Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32, 16583-16589 [2015-06988]
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
cartridges in checked baggage in
addition to the currently authorized
flammable aerosols when stowed in
inaccessible cargo compartments on
passenger-carrying aircraft.
Butane-Powered Curling Iron Articles
As previously stated, 49 CFR 175.10
prescribes certain conditional
exceptions to the HMR for passengers,
crewmembers, and air operators for
hazardous materials contained in their
carry-on (including on one’s person)
and checked baggage. In paragraph
(a)(6), hair curlers (curling irons),
containing a hydrocarbon gas such as
butane, are excepted from the
requirements of the HMR in checked
baggage. Flammable gas refills for such
curlers are not permitted in carry-on or
checked baggage. (emphasis added).
In an NPRM published January 23,
2015 (80 FR 3836; [HM–218H]), PHMSA
is considering prohibiting butanepowered curling iron articles in checked
baggage. We believe the risk posed by
flammable gases in an inaccessible
compartment on a passenger-carrying
aircraft is clear. Flammable gases will
burn if mixed with an appropriate
amount of air and confined burning of
a flammable gas can lead to detonation.
As a result, we remain concerned with
the flammability hazard posed by
butane and other flammable gases and
the ability of such gases to propagate or
contribute to a fire in the cargo
compartment of an aircraft. This
concern is particularly relevant to
carriage in checked baggage, where
damage to the curling iron and the
subsequent release of a flammable gas
may occur if the baggage is mishandled
or the article itself is compromised.
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Conclusion
Because of the risks posed by
flammable gas, a number of safety
requirements apply to cargo shipments
of flammable gas on passenger-carrying
aircraft. As previously stated, most
Division 2.1 (flammable gas) substances
and articles are generally forbidden
from transportation as cargo aboard
passenger-carrying aircraft, and
PHMSA’s proposal to prohibit the
carriage of butane-powered curling irons
in checked baggage is consistent with
this provision. In the area of aviation
safety, where the high volume of travel
and the catastrophic consequences of
failure lead to a very low tolerance for
risk, we firmly believe the known risks
of flammable gas are sufficient basis for
our decision.
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We remain concerned with the
flammability hazard posed by butane
and other flammable gases and the
ability of such gases to propagate or
contribute to a fire in an inaccessible
cargo compartment of a passengercarrying aircraft. Moreover, in light of
the well-established risks related to
flammable gas and the long-standing
prohibition of most flammable gas on
passenger-carrying aircraft, PHMSA will
continue to prohibit fuel cell cartridges
that contain a class 2.1 flammable gas
from being placed in checked baggage.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. 2015–07109 Filed 3–27–15; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
16583
Electronic copies of
Amendment 32, which includes an
environmental assessment, a Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://sero.nmfs.noaa
.gov/sustainable_fisheries/s_atl/sg/
2014/am32/.
ADDRESSES:
Rick
DeVictor, telephone: 727–824–5305, or
email: rick.devictor@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
The
blueline tilefish is a species included in
the snapper-grouper fishery of the South
Atlantic, and the 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
SUPPLEMENTARY INFORMATION:
AGENCY:
On December 19, 2014, NMFS
published a notice of availability for
Amendment 32 and requested public
comment (79 FR 75780). On January 22,
2015, NMFS published a proposed rule
for Amendment 32 and requested public
comment (80 FR 3207). The proposed
rule and Amendment 32 outline the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by Amendment 32 and
this final rule is provided below.
NMFS issues regulations to
implement Amendment 32 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 rule removes
blueline tilefish from the deep-water
complex; establishes blueline tilefish
commercial and recreational sector
annual catch limits (ACLs) and
accountability measures (AMs); revises
the deep-water complex ACLs and AMs;
establishes a blueline tilefish
commercial trip limit; and revises the
blueline tilefish recreational bag limit.
The purpose of this rule is to specify
ACLs and AMs for blueline tilefish to
end overfishing of the stock and
maintain catch levels consistent with
achieving optimum yield (OY) for the
blueline tilefish resource.
DATES: This rule is effective March 30,
2015.
A benchmark assessment for the
blueline tilefish stock in the South
Atlantic was conducted through the
Southeast, Data, Assessment, and
Review (SEDAR) process in 2013
(SEDAR 32). The assessment
determined that the blueline tilefish
stock is undergoing overfishing in the
South Atlantic. NMFS published an
emergency rule on April 17, 2014 (79 FR
21636), that implemented temporary
measures to reduce overfishing of
blueline tilefish while Amendment 32
was under development. Those
measures were extended through a
temporary rule (79 FR 61262, October
10, 2014), and are effective through
April 18, 2015. The temporary measures
of the emergency action include the
following: Removal of blueline tilefish
from the deep-water complex,
specification of sector ACLs and AMs
for blueline tilefish, and revision to the
deep-water complex ACL to reflect the
removal of blueline tilefish from the
complex. Unless otherwise noted, all
weights in this rule are expressed in
round weight.
50 CFR Part 622
[Docket No. 140501394–5279–02]
RIN 0648–BE20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Amendment 32
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY:
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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
Management Measures Contained in
This Final Rule
Removal of Blueline Tilefish From the
Deep-Water Complex
This final rule removes blueline
tilefish from the deep-water complex. In
2012, the Comprehensive ACL
Amendment established a deep-water
complex that contained the following
eight species: Blueline tilefish,
yellowedge grouper, silk snapper, misty
grouper, queen snapper, sand tilefish,
black snapper, and blackfin snapper (77
FR 15916, March 16, 2012).
As a result of blueline tilefish being
assessed through SEDAR 32 and the
Council’s Scientific and Statistical
Committee (SSC) providing an
assessment-based acceptable biological
catch (ABC) recommendation for
blueline tilefish, the Council decided to
remove blueline tilefish from the deepwater complex and establish individual
ACLs and AMs for the blueline tilefish
stock. Amendment 29 to the FMP,
which was approved by the Secretary of
Commerce on February 20, 2015,
revised the deep-water complex ABC,
and Amendment 32 then revised the
deep-water complex commercial and
recreational ACLs.
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Blueline Tilefish Commercial and
Recreational ACLs and AMs
This final rule implements blueline
tilefish commercial and recreational
ACLs to end overfishing of the stock.
The total ACLs (combined commercial
and recreational ACLs, equivalent to a
total ACL) for blueline tilefish are set at
35,632 lb (16,162 kg) for 2015, 53,457 lb
(24,248 kg) for 2016, 71,469 lb (32,418
kg) for 2017, and 87,974 lb (39,904 kg)
for 2018, and subsequent fishing years.
