Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Reef Fish Management Measures, 26607-26610 [2013-10699]
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules
described in the application submitted
under § 217.116 will be undertaken and
that there will not be a substantial
modification to the described work,
mitigation or monitoring undertaken
during the upcoming period of validity;
(2) Timely receipt (by the dates
indicated in the Letter of Authorization
issued under this subpart) of the
monitoring report required under
§ 217.115(f); and
(3) A determination by the National
Marine Fisheries Service that the
mitigation, monitoring and reporting
measures required under § 217.114 and
the Letter of Authorization issued under
§§ 216.106 and 217.117 of this chapter,
were undertaken and will be undertaken
during the upcoming period of validity
of a renewed Letter of Authorization.
(b) If a request for a renewal of a
Letter of Authorization issued under
§§ 216.106 and 217.118 of this chapter
indicates that a substantial modification
to the described work, mitigation,
monitoring or research undertaken
during the upcoming season will occur,
the National Marine Fisheries Service
will provide the public a period of 30
days for review and seek comment on:
(1) New cited information and data
that indicates that the determinations
made for promulgating these regulations
are in need of reconsideration, and
(2) Proposed changes to the
mitigation, monitoring and research
requirements contained in these
regulations or in the current Letter of
Authorization.
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 217.119 Modifications to Letters of
Authorization.
(a) Except as provided in paragraphs
(b) and (c) of this section, no substantive
modification (including withdrawal or
suspension) to a Letter of Authorization
issued pursuant to §§ 216.106 and 217.
117 of this chapter shall be made until
after notification and an opportunity for
public comment has been provided. For
purposes of this paragraph, a renewal of
a Letter of Authorization under
§ 217.118, without modification (except
for the period of validity), is not
considered a substantive modification.
(b) NMFS in response to new
information and in consultation with
Eglin AFB, may modify the mitigation
or monitoring measures in LOAs if
doing so creates a reasonable likelihood
of more effectively accomplishing the
goals of mitigation and monitoring.
Below are some of the possible sources
of new data that could contribute to the
decision to modify the mitigation or
monitoring measures:
(1) Results from Eglin AFB’s
monitoring from the previous year
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(either from the EGTTR or other
locations).
(2) Results from specific stranding
investigations.
(3) Results from general marine
mammals and sound research.
(4) Any information that reveals
marine mammals may have been taken
in a manner, extent, or number not
anticipated by these regulations or
Letters of Authorization.
(c) If the Assistant Administrator
determines that an emergency exists
that poses a significant risk to the wellbeing of the species or stocks of marine
mammals specified in § 217.112(c), a
Letter of Authorization issued pursuant
to §§ 216.106 and 217.117 of this
chapter may be substantively modified
without prior notification and an
opportunity for public comment.
Notification will be published in the
Federal Register within 30 days
subsequent to the action.
[FR Doc. 2013–10700 Filed 5–6–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120907427–3403–01]
RIN 0648–BC51
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Reef
Fish Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement management measures
described in a framework action to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council). If implemented, this rule
would revise the vermilion snapper
recreational bag limit, revise the
yellowtail snapper stock annual catch
limit (ACL), and remove the
requirement for reef fish vessels to have
onboard and use a venting tool. This
proposed rule is intended to help
achieve optimum yield (OY) and
prevent overfishing of vermilion and
yellowtail snappers, reduce the
regulatory burden to fishers associated
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with venting reef fish, and minimize
bycatch and bycatch mortality.
DATES: Written comments must be
received on or before June 6, 2013.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2013–0038’’, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130038, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, 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 the framework
action, which includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Act analysis, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/
GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, OY from
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules
federally managed fish stocks. The
Magnuson-Stevens Act also requires
that management measures shall, to the
extent practicable, minimize bycatch
and bycatch mortality. The reauthorized
Magnuson-Stevens Act, as amended
through January 12, 2007, requires the
councils to establish ACLs for each
stock/stock complex as well as
accountability measures (AMs) to
ensure that these ACLs are not
exceeded. This proposed rule addresses
these requirements by: (1) Establishing a
10-vermilion snapper recreational bag
limit within the 20-fish aggregate reef
fish bag limit; (2) increasing the Gulf
yellowtail snapper ACL from 725,000 lb
(328,855 kg), round weight, to 901,125
lb (408,743 kg), round weight; and (3)
removing the requirement to have
onboard and use venting tools when
releasing reef fish. All weights
discussed in this proposed rule are in
round weight.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
yellowtail snapper stock ACL, revise the
vermilion snapper recreational bag
limit, and remove the requirement for a
Gulf reef fish vessel to have a venting
tool onboard and for it to be used for
venting reef fish.
