Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 21, 60379-60381 [2014-23912]
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Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Rules and Regulations
exemptions of § 17.32 apply to this
subspecies.
(2) What are the criteria under which
a personal sport-hunted trophy may
qualify for import without a permit
under § 17.32? The Director may,
consistent with the purposes of the Act,
authorize by publication of a notice in
the Federal Register the importation,
without a threatened species permit
issued under § 17.32, of personal sporthunted straight-horned markhor from an
established conservation program that
meets the following criteria:
(i) The markhor was taken legally
from the established program after the
date of the Federal Register notice;
(ii) The applicable provisions of 50
CFR parts 13, 14, 17, and 23 have been
met; and
(iii) The Director has received the
following information regarding the
established conservation program for
straight-horned markhor:
(A) Populations of straight-horned
markhor within the conservation
program’s areas can be shown to be
sufficiently large to sustain sport
hunting and are stable or increasing.
(B) Regulatory authorities have the
capacity to obtain sound data on
populations.
(C) The conservation program can
demonstrate a benefit to both the
communities surrounding or within the
area managed by the conservation
program and the species, and the funds
derived from sport hunting are applied
toward benefits to the community and
the species.
(D) Regulatory authorities have the
legal and practical capacity to provide
for the long-term survival of the
populations.
(E) Regulatory authorities can
determine that the sport-hunted
trophies have in fact been legally taken
from the populations under an
established conservation program.
*
*
*
*
*
Dated: September 22, 2014.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140214139–4799–02]
RIN 0648–BD91
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 21
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final changes to management
measures.
AGENCY:
NMFS issues these final
changes to management measures to
implement Regulatory Amendment 21
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) (Regulatory
Amendment 21), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council).
Regulatory Amendment 21 modifies the
definition of the overfished threshold
for red snapper, blueline tilefish, gag,
black grouper, yellowtail snapper,
vermilion snapper, red porgy, and
greater amberjack. The purpose of
Regulatory Amendment 21 is to prevent
snapper-grouper stocks with low natural
mortality rates from frequently
alternating between overfished and
rebuilt conditions due to natural
variation in recruitment and other
environmental factors.
DATES: These final changes to
management measures are effective
November 6, 2014.
ADDRESSES: Electronic copies of
Regulatory Amendment 21, 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.
FOR FURTHER INFORMATION CONTACT: Kate
Michie, telephone: 727–824–5305, or
email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic Region is managed under the
FMP. The FMP was prepared by the
Council and implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On August 1, 2014, NMFS published
the proposed changes to management
SUMMARY:
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60379
measures for Regulatory Amendment 21
and requested public comment (79 FR
44735). The proposed changes to
management measures and Regulatory
Amendment 21 outline the rationale for
the actions contained herein. A
summary of the actions implemented by
Regulatory Amendment 21 is provided
below.
Regulatory Amendment 21 redefines
the minimum stock size threshold
(MSST) for red snapper, blueline
tilefish, gag, black grouper, yellowtail
snapper, vermilion snapper, red porgy,
and greater amberjack as 75 percent of
spawning stock biomass at maximum
sustainable yield (SSBMSY). The MSST
is used to determine if a species is
overfished. Redefining the MSST for
these species will help prevent species
from being designated as overfished
when small drops in biomass are due to
natural variation in recruitment or other
environmental variables such as storms,
and extreme water temperatures, and
will ensure that rebuilding plans are
applied to stocks only when truly
appropriate.
Comments and Responses
NMFS received eight unique
comment submissions on the Regulatory
Amendment 21 proposed rule. The
comments were submitted by six
individuals and two fishing
organizations. One individual and two
fishing organizations expressed general
support for the action in the
amendment. Two individuals
recommended fishery management
techniques other than modifying the
MSST. Three comments were not
related to the actions in the rule. A
summary of the comments and NMFS’
responses to comments related to the
rule appears below.
Comment 1: Two commenters
generally agree with the action in
Regulatory Amendment 21. One
commenter wrote that abundance may
vary for certain species at different
times, and the action may help reduce
regulatory discards that are created
when restrictive regulations are
implemented.
Response: NMFS agrees that
redefining the overfished threshold for
red snapper, blueline tilefish, gag, black
grouper, yellowtail snapper, vermilion
snapper, red porgy, and greater
amberjack is likely to prevent these
species from frequently fluctuating
between overfished and not overfished
conditions. This will help ensure that
rebuilding plans and subsequent
management measures to rebuild a stock
are only implemented when they are
biologically necessary.
