Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 28, 15672-15674 [2013-05644]
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15672
Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS
continue to occur in these essential
habitats, the MMPA ‘‘take’’ prohibition
does not currently appear to provide
sufficient protection to the
characteristics of these habitats that
make them suitable places for critical
aspects of the harbor seal life cycle.
NMFS is therefore considering
regulatory conservation measures to: (1)
Preserve the habitat functions at existing
glacial haul-out sites for harbor seals; (2)
limit disturbance of harbor seals at such
sites; and (3) minimize the chance of
long-term impacts to the population of
harbor seals in Alaska.
Request for Information and Comments
NMFS is requesting information and
comments on whether conservation
measures, regulations, or other
management action would be
appropriate to protect harbor seals in
Alaska from human activities that
diminish the value of important habitat,
result in unauthorized take, and/or may
cause detrimental individual- and
population-level impacts. NMFS is also
requesting information and comments
on what type of measures may provide
appropriate protection for harbor seals
while minimizing impacts on ocean
users. Based on the best available
science and input received in response
to the publication of this notice, NMFS
may propose management measures for
public comment. The following list
includes examples of potential
management measures that NMFS may
consider:
• Specific corridors for vessel
movement.
• Vessel movement parameters
relative to ice.
• Vessel speed limits.
• Required minimum approach
distance and use of observers to keep a
designated ship-to-seal separation
distance. Similar to the minimum
approach rules established for
humpback whales in Hawaii and
Alaska, and right whales in the North
Atlantic, a limit could be established by
regulation to accommodate harbor seal
viewing opportunities while minimizing
the potential detrimental impacts from
human activity; and
• Time-area closures. Similar to
seasonal measures used by the NPS to
protect seals in Johns Hopkins Inlet,
NMFS could establish a regulation
limiting human access to certain harbor
seal ice-associated habitats, or to zones
within these areas. These measures
could limit all human entry to the area
past a particular demarcation line;
measures could be specific to only
certain acts within an area; measures
could be full-time or limited to certain
seasonally important times (e.g.,
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excluding entrance during pupping and/
or molting). A closure could also consist
of any combination of the above.
NMFS invites information and
comment from the public on
management measures such as those
options listed above, or on other
possible measures, to help the agency
decide what type of regulations, if any,
would be appropriate to consider for
protecting harbor seal populations in
habiting glacial fjords in Alaska. In
particular, we are seeking information
and comments concerning:
(1) The advisability of and need for
regulations;
(2) The geographic scope and time
horizon of regulations;
(3) Management options for regulating
vessel interactions with harbor seals,
including but not limited to the options
listed in this notice;
(4) Scientific and commercial
information regarding the effects of
vessels on harbor seals and their habitat;
(5) Information regarding potential
economic effects of regulating vessel
interactions;
(6) The feasibility of any management
measure or regulation (for example,
navigational safety or security
concerns); and
(7) Any additional relevant
information that NMFS should consider
should it undertake rulemaking.
You may submit information and
comments by any one of several
methods (see ADDRESSES). Electronic
copies of the materials prepared for this
action are available at https://
www.regulations.gov or https://
alaskafisheries.noaa.gov.
References Cited
A complete list of all references cited
in this advanced notice of proposed
rulemaking is available upon request
from the NMFS office in Juneau, Alaska
(see ADDRESSES).
Dated: March 5, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–05646 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BC63
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Amendment 28
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The South Atlantic Fishery
Management Council (Council) has
submitted Amendment 28 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP) for review, approval, and
implementation by NMFS. Amendment
28 proposes actions to establish a
process for determining whether the
limited harvest and possession of red
snapper in or from the South Atlantic
exclusive economic zone (EEZ) could
occur during a given fishing year.
Amendment 28 specifies the process
and formula for setting commercial and
recreational annual catch limits (ACLs)
for red snapper if a limited fishing
season may occur and specifies
accountability measures (AMs).
Amendment 28 also proposes during a
limited fishing season to eliminate the
current red snapper minimum size
limit, establish a recreational bag limit
and a commercial trip limit for red
snapper, and establish a process for
setting commercial and recreational
fishing seasons for red snapper
beginning in 2013. The intent of
Amendment 28 is to continue the
rebuilding of the red snapper stock and
to provide socio-economic benefits to
snapper-grouper fishermen and
communities that utilize the red
snapper resource.
DATES: Written comments must be
received on or before May 13, 2013.
