Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Snapper-Grouper Management Measures, 27374-27380 [2012-11307]
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DEPARTMENT OF COMMERCE
[FR Doc. 2012–11289 Filed 5–9–12; 8:45 am]
National Oceanic and Atmospheric
Administration
BILLING CODE 6560–50–P
50 CFR Part 622
[Docket No. 110511280–2424–02]
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RIN 0648–BB10
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Snapper-Grouper
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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NMFS issues this final rule to
implement a regulatory amendment to
the Fishery Management Plan (FMP) for
the Snapper-Grouper Fishery of the
South Atlantic Region (Regulatory
Amendment 11), as prepared by the
South Atlantic Fishery Management
Council (Council). This rule removes
the harvest and possession prohibition
of six deep-water snapper-grouper
species (snowy grouper, blueline
tilefish, yellowedge grouper, misty
grouper, queen snapper, and silk
snapper) from depths greater than 240 ft
(73 m) in the South Atlantic exclusive
economic zone (EEZ). The intent of this
final rule is to maintain the biological
protection to speckled hind and warsaw
grouper as well as reduce the socioeconomic impacts to fishermen
SUMMARY:
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
harvesting deep-water snapper-grouper
in the South Atlantic.
DATES: This rule is effective May 10,
2012.
ADDRESSES: Electronic copies of
documents supporting this final rule,
which include an environmental
assessment and a regulatory impact
review (RIR), may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, telephone: 727–824–5305, or
email: Rick.DeVictor@noaa.gov.
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).
On December 20, 2011, NMFS
published a proposed rule in the
Federal Register for Regulatory
Amendment 11 and requested public
comment (76 FR 78879). The proposed
rule and Regulatory Amendment 11
explained the rationale for the action
contained in this final rule. A summary
of the rationale and the action
implemented by this final rule is
provided below.
In the South Atlantic snapper-grouper
fishery, speckled hind and warsaw
grouper are currently undergoing
overfishing and an annual catch limit
(ACL) of zero was established through
the final rule to implement Amendment
17B to the FMP (75 FR 82280, December
30, 2010). The accountability measure
(AM) for this ACL prohibits all harvest
and possession of speckled hind and
warsaw grouper in the South Atlantic
regardless of the depth where they are
caught. Despite a prohibition on the
harvest and possession of speckled hind
and warsaw grouper, the Council
anticipated that the bycatch mortality of
these two species would continue as a
result of the fishing effort for other
deep-water snapper-grouper species. In
order to reduce the anticipated bycatch
mortality of speckled hind and warsaw
grouper, Amendment 17B to the FMP
and its implementing final rule
prohibited all fishing for and possession
of six deep-water snapper-grouper
species (snowy grouper, blueline
tilefish, yellowedge grouper, misty
grouper, queen snapper, and silk
snapper) beyond a depth of 240 ft (73
m), beginning January 31, 2011.
However, a more recent analysis of
data from 1973–2011, indicate that
speckled hind and warsaw grouper are
rarely caught with snowy grouper,
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blueline tilefish, yellowedge grouper,
misty grouper, queen snapper, or silk
snapper. The low association between
speckled hind and warsaw grouper
landings and blueline tilefish may be
attributable to the unique habitat
preferences of speckled hind and
warsaw grouper compared to blueline
tilefish. The landings that were
analyzed occurred prior to the
implementation of the harvest and
possession prohibition for speckled
hind and warsaw grouper in
Amendment 17B to the FMP (75 FR
82280, December 30, 2010). Speckled
hind and warsaw grouper generally
prefer hard bottom structure with
habitat features such as steep cliffs,
notches, and rocky ledges of the
continental shelf break. Blueline
tilefish, which is targeted for harvest by
the deep-water component of the
snapper-grouper fishery, inhabit
irregular bottoms composed of troughs
and terraces inter-mingled with sand,
mud, or shell hash bottom where they
live in burrows. In addition, the
majority of snowy grouper landings in
the South Atlantic are from waters
deeper than 500 ft (152 m), where
landings of speckled hind and warsaw
grouper are extremely rare. Even though
yellowedge grouper, misty grouper,
queen snapper, and silk snapper
primarily share the same hard bottom
habitat preference as speckled hind and
warsaw grouper, these four species are
rarely encountered and are not targeted
by commercial or recreational
fishermen; between 2006 and 2010, the
average annual commercial landings of
yellowedge grouper, misty grouper,
queen snapper, and silk snapper was
53,330 lb (24,190 kg) compared to
17,594,132 lb (7,980,564 kg) for the
entire snapper-grouper commercial
sector for this period. Instead, speckled
hind and warsaw grouper, according to
the new information available following
the implementation of Amendment 17B
to the FMP, are more commonly taken
as incidental catch when fishermen
target species such as gag, vermilion
snapper, and red porgy inshore of 240
ft (73 m). Based on this information, at
its August 2011 meeting, the Council
voted to approve Regulatory
Amendment 11 based upon the more
recent analyses, and thereby, remove the
deep-water snapper-grouper harvest and
possession prohibition implemented
through Amendment 17B.
The current speckled hind and
warsaw grouper harvest and possession
prohibition contained in Amendment
17B is not changed and is expected to
continue to reduce fishing mortality of
these two species even without the
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additional deep-water snapper-grouper
harvest and possession prohibition. As
such, Regulatory Amendment 11 seeks
to maintain the biological protection to
speckled hind and warsaw grouper,
prevent significant direct economic loss
to snapper-grouper fishermen, and
continue to achieve optimum yield for
the fishery.
The Council is currently developing
an amendment to further enhance the
biological protections for speckled hind
and warsaw grouper. That amendment,
the Comprehensive Ecosystem-Based
Amendment 3 (CE–BA 3), considers
additional measures to reduce the
bycatch of speckled hind and warsaw
grouper, including the expansion of
existing, and establishment of new
closure areas.
Comments and Responses
A total of 94 comments were received
on the proposed rule for Regulatory
Amendment 11, including comments
from individuals, six fishing
associations, a state agency, and three
non-governmental agencies. NMFS
received 87 comments of general
support for Regulatory Amendment 11
and the proposed rule. NMFS also
received two comments that opposed,
and five comments that neither
supported nor opposed, Regulatory
Amendment 11 and the proposed rule.
Specific comments related to the actions
contained in Regulatory Amendment 11
and the proposed rule, as well as NMFS’
respective responses, are summarized
below.
Comment 1: One commenter stated
that Regulatory Amendment 11 fails to
end overfishing of speckled hind and
warsaw grouper and that the Council
and NMFS determined that a
prohibition on landings would not, by
itself, prevent overfishing because of the
speckled hind and warsaw grouper
mortality that would still result from
discards of these species.
Response: NMFS and the Council
intended that the prohibition on the
harvest and possession of speckled hind
and warsaw grouper would work in
combination with the 240-ft (73-m)
prohibition of six deep-water snappergrouper species, as well as a variety of
other management measures, to
minimize harvest and reduce discard
mortality of speckled hind and warsaw
grouper. Based on new information
presented at Council meetings in 2011,
the Council and NMFS have decided to
retain the prohibition on the harvest and
possession of speckled hind and warsaw
grouper but eliminate the 240-ft (73-m)
prohibition on six deep-water snapper
grouper species. The Council concluded
that other management measures would
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules and Regulations
be more effective in reducing discard
mortality of speckled hind and warsaw
grouper and minimizing the socioeconomic effects to deep-water snappergrouper fishers.
The Council’s Scientific and
Statistical Committee (SSC) could not
determine if the 240-ft (73-m)
prohibition is necessary to end
overfishing of either speckled hind or
warsaw grouper. After reviewing
Amendment 17B to the FMP, the SSC
stated the following in its report from its
December 2009 meeting: ‘‘In general, the
technical analyses supporting these
species are acceptable, however, the
SSC wishes to emphasize that these are
extremely data poor species and that the
uncertainty associated with any stock
status information will be large.
Consistent with that fact, the SSC
cannot determine whether any of the
proposed measures will end overfishing,
because the overfishing level is
unknown, the current mortality is
unknown and discards are poorly
known.’’
A species is described as undergoing
overfishing if either the fishing
mortality rate exceeds the maximum
fishing mortality threshold (MFMT) for
a period of 1 year or if the annual catch
exceeds the annual overfishing limit
(OFL) for 1 year or more (50 CFR
600.310(e)(2)(ii)(A)). Since 1997,
speckled hind and warsaw grouper have
been listed as undergoing overfishing in
NMFS’ Report to Congress on the Status
of U.S. Fisheries. The Council and
NMFS specify which method will be
used to determine a species’ overfishing
status. The OFL, which is the
overfishing limit in pounds or numbers
of fish, is unknown for speckled hind
and warsaw grouper. The Council
defined the MFMT for speckled hind
and warsaw grouper through the final
rule implementing Amendment 11 to
the FMP (64 FR 59126, November 2,
1998) as the fishing mortality rate in
excess of the fishing mortality rate at 30
percent of the static spawning potential
ratio. The most recent evaluations of
fishing mortality in relation to MFMT
were for the 1999 and 1990 fishing years
for speckled hind and warsaw grouper,
respectively. These evaluations
determined that speckled hind and
warsaw grouper were undergoing
overfishing. The Council has taken
action to decrease fishing mortality of
speckled hind and warsaw grouper to
address overfishing. However, data are
insufficient to assess the most recent
fishing mortality rates. As with many
Council-managed species, measures to
significantly restrict fishing mortality
have hindered the ability of the Council
and NMFS to obtain data and conduct
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an assessment of a stock’s health;
fishery-dependent data are a major
source of information in the assessment
of stocks in the South Atlantic region.
