Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational Management Measures, 4240-4242 [2015-01339]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Proposed Rules]
[Pages 4240-4242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01339]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150105013-5013-01]
RIN 0648-BE62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational 
Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this rule 
would revise the daily bag limit for red grouper in the Gulf of Mexico 
(Gulf) and remove the recreational post-season bag-limit reduction 
accountability measure (AM) for Gulf red grouper. Additionally, this 
rule would correct an error in the Gulf individual fishing quota (IFQ) 
multi-use provisions for the Grouper/Tilefish IFQ program. The purpose 
of this rule is to modify the Gulf red grouper recreational management 
measures to improve recreational fishing opportunities by achieving 
optimal yield for the red grouper resource.

DATES: Written comments must be received on or before February 26, 
2015.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0153'' 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-2014-0153, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Richard Malinowski, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act analysis may be obtained from the Southeast Regional 
Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/.

FOR FURTHER INFORMATION CONTACT: Richard Malinowski, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: rich.malinowski@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under 
the FMP. The FMP was prepared by the Council and is implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    In April 2014, NMFS announced that the Gulf red grouper 
recreational annual catch limit (ACL) was exceeded in 2013. In 
accordance with recreational AMs adopted in Amendment 32 to the FMP (77 
FR 6988, February 10, 2012), this triggered a reduction in the bag 
limit in 2014 from four fish to three fish, and a recreational closure 
was implemented on October 4, 2014, to ensure that landings did not 
exceed the recreational annual catch target (ACT). In response to the 
in-season recreational closure, the Council, at its June 2014 meeting, 
directed staff to begin development of a framework action to 
potentially reduce the recreational bag limit, and adjust the 
recreational AMs in an effort to extend the red grouper recreational 
fishing season.
    Prior to implementation of Amendment 32 to the FMP, the red grouper 
recreational allocation had not been met in recent years. The red 
grouper recreational allocation of the total allowable catch (TAC) was 
initially set at 1.25 million lb (0.567 million kg), gutted weight, in 
2004, was increased to 1.82 million lb (0.826 million kg), gutted 
weight, in 2009, and was then reduced to 1.36 million lb (0.617 million 
kg), gutted weight, in 2011. In 2012, Amendment 32 to the FMP replaced 
the red grouper TAC with an ACL and ACT, and management measures 
intended to allow harvest to achieve the ACT. The red grouper 
recreational ACL and ACT were set for 2012 and beyond at 1.9 million lb 
(0.862 million kg), gutted weight, and 1.73 million lb (0.785 million 
kg), gutted weight, respectively. Also in 2012, the red grouper bag 
limit was increased from two fish to four fish per person, under the 
four-fish aggregate grouper bag limit, to allow the recreational sector 
to fully harvest its allocation and achieve optimum yield. The post-
season AM that was implemented in 2012, was a reduction in the bag 
limit by one fish, if at the end of any season, NMFS determined that 
the recreational sector has exceeded its red grouper ACL. Therefore, 
the bag limit would be reduced to three fish in the following season, 
and could be reduced to two fish the season after that, if the ACL was 
again exceeded. The bag limit would not be reduced below two fish.

Management Measures Contained in This Proposed Rule

    This rule would reduce the Gulf red grouper recreational bag limit 
from four fish to two fish within the four-fish aggregate grouper bag 
limit, and remove the post-season AM that reduces the daily bag limit 
the next fishing season when the previous fishing year's ACL is 
exceeded. The other post-season AMs currently codified in the 
regulations would remain in effect without change. The first post-
season AM currently codified in the regulations applies regardless of 
whether red grouper are overfished and requires that NMFS will publish 
a notification to reduce the length of the recreational red grouper 
fishing season the following fishing year by the amount necessary to 
ensure red grouper recreational landings do not exceed the recreational 
ACT. The second post-season AM currently codified in the regulations 
applies if red grouper are overfished, and requires NMFS to reduce the 
recreational ACL and recreational ACT the following fishing year by the 
prior fishing year's recreational ACL overage.