ADDRESSES: You may submit comments
on Amendment 28 identified by
‘‘NOAA–NMFS–2013–0040’’ by any of
the following methods:
• Electronic submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130040, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
SUMMARY:
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS
• Mail: Submit written comments to
Rick DeVictor, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Electronic copies of Amendment 28,
which includes an environmental
assessment, a regulatory flexibility
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sf/pdfs/
SGAmend28.pdf.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, Southeast Regional Office,
telephone: 727–824–5305, or email:
rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes red snapper, 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
Magnuson-Stevens Act. The MagnusonStevens Act also requires that NMFS,
upon receiving a plan or amendment,
publish an announcement in the
Federal Register notifying the public
that the plan or amendment is available
for review and comment.
Background
Red snapper are overfished and
undergoing overfishing. The harvest and
possession of red snapper has been
prohibited since January 4, 2010,
initially through temporary rules (74 FR
63673, December 4, 2009 and 75 FR
27658, May 18, 2010), and then through
the final rule to implement Amendment
17A to the FMP (75 FR 76874, December
9, 2010). Amendment 17A continued
the prohibition on a permanent basis by
implementing an ACL for red snapper of
zero (landings only). Amendment 17A
also implemented a rebuilding plan for
red snapper, which specifies that red
snapper biomass must increase to the
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target rebuilt level in 35 years, starting
from 2010. The final rule implementing
Amendment 17A also included a large
area closure for most snapper-grouper
species, however, this area closure did
not become effective because it was
determined not to be necessary to end
the overfishing of red snapper (76 FR
23728, April 28, 2011). At its June 2012
meeting, the Council received new
information from NMFS regarding
discard estimates for red snapper. Using
these data, the Council and NMFS
determined that a limited season for red
snapper was possible in 2012. At the
Council’s request, NMFS implemented
emergency rulemaking to allow for the
limited harvest and possession of red
snapper in or from the South Atlantic
EEZ in 2012 (77 FR 51939, August 28,
2012).
Status of the Stock
The most recent Southeast Data,
Assessment, and Review (SEDAR)
benchmark stock assessment for red
snapper, SEDAR 24, was completed in
October 2010. Much like the stock
assessment completed in 2008, this
assessment showed red snapper to be
overfished and undergoing overfishing,
but also showed that red snapper were
undergoing overfishing at a lower rate
than found in the 2008 stock
assessment. The next benchmark stock
assessment for red snapper is scheduled
for 2014.
Actions Contained in Amendment 28
Amendment 28 would implement
several management measures to allow
for the limited harvest and possession of
red snapper in or from the South
Atlantic EEZ. When the Council
approved, and NMFS implemented, the
temporary rule through emergency
action in 2012, they determined that
retention of a limited number of red
snapper (13,097 fish) would not
jeopardize the rebuilding of the red
snapper stock if the acceptable
biological catch (ABC) was not exceeded
in the previous year. In Amendment 28,
the Council has made a similar
determination depending on certain
conditions, beginning in 2013.
Process for Determining the Annual Red
Snapper Harvest
Amendment 28 describes the annual
process developed by the Council for
determining whether a limited fishing
season for red snapper will occur and
how much red snapper may be
harvested. The ABC is determined
through the Council’s ABC control rule
and the rebuilding projections from the
most recent stock assessment. Estimated
landings and dead discards of red
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15673
snapper from the previous year should
be available around March of each year,
and NMFS would use that information
in formulas approved by the Council in
Amendment 28. If NMFS determines
that the estimated landings and dead
discards that occurred in the previous
year are equal to or greater than the ABC
for the current year, no harvest would
be allowed and the ACL would remain
equal to zero. However, if NMFS
determines that the previous year’s
estimated landings and dead discards
are less than the ABC, then the ACL
would be set to the amount of harvest
that may be allowed for the current year.
Setting the Commercial and
Recreational Red Snapper Fishing
Seasons
If NMFS determines commercial and
recreational fishing seasons are allowed
for that fishing year, NMFS would
announce the commercial and
recreational fishing season start dates in
the Federal Register and by other
methods, as deemed appropriate. The
commercial fishing season would begin
on the second Monday in July, and the
recreational fishing season would begin
on the second Friday in July. NMFS
would project when the recreational
ACL would be reached and announce
the fishing season end date in the
Federal Register. The recreational
season length would be based on an
evaluation of historical harvest levels
and fishing effort. The recreational
fishing season would consist of
weekends only (Fridays, Saturdays, and
Sundays). NMFS would not announce
the season end date for the commercial
sector before the season starts, but
would close the commercial sector
when the commercial ACL has been
reached or projected to be reached by
filing an in-season closure notification
with the Office of the Federal Register.
