[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14234-14236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06633]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 171222999-8208-01]
RIN 0648-BH46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated
Framework Amendment 1
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
Abbreviated Framework Amendment 1 (Abbreviated Framework 1) to the
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the
South Atlantic Region, as prepared and submitted by the South Atlantic
Fishery Management Council (Council). If implemented, this proposed
rule would reduce the commercial and recreational annual catch limits
(ACLs) for red grouper in the exclusive economic zone (EEZ) of the
South Atlantic. The purpose of the proposed rule is to address the
overfishing of red grouper.
DATES: Written comments must be received by May 3, 2018.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2017-0162'' by any of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0162, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Frank Helies, NMFS
Southeast Regional Office, 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), 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 required fields if you wish to remain anonymous).
Electronic copies of Abbreviated Framework 1, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/red_grouper_framework/index.html.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS SERO, telephone:
727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the FMP and includes red grouper,
along with other snapper-grouper species. The FMP was prepared by the
Council and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). All weights described in
this proposed rule are in round weight.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks to ensure
that fishery resources are managed for the greatest overall benefit to
the nation.
In 2010, NMFS determined that the South Atlantic red grouper stock
was undergoing overfishing and was overfished following a stock
assessment (Southeast Data, Assessment, and Review (SEDAR) 19). Through
Amendment 24 to the FMP, the Council and NMFS implemented a 10-year
rebuilding plan in 2011, with a projected end date of 2020, which was
[[Page 14235]]
expected to end overfishing and rebuild the stock (77 FR 34254; June
11, 2012).
In February 2017, a standard stock assessment for red grouper was
completed (SEDAR 53). Based on the results of SEDAR 53, NMFS notified
the Council on September 27, 2017, that the red grouper stock is
overfished, is undergoing overfishing, and is not making adequate
rebuilding progress according to its rebuilding plan. Based on
projections from SEDAR 53, the Council's Scientific and Statistical
Committee (SSC) provided an acceptable biological catch (ABC)
recommendation to the Council. The Council accepted that ABC
recommendation, and then revised the red grouper ACLs in Abbreviated
Framework 1.
In addition to this current rulemaking for Abbreviated Framework 1,
the Council and NMFS are developing a new red grouper rebuilding plan
through Amendment 42 to the FMP (Amendment 42). The Council is also
considering changes to red grouper management measures through
Regulatory Amendments 26 and 27 to the Snapper-Grouper FMP. NMFS and
the Council intend to implement Abbreviated Framework 1 to reduce the
sector ACLs below the overfishing limit to address overfishing while
Amendment 42, Regulatory Amendment 26, and Regulatory Amendment 27 are
developed and implemented.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the ACLs for South Atlantic red
grouper for both the commercial and recreational sectors. The current
total ACL (commercial and recreational ACL combined) is 780,000 lb
(353,802 kg). The total ACL is divided into a commercial sector ACL of
343,200 lb (155,673 kg) and a recreational sector ACL of 436,800 lb
(198,129 kg). The ACLs are based on the sector allocation ratio
developed by the Council for red grouper (44 percent commercial and 56
percent recreational) established in Amendment 24 (77 FR 34254; June
11, 2012).
Consistent with the results of SEDAR 53 and the ABC recommendation
from the SSC accepted by the Council, this proposed rule would reduce
the total, commercial, and recreational ACLs. The commercial ACL would
be set at 61,160 lb (27,742 kg), for 2018, 66,000 lb (29,937 kg), for
2019, and 71,280 lb (32,332 kg), for 2020 and subsequent fishing years.
The recreational ACL would be set at 77,840 lb (35,308 kg), for 2018,
84,000 lb (38,102 kg), for 2019, and 90,720 lb (41,150 kg), for 2020
and subsequent fishing years. The total ACL would be set at 139,000 lb
(63,049 kg) for 2018, 150,000 lb (68,039 kg) for 2019, and 162,000 lb
(73,482 kg) for 2020 and subsequent fishing years. The total ACLs are
equal to the SSC's ABC recommendation, and this proposed rule does not
change the sector allocations.
As a result of the proposed ACLs being set lower than the
overfishing limit (at the yield at 75 percent FMSY), the
Council expects overfishing of red grouper may end immediately upon
implementation of the rule. For the last several years, commercial
landings have averaged 50,204 lb (22,772 kg), which is less than the
commercial ACL proposed in Abbreviated Framework 1. The recreational
landings have been highly variable since 2012, and using the average
recreational landings from 2014-2016, the proposed lower ACL for the
recreational sector is predicted to result in a shortened recreational
fishing season, with closure dates ranging from July 26 to August 19.
If the red grouper stock experiences a year of high recruitment, the
proposed lower ACLs would constrain future recreational and commercial
harvest and prevent overfishing.