Based on the sector allocations of 50.07
percent and 49.93 percent for the
commercial and recreational sectors, the
commercial ACLs are set at 17,841 lb
(8,093 kg) for 2015, 26,766 lb (12,141 kg)
for 2016, 35,785 lb (16,232 kg) for 2017,
and 44,048 lb (19,980 kg) for 2018, and
subsequent fishing years. The
recreational ACLs are set at 17,791 lb
(8,070 kg) for 2015, 26,691 lb (12,107 kg)
for 2016, 35,685 lb (16,186 kg) for 2017,
and 43,925 lb (19,924 kg) for 2018, and
subsequent fishing years.
This final rule implements
commercial and recreational in-season
AMs for blueline tilefish. If commercial
or recreational landings for blueline
tilefish reach or are projected to reach
the applicable ACL, then the
commercial or recreational sector, as
applicable, would be closed for the
remainder of the fishing year. The
recreational sector would not have an
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in-season closure if the Regional
Administrator (RA) determines, using
the best scientific information available,
that a closure would be unnecessary.
Additionally, if the total ACLs are
exceeded in a fishing year, then during
the following fishing year the
commercial and recreational sectors will
not have an increase in their respective
ACLs.
This rule also implements post-season
ACL overage adjustments (paybacks) for
blueline tilefish. For the commercial
sector, if commercial landings exceed
the commercial ACL, and the total ACL
is exceeded, and blueline tilefish are
overfished, then during the following
fishing year the commercial ACL would
be reduced for that following year by the
amount of the commercial ACL overage
in the prior fishing year. For the
recreational sector, if recreational
landings for blueline tilefish exceed the
applicable recreational ACL, and the
total ACL is exceeded, and blueline
tilefish are overfished, then the length of
the recreational fishing season in the
following fishing year would be reduced
to ensure recreational landings do not
exceed the recreational ACL the
following fishing year. Additionally, the
recreational ACL would be reduced by
the amount of the recreational ACL
overage from the prior fishing year.
However, the recreational fishing season
and recreational ACL would not be
reduced if the RA determines, using the
best scientific information available that
no reduction is necessary.
Additional Blueline Tilefish
Management Measures
This final rule implements a
commercial trip limit of 100 lb (45 kg),
gutted weight; 112 lb (51 kg), round
weight, and revises the recreational bag
limit for blueline tilefish. The
recreational bag limit within the
aggregate grouper and tilefish bag limit
is set at one per vessel per day for the
months of May through August. There is
no retention of blueline tilefish by the
recreational sector from January through
April and from September through
December each year.
Deep-Water Complex Commercial and
Recreational ACLs and AMs
This final rule revises the ACLs and
AMs for the deep-water complex
(composed of yellowedge grouper, silk
snapper, misty grouper, queen snapper,
sand tilefish, black snapper, and
blackfin snapper). This rule changes the
deep-water complex total ACL (both
sectors without blueline tilefish but
with the increased catch levels for silk
snapper and yellowedge grouper
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resulting from their increased ABCs in
Amendment 29), to 170,278 lb (77,237
kg). Additionally, this rule establishes
sector-specific ACLs for the deep-water
complex based on the allocations for
species in the deep-water complex that
were established in the Comprehensive
ACL Amendment (77 FR 15916, March
16, 2012). The commercial ACL for the
complex is set at 131,634 lb (59,708 kg)
and the recreational ACL for the
complex is set at 38,644 lb (17,529 kg).
This final rule revises the AMs for the
deep-water complex including the
commercial post-season AM and the
recreational AMs. The commercial postseason AM is revised as follows: If
commercial landings exceed the
commercial ACL, and the combined
commercial and recreational ACL (total
ACL) is exceeded, and at least one
species in the deep-water complex is
overfished, then during the following
fishing year the complex commercial
ACL would be reduced for that
following year by the amount of the
complex’s commercial ACL overage in
the prior fishing year.
The recreational post-season AM is
revised as follows: For the recreational
sector, if recreational landings for the
deep-water complex exceed the
applicable recreational ACL, and the
combined commercial and recreational
ACL is exceeded, and at least one
species in the complex is overfished,
then the length of the recreational
fishing season in the following fishing
year would be reduced to ensure
recreational landings do not exceed the
recreational ACL the following fishing
year. Additionally, the recreational ACL
would be reduced by the amount of the
recreational ACL overage from the prior
fishing year. However, the recreational
fishing season and recreational ACL
would not be reduced if the RA
determined, using the best scientific
information available, that no reduction
is necessary.
Additional Measures Contained in
Amendment 32
Amendment 32 also contains actions
that are not specified in the regulations.
Amendment 32 revises the definitions
of management thresholds for South
Atlantic blueline tilefish, including
maximum sustainable yield (MSY), OY,
and ABC, and establishes recreational
annual catch targets (ACTs) for blueline
tilefish and revises the ACTs for the
deep-water complex.
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Comments and Responses
A total of 76 comments were received
on Amendment 32 and the proposed
rule from fishers, a fishing association,
and a Federal agency. All of the public
comments received were against the
proposed actions, with the exception of
the comment letter from a Federal
agency that had no comment. Specific
comments related to the actions
contained in Amendment 32 and the
proposed rule, and NMFS’ respective
responses, are summarized and
responded to below.
Comment 1: The proposed ACLs are
too low. Higher ACLs should be
implemented or the ABC and ACLs
should be returned to the levels in place
before the emergency rule was
implemented.
Response: NMFS disagrees that the
ACLs being implemented in this final
rule are too low. A benchmark
assessment for the blueline tilefish stock
in the South Atlantic was conducted in
2013 (SEDAR 32). At its October 2013
meeting, the Council’s SSC determined
the 2013 stock assessment was based on
the best scientific information available
and considered the assessment to be
appropriate for management decisions.
The assessment determined that the
blueline tilefish stock is undergoing
overfishing in the South Atlantic. As
required by the Magnuson-Stevens Act,
the Council must therefore implement
measures to end overfishing within 2
years of notification of an overfishing
status, and NMFS notified the Council
of the blueline tilefish stock status on
December 6, 2013. If the Council and
NMFS allow the ACLs to return to levels
in place prior to the emergency rule,
overfishing of the blueline tilefish stock
would continue.