Vermilion Snapper Recreational Bag
Limit
Vermilion snapper are currently
included within the Gulf reef fish
aggregate recreational bag limit of 20
fish. The Council’s Reef Fish Advisory
Panel (RFAP) recommended that the
Council take action to constrain the
recreational harvest of vermilion
snapper because of significant recent
increases in recreational landings. In
2011, recreational landings were
approximately 1.15 million lb (521,631
kg), compared to 457,000 lb (207,292 kg)
in 2010. The Council decided that the
vermilion snapper bag limit should be
restricted to 10 fish within the overall
20-fish aggregate reef fish bag limit to
help constrain vermilion snapper
recreational harvest.
The Council reasoned that while the
proposed 10-fish bag limit would not
necessarily reduce the current overall
recreational harvest of vermilion
snapper, it would serve to prevent the
recreational harvest from increasing at a
rate that could result in the vermilion
snapper stock ACL being met before the
end of the fishing year. If this occurred,
AMs would be triggered that would
close the recreational sector for
vermilion snapper for the remainder of
the fishing year. Additionally, this
proposed bag limit is consistent with
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the vermilion snapper bag limit
implemented by the Florida Fish and
Wildlife Conservation Commission. The
revised bag limit would help to
constrain recreational harvests to
minimize the opportunity for ACL to be
exceeded by slowing the rate of
potential future increases in the
recreational harvest.
Yellowtail Snapper ACL
In the Gulf, the yellowtail snapper
ACL is not allocated between the
commercial and recreational sectors but
is managed with a single stock ACL.
Additionally, because yellowtail
snapper in the U.S. comprise a single
stock, landings from both the South
Atlantic and Gulf regions are combined
for stock assessment purposes. The
resulting acceptable biological catch
(ABC) is allocated among both regions
with 75 percent of the ABC assigned to
South Atlantic jurisdiction and 25
percent of the ABC to Gulf jurisdiction.
Currently, the stock ABC is 2.9 million
lb (1.3 million kg), with 725,000 lb
(328,855 kg) allocated to the Gulf. This
Gulf ABC value is used to determine the
Gulf yellowtail snapper stock ACL,
where the ACL is equal to the ABC,
which was established through the
Gulf’s Generic ACL/AM Amendment
(76 FR 82044, December 29, 2011).
In 2012, the Florida Fish and Wildlife
Research Institute (FWRI) conducted a
benchmark stock assessment of
yellowtail snapper. The assessment was
reviewed by the Scientific and
Statistical Committees (SSCs) of both
the Gulf Council and the South Atlantic
Fishery Management Council. The
assessment indicated that the yellowtail
snapper stock was not overfished or
undergoing overfishing. As a result of
that stock status and the fact that the
yellowtail snapper biomass is greater
than what is needed to support
harvesting at the maximum sustainable
yield, both Councils SSCs determined
the yellowtail snapper ABC would be
based on equilibrium harvest levels that
remain constant and do not fluctuate
from year to year. Therefore, the SSCs
agreed to set the overall stock ABC at
4.05 million lb (1.94 million kg). Using
the 25 percent Gulf allocation of the
overall stock ABC, the ABC for the Gulf
was determined to be 1.0125 million lb
(0.4593 million kg).
The Council considered three
alternatives in setting the Gulf
yellowtail snapper ACL. These were: (1)
Maintaining the ACL at its current level;
(2) setting the ACL equal to the Gulf
allocation of the ABC; or (3) applying
the Council’s ACL control rule to the
ABC to account for management
uncertainty. The Council decided to
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apply the ACL control rule which
reduced the ACL by 11 percent from the
Gulf allocation of the ABC. This
resulted in a proposed Gulf stock ACL
of 901,125 lb (408,743 kg).
