[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Rules and Regulations]
[Pages 35435-35437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15971]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 171222999-8208-02]
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: Final rule.
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SUMMARY: NMFS issues regulations 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). This final rule reduces
the commercial and recreational annual catch limits (ACLs) for red
grouper in the exclusive economic zone (EEZ) of the South Atlantic. The
purpose of this final rule is to address overfishing of red grouper.
DATES: This final rule is effective on August 27, 2018.
ADDRESSES: Electronic copies of Abbreviated Framework 1, which includes
a 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.
NMFS included a reference to an environmental assessment in the
proposed rule for Abbreviated Framework 1; however, and more
specifically, a categorical exclusion was prepared, and is available
upon request.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, or 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 final rule are in round weight.
On April 3, 2018, NMFS published a proposed rule for the framework
action and requested public comment (83 FR 14234). The proposed rule
and framework action outline the rationale for the action contained in
this final rule. A summary of the management measure described in the
framework action and implemented by this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises 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
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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 to the FMP (77 FR 34254; June
11, 2012).
Consistent with the results of the latest stock assessment for red
grouper (Southeast Data Assessment and Review (SEDAR) 53) and the
acceptable biological catch (ABC) recommendation from the Council's
Scientific and Statistical Committee (SSC) accepted by the Council,
this final rule reduces the total, commercial, and recreational ACLs.
The revised commercial ACL is 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 revised recreational ACL is 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 is 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 ACL is equal to the SSC's ABC recommendation; the ABC
recommendation is the projection at FREBUILD under low
recruitment scenarios, which equals the yield at 75%FMSY.
This final rule does not change the sector allocations.
For the last several years (2014-2016), commercial landings have
averaged 50,204 lb (22,772 kg), which is less than the commercial ACL
being implemented through Abbreviated Framework 1. The recreational
landings have been highly variable since 2012, and using the average
recreational landings from 2014-2016, the reduced 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
and based on the annual seasonal opening date of May 1. If the red
grouper stock experiences a year of high recruitment, the proposed
reduced ACLs would constrain future commercial and recreational harvest
and prevent overfishing. Because the ACLs will be set lower than the
overfishing limit, implementation of this final rule is expected to end
overfishing of red grouper.
Comments and Responses
NMFS received 12 comments during the public comment period on the
proposed rule for Abbreviated Framework 1. The commenters included
individuals as well as commercial, private recreational, and charter
vessel/headboat (for-hire) recreational fishing entities. The majority
of comments opposed the reduction in the red grouper ACLs. Six of those
submissions raised issues with the proposed red grouper ACL reduction
and recommended other management measures for reducing red grouper
harvest. These comments are summarized with NMFS' responses below.
Additional comments that specifically relate to the action in
Abbreviated Framework 1 and contained in the proposed rule, as well as
NMFS' respective responses, are summarized and responded to below.
Comment 1: NMFS should implement other management measures in place
of the proposed ACL reductions, including trip limits, reduced bag
limits, increased size limits, and a closed season for harvest with
spear.
Response: While the management measures suggested could prove
effective at slowing or even reducing red grouper harvest, they would
not serve as substitutes for the reductions in the ACLs. The Magnuson-
Stevens Act and its implementing regulations require all FMPs to
contain ACLs that prevent overfishing. The current ACLs for the red
grouper stock far exceed what the best available scientific information
indicates is necessary to prevent overfishing; therefore, this rule
reduces current ACLs to acceptable levels. Although the Council chose
ACL reductions to immediately address overfishing of red grouper in the
South Atlantic, it may consider other measures, such as those suggested
by public commenters, to constrain future harvest effectively. NMFS and
the Council are currently developing Regulatory Amendment 30 to address
rebuilding of the overfished red grouper stock.
Comment 2: The red grouper ACLs should not be reduced as the
population is abundant.