The ACLs in Amendment 32 are
based on the stock assessment and the
Council’s SSC recommendation for the
ABC. In Amendment 32, the Council
decided to set the total (stock) ACL at
98 percent of the ABC to account for
landings that occur north of the
Council’s area of jurisdiction. As
estimated in SEDAR 32, using data
through 2011, approximately 2 percent
of the total blueline tilefish harvest was
landed north of the North Carolina/
Virginia border. NMFS, the Council, and
the Mid-Atlantic Fishery Management
Council are aware of recent reports of
increased landings north of the
Council’s area of jurisdiction and are
considering measures to address the
issue.
Comment 2: Beginning in 2015, North
Carolina has been requiring catch
reports from all for-hire vessels in North
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Carolina. The Council should wait one
more year before taking action in
Amendment 32 to allow the
incorporation of the information from
the North Carolina for-hire catch
reports.
Response: The Council and NMFS
cannot delay the actions in Amendment
32 to end overfishing of blueline tilefish
to include new information being
developed in North Carolina beginning
in 2015. As required by the MagnusonStevens Act, the Council must
implement measures to end overfishing
within 2 years of notification of an
overfishing status, and NMFS notified
the Council of the blueline tilefish stock
status on December 6, 2013. The next
blueline tilefish stock assessment is
scheduled to begin in 2016. That
assessment will evaluate the available
scientific information, including the
new for-hire catch reports.
Comment 3: The proposed blueline
tilefish recreational bag limit of one per
vessel per day from May to August is
too low. Implement higher bag limits or
retain blueline tilefish in the three fish
per person per day grouper and tilefish
aggregate bag limit.
Response: NMFS disagrees that the
recreational bag limit being established
in this final rule is too low. To end
overfishing of the blueline tilefish stock
in the South Atlantic, the Council and
NMFS are implementing blueline
tilefish specific ACLs and AMs. One of
the recreational AMs is to close the
recreational season when the
recreational ACL is met or projected to
be met. If a higher bag limit were to be
implemented, the likelihood of an ACL
overage would increase as landings
could exceed the recreational ACL
before NMFS could close the
recreational sector.
A recreational bag limit of one
blueline tilefish per vessel per day and
an 8-month annual closure was
determined to be most likely to end
overfishing, reduce recreational harvest,
and potentially reduce blueline tilefish
discards if blueline tilefish are targeted
less during the open season as a result
of the reduced bag limit. The Council
determined that the shortened summer
seasonal opening could provide
increased stability to recreational fishers
for planning purposes as it could
minimize the risk of an in-season
closure and the recreational ACL being
exceeded, which may require postseason AMs in the following fishing
year. In addition, the Council
determined that an opening during the
summer months could increase safetyat-sea by allowing fishing to occur in the
generally calmer summer weather
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compared to a January 1 season opening
during the winter. The recreational bag
limit and seasonal closure for the
blueline tilefish recreational sector
would match what is being proposed by
the Council for snowy grouper through
Regulatory Amendment 20 to the FMP.
The Council determined that similar
recreational management measures and
fishing seasons would be beneficial to
the fish stocks as both species are
caught at similar depths and have
similar high release mortality rates.
Comment 4: The blueline tilefish
commercial trip limit should be 1,000 lb
(450 kg) instead of 100 lb (45 kg).
Response: NMFS disagrees that the
commercial trip limit should be 1,000 lb
(450 kg). The commercial ACL
implemented by this rule in 2015 is
17,841 lb (8,093 kg), round weight with
a commercial trip limit of 100 lb (45 kg),
gutted weight. The commercial AM
implemented by this rule is to close the
commercial sector when the commercial
ACL is met or projected to be met. It is
estimated that the combination of the
commercial ACL, AM, and trip limit
will create a commercial fishing season
length of 156 days in 2015. The Council
considered a range of trip limit
alternatives, including those greater
than 100 lb (45 kg). A 1,000-lb (450-kg)
trip limit would be likely to greatly
reduce the length of the commercial
fishing season and increase the
likelihood of a derby (race-to-fish)
fishery occurring. The Council
determined, after reviewing the analysis
of the estimated season length, that a
trip limit of 100 lb (45 kg), gutted
weight, best meets the purpose of
ending overfishing while extending the
commercial fishing season and
minimizing the adverse effects of a
derby fishery.
Comment 5: The commercial ACL
should be divided 50/50 between the
longline and hook-and-line gear
components.
Response: The Council did not
consider dividing the blueline tilefish
commercial ACL into separate ACLs for
long-line and hook-and-line gear for the
commercial sector in Amendment 32.
Therefore, in Amendment 32, the
commercial ACL is not further divided
by gear type.
Comment 6: Is blueline tilefish
overfished and if not, is Amendment 32
legally credible? If blueline tilefish are
not overfished, haven’t the Council and
NMFS already legally ended overfishing
as required by law?
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Response: The blueline tilefish stock
is not overfished but it is undergoing
overfishing. Overfishing occurs
whenever a stock is subjected to a rate
or level of fishing mortality that
jeopardizes the capacity of a stock to
produce MSY. A stock is overfished
when its size is sufficiently small that
a change in management practices is
required to achieve an appropriate level
and rate of rebuilding.
Based on the SEDAR 32 assessment
conducted in 2013, NMFS determined
that the blueline tilefish stock in the
South Atlantic is experiencing
overfishing and notified the Council of
the stock status on December 6, 2013. At
the time, NMFS also notified the
Council that the stock was overfished
according to the definition of the
minimum stock size threshold (MSST).
However, since that notification, the
Council re-defined the MSST for
blueline tilefish and other fish with low
natural mortality rates in Regulatory
Amendment 21 to the FMP, and
blueline tilefish is no longer overfished
(79 FR 60379, October 7, 2014). Even
though the stock is not overfished,
NMFS and the Council must still
prepare and implement a plan
amendment and regulations to end
overfishing of blueline tilefish by
December 6, 2015.
Comment 7: The South Atlantic
exclusive economic zone (EEZ) should
be divided into separate management
zones for the Florida Keys and North
Carolina. Overfishing is not occurring
throughout the entire EEZ and catches
should only be limited in the areas
where overfishing is occurring.
Response: The Council did not
consider regional management zones for
blueline tilefish in Amendment 32. The
SEDAR 32 stock assessment indicated
that blueline tilefish in the South
Atlantic is undergoing overfishing
throughout the entire South Atlantic
and not just for certain areas within the
South Atlantic.
The Council has discussed dividing
the South Atlantic EEZ into
management areas, such as by state or
region, several times in reference to
various fish species. The Council may
revisit these issues and explore such
options in the future.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
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necessary for the conservation and
management of South Atlantic snappergrouper and is consistent with
Amendment 32, the FMP, the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
In compliance with section 604 of the
RFA, NMFS prepared a Final Regulatory
Flexibility Analysis (FRFA) for this final
rule. The FRFA uses updated
information, when available, and
analyzes the anticipated economic
impacts of the final actions and any
significant economic impacts on small
entities. The FRFA follows.