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Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Rules and Regulations
Comment 2: One commenter
suggested that NMFS reexamine how
fisheries data on deep-water species are
determined. The commenter used
snowy grouper as an example of
mismanagement of deep-water snappergrouper species, stating there are many
snowy grouper in southern Florida and
the bag limit should be one snowy
grouper per person per day rather than
one per vessel per day.
Response: Snowy grouper has a low
natural mortality rate (M = 0.12). Thus,
similar to the species affected by the
action in Regulatory Amendment 21, the
MSST for snowy grouper was changed
in 2009 to 75 percent of SSBMSY
(spawning stock biomass of the stock at
the maximum sustainable yield) through
Amendment 15B to the SnapperGrouper FMP. A new Southeast Data
Assessment and Review (SEDAR) stock
assessment was completed for snowy
grouper in 2014 (SEDAR 32), which
indicates that the stock is still
overfished according to the MSST
definition established in 2009, and that
the stock is rebuilding and is no longer
undergoing overfishing. The Council is
developing an amendment which could
change the recreational bag limit for
snowy grouper.
Similar to snowy grouper, the species
included in Regulatory Amendment 21
were selected because they have a
natural mortality rate at or below 0.25,
with an MSST defined as a function of
the natural mortality rate (M) where
MSST = SSBMSY*(1¥M or 0.5,
whichever is greater). When the natural
mortality rate is small (less than 0.25)
there is little difference between the
biomass threshold for determining when
a stock is overfished (MSST) and when
the stock is rebuilt (SSBMSY). Thus, for
species which have a low rate of natural
mortality, even small fluctuations in
biomass due to natural conditions rather
than fishing mortality may
unnecessarily cause a stock to be
classified as overfished.
To prevent red snapper, blueline
tilefish, gag, black grouper, yellowtail
snapper, vermilion snapper, red porgy,
and greater amberjack from
unnecessarily being considered
overfished, NMFS is modifying the
definition of MSST for those species as
75 percent of SSBMSY, which would
help prevent overfished designations
when small drops in biomass are due to
natural variation in recruitment or other
environmental variables such as
extreme water temperatures, and would
ensure that rebuilding plans are applied
to stocks when truly appropriate.
Comment 3: One commenter disagrees
with the current overfished
determination for red snapper, and
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recommends that NMFS take into
account anecdotal information when
assessing whether or not red snapper is
overfished. Additionally, the
commenter suggests different times to
harvest red snapper, but those
comments are beyond the scope of this
amendment.
Response: The overfished
determination for red snapper is based
on a stock assessment (SEDAR 24)
completed in October 2010 using the
previous overfished definition of MSST
= SSBMSY*(1¥M or 0.5, whichever is
greater). Modifying the overfished
definition will make a species less likely
to be categorized as overfished when
reductions in biomass are actually due
to natural variations in recruitment or
environmental variables rather than
fishing-related mortality. However,
modifying the overfished definition for
red snapper does not change the current
overfished determination made during
the last completed stock assessment
(SEDAR 24) in October 2010 because the
assessment indicates that biomass is
below 75 percent of SSBMSY.
Anecdotal information is not used in
Southeast Data Assessment and Review
(SEDAR) stock assessments. SEDAR is a
quantitative assessment process that
uses data from fishery-dependent and
fishery-independent sources to
determine the health of a stock. SEDAR
is organized around three workshops.
First is the Data Workshop, during
which fisheries monitoring and life
history data are reviewed and compiled.
Second is the Assessment Workshop,
which may be conducted via a
workshop and several webinars, during
which assessment models are developed
and population parameters are
estimated using the information
provided from the Data Workshop.
Third and final is the Review
Workshop, during which independent
experts review the input data,
assessment methods, and assessment
products. The completed assessment,
including the reports of all three
workshops and all supporting
documentation, is then forwarded to the
Council’s Scientific and Statistical
Committee (SSC). The SSC considers
whether the assessment represents the
best scientific information available and
develops fishing level recommendations
for Council consideration. SEDAR
workshops are public meetings
organized by SEDAR. Workshop
participants appointed by the lead
Council are drawn from state and
Federal agencies, non-government
organizations, Council members,
Council advisors, and the fishing
industry with a goal of including a
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broad range of disciplines and
perspectives.
