Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 13, 36113-36116 [2013-14334]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Rules and Regulations]
[Pages 36113-36116]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14334]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-BC41


Snapper-Grouper Fishery Off the Southern Atlantic States; 
Regulatory Amendment 13

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in a regulatory 
amendment (Regulatory Amendment 13) to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as 
prepared by the South Atlantic Fishery Management Council (Council). 
This final rule revises the annual catch limits (ACLs), including 
sector ACLs, for 37 snapper-grouper species based on updated landings 
data. The purpose of this rule is to ensure that the ACLs are based on 
the best scientific information available, and to prevent unnecessary 
negative socio-economic impacts to participants in the snapper-grouper 
fishery and fishing community that could occur if the ACLs are not 
revised, in accordance with the provisions set forth in the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: This rule is effective July 17, 2013.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes an environmental assessment, regulatory impact review, 
Regulatory Flexibility Act analysis, and fishery impact statement, may 
be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, or email: Nikhil.Mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South

[[Page 36114]]

Atlantic is managed under the FMP and includes 60 species, 37 of which 
are addressed in Regulatory Amendment 13 and this final rule. These 37 
snapper-grouper species do not have stock assessments; their acceptable 
biological catch estimates (ABCs) are greater than zero; and their ABCs 
were specified using a formula established in the Comprehensive ACL 
Amendment. Species in the fishery management unit with stock 
assessments and species with an ABC equal to zero are not addressed in 
Regulatory Amendment 13. For assessed species, adjustments to landings 
data will be made during assessment updates or revisions. Species with 
an ABC of zero are prohibited harvest species and are outside the scope 
of the amendment. The FMP was prepared by the Council and implemented 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Act.
    On March 21, 2013, NMFS published a proposed rule for the 
regulatory amendment and requested public comments (78 FR 17336). The 
proposed rule and the regulatory amendment outline the rationale for 
the actions contained in this final rule. A summary of the actions 
implemented by this final rule are provided below.
    The purpose of this rule and Regulatory Amendment 13 is to revise 
the ABCs, ACLs (including sector ACLs) and annual catch targets (ACTs) 
implemented by the South Atlantic Comprehensive ACL Amendment (77 FR 
15916, March 16, 2012) using improved data. If the ABCs, ACLs 
(including sector ACLs), and ACTs are not updated using the new data, 
there could be a disconnect between how the ACLs were calculated and 
how the landings are calculated to determine if ACLs are met and AMs 
are triggered.

Management Measures Contained in This Final Rule

    This final rule revises ACLs for the following species and species 
complexes: Deep-water complex species (yellowedge grouper, blueline 
tilefish, silk snapper, misty grouper, sand tilefish, queen snapper, 
black snapper, and blackfin snapper); shallow-water groupers (red hind, 
rock hind, yellowmouth grouper, yellowfin grouper, coney, and graysby); 
snappers (gray snapper, lane snapper, cubera snapper, dog snapper, and 
mahogany snapper), jacks (almaco jack, banded rudderfish, and lesser 
amberjack), grunts (white grunt, sailor's choice, tomtate, and 
margate); porgies (jolthead porgy, knobbed porgy, saucereye porgy, 
scup, and whitebone porgy); Atlantic spadefish; blue runner; bar jack; 
gray triggerfish; scamp; and hogfish. NMFS monitors landings throughout 
a fishing season to ensure they do not exceed the ACLs. Because the 
ACLs trigger the AMs that were established in the Comprehensive ACL 
Amendment it is important that data used to calculate the ACLs is 
consistent with the data used to monitor landings.
    The commercial AMs for the species and species complexes in this 
final rule specify that if the commercial ACL for a species or species 
complex is reached or projected to be reached during a fishing year, 
the sector will close for the remainder of that fishing year for that 
species or species complex. If a complex is closed, sale and purchase 
of any species in that complex is prohibited. If a species, or a single 
member of a species complex, is designated as overfished and the 
commercial ACL is exceeded, then during the following fishing year the 
commercial sector ACL would be reduced by the amount of the commercial 
ACL overage in the prior fishing year.
    The recreational AMs for the species and species complexes are as 
follows: If the recreational ACL is exceeded for a species or species 
complex in a fishing year, then during the next fishing year the NMFS 
Regional Administrator will monitor the recreational landings for a 
persistence in increased landings, and will reduce the length of the 
recreational fishing season as necessary to ensure the recreational 
landings do not exceed the recreational ACL.
    This final rule ensures that the methodology used to calculate the 
ACLs is consistent with the methodology used to monitor landings and to 
determine when it is necessary to trigger the AMs.