Venting Tools
A venting tool is a device intended to
deflate the abdominal cavity of a fish in
order to release the fish with minimal
damage. Currently, Gulf reef fishermen
must possess venting tools onboard and
use them when releasing reef fish. This
measure was implemented through
Amendment 27 to the FMP (73 FR 5117,
January 29, 2008). The venting tool
requirement was implemented to reduce
bycatch and discard mortality in the reef
fish fishery. However, several recent
scientific studies have questioned the
usefulness of venting tools in preventing
discard mortality in fish, particularly
those caught in deep waters. In
addition, some fish caught in shallow
waters may not need to be vented, and
attempts at venting may damage fish by
improper venting techniques and
increased handling time while the fish
are out of the water. Finally, the current
requirement to use a venting tool may
prevent fishermen from using other
devices such as fish descenders, which
are devices that take the fish back to
depth without puncturing them.
Because of these factors, the Council
voted to remove the venting tool
requirement for the Gulf reef fishery.
This would provide fishermen with
more discretion when they release reef
fish but does not prohibit the use of
venting tools or other release devices by
fishers.
Additional Management Measure
Contained in the Framework Action
Vermilion snapper are not allocated
between the commercial and
recreational sectors in the Gulf and are
managed with a single stock ACL. The
current ACL for the Gulf vermilion
snapper stock is 3.42 million lb (1.55
million kg) and was set through the the
Gulf’s Generic ACL/AM Amendment
(76 FR 82044, December 29, 2011). This
ACL was established based on 1999–
2008 landings data and was adjusted to
account for scientific and management
uncertainty per the Council’s ABC and
ACL control rules developed in the
Generic ACL/AM Amendment.
In 2011, a vermilion snapper update
stock assessment was performed
through the Southeast Data, Assessment,
and Review (SEDAR) process (SEDAR
Update 2011c). This assessment used
data up through 2010. The assessment
indicated that the stock was not
overfished nor undergoing overfishing.
Based on the SEDAR update assessment,
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Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules
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the Council’s SSC recommended that
the vermilion snapper stock ABC be set
at 4.41 million lb (2.00 million kg) in
2013, 4.34 million lb (1.97 million kg)
in 2014, and 4.33 million lb (1.96
million kg) in 2015, 2016, and
subsequent years.
The Council reviewed several
alternatives for setting the Gulf
vermilion snapper stock ACL that
ranged from maintaining it at the
current 3.42 million lb (1.55 million kg)
to setting it equal to the ABC. The RFAP
and public testimony from vermilion
snapper fishermen to the Council
indicated that the stock condition
appeared to be declining in recent years.
Given this information, and considering
that the last year of data used in the
update assessment was 2010, the
Council recommended, as a precaution,
not to increase the vermilion snapper
stock ACL at this time. Therefore the
vermilion snapper stock ACL will
remain at 3.42 million lb (1.55 million
kg).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the framework action, the FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this rule, if implemented, would
not have a significant adverse economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows:
The purposes of this rule are: (1) To
adjust the ACL for the yellowtail
snapper stock consistent with the ABC
recommendations of the SSC; (2) set the
vermilion snapper recreational bag limit
at a level that minimizes the risk of
overfishing by the recreational sector;
and (3) modify the regulations requiring
possession and use of venting tools by
the reef fish fishery to minimize bycatch
and bycatch mortality. The framework
action also considered adjusting the
ACL for vermilion snapper; however,
the Council voted to retain the current
ACL for this species. The need for the
proposed actions is to prevent
overfishing while achieving the OY of
vermilion and yellowtail snapper on a
continuing basis and to the extent
practicable, and to minimize bycatch
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and the mortality of released fish in the
reef fish fishery. The Magnuson-Stevens
Act provides the statutory basis for the
proposed action.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
The rule would apply directly to
businesses in the Finfish Fishing
Industry (NAICS 114111) that harvest
vermilion snapper and yellowtail
snapper in Gulf Federal waters. As of
November 2012, there were 814
individuals with a Gulf of Mexico
Commercial Reef Fish Permit. These 814
individuals are presumed to represent
814 businesses in the Finfish Fishing
Industry that would be affected by this
rule. According to SBA Size Standards,
a business in the Finfish Fishing
Industry is a small business if its annual
receipts are less than $4 million. NMFS
presumes for this rule that a substantial
number of the 814 businesses are small
businesses.