A new stock assessment for red
snapper is currently under way (SEDAR
41) and is expected to be completed in
spring 2015. The new overfished
definition of 75 percent of SSBMSY
contained in Regulatory Amendment 21
will be used to determine the overfished
status of the stock in the new
assessment.
Comment 4: One commenter states
that Regulatory Amendment 21 does not
define the overfished criteria.
Additionally, the commenter suggests
other management actions that are
beyond the scope of this amendment.
Response: Regulatory Amendment 21
defines criteria used for determining if
a stock is overfished, and lists the MSST
values established by the new
overfished definition for each of the
affected species. Currently the stocks
addressed by Regulatory Amendment 21
would be overfished if MSST =
SSBMSY*(1¥M or 0.5, whichever is
greater). Regulatory Amendment 21
modifies the overfished definition to be
75 percent of SSBMSY.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that these final changes to
management measures are necessary for
the conservation and management of the
South Atlantic snapper-grouper species
contained in Regulatory Amendment 21
and are consistent with the FMP, the
Magnuson-Stevens Act and other
applicable law.
The final changes to the management
measures have 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. 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 final regulatory flexibility
analysis was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 79, No. 194 / Tuesday, October 7, 2014 / Rules and Regulations
Dated: October 2, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–23912 Filed 10–6–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD535
Fisheries of the Exclusive Economic
Zone Off Alaska; Several Groundfish
Species in the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; apportionment
of reserves; request for comments.
AGENCY:
NMFS apportions amounts of
the non-specified reserve to the initial
total allowable catch of Bering Sea (BS)
Greenland turbot, BS Pacific ocean
perch, Bering Sea and Aleutian Islands
(BSAI) Kamchatka flounder, and BSAI
squids and the total allowable catch of
BSAI sharks in the BSAI management
area. This action is necessary to allow
the fisheries to continue operating. It is
intended to promote the goals and
objectives of the fishery management
plan for the BSAI management area.
DATES: Effective October 3, 2014,
through 2400 hrs, Alaska local time,
December 31, 2014. Comments must be
received at the following address no
later than 4:30 p.m., Alaska local time,
October 20, 2014.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2013–0152, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130152, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
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individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
(BSAI) exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2014 initial total allowable catch
(ITAC) of BS Greenland turbot in the
BSAI was established as 1,410 metric
tons (mt), the 2014 ITAC of BS Pacific
ocean perch was established as 6,531
mt, the 2014 ITAC of BSAI Kamchatka
flounder was established as 6,035 mt,
the 2014 ITAC of BSAI squids was
established as 264 mt, and the 2014 total
allowable catch (TAC) of BSAI sharks
was established as 125 mt by the final
2014 and 2015 harvest specifications for
groundfish of the BSAI (79 FR 12108,
March 4, 2014). In accordance with
§ 679.20(a)(3) the Regional
Administrator, Alaska Region, NMFS,
has reviewed the most current available
data and finds that the ITACs for BS
Greenland turbot, BS Pacific ocean
perch, BSAI Kamchatka flounder, BSAI
squids and the total allowable catch of
BSAI sharks need to be supplemented
from the non-specified reserve to
promote efficiency in the utilization of
fishery resources in the BSAI and allow
fishing operations to continue.
Therefore, in accordance with
§ 679.20(b)(3), NMFS apportions from
the non-specified reserve of groundfish
71 mt to the BS Greenland turbot ITAC,
1,153 mt to the BS Pacific ocean perch
ITAC, 1,065 mt to the BSAI Kamchatka
flounder ITAC, 1,500 mt to the BSAI
squids ITAC, and 100 mt to the BSAI
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60381
sharks TAC in the BSAI. These
apportionments are consistent with
§ 679.20(b)(1)(i) and do not result in
overfishing of any target species because
the revised ITACs and TAC are equal to
or less than the specifications of the
acceptable biological catch in the final
2014 and 2015 harvest specifications for
groundfish in the BSAI (79 FR 12108,
March 4, 2014).
The harvest specification for the 2014
ITACs included in the harvest
specifications for groundfish in the
BSAI are revised as follows: 1,481 mt for
BS Greenland turbot, 7,684 mt for BS
Pacific ocean perch, 7,100 mt for BSAI
Kamchatka flounder, 1,764 mt for BSAI
squids, and 225 mt for BSAI sharks.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and
§ 679.20(b)(3)(iii)(A) as such a
requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
apportionment of the non-specified
reserves of groundfish to the BS
Greenland turbot, BS Pacific ocean
perch, BSAI Kamchatka flounder, BSAI
squids, and BSAI sharks fisheries in the
BSAI. Immediate notification is
necessary to allow for the orderly
conduct and efficient operation of this
fishery, to allow the industry to plan for
the fishing season, and to avoid
potential disruption to the fishing fleet
and processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of September 30, 2014.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Under § 679.20(b)(3)(iii), interested
persons are invited to submit written
comments on this action (see
ADDRESSES) until October 20, 2014.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801, et seq.