Additional Measures Contained in Regulatory Amendment 13

    In addition to the ACL revisions in this final rule, Regulatory 
Amendment 13 revises the ABCs and ACTs for these 37 snapper-grouper 
species using the improved data methods as previously described.

Comments and Responses

    A total of 16 comment submissions were received on the proposed 
rule for Regulatory Amendment 13. Comments were received from 
individuals, an environmental organization, a recreational fishing 
association, and a Federal agency. Of the comments received, some were 
generally opposed to any regulations, and others were supportive of the 
action in the regulatory amendment. There were also comments outside 
the scope of this rulemaking. Several of those questioned the species 
groupings and the formula used to establish the ACLs, which were 
actions included in the South Atlantic Comprehensive ACL Amendment and 
are not reconsidered in Regulatory Amendment 13. Specific comments 
related to the actions contained in Regulatory Amendment 13 and NMFS' 
responses are summarized below.
    Comment 1: NMFS states in Regulatory Amendment 13 that the ``best 
scientific information available'' is used. Provide the legal 
definition of the term ``best scientific information available'' and 
the timeline for the revision of National Standard 2.
    Response: National Standard 2 requires that ``conservation and 
management measures shall be based upon the best scientific information 
available,'' 16 U.S.C. 1851(a)(2). The Magnuson-Stevens Act does not 
define the phrase ``best scientific information available'' but NMFS 
has published National Standard 2 guidelines to provide guidance on how 
this phrase should be interpreted in the development of fishery 
management actions. See 50 CFR 600.315. On December 9, 2009, NMFS 
published a proposed rule that would revise the National Standard 2 
Guidelines (74 FR 65724). NMFS is reviewing the comments received on 
the proposed rule and expects to publish a final rule in the near 
future.
    Comment 2: Regulatory Amendment 13 results in allocations that 
favor the recreational sector more than the commercial sector.
    Response: NMFS disagrees. Sector allocations were established by a 
formula selected by the Council in the Comprehensive ACL Amendment in 
2012. Regulatory Amendment 13 did not consider modifications to the 
allocation formula but uses updated data, including MRIP data, to 
revise the ABCs, ACLs, and ACTs for 37 snapper-grouper species. The use 
of updated data changes the percentage of allocations for these species 
but as shown in Table 2.2 of Regulatory Amendment 13, the differences 
are generally small and do not favor one sector over the other.

Changes From the Proposed Rule

    On April 17, 2013, NMFS published in the Federal Register an 
interim final rule to reorganize the regulations in 50 CFR part 622 for 
the Gulf of Mexico, the South Atlantic, and the Caribbean (78 FR 
22950). That interim final rule did not create any new rights or 
obligations; it reorganized the existing regulatory requirements in the 
Code of Federal Regulations into a new format. This final rule 
incorporates this new format into the regulatory text; it does not

[[Page 36115]]

change the specific regulatory requirements that were contained in the 
proposed rule. Therefore, as a result of this reorganization, the ACLs 
previously located at Sec.  622.49 are now located at Sec.  622.193.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that the actions contained in this final rule and regulatory amendment 
are necessary for the conservation and management of the snapper-
grouper fishery and are consistent with the Magnuson-Stevens Act and 
other applicable laws.
    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 this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. No changes to the 
final rule were made in response to public comments. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    ACLs, Fisheries, Fishing, Snapper-Grouper, South Atlantic.

