation (36.69 percent) of 49,469 lb (22,439 kg), and recreational
ACL sector allocation (63.31 percent) of 85,355 lb (38,716 kg). For the
Georgia through North Carolina hogfish stock, Amendment 37 would
specify an ABC of 35,716 lb (16,201 kg), a total ACL and OY (equal to
95 percent of the ABC) of 33,930 lb (15,390 kg), and commercial and
recreational ACLs based on re-calculated sector allocations of 69.13
percent to the commercial sector and 30.87 percent to the recreational
sector. It was necessary to re-calculate the sector allocations based
on the existing formula from the Comprehensive ACL Amendment, based on
the appropriate landings from the relevant geographic region of the new
stock. The commercial ACL would be 23,456 lb (10,639 kg) and the
recreational ACL would be 988 fish.
For the Florida Keys/East Florida stock of hogfish, Amendment 37
would specify an ABC of 17,930 fish which would increase annually
through 2027 when the ABC would be 63,295 fish. The total ACL and OY
would be equal to 95 percent of the ABC, and the commercial and
recreational ACLs would be based on re-calculated sector allocations of
9.63 percent to the commercial sector and 90.37 percent to the
recreational sector. In 2017, the total ACL (and OY) would be 17,034
fish, the commercial ACL would be 3,510 lb (1,592 kg), and the
recreational ACL would be 15,689 fish and would increase annually
through 2027 as the stock rebuilds. In 2027, the total ACL (and OY) for
the Florida Keys/East Florida hogfish stock would be 60,130 fish, the
commercial ACL would be 17,018 lb (7,719 kg), and recreational ACL
would be 53,610 fish.
Recreational ACTs for the Georgia Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The recreational ACT for the current hogfish stock is 59,390 lb
(26,939 kg). Amendment 37 would specify a recreational ACT (equal to 85
percent of the recreational ACL) of 840 fish for the Georgia through
North Carolina stock, and 13,335 fish for the Florida Keys/East Florida
stock in 2017. The recreational ACTs for the Florida Keys/East Florida
stock would increase annually from 2017 through 2027 as the stock
rebuilds. NMFS notes that the recreational ACT is currently used only
for monitoring.
AMs for the Commercial and Recreational Sectors for Both the Georgia
Through North Carolina and Florida Keys/East Florida Hogfish Stocks
The current South Atlantic commercial AMs for the single hogfish
stock consist of an in-season closure of the commercial sector if the
commercial ACL is met or projected to be met; and if the commercial ACL
is exceeded, a post-season AM that would reduce the commercial ACL by
the amount of the commercial ACL overage during the following fishing
year, only if the total ACL is also exceeded and hogfish are
overfished. Amendment 37 would retain the current South Atlantic in-
season and post-season AMs for the commercial sector, and apply them to
both the Georgia through North Carolina and Florida Keys/East Florida
hogfish stocks.
The current South Atlantic recreational AMs for the single hogfish
stock consist of an in-season closure of the recreational sector if the
recreational ACL is met or is projected to be met. If the recreational
ACL is exceeded, then during the following fishing year, NMFS will
monitor for a persistence in increased landings. The post-season AM
would reduce the length of the recreational season and the recreational
ACL by the amount of the recreational ACL overage, only if the total
ACL is also exceeded and hogfish are overfished. Amendment 37 would
retain these current South Atlantic recreational AMs for both the
Georgia through North Carolina and Florida Keys/East Florida hogfish
stocks.
Minimum Size Limits for the Georgia Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The current minimum size limit for the single hogfish stock in the
South Atlantic is 12 inches (30.5 cm), fork length (FL), for both the
commercial and recreational sectors. For both the commercial and
recreational sectors, Amendment 37 would increase the minimum size
limit to 17 inches (43.2 cm), FL, for the Georgia through North
Carolina hogfish stock, and 16 inches (40.6 cm), FL, for the Florida
Keys/East Florida hogfish stock. The South Atlantic Council determined
these minimum size limits could serve as a precautionary approach to
address population stability, considering life
[[Page 69777]]
history characteristics for hogfish off Georgia through North Carolina,
and reduce disruption to spawning, avoid recruitment overfishing, and
benefit the spawning populations off the Florida Keys and East Florida.