After the commercial sector closes, sale
and purchase of red snapper is
prohibited and harvest and possession
of red snapper is limited to the bag and
possession limit.
If the NMFS Regional Administrator
(RA) determines tropical storm or
hurricane conditions exist, or are
projected to exist, in the South Atlantic
during the commercial or recreational
fishing season, Amendment 28 would
allow the RA to modify the opening and
closing dates by filing a notification to
that effect with the Office of the Federal
Register, and announcing via NOAA
Weather Radio and Fishery Bulletin any
change in the red snapper commercial
or recreational fishing seasons. If the
projected commercial and/or
recreational fishing seasons are
determined by NMFS to be 3 days or
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
less, then the commercial and/or
recreational fishing seasons would not
open for that fishing year.
Formula for Setting the ACLs
Amendment 28 includes a formula for
determining the commercial and
recreational ACLs on an annual basis.
The formula is based on total removals
(landings plus discards) from prior
fishing years. The formula would
provide the total ACL for a limited
fishing season. Then using the current
allocation ratio for red snapper (28.07
percent commercial and 71.93 percent
recreational), NMFS would determine
the commercial and recreational ACLs.
When finalized data from the prior
fishing years are available, NMFS would
publish a notification with the Office of
the Federal Register to announce the
commercial and recreational ACLs for a
limited fishing season for that fishing
year.
pmangrum on DSK3VPTVN1PROD with PROPOSALS
AMs
The Council and NMFS would
establish in-season AMs during a
limited fishing season to prevent these
ACLs from being exceeded. If red
snapper harvest is allowed in a given
fishing year, the commercial in-season
AM requires that if commercial landings
reach or are projected to reach the
commercial ACL, then NMFS would
close the commercial sector for red
snapper for the remainder of the fishing
year. After the commercial sector closes,
sale and purchase of red snapper is
prohibited and harvest and possession
of red snapper is limited to the bag and
possession limit. The recreational inseason AM is the length of the
recreational fishing season as
determined by NMFS and announced in
the Federal Register.
Other Management Measures
In order to reduce the probability of
an overage of the commercial and
recreational ACLs during the limited
open seasons, Amendment 28 would
implement a 75-lb (34-kg) commercial
trip limit and a 1-fish per person
recreational bag limit. Amendment 28
would also remove the 20-inch (51-cm),
total length (TL), minimum size limit for
both the commercial and recreational
sectors to decrease regulatory discards
of red snapper (fish returned to the
water because they are below the
minimum size limit).
A proposed rule that would
implement measures outlined in
Amendment 28 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating Amendment 28
to determine whether it is consistent
with the FMP, the Magnuson-Stevens
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Act, and other applicable law. If the
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The Councils submitted Amendment
28 for Secretarial review, approval, and
implementation. NMFS’ decision to
approve, partially approve, or
disapprove Amendment 28 will be
based, in part, on consideration of
comments, recommendations, and
information received during the
comment period on this notice of
availability.
Public comments received by 5 p.m.
eastern time, on May 13, 2013, will be
considered by NMFS in the approval/
disapproval decision regarding
Amendment 28.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–05644 Filed 3–11–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130103002–3185–01]
RIN 0648–BC85
Fisheries of the Northeastern United
States; Proposed 2013–2015 Spiny
Dogfish Fishery Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rule proposes catch
limits, commercial quotas, and
possession limits for the spiny dogfish
fishery for the 2013–2015 fishing years.
The proposed action was developed by
the Mid-Atlantic and New England
Fishery Management Councils pursuant
to the fishery specification requirements
of the Spiny Dogfish Fishery
Management Plan. The proposed
management measures are supported by
the best available scientific information
and reflect recent increases in spiny
dogfish biomass. The proposed action is
expected to result in positive economic
impacts for the spiny dogfish fishery
while maintaining the conservation
SUMMARY:
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objectives of the Spiny Dogfish Fishery
Management Plan.
DATES: Comments must be received on
or before March 27, 2013.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2013–0044,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130044, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
John Bullard, Regional Administrator,
NMFS, Northeast Regional Office, 55
Great Republic Drive, Gloucester, MA
01930.
