Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Reef Fish Management Measures, 46820-46822 [2013-18674]
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Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Rules and Regulations
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
The Congressional Review Act, 5
U.S.C. section 801 et seq, as added by
the Small Business Regulatory
Enforcement Fairness Act of 1996,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 1, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
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enforce its requirements. (See Clean Air
Act section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 16, 2013.
Judith Wong,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—[AMENDED]
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.349 is amended by
adding paragraph (p) to read as follows:
■
§ 52.349 Control strategy: Carbon
monoxide
*
*
*
*
*
(p) Revisions to the Colorado State
Implementation Plan, revised Carbon
Monoxide Maintenance Plan for
Greeley, as adopted by the Colorado Air
Quality Control Commission on
December 17, 2009 and submitted by
the Governor’s designee on March 31,
2010.
[FR Doc. 2013–18439 Filed 8–1–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120907427–3652–02]
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: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures
described in a framework action to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
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This rule is effective September
3, 2013.
DATES:
1. The authority citation for part 52
continues to read as follows:
■
SUMMARY:
(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule revises the
vermilion snapper recreational bag
limit, revises the yellowtail snapper
stock annual catch limit (ACL), and
removes the requirement for reef fish
vessels to have onboard and use a
venting tool when releasing reef fish.
The purpose of this rule is to help
achieve optimum yield (OY) and
prevent overfishing of vermilion and
yellowtail snapper, reduce the
unnecessary burden to fishers
associated with venting reef fish, and
minimize bycatch and bycatch
mortality.
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
Peter.Hood@noaa.gov.
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).
On May 7, 2013, NMFS published a
proposed rule for the framework action
and requested public comment (78 FR
26607). The proposed rule and the
framework action outline the rationale
for the actions contained in this final
rule. A summary of the actions
implemented by this final rule is
provided below.
SUPPLEMENTARY INFORMATION:
Management Measures Contained in
This Final Rule
Through this final rule, NMFS
establishes a 10-vermilion snapper
recreational bag limit within the 20-fish
aggregate reef fish bag limit, increases
the Gulf yellowtail snapper ACL from
725,000 lb (328,855 kg), round weight,
to 901,125 lb (408,743 kg), round
weight, and removes the requirement to
have onboard and use venting tools
when releasing reef fish. All weights
discussed in this final rule are in round
weight.
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Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Rules and Regulations
Vermilion Snapper Recreational Bag
Limit
Vermilion snapper is 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 and to minimize the
opportunity for the vermilion snapper
stock ACL to be exceeded by slowing
the rate of potential future increases in
the recreational harvest.
sroberts on DSK5SPTVN1PROD with RULES
Yellowtail Snapper ACL
In the Gulf, the yellowtail snapper
ACL 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 assigned 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/Accountability
Measures (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
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, the South
Atlantic and Gulf Council’s Scientific
and Statistical Committees (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 Gulf
yellowtail snapper was determined to be
1.012 million lb (0.459 million kg).
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For setting the Gulf yellowtail
snapper ACL, the Council applied its
ACL control rule to the ABC to account
for management uncertainty. Following
the control rule, the ACL was reduced
by 11 percent from the Gulf allocation
of the ABC. This results in a Gulf
yellowtail snapper 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 to
release the fish with minimal damage.
Currently, Gulf reef fishermen must
possess venting tools onboard and use
them when releasing reef fish. This
requirement 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 provides 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 in the Gulf is
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
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 9
Update) and used data through 2010.
The assessment indicated that the stock
was not overfished nor undergoing
overfishing. Based on the SEDAR 9
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Update, 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.
Recommendations by the Council’s
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).
Comments and Responses
NMFS received a total of 18 comment
submissions on the framework action
and the proposed rule. Of these
comment submissions, 11 were
generally opposed to the rule, 4 were
generally in favor of the rule, 2 were in
favor of some aspects of the rule and
against other aspects, and one was from
a Federal agency that had no objection
to the framework action or the proposed
rule. The comments specific to this
framework action or proposed rule can
be generally categorized as either for or
against the bag limit, and for or against
eliminating the venting tool
requirement. NMFS agrees with those
comments supporting the bag limit and
eliminating the venting tool
requirement. NMFS responds to the
remaining comments as follows.
Comment 1: A 10-fish vermilion
snapper recreational bag limit within
the 20-fish reef fish aggregate bag limit
is too restrictive and unnecessary.
Response: NMFS disagrees. This final
rule implements a 10-fish vermilion
snapper bag limit as a precautionary
measure due to concern about the status
of the vermilion snapper stock.
Members of the Council’s RFAP who
target vermilion snapper expressed
concern that the stock appears to be
declining in recent years and that stock
status does not match the projections in
the SEDAR 9 Update assessment.
Therefore, the RFAP recommended
setting the ACL below the ABC level
recommended by the Council’s SSC. In
addition, the Council received similar
comments through public testimony.
