Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 15, 49183-49186 [2013-19605]
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
(7) Unit 2: Black Knolls Unit, Mohave
County, Arizona. Map of Unit 2 is
provided at paragraph (6) of this entry.
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Dated: August 1, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–19385 Filed 8–12–13; 8:45 am]
BILLING CODE 4310–55–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120924488–3671–02]
RIN 0648–BC60
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 15
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
management measures described in a
regulatory amendment (Regulatory
Amendment 15) to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP), as prepared by the South
Atlantic Fishery Management Council
(Council). This final rule increases the
commercial and recreational ACLs for
yellowtail snapper, decreases the
commercial ACL for gag, and revises the
accountability measure (AM) for gag by
removing the requirement that all other
South Atlantic shallow-water grouper
(SASWG) are prohibited from harvest
when the gag commercial ACL is met or
projected to be met. In addition,
Regulatory Amendment 15 revises the
optimum yield (OY) for yellowtail
snapper and increases the recreational
annual catch target (ACT) for yellowtail
snapper harvested in or from the South
Atlantic exclusive economic zone (EEZ).
This final rule also includes several
administrative changes to regulatory
text, which are unrelated to the
measures contained in Regulatory
Amendment 15. The purpose of
Regulatory Amendment 15 and this
final rule is to provide socio-economic
benefits to snapper-grouper fishermen
and communities that utilize the
snapper-grouper resource, while
maintaining fishing mortality at
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SUMMARY:
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sustainable levels according to the best
scientific information available.
DATES: This rule is effective September
12, 2013.
ADDRESSES: Electronic copies of
Regulatory Amendment 15, which
includes an environmental assessment
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/pdfs/
SGRegAmend15.pdf.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, Southeast Regional Office,
telephone: 727–824–5305, or email:
rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes yellowtail
snapper and SASWG species (i.e., gag,
black grouper, red grouper, scamp, red
hind, rock hind, yellowmouth grouper,
yellowfin grouper, graysby, and coney),
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 24, 2013, NMFS published a
proposed rule for Regulatory
Amendment 15 and requested public
comments (78 FR 31511). 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.
Management Measures Contained in
This Final Rule
This rule implements management
measures affecting yellowtail snapper,
gag, and other SASWG harvested in or
from the South Atlantic EEZ.
Yellowtail Snapper
This rule increases the commercial
ACL, recreational ACL, and recreational
ACT for yellowtail snapper. The
commercial ACL increases from
1,142,589 lb (518,270 kg), round weight,
to 1,596,510 lb (725,686 kg), round
weight. The recreational ACL increases
from 1,031,286 lb (467,783 kg), round
weight, to 1,440,990 lb (653,622 kg),
round weight. The recreational ACT
increases from 897,160 lb (406,945 kg),
round weight, to 1,253,661 lb (568,651
kg), round weight.
Gag and Other South Atlantic ShallowWater Grouper
This rule modifies the commercial
AM for gag so that only the commercial
sector for gag closes when the gag
commercial ACL is met or projected to
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49183
be met. The ACLs and AMs for all other
SASWG species would remain
unchanged. This rule also reduces the
gag commercial ACL from 353,940 lb
(160,544 kg), gutted weight, to 326,722
lb (148,199 kg), gutted weight, to
account for projected gag discard
mortality from commercial trips that
target co-occurring species (i.e., red
grouper and scamp) during a gag
closure.
Other Changes to Codified Text
This rule makes several changes to the
regulatory text in 50 CFR part 622 that
are administrative in nature and
unrelated to Regulatory Amendment 15.
In two paragraphs within § 622.183,
‘‘fishery’’ is changed to ‘‘sector’’ to
clarify that it is a commercial sector or
recreational sector within a specific
fishery and to be consistent with other
regulations in part 622.
Black grouper and red grouper are
removed from the heading of
§ 622.190(c)(1), restrictions applicable
after a commercial quota closure,
because black grouper and red grouper
no longer have quotas, only ACLs and
AMs.
In several paragraphs within
§ 622.193, ‘‘fishery’’ is changed to
‘‘sector’’, for clarification and
consistency purposes. Also in § 622.193,
the specific years for evaluating the
recreational landings relative to the ACL
are removed from the regulatory text
because these years will keep changing.