This rule would not establish any new
reporting or recordkeeping
requirements. The preferred alternative
(the no action alternative) for the action
to revise the vermilion snapper stock
ACL would maintain the vermilion
snapper ACL at its current value;
therefore, this action would have no
beneficial or adverse economic impact
beyond the status quo. The preferred
alternative for the action to revise the
vermilion snapper recreational bag limit
would reduce the number of vermilion
snapper that recreational fishermen can
land within the daily aggregate reef fish
recreational bag limit, so it would have
no direct impact on commercial fishing
businesses. The preferred alternative for
the action to revise the yellowtail
snapper stock ACL would increase the
yellowtail snapper stock ACL from
725,000 lb (328,855 kg) to 901,125 lb
(408,743 kg), an increase of 176,125 lb
(79,889 kg, which would allow for
increased landings of and revenues from
yellowtail snapper. The preferred
alternative for the reef fish venting tool
requirement action would remove the
need to have a venting tool onboard and
to be used when releasing reef fish. This
would then eliminate the time and cost
of acquiring, learning how to use, and
using a venting tool. Consequently, the
combined proposed actions would not
have a significant adverse economic
impact on a substantial number of small
businesses because they are expected to
generate a net economic benefit to small
businesses.
The alternatives the Council did not
select for the action to revise the
vermilion snapper stock ACL would
increase the ACL for vermilion snapper,
which would generate larger short-term
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economic benefits, but likely smaller
long-term economic benefits than the
preferred alternative.
One considered but rejected
alternative for the action to revise the
yellowtail snapper stock ACL would
allow for smaller increases in yellowtail
snapper landings, and therefore, would
generate smaller potential net economic
benefits than the preferred alternative.
Another considered but rejected
alternative would have allowed for
larger increases in yellowtail snapper
landings, and would have generated
larger potential net economic benefits in
the short-run; however, it could have
smaller net economic benefits in the
long-run.
Lastly, the considered but rejected
alternatives for the reef fish venting tool
requirements, would retain all or part of
the economic costs of complying with
the current venting requirement, and
therefore would have less economic
benefit than the preferred alternative.
This rule would not be expected to
significantly reduce the profits of any
small entities. Because this rule, if
implemented, is not expected to have
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Incorporation by
reference, Puerto Rico, Reporting and
recordkeeping requirements, Virgin
Islands.
Dated: April 30, 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.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be 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.
2. In § 622.30, paragraph (c) is
removed and the introductory paragraph
is revised to read as follows:
■
§ 622.30
Required fishing gear.
For a person on board a vessel to fish
for Gulf reef fish in the Gulf EEZ, the
vessel must possess on board and such
person must use the gear as specified in
paragraphs (a) and (b) of this section.
*
*
*
*
*
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3. In § 622.38, paragraph (b)(5) is
revised to read as follows:
■
§ 622.38
Bag and possession limits.
*
*
*
*
(b) * * *
(5) Gulf reef fish, combined, excluding
those specified in paragraphs (b)(1)
through (b)(4) and paragraphs (b)(6)
through (b)(7) of this section—20. In
emcdonald on DSK67QTVN1PROD with PROPOSALS
*
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addition, within the 20-fish aggregate
reef fish bag limit, no more than 2 fish
may be gray triggerfish and no more
than 10 fish may be vermilion snapper.
*
*
*
*
*
■ 4. In § 622.41, the second sentence of
paragraph (n) is revised to read as
follows:
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§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(n) * * * The stock ACL for
yellowtail snapper is 901,125 lb
(408,743 kg), round weight.
*
*
*
*
*
[FR Doc. 2013–10699 Filed 5–6–13; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26607-26610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10699]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120907427-3403-01]
RIN 0648-BC51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Reef Fish Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement management measures
described in a framework action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management Council (Council). If implemented,
this rule would revise the vermilion snapper recreational bag limit,
revise the yellowtail snapper stock annual catch limit (ACL), and
remove the requirement for reef fish vessels to have onboard and use a
venting tool. This proposed rule is intended to help achieve optimum
yield (OY) and prevent overfishing of vermilion and yellowtail
snappers, reduce the regulatory burden to fishers associated with
venting reef fish, and minimize bycatch and bycatch mortality.