The Council and NMFS have taken
significant actions to decrease fishing
mortality of speckled hind and warsaw
grouper and address overfishing.
Speckled hind and warsaw grouper
were included in the five grouper
aggregate recreational bag limit in 1992
(56 FR 56016, October 31, 1991), and
then a commercial and recreational
limit of one per vessel of each species
with a commercial sale prohibition was
established in 1994 (59 FR 27242, May
26, 1994). A complete harvest
prohibition for both species and ACLs of
zero (landings only) were established in
2011, through the final rule
implementing Amendment 17B to the
FMP (75 FR 82280, December 30, 2010).
The ACL is based on an acceptable
biological catch (ABC) level of zero
(landings only) for speckled hind and
warsaw grouper provided by the
Council’s SSC. The SSC did not provide
a recommendation for an acceptable
level of discard mortality and based its
ABC recommendation on landings only.
As a result of these restrictions, average
annual landings of speckled hind
decreased from 28,107 (12,749 kg)
during 1981–1994 to 8,318 lb (3,773 kg),
whole weight. During 1995–2010,
average annual landings of warsaw
grouper decreased from 88,007 lb
(39,919 kg) to 27,171 lb (12,325 kg),
whole weight.
In addition to harvest restrictions, the
Council and NMFS have implemented
spatial closures to reduce discard
mortality of speckled hind and warsaw
grouper. In 1994, Federal regulations
were implemented that prohibited
fishing for and retention of snappergrouper species within the Oculina
Experimental Closed Area. The intent of
these prohibitions was to ‘‘enhance
stock stability and increase recruitment
by providing an area where deep-water
species can grow and reproduce without
being subjected to fishing mortality’’ (59
FR 27242, May 26, 1994). In
Amendment 13A to the FMP, these
regulations were extended indefinitely
(69 FR 15731, March 26, 2004). In 2009,
eight marine protected areas (MPAs)
were established in the South Atlantic,
through the final rule implementing
Amendment 14 to the FMP, in which
possession, retention, and fishing for all
of the species in the FMP, including
speckled hind and warsaw grouper, is
prohibited (74 FR 1621, January 13,
2009). The intent of these MPAs is to
protect long-lived, deep-water snappergrouper species, including speckled
hind and warsaw grouper, through the
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elimination of bottom-fishing activities
in the closed areas. The presence of
speckled hind and warsaw grouper has
been documented in many of the MPAs.
Speckled hind and warsaw grouper
are also known to inhabit depths
inshore of 240 ft (73 m) where most of
the commercial fishing effort occurs.
Efforts to limit mortality of species
occurring closer to shore would be
expected to reduce the discard mortality
of speckled hind and warsaw grouper
because most speckled hind and warsaw
grouper encounters occur inshore of 240
ft (73 m). Management measures to
reduce both the commercial and
recreational fishing effort relative to
species occurring closer to shore such as
black sea bass, gag, red snapper, red
porgy, and vermilion snapper are likely
to have a significant effect on speckled
hind and warsaw grouper populations
due to the strong harvest association
among these species (SERO–LAPP–
2011–06 Report). Because of these
measures, some reduction in bycatch of
speckled hind and warsaw grouper has
likely already occurred since the
number of recreational trips in the
South Atlantic EEZ in 2011 was the
lowest since 1982. In addition to the
measures previously mentioned, these
specific regulations that are likely to
reduce bycatch of speckled hind and
warsaw grouper for species occurring
closer to shore include the following: (1)
An annual vermilion snapper
prohibition for the recreational sector
from November through March (74 FR
30964, June 29, 2009); (2) an annual
shallow-water grouper prohibition for
all fishermen from January through
April (74 FR 30964, June 29, 2009); (3)
an annual red porgy prohibition for the
commercial sector from January through
April (65 FR 51253, August 23, 2000);
(4) a three fish red porgy bag limit and
a 120 fish commercial bycatch trip limit
(71 FR 55096, September 21, 2006); and,
(5) a prohibition of all red snapper
harvest and possession (75 FR 76874,
December 9, 2010). In addition, the
establishment of ACLs and AMs for
black sea bass, gag, golden tilefish,
snowy grouper, and vermilion snapper
through Amendment 17B to the FMP
have resulted in in-season closures and
reduced season lengths, which NMFS
expects has further reduced the discard
mortality of speckled hind and warsaw
grouper.
To further reduce discards of speckled
hind and warsaw grouper, the Council
and NMFS plan to develop area and
species prohibitions that would most
effectively reduce encounters with
speckled hind and warsaw grouper
while minimizing, to the extent
practicable, socio-economic effects to
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the fishing industry. The intent of the
deep-water prohibition implemented
through Amendment 17B to the FMP
was to reduce depth-related bycatch
mortality. Following the
implementation of Amendment 17B to
the FMP, the Council and NMFS reevaluated the effectiveness of the 24-ft
(73 m) prohibition using the best
scientific information available
contained in Regulatory Amendment 11,
scientific recommendations from the
NMFS Southeast Fisheries Science
Center (SEFSC), the Council’s SSC, and
public comments. Based on new
information and new analyses, the
Council and NMFS concluded that the
240-ft (73 m) prohibition is not an
effective means to reduce discard
mortality of speckled hind and warsaw
grouper due to the location of the
closure and the species prohibited.
According to the best scientific
information available, in order to
increase the effectiveness of additional
regulations aimed at reducing the
discard mortality of speckled hind and
warsaw grouper, the Council and NMFS
would need to consider areas shallower
than 240 ft (73 m). A new analysis of
landings data following the
implementation of Amendment 17B to
the FMP (SERO–LAPP–2011–06 Report)
indicates that most encounters with
speckled hind and warsaw grouper by
fishermen occurred inshore of 240 ft (73
m), because fishing effort in the
snapper-grouper fishery is greatest in
these depths. Based on this new
information, area closures on the shelf
edge (between 160–240 ft (49–73 m)
depths) would provide greater
protection to speckled hind and warsaw
grouper than the current harvest
prohibition of the six species in depths
greater than 240 ft (73 m).
New information suggests the
effectiveness of the regulations for
protecting speckled hind and warsaw
grouper would also increase if a
snapper-grouper prohibition applied to
species other than those currently
prohibited beyond a 240-ft (73-m)
depth. Recent analysis of landings data
(June 1, 2011, SERO–LAPP–2011–06
Report) indicate that speckled hind and
warsaw grouper are rarely caught with
the six species prohibited by the 240-ft
(73-m) prohibition. Additionally, the
low association between the harvest of
blueline tilefish and speckled hind and
warsaw grouper is supported by
preliminary results from a study
conducted with an exempted fishing
permit (EFP) by the North Carolina
Division of Marine Fisheries (NCDMF)
that began on August 2, 2011. The
primary purpose of the EFP is to
determine if speckled hind and warsaw
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grouper are bycatch in the commercial
blueline tilefish component of the South
Atlantic snapper-grouper fishery.
Preliminary findings provided to the
Council and NMFS by NCDMF on
March 2, 2012, indicate that no speckled
hind or warsaw grouper were caught on
73 commercial trips targeting blueline
tilefish off North Carolina (19 percent of
those trips contained an observer).
The low association between speckled
hind and warsaw grouper landings and
blueline tilefish may be attributable to
the unique habitat preferences of
speckled hind and warsaw grouper
compared to blueline tilefish. Speckled
hind and warsaw grouper generally
prefer hard bottom structure with
habitat features such as steep cliffs,
notches, and rocky ledges of the
continental shelf break. Blueline
tilefish, which is targeted for harvest by
the deep-water component of the
commercial sector of the snappergrouper fishery, inhabit irregular bottom
features composed of troughs and
terraces inter-mingled with sand, mud,
or shell hash habitat where they live in
burrows. In addition, the majority of
snowy grouper landings in the South
Atlantic are from waters deeper than
500 ft (152 m), where landings of
speckled hind and warsaw grouper are
extremely rare.
With the exception of blueline tilefish
off the coasts of North and South
Carolina, snowy grouper, and deepwater species off South Florida, the six
species currently prohibited deeper than
240 ft (73 m), are not currently targeted
by the commercial sector. Snowy
grouper is not targeted as much as in the
past. Harvest of snowy grouper is
severely restricted (regulations include a
100-lb (45-kg) commercial trip limit and
a one fish per vessel recreational trip
limit) and harvests of the remaining
species are minimal, compared to
landings of snapper-grouper for the
entire commercial sector. Between 2006
and 2010, the average annual
commercial landings of yellowedge
grouper, misty grouper, queen snapper,
and silk snapper was 53,330 lb (24,190
kg) compared to 17,594,132 lb
(7,980,564 kg) for the entire snappergrouper commercial sector for this
period. Instead, speckled hind and
warsaw grouper, according to new
information available following the
implementation of Amendment 17B to
the FMP, are more commonly taken as
incidental catch when fishermen target
species such as gag, vermilion snapper,
and red porgy inshore of 240 ft (73 m).