The description of the action, why it
is being considered and the legal basis
for the rule are contained in the
preamble of the proposed rule and in
the preamble of this final rule. Section
604(a)(2) of the Regulatory Flexibility
Act requires NMFS to summarize
significant issues raised by the public in
response to the IRFA, a summary of the
assessment of such issues, and a
statement of any changes made as a
result of the comments. None of the
public comments received specifically
concerned the IRFA; however, NMFS
received several comments regarding
regional differences in recreational forhire (charter vessel or headboat) fishing
businesses indirectly affected by the
proposed vessel recreational bag limit
and economic impacts of that limit on
those businesses.
Several comments did not support the
change of the recreational bag limit for
blueline tilefish. Presently, an angler
can land and possess up to three
blueline tilefish per day, and any limit
to the number of blueline tilefish landed
by a for-hire fishing vessel is only
limited by the number of persons on
board. This final rule establishes a
recreational vessel limit of one blueline
tilefish per day from May through
August, regardless of how many persons
are onboard the vessel, and zero for all
other months. Most recreational
landings of blueline tilefish have
occurred in North Carolina, which
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indicates for-hire fishing businesses in
North Carolina will experience the
largest adverse indirect economic
impact among the affected for-hire
fishing businesses if the recreational bag
limit causes demand for for-hire fishing
trips to decline.
Up to 681 commercial fishing vessels
operate in the snapper-grouper fishery
of the South Atlantic and up to 282 of
those vessels will be directly affected by
this final rule. It is estimated that up to
282 businesses will be directly affected;
however, the number of businesses is
likely closer to 126, because 126 is the
average number of vessels with blueline
tilefish landings annually from 2009
through 2013. According to the Small
Business Administration (SBA) size
standards, a business in the finfish
fishing industry (NAICS 114111) is
considered a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including affiliates), and has combined
annual receipts not in excess of $20.5
million. It is estimated that all of the
directly affected businesses have annual
revenues less than the size standard.
Consequently, up to 282, but more
likely closer to 126, small commercial
fishing businesses own and operate the
directly affected vessels.
Anglers who catch deep-water
complex species and blueline tilefish in
the EEZ will be directly affected;
however, anglers are not considered
small entities as that term is defined in
5 U.S.C. 601(6), whether fishing from
for-hire fishing, private or leased
vessels. For-hire fishing vessels will be
indirectly affected, and as of February
20, 2015, there are up to 1,390 for-hire
fishing vessels with a Federal charter
vessel/headboat permit for South
Atlantic snapper-grouper that will be
indirectly affected. The SBA annual
receipts threshold for a for-hire fishing
business is $7 million (NAICS 487210).
It is unknown how many small
businesses own and operate the above
1,390 for-hire fishing vessels.
The revised commercial ACL for
deep-water complex species is
estimated to benefit up to 156, but more
likely closer to 126, vessels annually by
increasing average annual dockside
revenue of each vessel by $1,565, but
more likely closer to $1,937 (2012
dollars). If those vessels represent from
126 to 156 small businesses, the average
annual benefit would be from $1,937 to
$1,565 (2012 dollars), respectively.
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The combination of the commercial
ACL and in-season AM for blueline
tilefish is expected to directly affect 126
vessels and will reduce average annual
dockside revenue. The decrease will
range from $4,574 to $5,390 (2012
dollars) per vessel. The commercial trip
limit for blueline tilefish will reduce the
average annual dockside revenue of 21
vessels with a 225-lb (102.1-kg) trip
limit snapper-grouper permit by $1,777
each and 105 vessels with an unlimited
permit by $5,990 each (2012 dollars).
The decrease in average annual
dockside revenue caused by the
combination of the commercial ACL,
AM, and trip limit for blueline tilefish
will range from $5,751 to $11,380 (2012
dollars) per vessel and small business.
It is unknown how many of the 126
small businesses referenced above land
both deep-water complex species and
blueline tilefish. However, if all of the
126 small businesses that land blueline
tilefish also account for all of the
landings of the deep-water complex
species, the annual benefit from
increased landings of deep-water
complex species and annual cost from
decreased landings of blueline tilefish
would produce a combined net loss of
annual dockside revenue that ranges
from $3,814 to $9,443 (2012 dollars) per
small business.
No changes were made after
publication of the proposed rule to
reduce the adverse economic impacts of
the rule. However, considered, but not
adopted, alternatives included a smaller
commercial ACL for the deep-water
complex that would have increased the
adverse economic impact and a larger
commercial ACL and trip limit for
blueline tilefish that would have
reduced the direct adverse economic
impacts of finfish fishing businesses. A
larger trip limit, however, would
decrease the likelihood that all of the
estimated 126 vessels and small
businesses, especially the smallest of
the small, have blueline tilefish
landings during the year. Considered,
but not adopted, alternatives would
have either increased or decreased the
indirect adverse economic impact on
for-hire fishing businesses.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
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publications as small entity compliance
guides. As part of the rulemaking
process, NMFS prepared a fishery
bulletin, which also serves as a small
entity compliance guide. The fishery
bulletin will be sent to all interested
parties.
The AA finds good cause to waive the
30-day delay in effectiveness of the
actions in this final rule under 5 U.S.C.
553(d)(3) because it would be contrary
to the public interest. Delaying the
effectiveness of this rule would be
contrary to the public interest because
delaying the implementation of the
measures contained within this rule is
likely to allow the emergency measures
to lapse and overfishing of blueline
tilefish to continue. The time needed for
the Council to develop, approve, and
submit Amendment 32 on November 13,
2014, and the required schedules of the
Federal rulemaking process did not
allow for additional time to be available
with respect to this rule’s effectiveness
and the ending of the emergency
measures. Blueline tilefish are currently
undergoing overfishing so any delay
would undermine the purpose of this
rule. If the rule is not implemented
immediately, NMFS will likely be
required to implement more severe
harvest reductions and/or implement
AMs that could have greater socioeconomic impacts on South Atlantic
blueline tilefish fishers. Any delay in
the implementation of this final rule
would allow the emergency measures to
lapse and would allow harvest to
continue at a level that is not consistent
with National Standard 1 of the
Magnuson-Stevens Act. Additionally,
delaying the implementation of the
measures within this rule for the deepwater complex would be contrary to the
public interest as the ACLs for the
species within the complex are
increasing and thereby this rule
increases the potential benefit to fishers
with respect to the revised complex
ACL.