Instead, more general language is
included in the regulatory text,
specifically referring to a multi-year
average of landings, as described in the
FMP. In addition, closure provisions are
included in the regulatory text for
snowy grouper when the recreational
post-season AM is implemented,
because these closure provisions were
inadvertently not included in the final
rule to implement the Comprehensive
ACL Amendment.
In Table 4 of Appendix A to Part 622,
‘‘Grass porgy, Calamus arctifrons’’ is
removed from the table because this
species was removed from the South
Atlantic snapper-grouper fishery
management unit in the Comprehensive
ACL Amendment; however, it was
inadvertently not removed from the
regulations during implementation of
that amendment.
Comments and Responses
A total of 14 comments were received
on the proposed rule for Regulatory
Amendment 15 from individuals,
fishermen, and two fishing associations.
Nine commenters supported the actions
in the amendment and the proposed
rule. A Federal agency stated that the
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations
agency had no comments. Specific
comments related to the actions
contained in Regulatory Amendment 15
and the proposed rule, and NMFS’
respective responses are summarized
below.
Comment 1: One commenter stated
that to protect shallow-water grouper
species, fishery managers should
remove the January through April 4month seasonal closure and instead
implement closures in March, April,
July, and August until the quota is
reached. The commenter indicated that
shallow-water groupers are susceptible
to harvest by spearfishing as cold
upwelling water in July and August
incapacitates the fish.
Response: The January through April
prohibition on the harvest and
possession of shallow-water groupers
was implemented in 2009 to protect gag
and other spawning groupers. Many
groupers are known to begin spawning
in December, with the spawning season
extending through at least April. Gag
and other shallow-water grouper species
are slow growing, long-lived species
that change sex from female to male
later in life, and form spawning
aggregations at locations known to
fishermen. Removing the prohibition in
January and February was not
considered in Regulatory Amendment
15 because it would remove protections
at a time when groupers are particularly
vulnerable to fishing gear. NMFS
recognizes that sporadic cold, upwelling
water events may increase the
vulnerability of gag and other shallowwater groupers to spearfishing pressure.
However, the protection of spawning
fish during January through April is
paramount to preventing harvest during
upwelling events as fishing on
spawning aggregations can affect the
population age structure and sex ratio
by removing the larger, older males and
by disrupting spawning aggregations
that form at specific times and locations.
Comment 2: A commercial fisherman
favored a 50-lb (23-kg) bycatch
allowance for gag after the commercial
quota is reached instead of reducing the
gag quota by 27,218 lb (12,346 kg), as
proposed in Regulatory Amendment 15.
The commenter stated that the bycatch
allowance would be low enough to keep
fishermen from targeting gag, allow
fishermen to keep those that are caught
while targeting other species, and would
increase profits to commercial
fisherman.
Response: The Council did not
consider a specific bycatch allowance
for gag in Regulatory Amendment 15
because the Council and NMFS reduced
the commercial ACL for gag to account
for bycatch after the quota is met.
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Currently, gag harvest is prohibited once
the ACL is projected to be met, but gag
continue to be caught after the closure
and they are released. The most recent
stock assessment estimated that 60
percent of released gag in the South
Atlantic survive. A 50-lb (23-kg) bycatch
allowance would result in the complete
mortality of all gag caught after the ACL
is met, assuming that all encountered
fish up to the trip limit are retained, and
would then require a reduction in the
current 1,000-lb (454-kg) commercial
trip limit to avoid a gag closure earlier
in the season.
Comment 3: One commenter stated
that yellowtail snapper should be
prohibited for several years as he
thought the stock was overfished.
Response: The stock assessment
completed for yellowtail snapper in
May 2012 determined that the stock is
not overfished nor undergoing
overfishing. The assessment results
suggest yellowtail snapper catch levels
could be increased to achieve OY for the
fishery without jeopardizing the health
of the population. Both the Gulf of
Mexico and South Atlantic Councils’
Scientific and Statistical Committees’
reviewed the assessment in October
2012 and determined the assessment to
be based upon the best scientific
information available, and the Councils
reviewed the assessment and accepted
the results. In addition, the NMFS’
Southeast Fisheries Science Center
reviewed the proposed actions in
Regulatory Amendment 15 and certified
the actions to be based upon the best
scientific information available.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that the actions contained in
this final rule and Regulatory
Amendment 15 are necessary for the
conservation and management of the
snapper-grouper fishery and are
consistent with the FMP, the MagnusonStevens 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
SBA 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.