• Fax: (978) 281–9135, Attn: Tobey
Curtis.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publically accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Copies of the specifications
document, including the Environmental
Assessment and Initial Regulatory
Flexibility Analysis (EA/IRFA) and
other supporting documents for the
specifications, are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N.
State Street, Dover, DE 19901. The
specifications document is also
accessible via the Internet at: https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
In 1998, NMFS declared Spiny
dogfish (Squalus acanthias) overfished.
Consequently, the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) required
NMFS to prepare measures to end
overfishing and rebuild the spiny
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]]>Agencies
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Proposed Rules]
[Pages 15672-15674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05644]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BC63
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 28
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 28 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. Amendment 28 proposes actions to
establish a process for determining whether the limited harvest and
possession of red snapper in or from the South Atlantic exclusive
economic zone (EEZ) could occur during a given fishing year. Amendment
28 specifies the process and formula for setting commercial and
recreational annual catch limits (ACLs) for red snapper if a limited
fishing season may occur and specifies accountability measures (AMs).
Amendment 28 also proposes during a limited fishing season to eliminate
the current red snapper minimum size limit, establish a recreational
bag limit and a commercial trip limit for red snapper, and establish a
process for setting commercial and recreational fishing seasons for red
snapper beginning in 2013. The intent of Amendment 28 is to continue
the rebuilding of the red snapper stock and to provide socio-economic
benefits to snapper-grouper fishermen and communities that utilize the
red snapper resource.
DATES: Written comments must be received on or before May 13, 2013.
ADDRESSES: You may submit comments on Amendment 28 identified by
``NOAA-NMFS-2013-0040'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0040, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
[[Page 15673]]
Mail: Submit written comments to Rick DeVictor, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendment 28, which includes an environmental
assessment, a regulatory flexibility analysis, and a regulatory impact
review, may be obtained from the Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sf/pdfs/SGAmend28.pdf.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, telephone: 727-824-5305, or email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes red snapper, 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 Magnuson-Stevens Act. The
Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or
amendment, publish an announcement in the Federal Register notifying
the public that the plan or amendment is available for review and
comment.
Background
Red snapper are overfished and undergoing overfishing. The harvest
and possession of red snapper has been prohibited since January 4,
2010, initially through temporary rules (74 FR 63673, December 4, 2009
and 75 FR 27658, May 18, 2010), and then through the final rule to
implement Amendment 17A to the FMP (75 FR 76874, December 9, 2010).
Amendment 17A continued the prohibition on a permanent basis by
implementing an ACL for red snapper of zero (landings only). Amendment
17A also implemented a rebuilding plan for red snapper, which specifies
that red snapper biomass must increase to the target rebuilt level in
35 years, starting from 2010. The final rule implementing Amendment 17A
also included a large area closure for most snapper-grouper species,
however, this area closure did not become effective because it was
determined not to be necessary to end the overfishing of red snapper
(76 FR 23728, April 28, 2011). At its June 2012 meeting, the Council
received new information from NMFS regarding discard estimates for red
snapper. Using these data, the Council and NMFS determined that a
limited season for red snapper was possible in 2012. At the Council's
request, NMFS implemented emergency rulemaking to allow for the limited
harvest and possession of red snapper in or from the South Atlantic EEZ
in 2012 (77 FR 51939, August 28, 2012).
Status of the Stock
The most recent Southeast Data, Assessment, and Review (SEDAR)
benchmark stock assessment for red snapper, SEDAR 24, was completed in
October 2010. Much like the stock assessment completed in 2008, this
assessment showed red snapper to be overfished and undergoing
overfishing, but also showed that red snapper were undergoing
overfishing at a lower rate than found in the 2008 stock assessment.
The next benchmark stock assessment for red snapper is scheduled for
2014.
Actions Contained in Amendment 28
Amendment 28 would implement several management measures to allow
for the limited harvest and possession of red snapper in or from the
South Atlantic EEZ. When the Council approved, and NMFS implemented,
the temporary rule through emergency action in 2012, they determined
that retention of a limited number of red snapper (13,097 fish) would
not jeopardize the rebuilding of the red snapper stock if the
acceptable biological catch (ABC) was not exceeded in the previous
year. In Amendment 28, the Council has made a similar determination
depending on certain conditions, beginning in 2013.