Therefore, based on a review of new
information from the June 1, 2011,
SERO–LAPP–2011–06 Report and a
study conducted with an EFP by the
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27377
NCDMF, neither of which was available
during development of Amendment 17B
to the FMP, the Council concluded that
allowing the harvest of deep-water
species, including blueline tilefish and
snowy grouper, beyond a depth of 240
ft (73 m), would not likely result in
significant increases in the bycatch
mortality of speckled hind or warsaw
grouper, although low levels of bycatch
of these species might occur. Instead,
the Council and NMFS determined that
other measures besides the prohibition
on harvest of six species deeper than
240 ft (73 m) would be more effective
in reducing discard mortality of
speckled hind and warsaw grouper and
should be considered. The Council is
currently developing CE–BA 3, which
considers additional measures to reduce
bycatch of speckled hind and warsaw
grouper, including the expansion of
existing, and establishment of new, midshelf MPAs. The completion of that
amendment has been determined to be
a high priority for the Council. The
Council is planning to take final action
and submit the amendment to the
Secretary of Commerce at its December
2012 meeting for approval and
subsequent implementation through
rulemaking.
Comment 2: Regulatory Amendment
11 fails to minimize bycatch and
bycatch mortality of speckled hind and
warsaw grouper. Regulatory
Amendment 11 would nullify the only
AM currently in place for speckled hind
and warsaw grouper and leave these
species with no accountability for
bycatch mortality anywhere, contrary to
the requirements of National Standard 1
and section 303(a)(15) of the MagnusonStevens Act. Regulatory Amendment 11
would leave speckled hind and warsaw
grouper unprotected against discard
mortality. Additionally, NMFS has
failed to implement an adequate
standardized bycatch reporting
methodology in the South Atlantic.
Response: NMFS disagrees that
Regulatory Amendment 11 would
nullify the only AM currently in place
for speckled hind and warsaw grouper.
AMs are management controls to
prevent ACLs, including sector specific
ACLs, from being exceeded, and to
correct or mitigate overages of the ACL
if they occur. The 240-ft (73 m)
prohibition was intended to reduce
discard mortality of speckled hind and
warsaw grouper. The current AM is the
prohibition on the harvest and
possession of speckled hind and warsaw
grouper.
During the development of
Amendment 17B to the FMP, the
Council discussed the challenges of
setting an AM for speckled hind and
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warsaw grouper when the Council’s SSC
recommended an ABC equal to zero for
landings only. For the majority of
species managed by the Council, the
ABC is above zero and the AMs, or
management controls, are triggered
when a certain level of harvest is
reached in order to prevent overages of
the ACLs. In the snapper-grouper
fishery, actions are taken to correct or
mitigate overages of the ACLs, such as
reducing the ACL in the following year
by the overage. Despite stating in a
footnote of a table in the Summary of
Amendment 17B to the FMP that ‘‘the
deepwater closure may be considered as
a type of AM’’ (emphasis added), the
Council acknowledged in Regulatory
Amendment 11 that the prohibition on
the harvest and possession of speckled
hind and warsaw grouper is the AM and
serves as the management control to
prevent ACLs from being exceeded.
NMFS disagrees that Regulatory
Amendment 11 would leave speckled
hind and warsaw grouper without
management measures to protect against
discard mortality. The Council and
NMFS are required to implement
measures, to the extent practicable, that
(1) minimize bycatch and (2) to the
extent bycatch cannot be avoided,
minimize the mortality of such bycatch,
according to National Standard 9 of the
Magnuson-Stevens Act (16 U.S.C. 1851).
In Regulatory Amendment 11, the
Council and NMFS evaluated the
practicability of implementing measures
to minimize bycatch and bycatch
mortality. The Council and NMFS have
concluded that regulations that both
minimize bycatch and minimize the
mortality of bycatch, such as those
noted below, are in effect even with the
removal of the 240-ft (73-m) prohibition.
In addition, and as discussed in
response to Comment 1, the Council and
NMFS have concluded, based on new
information presented to them following
the implementation of Amendment 17B
to the FMP, that measures other than the
240-ft (73-m) prohibition would be more
effective in reducing discard mortality
of speckled hind and warsaw grouper.
The Council and NMFS have
previously implemented spatial closures
and gear requirements intended to
reduce bycatch and bycatch mortality of
managed species, including speckled
hind and warsaw grouper. In 1994, the
Council and NMFS prohibited fishing
for and retention of all species in the
FMP within the Oculina Experimental
Closed Area off Florida (59 FR 27242,
May 26, 1994). The intent of the
prohibition was to enhance stock
stability and increase recruitment by
providing an area where deep-water
species can grow and reproduce without
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being subjected to fishing mortality,
including mortality from discards. In
2009, the Council and NMFS
implemented eight MPAs in the South
Atlantic, in or from which possession,
retention, and fishing for all species in
the FMP was prohibited (74 FR 1621,
January 13, 2009). The intent of the
eight MPAs was to protect long-lived,
deep-water snapper-grouper species
including speckled hind and warsaw
grouper. Based on a review of new
information that was not available
during the development of Amendment
17B to the FMP, the 240-ft (73-m)
prohibition is not the most effective
means to reduce discard mortality of
speckled hind and warsaw grouper, and
the closure of other areas should be
considered. The Council is currently
developing CE–BA 3, which considers
additional measures to reduce bycatch
of speckled hind and warsaw grouper,
including the expansion of currently
established MPAs and the establishment
of new mid-shelf MPAs.
The Council and NMFS have also
implemented gear requirements
intended to reduce recreational and
commercial bycatch mortality.
Beginning on July 29, 2009, the Council
and NMFS required the possession of a
dehooking device on board a vessel
when fishing for South Atlantic
snapper-grouper and required the use of
such tools as needed to accomplish
release of fish with minimum injury (74
FR 30964). In addition, beginning on
March 3, 2011, the Council and NMFS
required the use of non-stainless steel
circle hooks when fishing for snappergrouper species with hook-and-line gear
and natural baits north of 28° N. lat. (75
FR 82280, December 30, 2010). The use
of circle hooks is most effective in
reducing bycatch mortality for juvenile
speckled hind and warsaw grouper as
these species are caught at shallower
depths compared to adult fish.
The Council and NMFS adopted,
through Amendment 15B to the FMP,
the Atlantic Coastal Cooperative
Statistics Program (ACCSP) Release,
Discard and Protected Species Module
as the preferred methodology for a
standardized bycatch reporting
methodology, and until the module is
fully funded, require the use of a variety
of sources to assess and monitor
bycatch. Currently, discard estimates are
supplied through the Marine
Recreational Information Program
(MRIP), the supplementary commercial
and headboat discard logbooks, the
previously-referenced EFP for North
Carolina, and the Federal reef fish
observer program. The Council has
approved an action in Amendment 18A
to the FMP to enhance data reporting in
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the for-hire sector. The Council is also
developing amendments to other FMPs,
including the Snapper-Grouper FMP, to
improve data reporting by the
commercial sector, and the for-hire
component of the recreational sector of
the snapper-grouper fishery, and by
dealers.
Comment 3: Regulatory Amendment
11 fails to rely on the best scientific
information available by circumventing
the established SSC peer-review
process.
Response: The Council and NMFS
incorporated the best scientific
information available into Regulatory
Amendment 11 and utilized the SSC
peer-review process in the development
of the amendment. As described by
National Standard 2 in the MagnusonStevens Act (16 U.S.C. 1851),
conservation and management measures
shall be based upon the best scientific
information available. The NMFS
Southeast Regional Office (SERO)
provided Regulatory Amendment 11,
including analyses, to the SEFSC for
both the initial review of Regulatory
Amendment 11 and the ‘‘best available
science’’ certification. The SEFSC
certified that the analyses of the
proposed action contained in the
environmental assessment and
Regulatory Amendment 11 were based
upon the best available scientific
information. In addition, SEFSC staff
served on the interdisciplinary plan
team (IPT) for both Amendment 17B
and Regulatory Amendment 11 to the
FMP. IPT members serve numerous
roles during the development of an
amendment, including analyzing the
anticipated effects of the proposed
actions.
At its April 5–7, 2011, meeting, the
Council’s SSC reviewed a Regulatory
Amendment 11 issues paper including
alternatives under consideration and a
presentation titled ‘‘Preliminary data
analyses to support Snapper-Grouper
Regulatory Amendment 11.’’ The SSC
discussed Regulatory Amendment 11
and provided comments on Regulatory
Amendment 11 in its written report of
the meeting and in a presentation to the
Council at the June 2011 Council
meeting. At that meeting, the SSC chair
noted in her presentation of the results
of the April 2011 SSC meeting to the
Council that the 240-ft (73-m)
prohibition seemed counterintuitive to
the intent of protecting speckled hind
and warsaw grouper because of where
the fish are primarily found.
Comment 4: One commenter stated
that Regulatory Amendment 11
prioritizes short-term economic
considerations over the MagnusonStevens Act’s conservation measures
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deemed essential to preventing
overfishing.
Response: National Standard 1 of the
Magnuson-Stevens Act (16 U.S.C. 1851)
states that management measures shall
both ‘‘prevent overfishing while
achieving, on a continuing basis, the
optimum yield (OY).’’ National
Standard 8 of the Magnuson-Stevens
Act states that, consistent with the
conservation requirements of the
Magnuson-Stevens Act, management
measures shall, ‘‘to the extent
practicable, minimize adverse economic
impacts on such communities.’’ The
Magnuson-Stevens Act provides for
flexibility in the specific conservation
and management measures used to
achieve conservation goals. When a
quantitative analysis of overfishing is
absent, the Councils and NMFS must
rely on informed judgment to weigh the
costs and benefits of a proposed
regulation to strike a balance between
preventing overfishing, achieving
optimum yield, and minimizing impacts
to fishing communities. The Council
and NMFS evaluated the costs and
benefits to the biological and socioeconomic environments of the 240-ft
(73-m) prohibition, using the best
scientific information available, as well
as scientific recommendations from the
SEFSC and the Council’s SSC, and
public comments. The Council and
NMFS concluded that the 240-ft (73-m)
prohibition is not an effective means to
reduce discard mortality of speckled
hind and warsaw grouper, has
significant socio-economic effects to
deep-water snapper-grouper fishers,
particularly to those harvesting blueline
tilefish, and hinders the snappergrouper fishery’s ability to achieve OY.