On June 20, 2013, the Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
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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.
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
Fisheries, Fishing, Gag, ShallowWater Grouper, South Atlantic,
Yellowtail snapper.
Dated: August 7, 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
1. The authority citation for part 622
continues to read as follows:
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Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, the heading of
paragraph (b)(1) is revised to read as
follows:
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§ 622.183
Area and seasonal closures.
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(b) * * *
(1) Seasonal closure of the
commercial and recreational sectors for
gag and associated grouper species.
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3. In § 622.190, paragraph (a)(7) and
the heading of paragraph (c)(1) are
revised to read as follows:
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§ 622.190
Quotas.
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(a) * * *
(7) Gag—326,722 lb (148,199 kg).
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(c) * * *
(1) South Atlantic gag, greater
amberjack, snowy grouper, golden
tilefish, vermilion snapper, black sea
bass, red porgy, and wreckfish. * * *
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■ 4. In § 622.193, paragraphs (b), (c),
paragraph (n)(1)(i) and the first sentence
in paragraph (n)(2) are revised to read as
follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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(b) Snowy grouper—(1) Commercial
sector. If commercial landings, as
estimated by the SRD, reach or are
projected to reach the quota specified in
§ 622.190(a)(1), the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for snowy grouper for the
remainder of the fishing year.
(2) Recreational sector. If recreational
landings, as estimated by the SRD,
exceed the recreational ACL of 523 fish,
the AA will file a notification with the
Office of the Federal Register, at or near
the beginning of the following fishing
year, 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. When NMFS reduces the
length of the following recreational
fishing season, the following closure
provisions apply: the bag and
possession limit for snowy grouper in or
from the South Atlantic EEZ is zero.
This bag and possession limit also
applies in the South Atlantic on board
a vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, without regard
to where such species were harvested,
i.e., in state or Federal waters.
Recreational landings will be evaluated
relative to the ACL based on a moving
multi-year average of landings, as
described in the FMP.
(c) Gag—(1) Commercial sector. If
commercial landings, as estimated by
the SRD, reach or are projected to reach
the quota specified in § 622.190(a)(7),
the AA will file a notification with the
Office of the Federal Register to close
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the commercial sector for gag for the
remainder of the fishing year.
(2) Recreational sector. (i) If
recreational landings, as estimated by
the SRD, reach or are projected to reach
the recreational ACL of 340,060 lb
(154,249 kg), gutted weight, and gag are
overfished, based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to close the gag recreational sector for
the remainder of the fishing year. On
and after the effective date of such
notification, the bag and possession
limit for gag in or from the South
Atlantic EEZ is zero. This bag and
possession limit also applies in the
South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) Without regard to overfished
status, if gag recreational landings
exceed the ACL, the AA will file a
notification with the Office of the
Federal Register, at or near the
beginning of the following fishing year,
to reduce the ACL for that fishing year
by the amount of the overage.
(iii) Recreational landings will be
evaluated relative to the ACL based on
a moving multi-year average of landings,
as described in the FMP.
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(n) * * *
(1) * * *
(i) If commercial landings for
yellowtail snapper, as estimated by the
SRD, reach or are projected to reach the
commercial ACL of 1,596,510 lb
(724,165 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. On and after the effective date of
such a notification, all sale or purchase
of yellowtail snapper is prohibited and
harvest or possession of this species in
or from the South Atlantic EEZ is
limited to the bag and possession limit.
This bag and possession limit applies in
the South Atlantic on board a vessel for
which a valid Federal charter vessel/
headboat permit for South Atlantic
snapper-grouper has been issued,
without regard to where such species
were harvested, i.e., in state or Federal
waters.