List of Subjects in 50 CFR Part 622
Blueline tilefish, deep-water complex,
Fisheries, Fishing, South Atlantic,
Snapper-Grouper.
Dated: March 23, 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 amended
as follows:
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16587
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, paragraph (b)(7) is
added to read as follows:
■
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(7) Blueline tilefish recreational sector
closure. The recreational sector for
blueline tilefish in or from the South
Atlantic EEZ is closed from January 1
through April 30, and September 1
through December 31, each year. During
a closure, the bag and possession limit
for blueline tilefish in or from the South
Atlantic EEZ is zero.
3. In § 622.187, paragraphs (b)(2)(iii)
and (iv) are revised and paragraph
(b)(2)(v) is added to read as follows:
■
§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) No more than one fish may be a
golden tilefish;
(iv) No more than one fish per vessel
may be a blueline tilefish; and
(v) No goliath grouper or Nassau
grouper may be retained.
*
*
*
*
*
4. In § 622.191, paragraph (a)(10) is
added to read as follows:
■
§ 622.191
Commercial trip limits.
*
*
*
*
*
(a) * * *
(10) Blueline tilefish. Until the
applicable ACL specified in
§ 622.193(z)(1)(iii) is reached or
projected to be reached, 100 lb (45 kg),
gutted weight; 112 lb (51 kg), round
weight. See § 622.193(z)(1)(i) for the
limitations regarding blueline tilefish
after the commercial ACL is reached.
*
*
*
*
*
5. In § 622.193:
a. The suspension on paragraph (h) is
lifted;
■ b. Paragraph (h) is revised;
■ c. Paragraph (z) is revised; and
■ d. Paragraph (aa) is removed.
The revisions read as follows:
■
■
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§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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*
*
*
*
*
(h) Deep-water complex (including
yellowedge grouper, silk snapper, misty
grouper, queen snapper, sand tilefish,
black snapper, and blackfin snapper)—
(1) Commercial sector. (i) If commercial
landings for the deep-water complex, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 131,634 lb (59,708 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 deep-water complex
species is prohibited and harvest or
possession of these species in or from
the South Atlantic EEZ is limited to the
bag and possession limits. These bag
and possession limits apply 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) If commercial landings exceed the
ACL, and the combined commercial and
recreational ACL (total ACL) specified
in paragraph (h)(3) of this section, is
exceeded, and at least one of the species
in the deep-water complex is
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,
at or near the beginning of the following
fishing year to reduce the commercial
ACL for that following year by the
amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector. (i) If
recreational landings for the deep-water
complex, as estimated by the SRD, are
projected to reach the recreational ACL
of 38,644 lb (17,529 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year, unless the RA
determines that no closure is necessary
based on the best scientific information
available. On and after the effective date
of such a notification, the bag and
possession limits are zero.
(ii) If recreational landings for the
deep-water complex, exceed the
applicable recreational ACL, and the
combined commercial and recreational
ACL (total ACL) specified in paragraph
(h)(3) of this section is exceeded, and at
least one of the species in the deep-
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water complex is 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 reduce the length of
the recreational fishing season in the
following fishing year to ensure
recreational landings do not exceed the
recreational ACL the following fishing
year. When NMFS reduces the length of
the following recreational fishing season
and closes the recreational sector, the
following closure provisions apply: The
bag and possession limits for the deepwater complex in or from the South
Atlantic EEZ are zero. Additionally, the
recreational ACL will be reduced by the
amount of the recreational ACL overage
in the prior fishing year. The fishing
season and recreational ACL will not be
reduced if the RA determines, using the
best scientific information available that
no reduction is necessary.
(3) The combined commercial and
recreational sector ACL (total ACL) is
170,278 lb (77,237 kg), round weight.
*
*
*
*
*
(z) Blueline tilefish—(1) Commercial
sector. (i) If commercial landings for
blueline tilefish, as estimated by the
SRD, reach or are projected to reach the
applicable ACL in paragraph (z)(1)(iii)
of this section, 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 blueline tilefish is prohibited and
harvest or possession of this species in
or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
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) If commercial landings exceed the
ACL, and the combined commercial and
recreational ACL (total ACL) specified
in paragraph (z)(3) of this section is
exceeded, and blueline tilefish 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,
at or near the beginning of the following
fishing year to reduce the commercial
ACL for that following year by the
amount of the commercial ACL overage
in the prior fishing year.
(iii) The applicable commercial ACLs,
in round weight, are 17,841 lb (8,093 kg)
for 2015, 26,766 lb (12,141 kg) for 2016,
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35,785 lb (16,232 kg) for 2017, and
44,048 lb (19,980 kg) for 2018 and
subsequent fishing years. The
commercial ACL will not increase
automatically in a subsequent fishing
year if landings exceed or are projected
to exceed the total ACL in the prior
fishing year, as specified in paragraph
(z)(3) of this section.
(2) Recreational sector. (i) If
recreational landings for blueline
tilefish, as estimated by the SRD, are
projected to reach the applicable ACL in
paragraph (z)(2)(iii) of this section, the
AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year, unless the RA
determines that no closure is necessary
based on the best scientific information
available. On and after the effective date
of such a notification, the bag and
possession limits are zero.
(ii) If recreational landings for
blueline tilefish, exceed the applicable
recreational ACL, and the combined
commercial and recreational ACL (total
ACL) specified in paragraph (z)(3) of
this section, is exceeded, and blueline
tilefish is 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 reduce the length of the recreational
fishing season in the following fishing
year to ensure recreational landings do
not exceed the recreational ACL the
following fishing year. When NMFS
reduces the length of the following
recreational fishing season and closes
the recreational sector, the following
closure provisions apply: The bag and
possession limits for blueline tilefish in
or from the South Atlantic EEZ are zero.
Additionally, the recreational ACL will
be reduced by the amount of the
recreational ACL overage in the prior
fishing year. The fishing season and
recreational ACL will not be reduced if
the RA determines, using the best
scientific information available that no
reduction is necessary.
(iii) The applicable recreational ACLs,
in round weight, are 17,791 lb (8,070 kg)
for 2015, 26,691 lb (12,107 kg) for 2016,
35,685 lb (16,186 kg) for 2017, and
43,925 lb (19,924 kg) for 2018 and
subsequent fishing years. The
recreational ACL will not increase
automatically in a subsequent fishing
year if landings exceed or are projected
to exceed the total ACL in the prior
fishing year, as specified in paragraph
(z)(3) of this section.