DATES: Written comments must be received on or before June 6, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2013-0038'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0038, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, 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 the framework action, which includes an
environmental assessment, regulatory impact review, and Regulatory
Flexibility Act analysis, may be obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
NMFS, telephone 727-824-5305; email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf 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).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, OY from
[[Page 26608]]
federally managed fish stocks. The Magnuson-Stevens Act also requires
that management measures shall, to the extent practicable, minimize
bycatch and bycatch mortality. The reauthorized Magnuson-Stevens Act,
as amended through January 12, 2007, requires the councils to establish
ACLs for each stock/stock complex as well as accountability measures
(AMs) to ensure that these ACLs are not exceeded. This proposed rule
addresses these requirements by: (1) Establishing a 10-vermilion
snapper recreational bag limit within the 20-fish aggregate reef fish
bag limit; (2) increasing the Gulf yellowtail snapper ACL from 725,000
lb (328,855 kg), round weight, to 901,125 lb (408,743 kg), round
weight; and (3) removing the requirement to have onboard and use
venting tools when releasing reef fish. All weights discussed in this
proposed rule are in round weight.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the yellowtail snapper stock ACL,
revise the vermilion snapper recreational bag limit, and remove the
requirement for a Gulf reef fish vessel to have a venting tool onboard
and for it to be used for venting reef fish.
Vermilion Snapper Recreational Bag Limit
Vermilion snapper are currently included within the Gulf reef fish
aggregate recreational bag limit of 20 fish. The Council's Reef Fish
Advisory Panel (RFAP) recommended that the Council take action to
constrain the recreational harvest of vermilion snapper because of
significant recent increases in recreational landings. In 2011,
recreational landings were approximately 1.15 million lb (521,631 kg),
compared to 457,000 lb (207,292 kg) in 2010. The Council decided that
the vermilion snapper bag limit should be restricted to 10 fish within
the overall 20-fish aggregate reef fish bag limit to help constrain
vermilion snapper recreational harvest.
The Council reasoned that while the proposed 10-fish bag limit
would not necessarily reduce the current overall recreational harvest
of vermilion snapper, it would serve to prevent the recreational
harvest from increasing at a rate that could result in the vermilion
snapper stock ACL being met before the end of the fishing year. If this
occurred, AMs would be triggered that would close the recreational
sector for vermilion snapper for the remainder of the fishing year.
Additionally, this proposed bag limit is consistent with the vermilion
snapper bag limit implemented by the Florida Fish and Wildlife
Conservation Commission. The revised bag limit would help to constrain
recreational harvests to minimize the opportunity for ACL to be
exceeded by slowing the rate of potential future increases in the
recreational harvest.
Yellowtail Snapper ACL
In the Gulf, the yellowtail snapper ACL is not allocated between
the commercial and recreational sectors but is managed with a single
stock ACL. Additionally, because yellowtail snapper in the U.S.
comprise a single stock, landings from both the South Atlantic and Gulf
regions are combined for stock assessment purposes. The resulting
acceptable biological catch (ABC) is allocated among both regions with
75 percent of the ABC assigned to South Atlantic jurisdiction and 25
percent of the ABC to Gulf jurisdiction. Currently, the stock ABC is
2.9 million lb (1.3 million kg), with 725,000 lb (328,855 kg) allocated
to the Gulf. This Gulf ABC value is used to determine the Gulf
yellowtail snapper stock ACL, where the ACL is equal to the ABC, which
was established through the Gulf's Generic ACL/AM Amendment (76 FR
82044, December 29, 2011).
In 2012, the Florida Fish and Wildlife Research Institute (FWRI)
conducted a benchmark stock assessment of yellowtail snapper. The
assessment was reviewed by the Scientific and Statistical Committees
(SSCs) of both the Gulf Council and the South Atlantic Fishery
Management Council. The assessment indicated that the yellowtail
snapper stock was not overfished or undergoing overfishing. As a result
of that stock status and the fact that the yellowtail snapper biomass
is greater than what is needed to support harvesting at the maximum
sustainable yield, both Councils SSCs determined the yellowtail snapper
ABC would be based on equilibrium harvest levels that remain constant
and do not fluctuate from year to year. Therefore, the SSCs agreed to
set the overall stock ABC at 4.05 million lb (1.94 million kg). Using
the 25 percent Gulf allocation of the overall stock ABC, the ABC for
the Gulf was determined to be 1.0125 million lb (0.4593 million kg).