The Council’s SSC was not able to
determine if the 240-ft (73-m)
prohibition is needed to end overfishing
of either speckled hind or warsaw
grouper. However, as discussed in the
response to comments 1 and 2, the
Council and NMFS have implemented
actions to eliminate the harvest and
reduce the discard mortality of speckled
hind and warsaw grouper. The Council
and NMFS have concluded, based on
new scientific information presented to
them following the implementation of
Amendment 17B to the FMP, that the
240-ft (73-m) prohibition is not an
effective means to reduce the discard
mortality of speckled hind and warsaw
grouper, and other measures would be
more effective in reducing discard
mortality while minimizing the socioeconomic effects.
The economic hardship imposed on
fishermen from the 240-ft (73-m)
prohibition is greater than was projected
when Amendment 17B to the FMP was
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approved by the Council. During the
development and implementation of
Amendment 17B to the FMP, in April of
2010, the SSC recommended an ABC of
49,221 lb (22,326 kg), whole weight, for
blueline tilefish. Therefore, at the time
the deep-water prohibition was being
approved and implemented, the
economic impacts from a prohibition of
blueline tilefish were not substantial
due to the anticipated low level of
future allowable catch.
However, the SSC, at its April 2011
meeting, significantly increased the
blueline tilefish ABC recommendation
to 592,602 lb (268,780 kg), whole
weight, to represent what they
considered an expanding fishery north
of Cape Hatteras, North Carolina, that
resulted in increased commercial
landings in recent years. In the
Comprehensive ACL Amendment, the
Council set the ACL equal to the ABC.
Using an average ex-vessel price of
$1.56 per lb, whole weight, the annual
economic loss to commercial vessels
landing blueline tilefish from the 240-ft
(73-m) prohibition is estimated to be
$438,114. Therefore, the continued
prohibition of blueline tilefish harvest
beyond a 240-ft (73-m) depth would
result in significantly greater economic
losses to a segment of commercial
snapper-grouper fishers than originally
anticipated when the Council approved
Amendment 17B to the FMP for
submission to NMFS.
Comment 5: NMFS and the Council
previously determined that a landings
prohibition was not sufficient to end
overfishing of speckled hind and
warsaw grouper and that the deep-water
snapper-grouper prohibition was
necessary for this purpose.
Response: NMFS has reviewed the
text of Amendment 17B to the FMP,
Regulatory Amendment 11, and the
proposed and final rules for
Amendment 17B to the FMP. The
statement that a landings prohibition is
not sufficient to end overfishing of
speckled hind and warsaw grouper
occurs only once in these documents. In
the preamble’s classification section of
the final rule for Amendment 17B to the
FMP, NMFS states the following, ‘‘The
second alternative to the final action
would establish an ACL of zero for
speckled hind and warsaw grouper but
would not close any areas to fishing for
deep-water species that co-occur with
these two species. Although this
alternative would have smaller negative
economic effects on small entities than
the final action, it would not be
sufficient to end overfishing of speckled
hind and warsaw grouper due to discard
mortality from fishing for other cooccurring deep-water species.’’ (75 FR
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27379
82280, December 30, 2010). However,
this previous statement appears to have
been made in error, as NMFS finds no
record to support that conclusion. The
Council and NMFS’s decisions are
based on the best scientific information
available, including new information
provided since the implementation of
Amendment 17B to the FMP, that the
prohibition on harvest of six deep-water
snapper-grouper species beginning at a
240-ft (73-m) depth is not an effective
means to reduce discard mortality of
speckled hind and warsaw grouper.
NMFS states the following in the final
rule to Amendment 17B to the FMP: (1)
Speckled hind and warsaw grouper are
extremely vulnerable to overfishing; (2)
action must be taken to ensure
overfishing is ended and does not occur;
(3) the incidental catch of these species
may be responsible for the continued
overfishing; (4) the deep-water
prohibition is intended to reduce depthrelated bycatch mortality to reduce the
probability that overfishing will occur;
and (5) the implementation of the deepwater prohibition does not preclude the
Council from proposing future action to
modify the prohibition if scientific
information indicates it is appropriate to
do so. Because new scientific
information has demonstrated that the
240-ft (73-m) prohibition to the harvest
of six deep-water snapper-grouper
species is not an effective means to
reduce bycatch of speckled hind and
warsaw grouper, and the action is
having unnecessary and unanticipated
negative socio-economic effects, the
Council and NMFS are removing the
240-ft (73-m) prohibition through
Regulatory Amendment 11 and are
developing more effective means to
enhance measures currently in place to
protect these species.
Comment 6: Several commenters
stated that the deep-water snappergrouper prohibition does not enhance
protection for the species it intends to
protect. Many fishermen reported that
they never caught speckled hind and
warsaw grouper when targeting snowy
grouper, tilefish, and queen snapper in
deep water. Others stated that deepwater species receive little fishing
pressure as it requires specific skills and
knowledge (such as knowledge of
bottom structure and fish location),
significant financial investment, and
specific equipment such as specialized
vessels, to harvest these species. Rising
fuel costs have also reduced effort for
deep-water snapper-grouper species.
One individual stated that spatial
closures in shallow depths
encompassing the shelf edge, with 160
ft (49 m) as the inshore depth limit,
would have been more effective in
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protecting speckled hind and warsaw
grouper from discard mortality than a
prohibition of six deep-water snappergrouper species starting at a 240-ft (73m) depth, and NMFS should focus
management on places where these two
species are being impacted to a greater
degree. Commenters noted that, in
deciding the location of the spatial
closures, information should be utilized
from technical divers, conservationminded fishermen with direct
knowledge of shelf-edge habitats,
scientists who have completed studies
on the shelf edge and further off-shore,
and bottom habitat maps of the shelf
edge and deeper waters.
Response: NMFS agrees that, in
addition to the current measures to
protect speckled hind and warsaw
grouper, the Council should focus on
spatial closures in shallower depths to
further reduce discard mortality of these
species. The Council is currently
developing CE–BA 3, which considers
additional measures to reduce bycatch
of speckled hind and warsaw grouper,
including the expansion of currently
established MPAs and the establishment
of new mid-shelf MPAs. The public,
fishermen, and scientists will be given
opportunities to provide input through
the Council process, which includes
meetings of the Council’s Advisory
Panels and SSC. The Council will be
holding public workshops in 2012
where the public may provide input on
management measures to protect
speckled hind and warsaw grouper. The
Habitat and Environmental Protection
and the Coral Advisory panels will be
given the opportunity to provide advice
and knowledge concerning known
locations of fish habitats important for
speckled hind and warsaw grouper,
including the shelf-edge habitat. The
Council held public scoping meetings
on CE–BA 3 from January 24–February
2, 2011. There will be other
opportunities for the Council to receive
public input on this issue.
Comment 7: The analysis presented in
the SERO Catch Analysis (June 1, 2011,
SERO–LAPP–2011–06 Report) is
insufficient to draw conclusions about
species associations because it lacks any
information to evaluate the uncertainty
in the hierarchical clustering and
dimension reduction results. One way
of assessing the uncertainty in
clustering analyses is through bootstrap
re-sampling which produces
probabilities that allow us to assess the
uncertainty associated with the model
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outputs. To our knowledge, this was not
done.
Response: At the time the catch
analysis was developed, the authors of
the species groupings analysis (June 1,
2011, SERO–LAPP–2011–06 Report)
were unaware of the application of the
bootstrap re-sampling technique to
determine the uncertainty of the results
from a hierarchical cluster analysis.
However, using another method to
address uncertainty and to reduce the
relative impacts of the outcomes of any
one cluster analysis, NMFS applied four
different clustering methods to each of
five different fishery-dependent and two
fishery-independent data sources, then
developed a methodology for
aggregating the result of these analyses
across clusters to form a weighted mean
cluster association index. The SEFSC
certified on October 26, 2011, that the
analyses of the proposed action
contained in the environmental
assessment and Regulatory Amendment
11 were based upon the best available
scientific information.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
necessary to more efficiently manage the
species within Regulatory Amendment
11 and is consistent with the MagnusonStevens Act, and other applicable law.
This final 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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No substantive comments were
received on the certification provided in
the proposed rule (76 FR 78879,
December 20, 2011). Based on the
information provided in the proposed
rule, the Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration this
final rule is not expected to have a
significant economic impact on a
substantial number of small entities. As
a result, a final regulatory flexibility
analysis was not required and none was
prepared.
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NMFS finds good cause under 5
U.S.C. 553(d)(1) to waive the delay in
the effective date for this rule because
this rule relieves a restriction by
removing the harvest and possession
prohibition of six deep-water snappergrouper species from depths greater
than 240 ft (73-m) in the South Atlantic
EEZ. These measures will benefit
commercial and recreational fishermen.
Additionally, the immediate
effectiveness of this final rule will allow
fishermen to more effectively harvest
deep-water snapper-grouper species
(snowy grouper, blueline tilefish,
yellowedge grouper, misty grouper,
queen snapper, and silk snapper).