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(3) Without regard to overfished
status, if the combined commercial and
recreational ACL (total ACL), as
estimated by the SRD, is exceeded in a
fishing year, then during the following
fishing year, an automatic increase will
not be applied to the commercial and
recreational ACLs. The RA will evaluate
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the landings data, using the best
scientific information available, to
determine whether or not an increase in
the commercial and recreational ACLs
will be applied. The applicable
combined commercial and recreational
sector ACLs (total ACLs), in round
weight are 35,632 lb (16,162 kg) for
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16589
2015, 53,457 lb (24,248 kg) for 2016,
71,469 lb (32,418 kg) for 2017, and
87,974 lb (39,904 kg) for 2018 and
subsequent fishing years.
*
*
*
*
*
[FR Doc. 2015–06988 Filed 3–27–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16583-16589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06988]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140501394-5279-02]
RIN 0648-BE20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 32 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 rule removes blueline tilefish from
the deep-water complex; establishes blueline tilefish commercial and
recreational sector annual catch limits (ACLs) and accountability
measures (AMs); revises the deep-water complex ACLs and AMs;
establishes a blueline tilefish commercial trip limit; and revises the
blueline tilefish recreational bag limit. The purpose of this rule is
to specify ACLs and AMs for blueline tilefish to end overfishing of the
stock and maintain catch levels consistent with achieving optimum yield
(OY) for the blueline tilefish resource.
DATES: This rule is effective March 30, 2015.
ADDRESSES: Electronic copies of Amendment 32, which includes an
environmental assessment, a Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from the Southeast
Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/am32/.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The blueline tilefish is a species included
in the snapper-grouper fishery of the South Atlantic, and the 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).
On December 19, 2014, NMFS published a notice of availability for
Amendment 32 and requested public comment (79 FR 75780). On January 22,
2015, NMFS published a proposed rule for Amendment 32 and requested
public comment (80 FR 3207). The proposed rule and Amendment 32 outline
the rationale for the actions contained in this final rule. A summary
of the actions implemented by Amendment 32 and this final rule is
provided below.
A benchmark assessment for the blueline tilefish stock in the South
Atlantic was conducted through the Southeast, Data, Assessment, and
Review (SEDAR) process in 2013 (SEDAR 32). The assessment determined
that the blueline tilefish stock is undergoing overfishing in the South
Atlantic. NMFS published an emergency rule on April 17, 2014 (79 FR
21636), that implemented temporary measures to reduce overfishing of
blueline tilefish while Amendment 32 was under development. Those
measures were extended through a temporary rule (79 FR 61262, October
10, 2014), and are effective through April 18, 2015. The temporary
measures of the emergency action include the following: Removal of
blueline tilefish from the deep-water complex, specification of sector
ACLs and AMs for blueline tilefish, and revision to the deep-water
complex ACL to reflect the removal of blueline tilefish from the
complex. Unless otherwise noted, all weights in this rule are expressed
in round weight.
[[Page 16584]]
Management Measures Contained in This Final Rule
Removal of Blueline Tilefish From the Deep-Water Complex
This final rule removes blueline tilefish from the deep-water
complex. In 2012, the Comprehensive ACL Amendment established a deep-
water complex that contained the following eight species: Blueline
tilefish, yellowedge grouper, silk snapper, misty grouper, queen
snapper, sand tilefish, black snapper, and blackfin snapper (77 FR
15916, March 16, 2012).
As a result of blueline tilefish being assessed through SEDAR 32
and the Council's Scientific and Statistical Committee (SSC) providing
an assessment-based acceptable biological catch (ABC) recommendation
for blueline tilefish, the Council decided to remove blueline tilefish
from the deep-water complex and establish individual ACLs and AMs for
the blueline tilefish stock. Amendment 29 to the FMP, which was
approved by the Secretary of Commerce on February 20, 2015, revised the
deep-water complex ABC, and Amendment 32 then revised the deep-water
complex commercial and recreational ACLs.
Blueline Tilefish Commercial and Recreational ACLs and AMs
This final rule implements blueline tilefish commercial and
recreational ACLs to end overfishing of the stock. The total ACLs
(combined commercial and recreational ACLs, equivalent to a total ACL)
for blueline tilefish are set at 35,632 lb (16,162 kg) for 2015, 53,457
lb (24,248 kg) for 2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb
(39,904 kg) for 2018, and subsequent fishing years. Based on the sector
allocations of 50.07 percent and 49.93 percent for the commercial and
recreational sectors, the commercial ACLs are set at 17,841 lb (8,093
kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb (16,232 kg) for
2017, and 44,048 lb (19,980 kg) for 2018, and subsequent fishing years.
The recreational ACLs are set at 17,791 lb (8,070 kg) for 2015, 26,691
lb (12,107 kg) for 2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb
(19,924 kg) for 2018, and subsequent fishing years.
This final rule implements commercial and recreational in-season
AMs for blueline tilefish. If commercial or recreational landings for
blueline tilefish reach or are projected to reach the applicable ACL,
then the commercial or recreational sector, as applicable, would be
closed for the remainder of the fishing year. The recreational sector
would not have an in-season closure if the Regional Administrator (RA)
determines, using the best scientific information available, that a
closure would be unnecessary.
Additionally, if the total ACLs are exceeded in a fishing year,
then during the following fishing year the commercial and recreational
sectors will not have an increase in their respective ACLs.
This rule also implements post-season ACL overage adjustments
(paybacks) for blueline tilefish. For the commercial sector, if
commercial landings exceed the commercial ACL, and the total ACL is
exceeded, and blueline tilefish are overfished, then during the
following fishing year the commercial ACL would be reduced for that
following year by the amount of the commercial ACL overage in the prior
fishing year. For the recreational sector, if recreational landings for
blueline tilefish exceed the applicable recreational ACL, and the total
ACL is exceeded, and blueline tilefish are overfished, then the length
of the recreational fishing season in the following fishing year would
be reduced to ensure recreational landings do not exceed the
recreational ACL the following fishing year. Additionally, the
recreational ACL would be reduced by the amount of the recreational ACL
overage from the prior fishing year. However, the recreational fishing
season and recreational ACL would not be reduced if the RA determines,
using the best scientific information available that no reduction is
necessary.
Additional Blueline Tilefish Management Measures
This final rule implements a commercial trip limit of 100 lb (45
kg), gutted weight; 112 lb (51 kg), round weight, and revises the
recreational bag limit for blueline tilefish. The recreational bag
limit within the aggregate grouper and tilefish bag limit is set at one
per vessel per day for the months of May through August. There is no
retention of blueline tilefish by the recreational sector from January
through April and from September through December each year.