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Federal Register / Vol. 78, No. 149 / Friday, August 2, 2013 / Rules and Regulations
The Council did not increase the
vermilion snapper ACL in response to
those comments. The RFAP also
recommended that the Council
constrain vermilion snapper
recreational harvest because of recent
increases in landings, which increased
from approximately 457,000 lb (207,292
kg) in 2010 to 1.15 million lb (521,631
kg) in 2011. The RFAP was concerned
that if such increases persist, the ACL
could be exceeded. They recommended
the Council set a recreational bag limit
of 10 vermilion snapper within the 20fish reef fish aggregate bag limit, which
is expected to constrain recreational
harvest, and should reduce the
likelihood of the vermilion snapper ACL
being exceeded. Given concern about
the stock status and the recent increases
in recreational landings, the Council
took a precautionary approach and
revised the vermilion snapper bag limit.
Comment 2: Retain the venting tool
requirement or require that some type of
gear that reduces barotrauma, such as a
fish descender, be onboard a vessel
when reef fish fishing.
Response: NMFS recognizes that the
use of a venting tool can reduce the
discard mortality rate of reef fish
brought to the surface when used
correctly for certain types of fish.
However, requiring the use of venting
tools can contribute to discard mortality
when used incorrectly or with other
types of fish, particularly those
harvested from deeper waters. Recent
research has determined that use of
venting tools is of questionable
usefulness. Depending on the species of
fish to be vented, the size of the fish to
be vented, and the circumstances
surrounding the release of the fish,
alternative methods of returning the fish
to depth (e.g., rapid descent devices,
recompression devices, etc.), or simply
releasing the fish with no venting may
be preferable. The venting tool
requirement may also discourage
fishermen from using other methods to
return fish to deeper waters that might
improve the chance of a reef fish species
surviving catch and release, such as the
use of a recompression device.
Additionally, requiring some type of
gear that reduces reef fish barotrauma
poses management and enforcement
problems. Removing the venting tool
requirement will simplify Federal
regulations and provide fishermen the
flexibility to use other release devices
that may be more effective than venting
certain types of fish. This final rule does
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not preclude fishermen from using
venting tools in the future, but simply
removes the requirement to have them
onboard and use them.
List of Subjects in 50 CFR Part 622
Changes From the Proposed Rule
Dated: July 29, 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.
On June 20, 2013, the Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
July 22, 2013 (78 FR 37398). The rule
increased the size standard for Finfish
Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0
million, and Other Marine Fishing from
$4.0 to $7.0 million. Pursuant to the
Regulatory Flexibility Act, and prior to
SBA’s June 20, 2013, final rule, a
certification was developed for this
action using SBA’s former size
standards. Subsequent to the June 20,
2013 rule, NMFS has reviewed the
certification prepared for this action in
light of the new size standards. Under
the former, lower size standards, all
entities subject to this action were
considered small entities, thus they all
would continue to be considered small
under the new standards. NMFS has
determined that the new size standards
do not affect the analyses prepared for
this action.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule and the
framework action are necessary for the
conservation and management of the
Gulf reef fish fishery and are consistent
with the Magnuson-Stevens Act and
other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination 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. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
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Fisheries, Fishing, Gulf, Reef fish,
Venting tool, Vermilion snapper,
Yellowtail snapper.
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
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 text 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.
*
*
*
*
*
■ 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
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:
§ 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. 2013–18674 Filed 8–1–13; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Pages 46820-46822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18674]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120907427-3652-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule 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). This final rule
revises the vermilion snapper recreational bag limit, revises the
yellowtail snapper stock annual catch limit (ACL), and removes the
requirement for reef fish vessels to have onboard and use a venting
tool when releasing reef fish. The purpose of this rule is to help
achieve optimum yield (OY) and prevent overfishing of vermilion and
yellowtail snapper, reduce the unnecessary burden to fishers associated
with venting reef fish, and minimize bycatch and bycatch mortality.
DATES: This rule is effective September 3, 2013.
ADDRESSES: 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).
On May 7, 2013, NMFS published a proposed rule for the framework
action and requested public comment (78 FR 26607). The proposed rule
and the framework action outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
this final rule is provided below.
Management Measures Contained in This Final Rule
Through this final rule, NMFS establishes a 10-vermilion snapper
recreational bag limit within the 20-fish aggregate reef fish bag
limit, increases the Gulf yellowtail snapper ACL from 725,000 lb
(328,855 kg), round weight, to 901,125 lb (408,743 kg), round weight,
and removes the requirement to have onboard and use venting tools when
releasing reef fish. All weights discussed in this final rule are in
round weight.
[[Page 46821]]
Vermilion Snapper Recreational Bag Limit
Vermilion snapper is 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 and to minimize the opportunity
for the vermilion snapper stock 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 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 assigned 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/Accountability
Measures (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 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, the
South Atlantic and Gulf Council's Scientific and Statistical Committees
(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 Gulf yellowtail snapper was determined to be 1.012
million lb (0.459 million kg).