[[Page 4241]]

Additional Proposed Changes to Codified Text

    Amendment 32 to the FMP established a formula-based method for 
setting gag and red grouper multi-use allocations for the Gulf Grouper/
Tilefish IFQ program to allow for flexibility in harvesting practices 
and address potential bycatch associated with co-occurring species (77 
FR 6988, February 2, 2012). At the beginning of each fishing year, a 
percentage of the gag and red grouper allocation is designated as 
multi-use allocation valid for harvesting either gag or red grouper. 
However, gag multi-use allocation is not available if red grouper is 
under a rebuilding plan and red grouper multi-use allocation is not 
available if gag is under a rebuilding plan. For example, gag multi-use 
allocation would be set to zero percent if red grouper is under a 
rebuilding plan.
    The final rule for Amendment 32 erroneously stated that if red 
grouper is under a rebuilding plan, then red grouper multi-use 
allocation should be set to zero. NMFS corrects this mistake and 
changes ``red grouper multi-use allocation'' to ``gag multi-use 
allocation'' in this instance.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, the FMP, the Magnuson-Stevens Act 
and other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if implemented, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    The objective of this proposed rule is to change the red grouper 
recreational management measures in the Gulf to improve recreational 
fishing opportunities by extending the number of days in the fishing 
season. The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule.
    This proposed rule, if implemented, would not be expected to 
directly affect any small entities. This proposed rule would change the 
red grouper recreational bag limit in the Gulf. Only recreational 
anglers, who may fish from private, rental, charter vessels, or 
headboats, are allowed a bag or possession limit of red grouper in the 
Gulf. Captains or crew members on charter vessels or headboats, cannot 
harvest or possess red grouper under the recreational bag limit. 
Because only recreational anglers are allowed a bag or possession 
limit, only recreational anglers would be directly affected by the 
proposed changes to the red grouper recreational bag limit. 
Recreational anglers, however, are not small entities under the 
Regulatory Flexibility Act (RFA) and the economic effects of this 
proposed rule on these anglers are outside the scope of the RFA.
    Charter vessels and headboats (for-hire vessels) sell fishing 
services to recreational anglers. These vessels provide a platform for 
the opportunity to fish and not a guarantee to catch or harvest any 
species, though expectations of successful fishing, however defined, 
likely factor into the decision to purchase these services. Bag limit 
restrictions only define what can be kept and do not explicitly prevent 
the continued offer of for-hire fishing services. In response to a 
reduced bag limit, including a zero-fish limit, catch and release 
fishing for a target species could continue, as could fishing for other 
species. Because the proposed change in the red grouper bag limit would 
not directly alter the service sold by these vessels, this proposed 
rule would not directly apply to or regulate their operations. For-hire 
vessels would continue to be able to offer their core service, which is 
an attempt to ``put anglers on fish,'' provide the opportunity for 
anglers to catch whatever their skills enable them to catch, and keep 
those fish that they desire to keep and are legal to keep. Any change 
in demand for these fishing services, and associated economic affects, 
as a result of changing the bag limit would be a consequence of 
behavioral change by anglers, secondary to any direct effect on anglers 
and, therefore, an indirect effect of the proposed rule. Because the 
effects on for-hire vessels would be indirect, they fall outside the 
scope of the RFA.
    In addition, no small entities would be expected to be directly 
affected by the proposed corrections of the multi-use allocation 
regulatory text because the conditions that may have allowed 
inappropriate use of the allocation due to the error in the 
implementation of Amendment 32 to the FMP have not occurred since the 
implementation.
    This proposed rule would not require any new reporting, record-
keeping, or other compliance requirements associated with reporting or 
record-keeping that may require professional skills.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf, Recreational, Red grouper.

    Dated: January 20, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF 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.  622.22, the last sentence in paragraph (a)(5)(ii)(B) is 
revised to read as follows:


Sec.  622.22  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

    (a) * * *
    (5) * * *
    (ii) * * *
    (B) * * * However, if red grouper is under a rebuilding plan, the 
percentage of gag multi-use allocation is equal to zero.
* * * * *
0
3. In Sec.  622.38, the first sentence in paragraph (b)(2) is revised 
to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Groupers, combined, excluding goliath grouper--4 per person per 
day, but not to exceed 1 speckled hind or 1 warsaw grouper per vessel 
per day, or 2 gag or 2 red grouper per person per day. * * *
* * * * *

[[Page 4242]]

0
4. In Sec.  622.41, the second sentence in paragraph (e)(2)(ii) is 
revised and the third sentence in paragraph (e)(2)(ii) is removed to 
read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (e) * * *
    (2) * * *
    (ii) * * * In addition, the notification will reduce the length of 
the recreational red grouper fishing season the following fishing year 
by the amount necessary to ensure red grouper recreational landings do 
not exceed the recreational ACT in the following fishing year. * * *
* * * * *

[FR Doc. 2015-01339 Filed 1-26-15; 8:45 am]
BILLING CODE 3510-22-P