Response: NMFS disagrees. Based on the latest stock assessment for
South Atlantic red grouper (SEDAR 53) completed in February 2017, NMFS
determined that the stock is overfished, undergoing overfishing, and
not making adequate rebuilding progress. The Magnuson-Stevens Act
requires NMFS to notify the Council of these determinations, and within
2 years of that notification, implement regulations to end overfishing
immediately and rebuild the stock. The Southeast Fisheries Science
Center produced rebuilding projections based on SEDAR 53, and the
Council's SSC provided ABC recommendations to end overfishing of red
grouper. Because the ACLs would be set less than the overfishing limit,
Abbreviated Framework 1 will end overfishing of red grouper immediately
upon implementation of the final rule as well as provide biological
benefits to the stock. Therefore, given the current stock status, the
ACL reductions in this final rule are appropriate and are consistent
with the requirements of the Magnuson-Stevens Act. Further, the Council
is currently developing a new red grouper rebuilding plan through
Regulatory Amendment 30 to the FMP. The Council is also considering
changes to red grouper management measures through other regulatory
amendments to the FMP.
Comment 3: The proposed ACL reduction is too drastic. The ACL
should be reduced by a lesser amount, and any ACL change implemented
should be through a step-down approach over several years.
Response: As explained in the response to Comment 1, NMFS and the
Council are mandated by the Magnuson-Stevens Act to implement
regulations that would end overfishing immediately within 2 years of
the Council's notification of stock status. In October 2017, the
Council's SSC provided an ABC recommendation for 2018 of 139,000 lb
(63,049 kg) to end overfishing. The ACL cannot exceed the ABC;
therefore, the Council set the total ACL equal to the ABC.
NMFS acknowledges the reduction in the ACLs for commercial and
recreational harvest of red grouper is considerable; however, based on
historical landings, the revised ACLs would result in minimal actual
reduction in harvest. Since 2013, South Atlantic red grouper annual
landings have totaled less than 30 percent of the stock ACL. As
described in Abbreviated Framework 1, the reduced level of observed
landings is supported by anecdotal information received from commercial
and recreational stakeholders who often report an absence of red
grouper in large quantities in the South Atlantic. According to SEDAR
53, there is uncertainty in what could be the cause of low observed
numbers of fish, and the recent (since 2005) low spawning trend may or
may not continue into the future.
Comment 4: The proposed ACL reduction will have a significant
economic impact to commercial fishermen, especially small operations
and family businesses.
Response: NMFS disagrees. Commercial landings of red grouper have
been declining over the years, and in the most recent years (2012-
2016), landings have averaged 50,204 lb (22,772 kg), which is less than
the
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commercial ACL proposed in Abbreviated Framework 1. In addition, red
grouper has accounted for a relatively small percentage (2.7 percent)
of total revenues from commercial landings of the approximately 240
federally permitted snapper-grouper commercial vessels that landed red
grouper. Thus, any adverse impacts on commercial fishermen from the ACL
reduction would likely be minimal, although NMFS recognizes that such
impacts would be uneven across fishermen participating in red grouper
harvest in the South Atlantic.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule 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 (E.O.) 12866. This rule is not an E.O.
13771 regulatory action because this rule is not significant under E.O.
12866.
The Magnuson-Stevens Act provides the statutory basis for this
final 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 final rule.
Please note Abbreviated Framework Amendment 1 considered only one
alternative to reduce the ACLs, based on the SSC recommendation, to
meet the immediate and urgent need to end overfishing within 2 years as
mandated by the Magnuson-Stevens Act. Amendment 30, which is currently
being developed, will consider several alternatives for rebuilding the
overfished red grouper stock.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities. The factual basis for this determination was
published in the proposed rule and is not repeated here. One comment
from the public suggested that the rule would have significant economic
impacts to commercial fishermen. NMFS disagrees with this comment as
explained in the response to Comment 4 and as discussed in the proposed
rule. No comments from the SBA's Chief Counsel for Advocacy were
received regarding the certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
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: July 23, 2018.
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. 622.193, 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)(ii) 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. 2018-15971 Filed 7-25-18; 8:45 am]
BILLING CODE 3510-22-P