Process for Determining the Annual Red Snapper Harvest
Amendment 28 describes the annual process developed by the Council
for determining whether a limited fishing season for red snapper will
occur and how much red snapper may be harvested. The ABC is determined
through the Council's ABC control rule and the rebuilding projections
from the most recent stock assessment. Estimated landings and dead
discards of red snapper from the previous year should be available
around March of each year, and NMFS would use that information in
formulas approved by the Council in Amendment 28. If NMFS determines
that the estimated landings and dead discards that occurred in the
previous year are equal to or greater than the ABC for the current
year, no harvest would be allowed and the ACL would remain equal to
zero. However, if NMFS determines that the previous year's estimated
landings and dead discards are less than the ABC, then the ACL would be
set to the amount of harvest that may be allowed for the current year.
Setting the Commercial and Recreational Red Snapper Fishing Seasons
If NMFS determines commercial and recreational fishing seasons are
allowed for that fishing year, NMFS would announce the commercial and
recreational fishing season start dates in the Federal Register and by
other methods, as deemed appropriate. The commercial fishing season
would begin on the second Monday in July, and the recreational fishing
season would begin on the second Friday in July. NMFS would project
when the recreational ACL would be reached and announce the fishing
season end date in the Federal Register. The recreational season length
would be based on an evaluation of historical harvest levels and
fishing effort. The recreational fishing season would consist of
weekends only (Fridays, Saturdays, and Sundays). NMFS would not
announce the season end date for the commercial sector before the
season starts, but would close the commercial sector when the
commercial ACL has been reached or projected to be reached by filing an
in-season closure notification with the Office of the Federal Register.
After the commercial sector closes, sale and purchase of red snapper is
prohibited and harvest and possession of red snapper is limited to the
bag and possession limit.
If the NMFS Regional Administrator (RA) determines tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic during the commercial or recreational fishing season,
Amendment 28 would allow the RA to modify the opening and closing dates
by filing a notification to that effect with the Office of the Federal
Register, and announcing via NOAA Weather Radio and Fishery Bulletin
any change in the red snapper commercial or recreational fishing
seasons. If the projected commercial and/or recreational fishing
seasons are determined by NMFS to be 3 days or
[[Page 15674]]
less, then the commercial and/or recreational fishing seasons would not
open for that fishing year.
Formula for Setting the ACLs
Amendment 28 includes a formula for determining the commercial and
recreational ACLs on an annual basis. The formula is based on total
removals (landings plus discards) from prior fishing years. The formula
would provide the total ACL for a limited fishing season. Then using
the current allocation ratio for red snapper (28.07 percent commercial
and 71.93 percent recreational), NMFS would determine the commercial
and recreational ACLs. When finalized data from the prior fishing years
are available, NMFS would publish a notification with the Office of the
Federal Register to announce the commercial and recreational ACLs for a
limited fishing season for that fishing year.
AMs
The Council and NMFS would establish in-season AMs during a limited
fishing season to prevent these ACLs from being exceeded. If red
snapper harvest is allowed in a given fishing year, the commercial in-
season AM requires that if commercial landings reach or are projected
to reach the commercial ACL, then NMFS would close the commercial
sector for red snapper for the remainder of the fishing year. After the
commercial sector closes, sale and purchase of red snapper is
prohibited and harvest and possession of red snapper is limited to the
bag and possession limit. The recreational in-season AM is the length
of the recreational fishing season as determined by NMFS and announced
in the Federal Register.
Other Management Measures
In order to reduce the probability of an overage of the commercial
and recreational ACLs during the limited open seasons, Amendment 28
would implement a 75-lb (34-kg) commercial trip limit and a 1-fish per
person recreational bag limit. Amendment 28 would also remove the 20-
inch (51-cm), total length (TL), minimum size limit for both the
commercial and recreational sectors to decrease regulatory discards of
red snapper (fish returned to the water because they are below the
minimum size limit).
A proposed rule that would implement measures outlined in Amendment
28 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS
is evaluating Amendment 28 to determine whether it is consistent with
the FMP, the Magnuson-Stevens Act, and other applicable law. If the
determination is affirmative, NMFS will publish the proposed rule in
the Federal Register for public review and comment.
Consideration of Public Comments
The Councils submitted Amendment 28 for Secretarial review,
approval, and implementation. NMFS' decision to approve, partially
approve, or disapprove Amendment 28 will be based, in part, on
consideration of comments, recommendations, and information received
during the comment period on this notice of availability.
Public comments received by 5 p.m. eastern time, on May 13, 2013,
will be considered by NMFS in the approval/disapproval decision
regarding Amendment 28.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-05644 Filed 3-11-13; 8:45 am]
BILLING CODE 3510-22-P