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 Abbreviated Framework 1, 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. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under E.O.
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 adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
A description of the proposed rule, why it is being considered, and
the objectives of, and legal basis for this proposed rule are contained
at the beginning of this section in the preamble and in the SUMMARY
section of the preamble. The Magnuson-Stevens Act provides the
statutory basis for this rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting, record-keeping, or other compliance requirements are
introduced by this proposed rule. Accordingly, this proposed rule does
not implicate the Paperwork Reduction Act.
This proposed rule would reduce the total, commercial, and
recreational ACLs for South Atlantic red grouper. Because the RFA does
not apply to recreational anglers, only the effects on commercial
vessels were analyzed; any impact to the profitability or
competitiveness of for-hire fishing businesses would be the result of
changes in for-hire angler demand and would, therefore, be indirect in
nature. The RFA does not consider indirect impacts.
This proposed rule would directly affect only federally permitted
commercial snapper-grouper fishermen fishing for red grouper in the
South Atlantic. As described in Abbreviated Framework 1, the revised
commercial ACLs would be 61,160 lb (27,742 kg) for 2018, 66,000 lb
(29,937 kg) for 2019, and 71,280 lb (32,332 kg) for 2020 and beyond.
Commercial landings of South Atlantic red grouper have been decreasing,
particular in the last five years (2012-2016), with projected 2017
landings of approximately 35,000 lb (15,875 kg). If this trend
continues or levels off, the likelihood of reaching the proposed
commercial ACL in 2018 and beyond would be very low. In the unlikely
event that commercial landings increase in 2018 and beyond as to reach
the proposed commercial ACLs, the effects of the commercial ACL
reduction would be relatively small because only approximately 2.7
percent of total commercial snapper-grouper vessel revenues have
historically been derived from red grouper.
The information provided above supports a determination that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Because this proposed rule, if
implemented, is not expected to have a significant economic impact on
any small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Overfishing, Recreational, Red
grouper, South Atlantic.
Dated: March 28, 2018.
Alan D. Risenhoover,
Acting 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:
[[Page 14236]]
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: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.193, revise paragraph (d) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
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(d) Red grouper--(1) Commercial sector. (i) If commercial landings
for red grouper, as estimated by the SRD, reach or are projected to
reach the commercial ACL, specified in paragraph (d)(1)(iii) of this
section, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification,
all sale or purchase of red grouper is prohibited and harvest or
possession of red grouper in or from the South Atlantic EEZ is limited
to the bag and possession limits. These bag and possession limits apply
in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If the commercial landings for red grouper, as estimated by
the SRD, exceed the commercial ACL, specified in paragraph (d)(1)(iii)
of this section, and the combined commercial and recreational ACL,
specified in paragraph (d)(3) of this section, is exceeded during the
same fishing year, and the species is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
commercial ACL in the following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(iii) The commercial ACL for red grouper is 61,160 lb (27,742 kg),
round weight, for 2018; 66,000 lb (29,937 kg), round weight, for 2019;
and 71,280 lb (32,332 kg), round weight, for 2020 and subsequent
fishing years.
(2) Recreational sector. (i) If recreational landings for red
grouper, as estimated by the SRD, are projected to reach the
recreational ACL, the AA will file a notification with the Office of
the Federal Register to close the recreational sector for the remainder
of the fishing year regardless if the stock is overfished, unless NMFS
determines that no closure is necessary based on the best scientific
information available. On and after the effective date of such a
notification, the bag and possession limits for red grouper in or from
the South Atlantic EEZ are zero.
(ii) The recreational ACL for red grouper is 77,840 lb (35,308 kg),
round weight, for 2018; 84,000 lb (38,102 kg), round weight, for 2019;
and 90,720 lb (41,150 kg), round weight, for 2020 and subsequent
fishing years.
(iii) If recreational landings for red grouper, as estimated by the
SRD, exceed the recreational ACL, specified in paragraph (d)(2)(i) of
this section, then during the following fishing year recreational
landings will be monitored for a persistence in increased landings, and
if necessary, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing
season and the recreational ACL by the amount of the recreational ACL
overage, if the species is overfished based on the most recent Status
of U.S. Fisheries Report to Congress, and if the combined commercial
and recreational ACL, specified in paragraph (d)(3) of this section, is
exceeded during the same fishing year. The AA will use the best
scientific information available to determine if reducing the length of
the recreational season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for red grouper in or from the South Atlantic EEZ are zero.
(3) The combined commercial and recreational ACL for red grouper is
139,000 lb (63,049 kg), round weight, for 2018; 150,000 lb (68,039 kg),
round weight, for 2019; and 162,000 lb (73,482 kg), round weight, for
2020 and subsequent fishing years.
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[FR Doc. 2018-06633 Filed 4-2-18; 8:45 am]
BILLING CODE 3510-22-P