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(2) * * * If recreational landings for
yellowtail snapper, as estimated by the
SRD, exceed the recreational ACL of
1,440,990 lb (653,622 kg), round weight,
then during the following fishing year,
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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. * * *
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■ 5. In Appendix A to part 622, Table
4 is revised to read as follows:
Appendix A to Part 622—Species
Tables
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Table 4 of Appendix A to Part 622—South
Atlantic Snapper-Grouper
Balistidae—Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae—Jacks
Blue runner, Caranx bartholomaei
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae—Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae—Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor’s choice, Haemulon parrai
White grunt, Haemulon plumieri
Labridae—Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae—Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites
aurorubens
Malacanthidae—Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus
chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae—Temperate basses
Wreckfish, Polyprion americanus
Serranidae—Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus
drummondhayi
Yellowedge grouper, Epinephelus
flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
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Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca
interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae—Sea Basses
Black sea bass, Centropristis striata
Sparidae—Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as
ecosystem component species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
Schoolmaster, Lutjanus apodus
Background
individual fishing quota (IFQ) system.
The new tilefish IFQ program became
effective November 1, 2009. After 3
years of operation, it has become
apparent that some of the implementing
regulations need to be clarified,
corrected, or modified to better reflect
the intent of Amendment 1.
On March 28, 2013, NMFS published
a proposed rule in the Federal Register
(78 FR 18947) proposing several minor
corrections, clarifications, and
modifications to the regulations
implementing Amendment 1.
Comments on the proposed rule were
accepted through April 29, 2013. No
comments were received on the
measures, and the measures, as
proposed, are implemented by this final
rule.
The purpose of this action is to
clarify, correct, and/or modify certain
provisions of the tilefish IFQ program’s
implementing regulations to clarify
potentially confusing regulatory
language, and to better reflect the intent
of Amendment 1 and current practices
under the tilefish IFQ program.
Specifically, this action (1) Clarifies the
two aspects of tilefish IFQ allocation by
differentiating between quota share and
quota pounds, and removes suggestions
that either are ‘‘owned’’ or
‘‘permanent;’’ (2) specifies in the
regulations that tilefish landings may be
reported through the Interactive Voice
Response system, or through another
system approved by the NMFS
Northeast Regional Administrator, to
allow for the future development of an
online reporting option; (3) corrects
cross-references within the regulations
pertaining to the Research Set-Aside
Program; (4) revises language and crossreferences in the regulations to clarify
that permanent resident aliens are
allowed to hold a tilefish IFQ allocation
permit, as specified in Amendment 1;
(5) modifies the regulations to extend
the deadline for quota pound transfers
from September 1 to October 10 of each
fishing year; and (6) modifies the
regulations governing the cost recovery
fee collection system to reflect current
fee collection practices and the intent of
Amendment 1 to ensure clear and
efficient collection of the required costrecovery fees. Additional detail and
explanation regarding the reason for
these changes are provided in the
proposed rule and are not repeated here.
On August 24, 2009, NMFS published
a final rule (74 FR 42580) to implement
provisions of Amendment 1 to the
Tilefish Fishery Management Plan
(FMP) (Amendment 1). Amendment 1
included a new structure for managing
the commercial tilefish fishery using an
Changes From the Proposed Rule
The proposed regulatory text
regarding IFQ transfer applications
inadvertently used the less specific term
‘‘catch share.’’ The regulatory language
has been corrected to use the more
appropriate term ‘‘quota share,’’
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[FR Doc. 2013–19605 Filed 8–12–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120416018–3679–02]
RIN 0648–BC05
Fisheries of the Northeastern United
States; Tilefish Fishery Management
Plan; Regulatory Amendment,
Corrections, and Clarifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action makes
corrections, clarifications, and other
modifications to the regulations that
implemented the Tilefish Individual
Fishing Quota Program. These changes
will not affect the fishing operation of
any vessel.
DATES: Effective September 12, 2013.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
phone (978) 281–9341, fax (978) 281–
9135.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
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consistent with the terminology used in
rest of that regulatory paragraph. The
introductory text on IFQ transfer
applications has been adjusted to more
clearly explain why applications for
permanent transfers are due before
September 1, while applications for
temporary transfers are due before
October 10.