Commercial Trip Limit for the Georgia Through North Carolina and
Florida Keys/East Florida Hogfish Stocks
Currently, there is no commercial trip limit for hogfish in the
South Atlantic. Amendment 37 would establish a commercial trip limit of
500 lb (227 kg) for the Georgia through North Carolina stock, and 25 lb
(11 kg) for the Florida Keys/East Florida stock. As described in
Amendment 37, few fishermen catch more than 500 lb (227 kg) of hogfish
per trip off Georgia through North Carolina, and the proposed
commercial ACL is not expected to be met. However, because restrictions
on commercial harvest of hogfish from the Florida Keys/East Florida
stock could be large, there was some concern that fishermen may shift
effort to Georgia and the Carolinas. Therefore, the South Atlantic
Council proposed a 500-lb (227-kg) commercial trip limit for the
Georgia through North Carolina stock to enable commercial harvest in
that geographic sub-region to take place year-round. The South Atlantic
Council determined that implementing a trip limit of 25 lb (11 kg) for
the Florida Keys/East Florida stock would restrict harvest and help to
extend the commercial fishing season.
Recreational Bag Limits for the Georgia Through North Carolina and
Florida Keys/East Florida Hogfish Stocks
The current recreational bag limit for hogfish in the South
Atlantic is five fish per person per day in Federal waters off Florida,
with no recreational bag limits in Federal waters off Georgia, South
Carolina, and North Carolina. Amendment 37 would set a recreational bag
limit of one fish per person per day in Federal waters off the Florida
Keys and East Florida, and a recreational bag limit of two fish per
person per day in Federal waters off Georgia through North Carolina.
The South Atlantic Council determined that these bag limits would
reduce harvest and help to extend the recreational fishing season.
Recreational Fishing Season for the Florida Keys/East Florida Hogfish
Stock
Currently, hogfish is available for the recreational sector to
harvest year-round, as long as the recreational ACL has not been met.
Amendment 37 would establish a recreational fishing season from May
through October for the Florida Keys/East Florida hogfish stock. As
described in Amendment 37, hogfish spawning activity occurs
predominantly during the months of December through April, and begins
(and ends) slightly earlier in the Florida Keys than on the West
Florida shelf (e.g., from the Florida panhandle south along the west
coast of Florida to Naples, Florida). Analysis in Amendment 37 showed
that based on the proposed recreational ACLs, minimum size limits, and
recreational bag limits, a recreational fishing season that is open for
6 months would help constrain recreational landings below the
recreational ACL for the Florida Keys/East Florida hogfish stock. The
South Atlantic Council determined that specifying a May through October
fishing season would protect the overfished Florida Keys/East Florida
hogfish stock during the peak spawning season, and the proposed ACLs
and AMs would help ensure overfishing does not occur. The South
Atlantic Council decided not to establish a recreational fishing season
for the Georgia through North Carolina hogfish stock, because that
stock does not seem to be experiencing heavy fishing pressure, and the
average recreational landings in recent years have been well below the
proposed recreational ACL.
Proposed Rule for Amendment 37
A proposed rule that would implement Amendment 37 has been drafted.
In 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 laws. 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 South Atlantic Council has submitted Amendment 37 for
Secretarial review, approval, and implementation. Comments on Amendment
37 must be received by December 6, 2016. Comments received during the
respective comment periods, whether specifically directed to Amendment
37 or the proposed rule will be considered by NMFS in the decision to
approve, disapprove, or partially approve Amendment 37. Comments
received after the comment periods 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. 1801 et seq.
Dated: October 4, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-24334 Filed 10-6-16; 8:45 am]
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