Deep-Water Complex Commercial and Recreational ACLs and AMs
This final rule revises the ACLs and AMs for the deep-water complex
(composed of yellowedge grouper, silk snapper, misty grouper, queen
snapper, sand tilefish, black snapper, and blackfin snapper). This rule
changes the deep-water complex total ACL (both sectors without blueline
tilefish but with the increased catch levels for silk snapper and
yellowedge grouper resulting from their increased ABCs in Amendment
29), to 170,278 lb (77,237 kg). Additionally, this rule establishes
sector-specific ACLs for the deep-water complex based on the
allocations for species in the deep-water complex that were established
in the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012). The
commercial ACL for the complex is set at 131,634 lb (59,708 kg) and the
recreational ACL for the complex is set at 38,644 lb (17,529 kg).
This final rule revises the AMs for the deep-water complex
including the commercial post-season AM and the recreational AMs. The
commercial post-season AM is revised as follows: If commercial landings
exceed the commercial ACL, and the combined commercial and recreational
ACL (total ACL) is exceeded, and at least one species in the deep-water
complex is overfished, then during the following fishing year the
complex commercial ACL would be reduced for that following year by the
amount of the complex's commercial ACL overage in the prior fishing
year.
The recreational post-season AM is revised as follows: For the
recreational sector, if recreational landings for the deep-water
complex exceed the applicable recreational ACL, and the combined
commercial and recreational ACL is exceeded, and at least one species
in the complex is overfished, then the length of the recreational
fishing season in the following fishing year would be reduced to ensure
recreational landings do not exceed the recreational ACL the following
fishing year. Additionally, the recreational ACL would be reduced by
the amount of the recreational ACL overage from the prior fishing year.
However, the recreational fishing season and recreational ACL would not
be reduced if the RA determined, using the best scientific information
available, that no reduction is necessary.
Additional Measures Contained in Amendment 32
Amendment 32 also contains actions that are not specified in the
regulations. Amendment 32 revises the definitions of management
thresholds for South Atlantic blueline tilefish, including maximum
sustainable yield (MSY), OY, and ABC, and establishes recreational
annual catch targets (ACTs) for blueline tilefish and revises the ACTs
for the deep-water complex.
[[Page 16585]]
Comments and Responses
A total of 76 comments were received on Amendment 32 and the
proposed rule from fishers, a fishing association, and a Federal
agency. All of the public comments received were against the proposed
actions, with the exception of the comment letter from a Federal agency
that had no comment. Specific comments related to the actions contained
in Amendment 32 and the proposed rule, and NMFS' respective responses,
are summarized and responded to below.
Comment 1: The proposed ACLs are too low. Higher ACLs should be
implemented or the ABC and ACLs should be returned to the levels in
place before the emergency rule was implemented.
Response: NMFS disagrees that the ACLs being implemented in this
final rule are too low. A benchmark assessment for the blueline
tilefish stock in the South Atlantic was conducted in 2013 (SEDAR 32).
At its October 2013 meeting, the Council's SSC determined the 2013
stock assessment was based on the best scientific information available
and considered the assessment to be appropriate for management
decisions.
The assessment determined that the blueline tilefish stock is
undergoing overfishing in the South Atlantic. As required by the
Magnuson-Stevens Act, the Council must therefore implement measures to
end overfishing within 2 years of notification of an overfishing
status, and NMFS notified the Council of the blueline tilefish stock
status on December 6, 2013. If the Council and NMFS allow the ACLs to
return to levels in place prior to the emergency rule, overfishing of
the blueline tilefish stock would continue.
The ACLs in Amendment 32 are based on the stock assessment and the
Council's SSC recommendation for the ABC. In Amendment 32, the Council
decided to set the total (stock) ACL at 98 percent of the ABC to
account for landings that occur north of the Council's area of
jurisdiction. As estimated in SEDAR 32, using data through 2011,
approximately 2 percent of the total blueline tilefish harvest was
landed north of the North Carolina/Virginia border. NMFS, the Council,
and the Mid-Atlantic Fishery Management Council are aware of recent
reports of increased landings north of the Council's area of
jurisdiction and are considering measures to address the issue.
Comment 2: Beginning in 2015, North Carolina has been requiring
catch reports from all for-hire vessels in North Carolina. The Council
should wait one more year before taking action in Amendment 32 to allow
the incorporation of the information from the North Carolina for-hire
catch reports.
Response: The Council and NMFS cannot delay the actions in
Amendment 32 to end overfishing of blueline tilefish to include new
information being developed in North Carolina beginning in 2015. As
required by the Magnuson-Stevens Act, the Council must implement
measures to end overfishing within 2 years of notification of an
overfishing status, and NMFS notified the Council of the blueline
tilefish stock status on December 6, 2013. The next blueline tilefish
stock assessment is scheduled to begin in 2016. That assessment will
evaluate the available scientific information, including the new for-
hire catch reports.
Comment 3: The proposed blueline tilefish recreational bag limit of
one per vessel per day from May to August is too low. Implement higher
bag limits or retain blueline tilefish in the three fish per person per
day grouper and tilefish aggregate bag limit.
Response: NMFS disagrees that the recreational bag limit being
established in this final rule is too low. To end overfishing of the
blueline tilefish stock in the South Atlantic, the Council and NMFS are
implementing blueline tilefish specific ACLs and AMs. One of the
recreational AMs is to close the recreational season when the
recreational ACL is met or projected to be met. If a higher bag limit
were to be implemented, the likelihood of an ACL overage would increase
as landings could exceed the recreational ACL before NMFS could close
the recreational sector.
A recreational bag limit of one blueline tilefish per vessel per
day and an 8-month annual closure was determined to be most likely to
end overfishing, reduce recreational harvest, and potentially reduce
blueline tilefish discards if blueline tilefish are targeted less
during the open season as a result of the reduced bag limit. The
Council determined that the shortened summer seasonal opening could
provide increased stability to recreational fishers for planning
purposes as it could minimize the risk of an in-season closure and the
recreational ACL being exceeded, which may require post-season AMs in
the following fishing year. In addition, the Council determined that an
opening during the summer months could increase safety-at-sea by
allowing fishing to occur in the generally calmer summer weather
compared to a January 1 season opening during the winter. The
recreational bag limit and seasonal closure for the blueline tilefish
recreational sector would match what is being proposed by the Council
for snowy grouper through Regulatory Amendment 20 to the FMP. The
Council determined that similar recreational management measures and
fishing seasons would be beneficial to the fish stocks as both species
are caught at similar depths and have similar high release mortality
rates.