Delaying implementation of these
measures could result in snappergrouper fishermen not having the
opportunity to achieve OY from these
stocks, because the sectors would have
insufficient time to harvest the quota
increase before the fishing year’s end. A
delay would thus diminish the social
and economic benefits for deep-water
snapper-grouper fishermen this final
rule provides, and undermine part of
the purpose of the rule itself. Finally,
this rule creates no new duties,
obligations, or requirements for the
regulated community that would
necessitate delaying this rule’s
effectiveness to allow them to come into
compliance with it. Thus, this rule is
made effective upon publication.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 4, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for
Operations, 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, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 622.35
[Amended]
2. In § 622.35, paragraph (o) is
removed and reserved.
■
[FR Doc. 2012–11307 Filed 5–9–12; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Rules and Regulations]
[Pages 27374-27380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 110511280-2424-02]
RIN 0648-BB10
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Snapper-
Grouper Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement a regulatory
amendment to the Fishery Management Plan (FMP) for the Snapper-Grouper
Fishery of the South Atlantic Region (Regulatory Amendment 11), as
prepared by the South Atlantic Fishery Management Council (Council).
This rule removes the harvest and possession prohibition of six deep-
water snapper-grouper species (snowy grouper, blueline tilefish,
yellowedge grouper, misty grouper, queen snapper, and silk snapper)
from depths greater than 240 ft (73 m) in the South Atlantic exclusive
economic zone (EEZ). The intent of this final rule is to maintain the
biological protection to speckled hind and warsaw grouper as well as
reduce the socio-economic impacts to fishermen
[[Page 27375]]
harvesting deep-water snapper-grouper in the South Atlantic.
DATES: This rule is effective May 10, 2012.
ADDRESSES: Electronic copies of documents supporting this final rule,
which include an environmental assessment and a regulatory impact
review (RIR), may be obtained from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: Rick.DeVictor@noaa.gov.
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).
On December 20, 2011, NMFS published a proposed rule in the Federal
Register for Regulatory Amendment 11 and requested public comment (76
FR 78879). The proposed rule and Regulatory Amendment 11 explained the
rationale for the action contained in this final rule. A summary of the
rationale and the action implemented by this final rule is provided
below.
In the South Atlantic snapper-grouper fishery, speckled hind and
warsaw grouper are currently undergoing overfishing and an annual catch
limit (ACL) of zero was established through the final rule to implement
Amendment 17B to the FMP (75 FR 82280, December 30, 2010). The
accountability measure (AM) for this ACL prohibits all harvest and
possession of speckled hind and warsaw grouper in the South Atlantic
regardless of the depth where they are caught. Despite a prohibition on
the harvest and possession of speckled hind and warsaw grouper, the
Council anticipated that the bycatch mortality of these two species
would continue as a result of the fishing effort for other deep-water
snapper-grouper species. In order to reduce the anticipated bycatch
mortality of speckled hind and warsaw grouper, Amendment 17B to the FMP
and its implementing final rule prohibited all fishing for and
possession of six deep-water snapper-grouper species (snowy grouper,
blueline tilefish, yellowedge grouper, misty grouper, queen snapper,
and silk snapper) beyond a depth of 240 ft (73 m), beginning January
31, 2011.
However, a more recent analysis of data from 1973-2011, indicate
that speckled hind and warsaw grouper are rarely caught with snowy
grouper, blueline tilefish, yellowedge grouper, misty grouper, queen
snapper, or silk snapper. The low association between speckled hind and
warsaw grouper landings and blueline tilefish may be attributable to
the unique habitat preferences of speckled hind and warsaw grouper
compared to blueline tilefish. The landings that were analyzed occurred
prior to the implementation of the harvest and possession prohibition
for speckled hind and warsaw grouper in Amendment 17B to the FMP (75 FR
82280, December 30, 2010). Speckled hind and warsaw grouper generally
prefer hard bottom structure with habitat features such as steep
cliffs, notches, and rocky ledges of the continental shelf break.
Blueline tilefish, which is targeted for harvest by the deep-water
component of the snapper-grouper fishery, inhabit irregular bottoms
composed of troughs and terraces inter-mingled with sand, mud, or shell
hash bottom where they live in burrows. In addition, the majority of
snowy grouper landings in the South Atlantic are from waters deeper
than 500 ft (152 m), where landings of speckled hind and warsaw grouper
are extremely rare. Even though yellowedge grouper, misty grouper,
queen snapper, and silk snapper primarily share the same hard bottom
habitat preference as speckled hind and warsaw grouper, these four
species are rarely encountered and are not targeted by commercial or
recreational fishermen; between 2006 and 2010, the average annual
commercial landings of yellowedge grouper, misty grouper, queen
snapper, and silk snapper was 53,330 lb (24,190 kg) compared to
17,594,132 lb (7,980,564 kg) for the entire snapper-grouper commercial
sector for this period. Instead, speckled hind and warsaw grouper,
according to the new information available following the implementation
of Amendment 17B to the FMP, are more commonly taken as incidental
catch when fishermen target species such as gag, vermilion snapper, and
red porgy inshore of 240 ft (73 m). Based on this information, at its
August 2011 meeting, the Council voted to approve Regulatory Amendment
11 based upon the more recent analyses, and thereby, remove the deep-
water snapper-grouper harvest and possession prohibition implemented
through Amendment 17B.
The current speckled hind and warsaw grouper harvest and possession
prohibition contained in Amendment 17B is not changed and is expected
to continue to reduce fishing mortality of these two species even
without the additional deep-water snapper-grouper harvest and
possession prohibition. As such, Regulatory Amendment 11 seeks to
maintain the biological protection to speckled hind and warsaw grouper,
prevent significant direct economic loss to snapper-grouper fishermen,
and continue to achieve optimum yield for the fishery.
The Council is currently developing an amendment to further enhance
the biological protections for speckled hind and warsaw grouper. That
amendment, the Comprehensive Ecosystem-Based Amendment 3 (CE-BA 3),
considers additional measures to reduce the bycatch of speckled hind
and warsaw grouper, including the expansion of existing, and
establishment of new closure areas.
Comments and Responses
A total of 94 comments were received on the proposed rule for
Regulatory Amendment 11, including comments from individuals, six
fishing associations, a state agency, and three non-governmental
agencies. NMFS received 87 comments of general support for Regulatory
Amendment 11 and the proposed rule. NMFS also received two comments
that opposed, and five comments that neither supported nor opposed,
Regulatory Amendment 11 and the proposed rule. Specific comments
related to the actions contained in Regulatory Amendment 11 and the
proposed rule, as well as NMFS' respective responses, are summarized
below.
Comment 1: One commenter stated that Regulatory Amendment 11 fails
to end overfishing of speckled hind and warsaw grouper and that the
Council and NMFS determined that a prohibition on landings would not,
by itself, prevent overfishing because of the speckled hind and warsaw
grouper mortality that would still result from discards of these
species.
Response: NMFS and the Council intended that the prohibition on the
harvest and possession of speckled hind and warsaw grouper would work
in combination with the 240-ft (73-m) prohibition of six deep-water
snapper-grouper species, as well as a variety of other management
measures, to minimize harvest and reduce discard mortality of speckled
hind and warsaw grouper. Based on new information presented at Council
meetings in 2011, the Council and NMFS have decided to retain the
prohibition on the harvest and possession of speckled hind and warsaw
grouper but eliminate the 240-ft (73-m) prohibition on six deep-water
snapper grouper species. The Council concluded that other management
measures would
[[Page 27376]]
be more effective in reducing discard mortality of speckled hind and
warsaw grouper and minimizing the socio-economic effects to deep-water
snapper-grouper fishers.
The Council's Scientific and Statistical Committee (SSC) could not
determine if the 240-ft (73-m) prohibition is necessary to end
overfishing of either speckled hind or warsaw grouper. After reviewing
Amendment 17B to the FMP, the SSC stated the following in its report
from its December 2009 meeting: ``In general, the technical analyses
supporting these species are acceptable, however, the SSC wishes to
emphasize that these are extremely data poor species and that the
uncertainty associated with any stock status information will be large.
Consistent with that fact, the SSC cannot determine whether any of the
proposed measures will end overfishing, because the overfishing level
is unknown, the current mortality is unknown and discards are poorly
known.''
A species is described as undergoing overfishing if either the
fishing mortality rate exceeds the maximum fishing mortality threshold
(MFMT) for a period of 1 year or if the annual catch exceeds the annual
overfishing limit (OFL) for 1 year or more (50 CFR
600.310(e)(2)(ii)(A)). Since 1997, speckled hind and warsaw grouper
have been listed as undergoing overfishing in NMFS' Report to Congress
on the Status of U.S. Fisheries. The Council and NMFS specify which
method will be used to determine a species' overfishing status. The
OFL, which is the overfishing limit in pounds or numbers of fish, is
unknown for speckled hind and warsaw grouper. The Council defined the
MFMT for speckled hind and warsaw grouper through the final rule
implementing Amendment 11 to the FMP (64 FR 59126, November 2, 1998) as
the fishing mortality rate in excess of the fishing mortality rate at
30 percent of the static spawning potential ratio. The most recent
evaluations of fishing mortality in relation to MFMT were for the 1999
and 1990 fishing years for speckled hind and warsaw grouper,
respectively. These evaluations determined that speckled hind and
warsaw grouper were undergoing overfishing. The Council has taken
action to decrease fishing mortality of speckled hind and warsaw
grouper to address overfishing. However, data are insufficient to
assess the most recent fishing mortality rates. As with many Council-
managed species, measures to significantly restrict fishing mortality
have hindered the ability of the Council and NMFS to obtain data and
conduct an assessment of a stock's health; fishery-dependent data are a
major source of information in the assessment of stocks in the South
Atlantic region.