For setting the Gulf yellowtail snapper ACL, the Council applied
its ACL control rule to the ABC to account for management uncertainty.
Following the control rule, the ACL was reduced by 11 percent from the
Gulf allocation of the ABC. This results in a Gulf yellowtail snapper
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 to release the fish with minimal damage. Currently, Gulf reef
fishermen must possess venting tools onboard and use them when
releasing reef fish. This requirement 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 provides 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 in the Gulf is 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 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 9 Update) and used data through 2010. The assessment indicated
that the stock was not overfished nor undergoing overfishing. Based on
the SEDAR 9 Update, 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. Recommendations by the Council's 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).
Comments and Responses
NMFS received a total of 18 comment submissions on the framework
action and the proposed rule. Of these comment submissions, 11 were
generally opposed to the rule, 4 were generally in favor of the rule, 2
were in favor of some aspects of the rule and against other aspects,
and one was from a Federal agency that had no objection to the
framework action or the proposed rule. The comments specific to this
framework action or proposed rule can be generally categorized as
either for or against the bag limit, and for or against eliminating the
venting tool requirement. NMFS agrees with those comments supporting
the bag limit and eliminating the venting tool requirement. NMFS
responds to the remaining comments as follows.
Comment 1: A 10-fish vermilion snapper recreational bag limit
within the 20-fish reef fish aggregate bag limit is too restrictive and
unnecessary.
Response: NMFS disagrees. This final rule implements a 10-fish
vermilion snapper bag limit as a precautionary measure due to concern
about the status of the vermilion snapper stock. Members of the
Council's RFAP who target vermilion snapper expressed concern that the
stock appears to be declining in recent years and that stock status
does not match the projections in the SEDAR 9 Update assessment.
Therefore, the RFAP recommended setting the ACL below the ABC level
recommended by the Council's SSC. In addition, the Council received
similar comments through public testimony.
[[Page 46822]]
The Council did not increase the vermilion snapper ACL in response to
those comments. The RFAP also recommended that the Council constrain
vermilion snapper recreational harvest because of recent increases in
landings, which increased from approximately 457,000 lb (207,292 kg) in
2010 to 1.15 million lb (521,631 kg) in 2011. The RFAP was concerned
that if such increases persist, the ACL could be exceeded. They
recommended the Council set a recreational bag limit of 10 vermilion
snapper within the 20-fish reef fish aggregate bag limit, which is
expected to constrain recreational harvest, and should reduce the
likelihood of the vermilion snapper ACL being exceeded. Given concern
about the stock status and the recent increases in recreational
landings, the Council took a precautionary approach and revised the
vermilion snapper bag limit.
Comment 2: Retain the venting tool requirement or require that some
type of gear that reduces barotrauma, such as a fish descender, be
onboard a vessel when reef fish fishing.
Response: NMFS recognizes that the use of a venting tool can reduce
the discard mortality rate of reef fish brought to the surface when
used correctly for certain types of fish. However, requiring the use of
venting tools can contribute to discard mortality when used incorrectly
or with other types of fish, particularly those harvested from deeper
waters. Recent research has determined that use of venting tools is of
questionable usefulness. Depending on the species of fish to be vented,
the size of the fish to be vented, and the circumstances surrounding
the release of the fish, alternative methods of returning the fish to
depth (e.g., rapid descent devices, recompression devices, etc.), or
simply releasing the fish with no venting may be preferable. The
venting tool requirement may also discourage fishermen from using other
methods to return fish to deeper waters that might improve the chance
of a reef fish species surviving catch and release, such as the use of
a recompression device.
Additionally, requiring some type of gear that reduces reef fish
barotrauma poses management and enforcement problems. Removing the
venting tool requirement will simplify Federal regulations and provide
fishermen the flexibility to use other release devices that may be more
effective than venting certain types of fish. This final rule does not
preclude fishermen from using venting tools in the future, but simply
removes the requirement to have them onboard and use them.
Changes From the Proposed Rule
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for Finfish Fishing from $4.0 to $19.0 million,
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act,
and prior to SBA's June 20, 2013, final rule, a certification was
developed for this action using SBA's former size standards. Subsequent
to the June 20, 2013 rule, NMFS has reviewed the certification prepared
for this action in light of the new size standards. Under the former,
lower size standards, all entities subject to this action were
considered small entities, thus they all would continue to be
considered small under the new standards. NMFS has determined that the
new size standards do not affect the analyses prepared for this action.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule and the framework action are necessary for the
conservation and management of the Gulf reef fish fishery and are
consistent with the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this determination 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. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf, Reef fish, Venting tool, Vermilion
snapper, Yellowtail snapper.
Dated: July 29, 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 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. 622.30, paragraph (c) is removed and the introductory text
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.
* * * * *
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. 2013-18674 Filed 8-1-13; 8:45 am]
BILLING CODE 3510-22-P