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]]>Agencies
[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60379-60381]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23912]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140214139-4799-02]
RIN 0648-BD91
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory
Amendment 21
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final changes to management measures.
-----------------------------------------------------------------------
SUMMARY: NMFS issues these final changes to management measures to
implement Regulatory Amendment 21 to the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region (FMP)
(Regulatory Amendment 21), as prepared and submitted by the South
Atlantic Fishery Management Council (Council). Regulatory Amendment 21
modifies the definition of the overfished threshold for red snapper,
blueline tilefish, gag, black grouper, yellowtail snapper, vermilion
snapper, red porgy, and greater amberjack. The purpose of Regulatory
Amendment 21 is to prevent snapper-grouper stocks with low natural
mortality rates from frequently alternating between overfished and
rebuilt conditions due to natural variation in recruitment and other
environmental factors.
DATES: These final changes to management measures are effective
November 6, 2014.
ADDRESSES: Electronic copies of Regulatory Amendment 21, 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.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305,
or email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic Region is managed under the FMP. The FMP was prepared by the
Council and implemented through regulations at 50 CFR part 622 under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
On August 1, 2014, NMFS published the proposed changes to
management measures for Regulatory Amendment 21 and requested public
comment (79 FR 44735). The proposed changes to management measures and
Regulatory Amendment 21 outline the rationale for the actions contained
herein. A summary of the actions implemented by Regulatory Amendment 21
is provided below.
Regulatory Amendment 21 redefines the minimum stock size threshold
(MSST) for red snapper, blueline tilefish, gag, black grouper,
yellowtail snapper, vermilion snapper, red porgy, and greater amberjack
as 75 percent of spawning stock biomass at maximum sustainable yield
(SSBMSY). The MSST is used to determine if a species is
overfished. Redefining the MSST for these species will help prevent
species from being designated as overfished when small drops in biomass
are due to natural variation in recruitment or other environmental
variables such as storms, and extreme water temperatures, and will
ensure that rebuilding plans are applied to stocks only when truly
appropriate.
Comments and Responses
NMFS received eight unique comment submissions on the Regulatory
Amendment 21 proposed rule. The comments were submitted by six
individuals and two fishing organizations. One individual and two
fishing organizations expressed general support for the action in the
amendment. Two individuals recommended fishery management techniques
other than modifying the MSST. Three comments were not related to the
actions in the rule. A summary of the comments and NMFS' responses to
comments related to the rule appears below.
Comment 1: Two commenters generally agree with the action in
Regulatory Amendment 21. One commenter wrote that abundance may vary
for certain species at different times, and the action may help reduce
regulatory discards that are created when restrictive regulations are
implemented.
Response: NMFS agrees that redefining the overfished threshold for
red snapper, blueline tilefish, gag, black grouper, yellowtail snapper,
vermilion snapper, red porgy, and greater amberjack is likely to
prevent these species from frequently fluctuating between overfished
and not overfished conditions. This will help ensure that rebuilding
plans and subsequent management measures to rebuild a stock are only
implemented when they are biologically necessary.
[[Page 60380]]
Comment 2: One commenter suggested that NMFS reexamine how
fisheries data on deep-water species are determined. The commenter used
snowy grouper as an example of mismanagement of deep-water snapper-
grouper species, stating there are many snowy grouper in southern
Florida and the bag limit should be one snowy grouper per person per
day rather than one per vessel per day.
Response: Snowy grouper has a low natural mortality rate (M =
0.12). Thus, similar to the species affected by the action in
Regulatory Amendment 21, the MSST for snowy grouper was changed in 2009
to 75 percent of SSBMSY (spawning stock biomass of the stock
at the maximum sustainable yield) through Amendment 15B to the Snapper-
Grouper FMP. A new Southeast Data Assessment and Review (SEDAR) stock
assessment was completed for snowy grouper in 2014 (SEDAR 32), which
indicates that the stock is still overfished according to the MSST
definition established in 2009, and that the stock is rebuilding and is
no longer undergoing overfishing. The Council is developing an
amendment which could change the recreational bag limit for snowy
grouper.