The Council considered three alternatives in setting the Gulf
yellowtail snapper ACL. These were: (1) Maintaining the ACL at its
current level; (2) setting the ACL equal to the Gulf allocation of the
ABC; or (3) applying the Council's ACL control rule to the ABC to
account for management uncertainty. The Council decided to apply the
ACL control rule which reduced the ACL by 11 percent from the Gulf
allocation of the ABC. This resulted in a proposed Gulf stock ACL of
901,125 lb (408,743 kg).
Venting Tools
A venting tool is a device intended to deflate the abdominal cavity
of a fish in order to release the fish with minimal damage. Currently,
Gulf reef fishermen must possess venting tools onboard and use them
when releasing reef fish. This measure was implemented through
Amendment 27 to the FMP (73 FR 5117, January 29, 2008). The venting
tool requirement was implemented to reduce bycatch and discard
mortality in the reef fish fishery. However, several recent scientific
studies have questioned the usefulness of venting tools in preventing
discard mortality in fish, particularly those caught in deep waters. In
addition, some fish caught in shallow waters may not need to be vented,
and attempts at venting may damage fish by improper venting techniques
and increased handling time while the fish are out of the water.
Finally, the current requirement to use a venting tool may prevent
fishermen from using other devices such as fish descenders, which are
devices that take the fish back to depth without puncturing them.
Because of these factors, the Council voted to remove the venting tool
requirement for the Gulf reef fishery. This would provide fishermen
with more discretion when they release reef fish but does not prohibit
the use of venting tools or other release devices by fishers.
Additional Management Measure Contained in the Framework Action
Vermilion snapper are not allocated between the commercial and
recreational sectors in the Gulf and are managed with a single stock
ACL. The current ACL for the Gulf vermilion snapper stock is 3.42
million lb (1.55 million kg) and was set through the the Gulf's Generic
ACL/AM Amendment (76 FR 82044, December 29, 2011). This ACL was
established based on 1999-2008 landings data and was adjusted to
account for scientific and management uncertainty per the Council's ABC
and ACL control rules developed in the Generic ACL/AM Amendment.
In 2011, a vermilion snapper update stock assessment was performed
through the Southeast Data, Assessment, and Review (SEDAR) process
(SEDAR Update 2011c). This assessment used data up through 2010. The
assessment indicated that the stock was not overfished nor undergoing
overfishing. Based on the SEDAR update assessment,
[[Page 26609]]
the Council's SSC recommended that the vermilion snapper stock ABC be
set at 4.41 million lb (2.00 million kg) in 2013, 4.34 million lb (1.97
million kg) in 2014, and 4.33 million lb (1.96 million kg) in 2015,
2016, and subsequent years.
The Council reviewed several alternatives for setting the Gulf
vermilion snapper stock ACL that ranged from maintaining it at the
current 3.42 million lb (1.55 million kg) to setting it equal to the
ABC. The RFAP and public testimony from vermilion snapper fishermen to
the Council indicated that the stock condition appeared to be declining
in recent years. Given this information, and considering that the last
year of data used in the update assessment was 2010, the Council
recommended, as a precaution, not to increase the vermilion snapper
stock ACL at this time. Therefore the vermilion snapper stock ACL will
remain at 3.42 million lb (1.55 million kg).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule, if implemented, would not have a
significant adverse economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
The purposes of this rule are: (1) To adjust the ACL for the
yellowtail snapper stock consistent with the ABC recommendations of the
SSC; (2) set the vermilion snapper recreational bag limit at a level
that minimizes the risk of overfishing by the recreational sector; and
(3) modify the regulations requiring possession and use of venting
tools by the reef fish fishery to minimize bycatch and bycatch
mortality. The framework action also considered adjusting the ACL for
vermilion snapper; however, the Council voted to retain the current ACL
for this species. The need for the proposed actions is to prevent
overfishing while achieving the OY of vermilion and yellowtail snapper
on a continuing basis and to the extent practicable, and to minimize
bycatch and the mortality of released fish in the reef fish fishery.