The Council and NMFS have taken significant actions to decrease
fishing mortality of speckled hind and warsaw grouper and address
overfishing. Speckled hind and warsaw grouper were included in the five
grouper aggregate recreational bag limit in 1992 (56 FR 56016, October
31, 1991), and then a commercial and recreational limit of one per
vessel of each species with a commercial sale prohibition was
established in 1994 (59 FR 27242, May 26, 1994). A complete harvest
prohibition for both species and ACLs of zero (landings only) were
established in 2011, through the final rule implementing Amendment 17B
to the FMP (75 FR 82280, December 30, 2010). The ACL is based on an
acceptable biological catch (ABC) level of zero (landings only) for
speckled hind and warsaw grouper provided by the Council's SSC. The SSC
did not provide a recommendation for an acceptable level of discard
mortality and based its ABC recommendation on landings only. As a
result of these restrictions, average annual landings of speckled hind
decreased from 28,107 (12,749 kg) during 1981-1994 to 8,318 lb (3,773
kg), whole weight. During 1995-2010, average annual landings of warsaw
grouper decreased from 88,007 lb (39,919 kg) to 27,171 lb (12,325 kg),
whole weight.
In addition to harvest restrictions, the Council and NMFS have
implemented spatial closures to reduce discard mortality of speckled
hind and warsaw grouper. In 1994, Federal regulations were implemented
that prohibited fishing for and retention of snapper-grouper species
within the Oculina Experimental Closed Area. The intent of these
prohibitions was to ``enhance stock stability and increase recruitment
by providing an area where deep-water species can grow and reproduce
without being subjected to fishing mortality'' (59 FR 27242, May 26,
1994). In Amendment 13A to the FMP, these regulations were extended
indefinitely (69 FR 15731, March 26, 2004). In 2009, eight marine
protected areas (MPAs) were established in the South Atlantic, through
the final rule implementing Amendment 14 to the FMP, in which
possession, retention, and fishing for all of the species in the FMP,
including speckled hind and warsaw grouper, is prohibited (74 FR 1621,
January 13, 2009). The intent of these MPAs is to protect long-lived,
deep-water snapper-grouper species, including speckled hind and warsaw
grouper, through the elimination of bottom-fishing activities in the
closed areas. The presence of speckled hind and warsaw grouper has been
documented in many of the MPAs.
Speckled hind and warsaw grouper are also known to inhabit depths
inshore of 240 ft (73 m) where most of the commercial fishing effort
occurs. Efforts to limit mortality of species occurring closer to shore
would be expected to reduce the discard mortality of speckled hind and
warsaw grouper because most speckled hind and warsaw grouper encounters
occur inshore of 240 ft (73 m). Management measures to reduce both the
commercial and recreational fishing effort relative to species
occurring closer to shore such as black sea bass, gag, red snapper, red
porgy, and vermilion snapper are likely to have a significant effect on
speckled hind and warsaw grouper populations due to the strong harvest
association among these species (SERO-LAPP-2011-06 Report). Because of
these measures, some reduction in bycatch of speckled hind and warsaw
grouper has likely already occurred since the number of recreational
trips in the South Atlantic EEZ in 2011 was the lowest since 1982. In
addition to the measures previously mentioned, these specific
regulations that are likely to reduce bycatch of speckled hind and
warsaw grouper for species occurring closer to shore include the
following: (1) An annual vermilion snapper prohibition for the
recreational sector from November through March (74 FR 30964, June 29,
2009); (2) an annual shallow-water grouper prohibition for all
fishermen from January through April (74 FR 30964, June 29, 2009); (3)
an annual red porgy prohibition for the commercial sector from January
through April (65 FR 51253, August 23, 2000); (4) a three fish red
porgy bag limit and a 120 fish commercial bycatch trip limit (71 FR
55096, September 21, 2006); and, (5) a prohibition of all red snapper
harvest and possession (75 FR 76874, December 9, 2010). In addition,
the establishment of ACLs and AMs for black sea bass, gag, golden
tilefish, snowy grouper, and vermilion snapper through Amendment 17B to
the FMP have resulted in in-season closures and reduced season lengths,
which NMFS expects has further reduced the discard mortality of
speckled hind and warsaw grouper.
To further reduce discards of speckled hind and warsaw grouper, the
Council and NMFS plan to develop area and species prohibitions that
would most effectively reduce encounters with speckled hind and warsaw
grouper while minimizing, to the extent practicable, socio-economic
effects to
[[Page 27377]]
the fishing industry. The intent of the deep-water prohibition
implemented through Amendment 17B to the FMP was to reduce depth-
related bycatch mortality. Following the implementation of Amendment
17B to the FMP, the Council and NMFS re-evaluated the effectiveness of
the 24-ft (73 m) prohibition using the best scientific information
available contained in Regulatory Amendment 11, scientific
recommendations from the NMFS Southeast Fisheries Science Center
(SEFSC), the Council's SSC, and public comments. Based on new
information and new analyses, the Council and NMFS concluded that the
240-ft (73 m) prohibition is not an effective means to reduce discard
mortality of speckled hind and warsaw grouper due to the location of
the closure and the species prohibited.
According to the best scientific information available, in order to
increase the effectiveness of additional regulations aimed at reducing
the discard mortality of speckled hind and warsaw grouper, the Council
and NMFS would need to consider areas shallower than 240 ft (73 m). A
new analysis of landings data following the implementation of Amendment
17B to the FMP (SERO-LAPP-2011-06 Report) indicates that most
encounters with speckled hind and warsaw grouper by fishermen occurred
inshore of 240 ft (73 m), because fishing effort in the snapper-grouper
fishery is greatest in these depths. Based on this new information,
area closures on the shelf edge (between 160-240 ft (49-73 m) depths)
would provide greater protection to speckled hind and warsaw grouper
than the current harvest prohibition of the six species in depths
greater than 240 ft (73 m).
New information suggests the effectiveness of the regulations for
protecting speckled hind and warsaw grouper would also increase if a
snapper-grouper prohibition applied to species other than those
currently prohibited beyond a 240-ft (73-m) depth. Recent analysis of
landings data (June 1, 2011, SERO-LAPP-2011-06 Report) indicate that
speckled hind and warsaw grouper are rarely caught with the six species
prohibited by the 240-ft (73-m) prohibition. Additionally, the low
association between the harvest of blueline tilefish and speckled hind
and warsaw grouper is supported by preliminary results from a study
conducted with an exempted fishing permit (EFP) by the North Carolina
Division of Marine Fisheries (NCDMF) that began on August 2, 2011. The
primary purpose of the EFP is to determine if speckled hind and warsaw
grouper are bycatch in the commercial blueline tilefish component of
the South Atlantic snapper-grouper fishery. Preliminary findings
provided to the Council and NMFS by NCDMF on March 2, 2012, indicate
that no speckled hind or warsaw grouper were caught on 73 commercial
trips targeting blueline tilefish off North Carolina (19 percent of
those trips contained an observer).
The low association between speckled hind and warsaw grouper
landings and blueline tilefish may be attributable to the unique
habitat preferences of speckled hind and warsaw grouper compared to
blueline tilefish. Speckled hind and warsaw grouper generally prefer
hard bottom structure with habitat features such as steep cliffs,
notches, and rocky ledges of the continental shelf break. Blueline
tilefish, which is targeted for harvest by the deep-water component of
the commercial sector of the snapper-grouper fishery, inhabit irregular
bottom features composed of troughs and terraces inter-mingled with
sand, mud, or shell hash habitat where they live in burrows. In
addition, the majority of snowy grouper landings in the South Atlantic
are from waters deeper than 500 ft (152 m), where landings of speckled
hind and warsaw grouper are extremely rare.
With the exception of blueline tilefish off the coasts of North and
South Carolina, snowy grouper, and deep-water species off South
Florida, the six species currently prohibited deeper than 240 ft (73
m), are not currently targeted by the commercial sector. Snowy grouper
is not targeted as much as in the past. Harvest of snowy grouper is
severely restricted (regulations include a 100-lb (45-kg) commercial
trip limit and a one fish per vessel recreational trip limit) and
harvests of the remaining species are minimal, compared to landings of
snapper-grouper for the entire commercial sector. Between 2006 and
2010, the average annual commercial landings of yellowedge grouper,
misty grouper, queen snapper, and silk snapper was 53,330 lb (24,190
kg) compared to 17,594,132 lb (7,980,564 kg) for the entire snapper-
grouper commercial sector for this period. Instead, speckled hind and
warsaw grouper, according to new information available following the
implementation of Amendment 17B to the FMP, are more commonly taken as
incidental catch when fishermen target species such as gag, vermilion
snapper, and red porgy inshore of 240 ft (73 m).