Comments and Responses
NMFS received no comments on the
proposed rule.
Classification
The Administrator, Northeast Region,
NMFS, determined that this final rule is
necessary for the management of the
tilefish fishery and that it is consistent
with the Tilefish FMP, the MagnusonStevens Fishery Conservation and
Management Act, and other applicable
law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
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.
E:\FR\FM\13AUR1.SGM
13AUR1
]]>Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49183-49186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120924488-3671-02]
RIN 0648-BC60
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory
Amendment 15
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements management measures described in a regulatory
amendment (Regulatory Amendment 15) 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 increases the commercial and recreational ACLs for
yellowtail snapper, decreases the commercial ACL for gag, and revises
the accountability measure (AM) for gag by removing the requirement
that all other South Atlantic shallow-water grouper (SASWG) are
prohibited from harvest when the gag commercial ACL is met or projected
to be met. In addition, Regulatory Amendment 15 revises the optimum
yield (OY) for yellowtail snapper and increases the recreational annual
catch target (ACT) for yellowtail snapper harvested in or from the
South Atlantic exclusive economic zone (EEZ). This final rule also
includes several administrative changes to regulatory text, which are
unrelated to the measures contained in Regulatory Amendment 15. The
purpose of Regulatory Amendment 15 and this final rule is to provide
socio-economic benefits to snapper-grouper fishermen and communities
that utilize the snapper-grouper resource, while maintaining fishing
mortality at sustainable levels according to the best scientific
information available.
DATES: This rule is effective September 12, 2013.
ADDRESSES: Electronic copies of Regulatory Amendment 15, which includes
an environmental assessment and a regulatory impact review, may be
obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/pdfs/SGRegAmend15.pdf.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, telephone: 727-824-5305, or email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes yellowtail snapper and SASWG species (i.e.,
gag, black grouper, red grouper, scamp, red hind, rock hind,
yellowmouth grouper, yellowfin grouper, graysby, and coney), 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 24, 2013, NMFS published a proposed rule for Regulatory
Amendment 15 and requested public comments (78 FR 31511). 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.
Management Measures Contained in This Final Rule
This rule implements management measures affecting yellowtail
snapper, gag, and other SASWG harvested in or from the South Atlantic
EEZ.
Yellowtail Snapper
This rule increases the commercial ACL, recreational ACL, and
recreational ACT for yellowtail snapper. The commercial ACL increases
from 1,142,589 lb (518,270 kg), round weight, to 1,596,510 lb (725,686
kg), round weight. The recreational ACL increases from 1,031,286 lb
(467,783 kg), round weight, to 1,440,990 lb (653,622 kg), round weight.
The recreational ACT increases from 897,160 lb (406,945 kg), round
weight, to 1,253,661 lb (568,651 kg), round weight.
Gag and Other South Atlantic Shallow-Water Grouper
This rule modifies the commercial AM for gag so that only the
commercial sector for gag closes when the gag commercial ACL is met or
projected to be met. The ACLs and AMs for all other SASWG species would
remain unchanged. This rule also reduces the gag commercial ACL from
353,940 lb (160,544 kg), gutted weight, to 326,722 lb (148,199 kg),
gutted weight, to account for projected gag discard mortality from
commercial trips that target co-occurring species (i.e., red grouper
and scamp) during a gag closure.
Other Changes to Codified Text
This rule makes several changes to the regulatory text in 50 CFR
part 622 that are administrative in nature and unrelated to Regulatory
Amendment 15. In two paragraphs within Sec. 622.183, ``fishery'' is
changed to ``sector'' to clarify that it is a commercial sector or
recreational sector within a specific fishery and to be consistent with
other regulations in part 622.
Black grouper and red grouper are removed from the heading of Sec.
622.190(c)(1), restrictions applicable after a commercial quota
closure, because black grouper and red grouper no longer have quotas,
only ACLs and AMs.
In several paragraphs within Sec. 622.193, ``fishery'' is changed
to ``sector'', for clarification and consistency purposes. Also in
Sec. 622.193, the specific years for evaluating the recreational
landings relative to the ACL are removed from the regulatory text
because these years will keep changing. Instead, more general language
is included in the regulatory text, specifically referring to a multi-
year average of landings, as described in the FMP. In addition, closure
provisions are included in the regulatory text for snowy grouper when
the recreational post-season AM is implemented, because these closure
provisions were inadvertently not included in the final rule to
implement the Comprehensive ACL Amendment.