Similar to snowy grouper, the species included in Regulatory
Amendment 21 were selected because they have a natural mortality rate
at or below 0.25, with an MSST defined as a function of the natural
mortality rate (M) where MSST = SSBMSY*(1-M or 0.5,
whichever is greater). When the natural mortality rate is small (less
than 0.25) there is little difference between the biomass threshold for
determining when a stock is overfished (MSST) and when the stock is
rebuilt (SSBMSY). Thus, for species which have a low rate of
natural mortality, even small fluctuations in biomass due to natural
conditions rather than fishing mortality may unnecessarily cause a
stock to be classified as overfished.
To prevent red snapper, blueline tilefish, gag, black grouper,
yellowtail snapper, vermilion snapper, red porgy, and greater amberjack
from unnecessarily being considered overfished, NMFS is modifying the
definition of MSST for those species as 75 percent of
SSBMSY, which would help prevent overfished designations
when small drops in biomass are due to natural variation in recruitment
or other environmental variables such as extreme water temperatures,
and would ensure that rebuilding plans are applied to stocks when truly
appropriate.
Comment 3: One commenter disagrees with the current overfished
determination for red snapper, and recommends that NMFS take into
account anecdotal information when assessing whether or not red snapper
is overfished. Additionally, the commenter suggests different times to
harvest red snapper, but those comments are beyond the scope of this
amendment.
Response: The overfished determination for red snapper is based on
a stock assessment (SEDAR 24) completed in October 2010 using the
previous overfished definition of MSST = SSBMSY*(1-M or 0.5,
whichever is greater). Modifying the overfished definition will make a
species less likely to be categorized as overfished when reductions in
biomass are actually due to natural variations in recruitment or
environmental variables rather than fishing-related mortality. However,
modifying the overfished definition for red snapper does not change the
current overfished determination made during the last completed stock
assessment (SEDAR 24) in October 2010 because the assessment indicates
that biomass is below 75 percent of SSBMSY.
Anecdotal information is not used in Southeast Data Assessment and
Review (SEDAR) stock assessments. SEDAR is a quantitative assessment
process that uses data from fishery-dependent and fishery-independent
sources to determine the health of a stock. SEDAR is organized around
three workshops. First is the Data Workshop, during which fisheries
monitoring and life history data are reviewed and compiled. Second is
the Assessment Workshop, which may be conducted via a workshop and
several webinars, during which assessment models are developed and
population parameters are estimated using the information provided from
the Data Workshop. Third and final is the Review Workshop, during which
independent experts review the input data, assessment methods, and
assessment products. The completed assessment, including the reports of
all three workshops and all supporting documentation, is then forwarded
to the Council's Scientific and Statistical Committee (SSC). The SSC
considers whether the assessment represents the best scientific
information available and develops fishing level recommendations for
Council consideration. SEDAR workshops are public meetings organized by
SEDAR. Workshop participants appointed by the lead Council are drawn
from state and Federal agencies, non-government organizations, Council
members, Council advisors, and the fishing industry with a goal of
including a broad range of disciplines and perspectives.
A new stock assessment for red snapper is currently under way
(SEDAR 41) and is expected to be completed in spring 2015. The new
overfished definition of 75 percent of SSBMSY contained in
Regulatory Amendment 21 will be used to determine the overfished status
of the stock in the new assessment.
Comment 4: One commenter states that Regulatory Amendment 21 does
not define the overfished criteria. Additionally, the commenter
suggests other management actions that are beyond the scope of this
amendment.
Response: Regulatory Amendment 21 defines criteria used for
determining if a stock is overfished, and lists the MSST values
established by the new overfished definition for each of the affected
species. Currently the stocks addressed by Regulatory Amendment 21
would be overfished if MSST = SSBMSY*(1-M or 0.5, whichever
is greater). Regulatory Amendment 21 modifies the overfished definition
to be 75 percent of SSBMSY.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that these final changes to management measures are necessary for the
conservation and management of the South Atlantic snapper-grouper
species contained in Regulatory Amendment 21 and are consistent with
the FMP, the Magnuson-Stevens Act and other applicable law.
The final changes to the management measures have 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. 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 final regulatory
flexibility analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
[[Page 60381]]
Dated: October 2, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-23912 Filed 10-6-14; 8:45 am]
BILLING CODE 3510-22-P