Therefore, based on a review of new information from the June 1,
2011, SERO-LAPP-2011-06 Report and a study conducted with an EFP by the
NCDMF, neither of which was available during development of Amendment
17B to the FMP, the Council concluded that allowing the harvest of
deep-water species, including blueline tilefish and snowy grouper,
beyond a depth of 240 ft (73 m), would not likely result in significant
increases in the bycatch mortality of speckled hind or warsaw grouper,
although low levels of bycatch of these species might occur. Instead,
the Council and NMFS determined that other measures besides the
prohibition on harvest of six species deeper than 240 ft (73 m) would
be more effective in reducing discard mortality of speckled hind and
warsaw grouper and should be considered. The Council is currently
developing CE-BA 3, which considers additional measures to reduce
bycatch of speckled hind and warsaw grouper, including the expansion of
existing, and establishment of new, mid-shelf MPAs. The completion of
that amendment has been determined to be a high priority for the
Council. The Council is planning to take final action and submit the
amendment to the Secretary of Commerce at its December 2012 meeting for
approval and subsequent implementation through rulemaking.
Comment 2: Regulatory Amendment 11 fails to minimize bycatch and
bycatch mortality of speckled hind and warsaw grouper. Regulatory
Amendment 11 would nullify the only AM currently in place for speckled
hind and warsaw grouper and leave these species with no accountability
for bycatch mortality anywhere, contrary to the requirements of
National Standard 1 and section 303(a)(15) of the Magnuson-Stevens Act.
Regulatory Amendment 11 would leave speckled hind and warsaw grouper
unprotected against discard mortality. Additionally, NMFS has failed to
implement an adequate standardized bycatch reporting methodology in the
South Atlantic.
Response: NMFS disagrees that Regulatory Amendment 11 would nullify
the only AM currently in place for speckled hind and warsaw grouper.
AMs are management controls to prevent ACLs, including sector specific
ACLs, from being exceeded, and to correct or mitigate overages of the
ACL if they occur. The 240-ft (73 m) prohibition was intended to reduce
discard mortality of speckled hind and warsaw grouper. The current AM
is the prohibition on the harvest and possession of speckled hind and
warsaw grouper.
During the development of Amendment 17B to the FMP, the Council
discussed the challenges of setting an AM for speckled hind and
[[Page 27378]]
warsaw grouper when the Council's SSC recommended an ABC equal to zero
for landings only. For the majority of species managed by the Council,
the ABC is above zero and the AMs, or management controls, are
triggered when a certain level of harvest is reached in order to
prevent overages of the ACLs. In the snapper-grouper fishery, actions
are taken to correct or mitigate overages of the ACLs, such as reducing
the ACL in the following year by the overage. Despite stating in a
footnote of a table in the Summary of Amendment 17B to the FMP that
``the deepwater closure may be considered as a type of AM'' (emphasis
added), the Council acknowledged in Regulatory Amendment 11 that the
prohibition on the harvest and possession of speckled hind and warsaw
grouper is the AM and serves as the management control to prevent ACLs
from being exceeded.
NMFS disagrees that Regulatory Amendment 11 would leave speckled
hind and warsaw grouper without management measures to protect against
discard mortality. The Council and NMFS are required to implement
measures, to the extent practicable, that (1) minimize bycatch and (2)
to the extent bycatch cannot be avoided, minimize the mortality of such
bycatch, according to National Standard 9 of the Magnuson-Stevens Act
(16 U.S.C. 1851). In Regulatory Amendment 11, the Council and NMFS
evaluated the practicability of implementing measures to minimize
bycatch and bycatch mortality. The Council and NMFS have concluded that
regulations that both minimize bycatch and minimize the mortality of
bycatch, such as those noted below, are in effect even with the removal
of the 240-ft (73-m) prohibition. In addition, and as discussed in
response to Comment 1, the Council and NMFS have concluded, based on
new information presented to them following the implementation of
Amendment 17B to the FMP, that measures other than the 240-ft (73-m)
prohibition would be more effective in reducing discard mortality of
speckled hind and warsaw grouper.
The Council and NMFS have previously implemented spatial closures
and gear requirements intended to reduce bycatch and bycatch mortality
of managed species, including speckled hind and warsaw grouper. In
1994, the Council and NMFS prohibited fishing for and retention of all
species in the FMP within the Oculina Experimental Closed Area off
Florida (59 FR 27242, May 26, 1994). The intent of the prohibition was
to enhance stock stability and increase recruitment by providing an
area where deep-water species can grow and reproduce without being
subjected to fishing mortality, including mortality from discards. In
2009, the Council and NMFS implemented eight MPAs in the South
Atlantic, in or from which possession, retention, and fishing for all
species in the FMP was prohibited (74 FR 1621, January 13, 2009). The
intent of the eight MPAs was to protect long-lived, deep-water snapper-
grouper species including speckled hind and warsaw grouper. Based on a
review of new information that was not available during the development
of Amendment 17B to the FMP, the 240-ft (73-m) prohibition is not the
most effective means to reduce discard mortality of speckled hind and
warsaw grouper, and the closure of other areas should be considered.
The Council is currently developing CE-BA 3, which considers additional
measures to reduce bycatch of speckled hind and warsaw grouper,
including the expansion of currently established MPAs and the
establishment of new mid-shelf MPAs.
The Council and NMFS have also implemented gear requirements
intended to reduce recreational and commercial bycatch mortality.
Beginning on July 29, 2009, the Council and NMFS required the
possession of a dehooking device on board a vessel when fishing for
South Atlantic snapper-grouper and required the use of such tools as
needed to accomplish release of fish with minimum injury (74 FR 30964).
In addition, beginning on March 3, 2011, the Council and NMFS required
the use of non-stainless steel circle hooks when fishing for snapper-
grouper species with hook-and-line gear and natural baits north of
28[deg] N. lat. (75 FR 82280, December 30, 2010). The use of circle
hooks is most effective in reducing bycatch mortality for juvenile
speckled hind and warsaw grouper as these species are caught at
shallower depths compared to adult fish.
The Council and NMFS adopted, through Amendment 15B to the FMP, the
Atlantic Coastal Cooperative Statistics Program (ACCSP) Release,
Discard and Protected Species Module as the preferred methodology for a
standardized bycatch reporting methodology, and until the module is
fully funded, require the use of a variety of sources to assess and
monitor bycatch. Currently, discard estimates are supplied through the
Marine Recreational Information Program (MRIP), the supplementary
commercial and headboat discard logbooks, the previously-referenced EFP
for North Carolina, and the Federal reef fish observer program. The
Council has approved an action in Amendment 18A to the FMP to enhance
data reporting in the for-hire sector. The Council is also developing
amendments to other FMPs, including the Snapper-Grouper FMP, to improve
data reporting by the commercial sector, and the for-hire component of
the recreational sector of the snapper-grouper fishery, and by dealers.
Comment 3: Regulatory Amendment 11 fails to rely on the best
scientific information available by circumventing the established SSC
peer-review process.
Response: The Council and NMFS incorporated the best scientific
information available into Regulatory Amendment 11 and utilized the SSC
peer-review process in the development of the amendment. As described
by National Standard 2 in the Magnuson-Stevens Act (16 U.S.C. 1851),
conservation and management measures shall be based upon the best
scientific information available. The NMFS Southeast Regional Office
(SERO) provided Regulatory Amendment 11, including analyses, to the
SEFSC for both the initial review of Regulatory Amendment 11 and the
``best available science'' certification. The SEFSC certified that the
analyses of the proposed action contained in the environmental
assessment and Regulatory Amendment 11 were based upon the best
available scientific information. In addition, SEFSC staff served on
the interdisciplinary plan team (IPT) for both Amendment 17B and
Regulatory Amendment 11 to the FMP. IPT members serve numerous roles
during the development of an amendment, including analyzing the
anticipated effects of the proposed actions.
At its April 5-7, 2011, meeting, the Council's SSC reviewed a
Regulatory Amendment 11 issues paper including alternatives under
consideration and a presentation titled ``Preliminary data analyses to
support Snapper-Grouper Regulatory Amendment 11.'' The SSC discussed
Regulatory Amendment 11 and provided comments on Regulatory Amendment
11 in its written report of the meeting and in a presentation to the
Council at the June 2011 Council meeting. At that meeting, the SSC
chair noted in her presentation of the results of the April 2011 SSC
meeting to the Council that the 240-ft (73-m) prohibition seemed
counterintuitive to the intent of protecting speckled hind and warsaw
grouper because of where the fish are primarily found.
Comment 4: One commenter stated that Regulatory Amendment 11
prioritizes short-term economic considerations over the Magnuson-
Stevens Act's conservation measures
[[Page 27379]]
deemed essential to preventing overfishing.
Response: National Standard 1 of the Magnuson-Stevens Act (16
U.S.C. 1851) states that management measures shall both ``prevent
overfishing while achieving, on a continuing basis, the optimum yield
(OY).'' National Standard 8 of the Magnuson-Stevens Act states that,
consistent with the conservation requirements of the Magnuson-Stevens
Act, management measures shall, ``to the extent practicable, minimize
adverse economic impacts on such communities.'' The Magnuson-Stevens
Act provides for flexibility in the specific conservation and
management measures used to achieve conservation goals. When a
quantitative analysis of overfishing is absent, the Councils and NMFS
must rely on informed judgment to weigh the costs and benefits of a
proposed regulation to strike a balance between preventing overfishing,
achieving optimum yield, and minimizing impacts to fishing communities.
The Council and NMFS evaluated the costs and benefits to the biological
and socio-economic environments of the 240-ft (73-m) prohibition, using
the best scientific information available, as well as scientific
recommendations from the SEFSC and the Council's SSC, and public
comments. The Council and NMFS concluded that the 240-ft (73-m)
prohibition is not an effective means to reduce discard mortality of
speckled hind and warsaw grouper, has significant socio-economic
effects to deep-water snapper-grouper fishers, particularly to those
harvesting blueline tilefish, and hinders the snapper-grouper fishery's
ability to achieve OY.