In Table 4 of Appendix A to Part 622, ``Grass porgy, Calamus
arctifrons'' is removed from the table because this species was removed
from the South Atlantic snapper-grouper fishery management unit in the
Comprehensive ACL Amendment; however, it was inadvertently not removed
from the regulations during implementation of that amendment.
Comments and Responses
A total of 14 comments were received on the proposed rule for
Regulatory Amendment 15 from individuals, fishermen, and two fishing
associations. Nine commenters supported the actions in the amendment
and the proposed rule. A Federal agency stated that the
[[Page 49184]]
agency had no comments. Specific comments related to the actions
contained in Regulatory Amendment 15 and the proposed rule, and NMFS'
respective responses are summarized below.
Comment 1: One commenter stated that to protect shallow-water
grouper species, fishery managers should remove the January through
April 4-month seasonal closure and instead implement closures in March,
April, July, and August until the quota is reached. The commenter
indicated that shallow-water groupers are susceptible to harvest by
spearfishing as cold upwelling water in July and August incapacitates
the fish.
Response: The January through April prohibition on the harvest and
possession of shallow-water groupers was implemented in 2009 to protect
gag and other spawning groupers. Many groupers are known to begin
spawning in December, with the spawning season extending through at
least April. Gag and other shallow-water grouper species are slow
growing, long-lived species that change sex from female to male later
in life, and form spawning aggregations at locations known to
fishermen. Removing the prohibition in January and February was not
considered in Regulatory Amendment 15 because it would remove
protections at a time when groupers are particularly vulnerable to
fishing gear. NMFS recognizes that sporadic cold, upwelling water
events may increase the vulnerability of gag and other shallow-water
groupers to spearfishing pressure. However, the protection of spawning
fish during January through April is paramount to preventing harvest
during upwelling events as fishing on spawning aggregations can affect
the population age structure and sex ratio by removing the larger,
older males and by disrupting spawning aggregations that form at
specific times and locations.
Comment 2: A commercial fisherman favored a 50-lb (23-kg) bycatch
allowance for gag after the commercial quota is reached instead of
reducing the gag quota by 27,218 lb (12,346 kg), as proposed in
Regulatory Amendment 15. The commenter stated that the bycatch
allowance would be low enough to keep fishermen from targeting gag,
allow fishermen to keep those that are caught while targeting other
species, and would increase profits to commercial fisherman.
Response: The Council did not consider a specific bycatch allowance
for gag in Regulatory Amendment 15 because the Council and NMFS reduced
the commercial ACL for gag to account for bycatch after the quota is
met. Currently, gag harvest is prohibited once the ACL is projected to
be met, but gag continue to be caught after the closure and they are
released. The most recent stock assessment estimated that 60 percent of
released gag in the South Atlantic survive. A 50-lb (23-kg) bycatch
allowance would result in the complete mortality of all gag caught
after the ACL is met, assuming that all encountered fish up to the trip
limit are retained, and would then require a reduction in the current
1,000-lb (454-kg) commercial trip limit to avoid a gag closure earlier
in the season.
Comment 3: One commenter stated that yellowtail snapper should be
prohibited for several years as he thought the stock was overfished.
Response: The stock assessment completed for yellowtail snapper in
May 2012 determined that the stock is not overfished nor undergoing
overfishing. The assessment results suggest yellowtail snapper catch
levels could be increased to achieve OY for the fishery without
jeopardizing the health of the population. Both the Gulf of Mexico and
South Atlantic Councils' Scientific and Statistical Committees'
reviewed the assessment in October 2012 and determined the assessment
to be based upon the best scientific information available, and the
Councils reviewed the assessment and accepted the results. In addition,
the NMFS' Southeast Fisheries Science Center reviewed the proposed
actions in Regulatory Amendment 15 and certified the actions to be
based upon the best scientific information available.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that the actions contained in this final rule and Regulatory Amendment
15 are necessary for the conservation and management of the snapper-
grouper fishery and are consistent with the FMP, 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 SBA 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.