The Magnuson-Stevens Act provides the statutory basis for the proposed
action.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The rule would apply directly to businesses in the Finfish Fishing
Industry (NAICS 114111) that harvest vermilion snapper and yellowtail
snapper in Gulf Federal waters. As of November 2012, there were 814
individuals with a Gulf of Mexico Commercial Reef Fish Permit. These
814 individuals are presumed to represent 814 businesses in the Finfish
Fishing Industry that would be affected by this rule. According to SBA
Size Standards, a business in the Finfish Fishing Industry is a small
business if its annual receipts are less than $4 million. NMFS presumes
for this rule that a substantial number of the 814 businesses are small
businesses.
This rule would not establish any new reporting or recordkeeping
requirements. The preferred alternative (the no action alternative) for
the action to revise the vermilion snapper stock ACL would maintain the
vermilion snapper ACL at its current value; therefore, this action
would have no beneficial or adverse economic impact beyond the status
quo. The preferred alternative for the action to revise the vermilion
snapper recreational bag limit would reduce the number of vermilion
snapper that recreational fishermen can land within the daily aggregate
reef fish recreational bag limit, so it would have no direct impact on
commercial fishing businesses. The preferred alternative for the action
to revise the yellowtail snapper stock ACL would increase the
yellowtail snapper stock ACL from 725,000 lb (328,855 kg) to 901,125 lb
(408,743 kg), an increase of 176,125 lb (79,889 kg, which would allow
for increased landings of and revenues from yellowtail snapper. The
preferred alternative for the reef fish venting tool requirement action
would remove the need to have a venting tool onboard and to be used
when releasing reef fish. This would then eliminate the time and cost
of acquiring, learning how to use, and using a venting tool.
Consequently, the combined proposed actions would not have a
significant adverse economic impact on a substantial number of small
businesses because they are expected to generate a net economic benefit
to small businesses.
The alternatives the Council did not select for the action to
revise the vermilion snapper stock ACL would increase the ACL for
vermilion snapper, which would generate larger short-term economic
benefits, but likely smaller long-term economic benefits than the
preferred alternative.
One considered but rejected alternative for the action to revise
the yellowtail snapper stock ACL would allow for smaller increases in
yellowtail snapper landings, and therefore, would generate smaller
potential net economic benefits than the preferred alternative. Another
considered but rejected alternative would have allowed for larger
increases in yellowtail snapper landings, and would have generated
larger potential net economic benefits in the short-run; however, it
could have smaller net economic benefits in the long-run.
Lastly, the considered but rejected alternatives for the reef fish
venting tool requirements, would retain all or part of the economic
costs of complying with the current venting requirement, and therefore
would have less economic benefit than the preferred alternative.
This rule would not be expected to significantly reduce the profits
of any small entities. Because this rule, if implemented, is not
expected to have significant economic impact on any small entities, an
initial regulatory flexibility analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Incorporation by reference, Puerto Rico,
Reporting and recordkeeping requirements, Virgin Islands.
Dated: April 30, 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.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be 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.
0
2. In Sec. 622.30, paragraph (c) is removed and the introductory
paragraph is revised to read as follows:
Sec. 622.30 Required fishing gear.
For a person on board a vessel to fish for Gulf reef fish in the
Gulf EEZ, the vessel must possess on board and such person must use the
gear as specified in paragraphs (a) and (b) of this section.
* * * * *
[[Page 26610]]
0
3. In Sec. 622.38, paragraph (b)(5) is revised to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(5) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7)
of this section--20. In addition, within the 20-fish aggregate reef
fish bag limit, no more than 2 fish may be gray triggerfish and no more
than 10 fish may be vermilion snapper.
* * * * *
0
4. In Sec. 622.41, the second sentence of paragraph (n) is revised to
read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(n) * * * The stock ACL for yellowtail snapper is 901,125 lb
(408,743 kg), round weight.
* * * * *
[FR Doc. 2013-10699 Filed 5-6-13; 8:45 am]
BILLING CODE 3510-22-P