The Council's SSC was not able to determine if the 240-ft (73-m)
prohibition is needed to end overfishing of either speckled hind or
warsaw grouper. However, as discussed in the response to comments 1 and
2, the Council and NMFS have implemented actions to eliminate the
harvest and reduce the discard mortality of speckled hind and warsaw
grouper. The Council and NMFS have concluded, based on new scientific
information presented to them following the implementation of Amendment
17B to the FMP, that the 240-ft (73-m) prohibition is not an effective
means to reduce the discard mortality of speckled hind and warsaw
grouper, and other measures would be more effective in reducing discard
mortality while minimizing the socio-economic effects.
The economic hardship imposed on fishermen from the 240-ft (73-m)
prohibition is greater than was projected when Amendment 17B to the FMP
was approved by the Council. During the development and implementation
of Amendment 17B to the FMP, in April of 2010, the SSC recommended an
ABC of 49,221 lb (22,326 kg), whole weight, for blueline tilefish.
Therefore, at the time the deep-water prohibition was being approved
and implemented, the economic impacts from a prohibition of blueline
tilefish were not substantial due to the anticipated low level of
future allowable catch.
However, the SSC, at its April 2011 meeting, significantly
increased the blueline tilefish ABC recommendation to 592,602 lb
(268,780 kg), whole weight, to represent what they considered an
expanding fishery north of Cape Hatteras, North Carolina, that resulted
in increased commercial landings in recent years. In the Comprehensive
ACL Amendment, the Council set the ACL equal to the ABC. Using an
average ex-vessel price of $1.56 per lb, whole weight, the annual
economic loss to commercial vessels landing blueline tilefish from the
240-ft (73-m) prohibition is estimated to be $438,114. Therefore, the
continued prohibition of blueline tilefish harvest beyond a 240-ft (73-
m) depth would result in significantly greater economic losses to a
segment of commercial snapper-grouper fishers than originally
anticipated when the Council approved Amendment 17B to the FMP for
submission to NMFS.
Comment 5: NMFS and the Council previously determined that a
landings prohibition was not sufficient to end overfishing of speckled
hind and warsaw grouper and that the deep-water snapper-grouper
prohibition was necessary for this purpose.
Response: NMFS has reviewed the text of Amendment 17B to the FMP,
Regulatory Amendment 11, and the proposed and final rules for Amendment
17B to the FMP. The statement that a landings prohibition is not
sufficient to end overfishing of speckled hind and warsaw grouper
occurs only once in these documents. In the preamble's classification
section of the final rule for Amendment 17B to the FMP, NMFS states the
following, ``The second alternative to the final action would establish
an ACL of zero for speckled hind and warsaw grouper but would not close
any areas to fishing for deep-water species that co-occur with these
two species. Although this alternative would have smaller negative
economic effects on small entities than the final action, it would not
be sufficient to end overfishing of speckled hind and warsaw grouper
due to discard mortality from fishing for other co-occurring deep-water
species.'' (75 FR 82280, December 30, 2010). However, this previous
statement appears to have been made in error, as NMFS finds no record
to support that conclusion. The Council and NMFS's decisions are based
on the best scientific information available, including new information
provided since the implementation of Amendment 17B to the FMP, that the
prohibition on harvest of six deep-water snapper-grouper species
beginning at a 240-ft (73-m) depth is not an effective means to reduce
discard mortality of speckled hind and warsaw grouper.
NMFS states the following in the final rule to Amendment 17B to the
FMP: (1) Speckled hind and warsaw grouper are extremely vulnerable to
overfishing; (2) action must be taken to ensure overfishing is ended
and does not occur; (3) the incidental catch of these species may be
responsible for the continued overfishing; (4) the deep-water
prohibition is intended to reduce depth-related bycatch mortality to
reduce the probability that overfishing will occur; and (5) the
implementation of the deep-water prohibition does not preclude the
Council from proposing future action to modify the prohibition if
scientific information indicates it is appropriate to do so. Because
new scientific information has demonstrated that the 240-ft (73-m)
prohibition to the harvest of six deep-water snapper-grouper species is
not an effective means to reduce bycatch of speckled hind and warsaw
grouper, and the action is having unnecessary and unanticipated
negative socio-economic effects, the Council and NMFS are removing the
240-ft (73-m) prohibition through Regulatory Amendment 11 and are
developing more effective means to enhance measures currently in place
to protect these species.
Comment 6: Several commenters stated that the deep-water snapper-
grouper prohibition does not enhance protection for the species it
intends to protect. Many fishermen reported that they never caught
speckled hind and warsaw grouper when targeting snowy grouper,
tilefish, and queen snapper in deep water. Others stated that deep-
water species receive little fishing pressure as it requires specific
skills and knowledge (such as knowledge of bottom structure and fish
location), significant financial investment, and specific equipment
such as specialized vessels, to harvest these species. Rising fuel
costs have also reduced effort for deep-water snapper-grouper species.
One individual stated that spatial closures in shallow depths
encompassing the shelf edge, with 160 ft (49 m) as the inshore depth
limit, would have been more effective in
[[Page 27380]]
protecting speckled hind and warsaw grouper from discard mortality than
a prohibition of six deep-water snapper-grouper species starting at a
240-ft (73-m) depth, and NMFS should focus management on places where
these two species are being impacted to a greater degree. Commenters
noted that, in deciding the location of the spatial closures,
information should be utilized from technical divers, conservation-
minded fishermen with direct knowledge of shelf-edge habitats,
scientists who have completed studies on the shelf edge and further
off-shore, and bottom habitat maps of the shelf edge and deeper waters.
Response: NMFS agrees that, in addition to the current measures to
protect speckled hind and warsaw grouper, the Council should focus on
spatial closures in shallower depths to further reduce discard
mortality of these species. The Council is currently developing CE-BA
3, which considers additional measures to reduce bycatch of speckled
hind and warsaw grouper, including the expansion of currently
established MPAs and the establishment of new mid-shelf MPAs. The
public, fishermen, and scientists will be given opportunities to
provide input through the Council process, which includes meetings of
the Council's Advisory Panels and SSC. The Council will be holding
public workshops in 2012 where the public may provide input on
management measures to protect speckled hind and warsaw grouper. The
Habitat and Environmental Protection and the Coral Advisory panels will
be given the opportunity to provide advice and knowledge concerning
known locations of fish habitats important for speckled hind and warsaw
grouper, including the shelf-edge habitat. The Council held public
scoping meetings on CE-BA 3 from January 24-February 2, 2011. There
will be other opportunities for the Council to receive public input on
this issue.
Comment 7: The analysis presented in the SERO Catch Analysis (June
1, 2011, SERO-LAPP-2011-06 Report) is insufficient to draw conclusions
about species associations because it lacks any information to evaluate
the uncertainty in the hierarchical clustering and dimension reduction
results. One way of assessing the uncertainty in clustering analyses is
through bootstrap re-sampling which produces probabilities that allow
us to assess the uncertainty associated with the model outputs. To our
knowledge, this was not done.
Response: At the time the catch analysis was developed, the authors
of the species groupings analysis (June 1, 2011, SERO-LAPP-2011-06
Report) were unaware of the application of the bootstrap re-sampling
technique to determine the uncertainty of the results from a
hierarchical cluster analysis. However, using another method to address
uncertainty and to reduce the relative impacts of the outcomes of any
one cluster analysis, NMFS applied four different clustering methods to
each of five different fishery-dependent and two fishery-independent
data sources, then developed a methodology for aggregating the result
of these analyses across clusters to form a weighted mean cluster
association index. The SEFSC certified on October 26, 2011, that the
analyses of the proposed action contained in the environmental
assessment and Regulatory Amendment 11 were based upon the best
available scientific information.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary to more efficiently manage the
species within Regulatory Amendment 11 and is consistent with the
Magnuson-Stevens Act, and other applicable law.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here.
No substantive comments were received on the certification provided
in the proposed rule (76 FR 78879, December 20, 2011). Based on the
information provided in the proposed rule, the Chief Counsel for
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration this final rule is
not expected to have a significant economic impact on a substantial
number of small entities. As a result, a final regulatory flexibility
analysis was not required and none was prepared.
NMFS finds good cause under 5 U.S.C. 553(d)(1) to waive the delay
in the effective date for this rule because this rule relieves a
restriction by removing the harvest and possession prohibition of six
deep-water snapper-grouper species from depths greater than 240 ft (73-
m) in the South Atlantic EEZ. These measures will benefit commercial
and recreational fishermen. Additionally, the immediate effectiveness
of this final rule will allow fishermen to more effectively harvest
deep-water snapper-grouper species (snowy grouper, blueline tilefish,
yellowedge grouper, misty grouper, queen snapper, and silk snapper).
Delaying implementation of these measures could result in snapper-
grouper fishermen not having the opportunity to achieve OY from these
stocks, because the sectors would have insufficient time to harvest the
quota increase before the fishing year's end. A delay would thus
diminish the social and economic benefits for deep-water snapper-
grouper fishermen this final rule provides, and undermine part of the
purpose of the rule itself. Finally, this rule creates no new duties,
obligations, or requirements for the regulated community that would
necessitate delaying this rule's effectiveness to allow them to come
into compliance with it. Thus, this rule is made effective upon
publication.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: May 4, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, 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, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 622.35 [Amended]
0
2. In Sec. 622.35, paragraph (o) is removed and reserved.
[FR Doc. 2012-11307 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-22-P