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.
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
Fisheries, Fishing, Gag, Shallow-Water Grouper, South Atlantic,
Yellowtail snapper.
Dated: August 7, 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. 622.183, the heading of paragraph (b)(1) is revised to read
as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(1) Seasonal closure of the commercial and recreational sectors for
gag and associated grouper species. * * *
* * * * *
[[Page 49185]]
0
3. In Sec. 622.190, paragraph (a)(7) and the heading of paragraph
(c)(1) are revised to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(7) Gag--326,722 lb (148,199 kg).
* * * * *
(c) * * *
(1) South Atlantic gag, greater amberjack, snowy grouper, golden
tilefish, vermilion snapper, black sea bass, red porgy, and wreckfish.
* * *
* * * * *
0
4. In Sec. 622.193, paragraphs (b), (c), paragraph (n)(1)(i) and the
first sentence in paragraph (n)(2) are revised to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) Snowy grouper--(1) Commercial sector. If commercial landings,
as estimated by the SRD, reach or are projected to reach the quota
specified in Sec. 622.190(a)(1), the AA will file a notification with
the Office of the Federal Register to close the commercial sector for
snowy grouper for the remainder of the fishing year.
(2) Recreational sector. If recreational landings, as estimated by
the SRD, exceed the recreational ACL of 523 fish, the AA will file a
notification with the Office of the Federal Register, at or near the
beginning of the following fishing year, 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. When NMFS reduces the length of the following
recreational fishing season, the following closure provisions apply:
the bag and possession limit for snowy grouper in or from the South
Atlantic EEZ is zero. This bag and possession limit also applies in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such species were harvested,
i.e., in state or Federal waters. Recreational landings will be
evaluated relative to the ACL based on a moving multi-year average of
landings, as described in the FMP.
(c) Gag--(1) Commercial sector. If commercial landings, as
estimated by the SRD, reach or are projected to reach the quota
specified in Sec. 622.190(a)(7), the AA will file a notification with
the Office of the Federal Register to close the commercial sector for
gag for the remainder of the fishing year.
(2) Recreational sector. (i) If recreational landings, as estimated
by the SRD, reach or are projected to reach the recreational ACL of
340,060 lb (154,249 kg), gutted weight, and gag are overfished, based
on the most recent Status of U.S. Fisheries Report to Congress, the AA
will file a notification with the Office of the Federal Register to
close the gag recreational sector for the remainder of the fishing
year. On and after the effective date of such notification, the bag and
possession limit for gag in or from the South Atlantic EEZ is zero.
This bag and possession limit also applies in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters.
(ii) Without regard to overfished status, if gag recreational
landings exceed the ACL, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, to reduce the ACL for that fishing year by the
amount of the overage.
(iii) Recreational landings will be evaluated relative to the ACL
based on a moving multi-year average of landings, as described in the
FMP.
* * * * *
(n) * * *
(1) * * *
(i) If commercial landings for yellowtail snapper, as estimated by
the SRD, reach or are projected to reach the commercial ACL of
1,596,510 lb (724,165 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. On and after
the effective date of such a notification, all sale or purchase of
yellowtail snapper is prohibited and harvest or possession of this
species in or from the South Atlantic EEZ is limited to the bag and
possession limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters.
* * * * *
(2) * * * If recreational landings for yellowtail snapper, as
estimated by the SRD, exceed the recreational ACL of 1,440,990 lb
(653,622 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. * * *
* * * * *
0
5. In Appendix A to part 622, Table 4 is revised to read as follows:
Appendix A to Part 622--Species Tables
* * * * *
Table 4 of Appendix A to Part 622--South Atlantic Snapper-
Grouper
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Blue runner, Caranx bartholomaei
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor's choice, Haemulon parrai
White grunt, Haemulon plumieri
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
[[Page 49186]]
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses
Black sea bass, Centropristis striata
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem component
species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
Schoolmaster, Lutjanus apodus
* * * * *
[FR Doc. 2013-19605 Filed 8-12-13; 8:45 am]
BILLING CODE 3510-22-P