    Dated: June 11, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, Performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR Part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  622.193, the first sentence in each of paragraphs 
(h)(1)(i), (h)(2), (i)(1)(i), (i)(2), (j)(1)(i), (j)(2), (l)(1)(i), 
(l)(2), (m)(1)(i), (m)(2), (p)(1)(i), (p)(2), (q)(1)(i), (q)(2), 
(s)(1)(i), (s)(2), (t)(1)(i), (t)(2), (u)(1)(i), (u)(2), (w)(1)(i), 
(w)(2), (x)(1)(i), and (x)(2) are revised to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (h) * * *
    (1) * * *
    (i) If commercial landings for the deep-water complex, as estimated 
by the SRD, reach or are projected to reach the commercial ACL of 
376,469 lb (170,763 kg), round weight, the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for this complex for the remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for the deep-water complex, as 
estimated by the SRD, exceed the recreational ACL of 334,556 lb 
(151,752 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. * * *
    (i) * * *
    (1) * * *
    (i) If commercial landings for scamp, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 333,100 lb 
(151,092 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for scamp, as estimated by the 
SRD, exceed the recreational ACL of 176,688 lb (80,144 kg), round 
weight, then during the following fishing year, recreational landings 
will be monitored for a persistence in increased landings and, if 
necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
    (j) * * *
    (1) * * *
    (i) If commercial landings for other SASWG, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 49,776 lb 
(22,578 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for this 
complex for the remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for other SASWG, as estimated by 
the SRD, exceed the recreational ACL of 46,656 lb (21,163 kg), round 
weight, then during the following fishing year, recreational landings 
will be monitored for a persistence in increased landings and, if 
necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
    (l) * * *
    (1) * * *
    (i) If commercial landings for lesser amberjack, almaco jack, and 
banded rudderfish, combined, as estimated by the SRD, reach or are 
projected to reach their combined commercial ACL of 189,422 lb (85,920 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for this complex 
for the remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for the complex (lesser 
amberjack, almaco jack, and banded rudderfish), combined, as estimated 
by the SRD, exceed the recreational ACL of 267,799 lb (121,472 kg), 
round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
    (m) * * *
    (1) * * *
    (i) If commercial landings for bar jack, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 5,265 lb (2,388 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for the remainder 
of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for bar jack, as estimated by 
the SRD, exceed the recreational ACL of 19,515 lb (8,852 kg), round 
weight, then during the following fishing year, recreational landings 
will be monitored for a persistence in increased landings and, if 
necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational

[[Page 36116]]

landings do not exceed the recreational ACL in the following fishing 
year. * * *
* * * * *
    (p) * * *
    (1) * * *
    (i) If commercial landings combined for this other snappers 
complex, as estimated by the SRD, reach or are projected to reach the 
combined complex commercial ACL of 215,662 lb (97,823 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year. * * *
* * * * *
    (2) * * * If the combined recreational landings for this snappers 
complex, as estimated by the SRD, exceed the recreational ACL of 
728,577 lb (330,477 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL for this complex in the following fishing year. * * *
    (q) * * *
    (1) * * *
    (i) If commercial landings for gray triggerfish, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 272,880 
lb (123,776 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for gray triggerfish, as 
estimated by the SRD, exceed the recreational ACL of 353,638 lb 
(160,407 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. * * *
* * * * *
    (s) * * *
    (1) * * *
    (i) If commercial landings for blue runner, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 177,506 lb 
(80,515 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for blue runner, as estimated by 
the SRD, exceed the recreational ACL of 948,223 lb (430,107 kg), round 
weight, then during the following fishing year, recreational landings 
will be monitored for a persistence in increased landings and, if 
necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
    (t) * * *
    (1) * * *
    (i) If commercial landings for Atlantic spadefish, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 35,108 
lb (15,925 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for Atlantic spadefish, as 
estimated by the SRD, exceed the recreational ACL of 154,352 lb (70,013 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
    (u) * * *
    (1) * * *
    (i) If commercial landings for hogfish, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 49,469 lb (22,439 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for the remainder 
of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for hogfish, as estimated by the 
SRD, exceed the recreational ACL of 85,355 lb (38,716 kg), round 
weight, then during the following fishing year, recreational landings 
will be monitored for a persistence in increased landings and, if 
necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
    (w) * * *
    (1) * * *
    (i) If commercial landings for jolthead porgy, knobbed porgy, 
whitebone porgy, scup, and saucereye porgy, combined, as estimated by 
the SRD, reach or are projected to reach the commercial complex ACL of 
36,348 lb (16,487 kg), round weight, the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for this complex for the remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for jolthead porgy, knobbed 
porgy, whitebone porgy, scup, and saucereye porgy, combined, as 
estimated by the SRD, exceed the recreational ACL of 106,914 lb (48,495 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season for this complex by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. * * *
    (x) * * *
    (1) * * *
    (i) If commercial landings for white grunt, sailor's choice, 
tomtate, and margate, combined, as estimated by the SRD, reach or are 
projected to reach the commercial complex ACL of 218,539 lb (99,128 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for this complex 
for the remainder of the fishing year. * * *
* * * * *
    (2) * * * If recreational landings for white grunt, sailor's 
choice, tomtate, and margate, as estimated by the SRD, exceed the 
recreational ACL of 588,113 lb (266,764 kg), round weight, then during 
the following fishing year, recreational landings will be monitored for 
a persistence in increased landings and, if necessary, the AA will file 
a notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season for this complex by 
the amount necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. * * *

[FR Doc. 2013-14334 Filed 6-14-13; 8:45 am]
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