Comment 4: The blueline tilefish commercial trip limit should be
1,000 lb (450 kg) instead of 100 lb (45 kg).
Response: NMFS disagrees that the commercial trip limit should be
1,000 lb (450 kg). The commercial ACL implemented by this rule in 2015
is 17,841 lb (8,093 kg), round weight with a commercial trip limit of
100 lb (45 kg), gutted weight. The commercial AM implemented by this
rule is to close the commercial sector when the commercial ACL is met
or projected to be met. It is estimated that the combination of the
commercial ACL, AM, and trip limit will create a commercial fishing
season length of 156 days in 2015. The Council considered a range of
trip limit alternatives, including those greater than 100 lb (45 kg). A
1,000-lb (450-kg) trip limit would be likely to greatly reduce the
length of the commercial fishing season and increase the likelihood of
a derby (race-to-fish) fishery occurring. The Council determined, after
reviewing the analysis of the estimated season length, that a trip
limit of 100 lb (45 kg), gutted weight, best meets the purpose of
ending overfishing while extending the commercial fishing season and
minimizing the adverse effects of a derby fishery.
Comment 5: The commercial ACL should be divided 50/50 between the
longline and hook-and-line gear components.
Response: The Council did not consider dividing the blueline
tilefish commercial ACL into separate ACLs for long-line and hook-and-
line gear for the commercial sector in Amendment 32. Therefore, in
Amendment 32, the commercial ACL is not further divided by gear type.
Comment 6: Is blueline tilefish overfished and if not, is Amendment
32 legally credible? If blueline tilefish are not overfished, haven't
the Council and NMFS already legally ended overfishing as required by
law?
[[Page 16586]]
Response: The blueline tilefish stock is not overfished but it is
undergoing overfishing. Overfishing occurs whenever a stock is
subjected to a rate or level of fishing mortality that jeopardizes the
capacity of a stock to produce MSY. A stock is overfished when its size
is sufficiently small that a change in management practices is required
to achieve an appropriate level and rate of rebuilding.
Based on the SEDAR 32 assessment conducted in 2013, NMFS determined
that the blueline tilefish stock in the South Atlantic is experiencing
overfishing and notified the Council of the stock status on December 6,
2013. At the time, NMFS also notified the Council that the stock was
overfished according to the definition of the minimum stock size
threshold (MSST). However, since that notification, the Council re-
defined the MSST for blueline tilefish and other fish with low natural
mortality rates in Regulatory Amendment 21 to the FMP, and blueline
tilefish is no longer overfished (79 FR 60379, October 7, 2014). Even
though the stock is not overfished, NMFS and the Council must still
prepare and implement a plan amendment and regulations to end
overfishing of blueline tilefish by December 6, 2015.
Comment 7: The South Atlantic exclusive economic zone (EEZ) should
be divided into separate management zones for the Florida Keys and
North Carolina. Overfishing is not occurring throughout the entire EEZ
and catches should only be limited in the areas where overfishing is
occurring.
Response: The Council did not consider regional management zones
for blueline tilefish in Amendment 32. The SEDAR 32 stock assessment
indicated that blueline tilefish in the South Atlantic is undergoing
overfishing throughout the entire South Atlantic and not just for
certain areas within the South Atlantic.
The Council has discussed dividing the South Atlantic EEZ into
management areas, such as by state or region, several times in
reference to various fish species. The Council may revisit these issues
and explore such options in the future.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of South Atlantic snapper-grouper and is consistent with Amendment 32,
the FMP, the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
In compliance with section 604 of the RFA, NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA) for this final rule. The FRFA
uses updated information, when available, and analyzes the anticipated
economic impacts of the final actions and any significant economic
impacts on small entities. The FRFA follows.
The description of the action, why it is being considered and the
legal basis for the rule are contained in the preamble of the proposed
rule and in the preamble of this final rule. Section 604(a)(2) of the
Regulatory Flexibility Act requires NMFS to summarize significant
issues raised by the public in response to the IRFA, a summary of the
assessment of such issues, and a statement of any changes made as a
result of the comments. None of the public comments received
specifically concerned the IRFA; however, NMFS received several
comments regarding regional differences in recreational for-hire
(charter vessel or headboat) fishing businesses indirectly affected by
the proposed vessel recreational bag limit and economic impacts of that
limit on those businesses.
Several comments did not support the change of the recreational bag
limit for blueline tilefish. Presently, an angler can land and possess
up to three blueline tilefish per day, and any limit to the number of
blueline tilefish landed by a for-hire fishing vessel is only limited
by the number of persons on board. This final rule establishes a
recreational vessel limit of one blueline tilefish per day from May
through August, regardless of how many persons are onboard the vessel,
and zero for all other months. Most recreational landings of blueline
tilefish have occurred in North Carolina, which indicates for-hire
fishing businesses in North Carolina will experience the largest
adverse indirect economic impact among the affected for-hire fishing
businesses if the recreational bag limit causes demand for for-hire
fishing trips to decline.
Up to 681 commercial fishing vessels operate in the snapper-grouper
fishery of the South Atlantic and up to 282 of those vessels will be
directly affected by this final rule. It is estimated that up to 282
businesses will be directly affected; however, the number of businesses
is likely closer to 126, because 126 is the average number of vessels
with blueline tilefish landings annually from 2009 through 2013.
According to the Small Business Administration (SBA) size standards, a
business in the finfish fishing industry (NAICS 114111) is considered a
small business if it is independently owned and operated, is not
dominant in its field of operation (including affiliates), and has
combined annual receipts not in excess of $20.5 million. It is
estimated that all of the directly affected businesses have annual
revenues less than the size standard. Consequently, up to 282, but more
likely closer to 126, small commercial fishing businesses own and
operate the directly affected vessels.
Anglers who catch deep-water complex species and blueline tilefish
in the EEZ will be directly affected; however, anglers are not
considered small entities as that term is defined in 5 U.S.C. 601(6),
whether fishing from for-hire fishing, private or leased vessels. For-
hire fishing vessels will be indirectly affected, and as of February
20, 2015, there are up to 1,390 for-hire fishing vessels with a Federal
charter vessel/headboat permit for South Atlantic snapper-grouper that
will be indirectly affected. The SBA annual receipts threshold for a
for-hire fishing business is $7 million (NAICS 487210). It is unknown
how many small businesses own and operate the above 1,390 for-hire
fishing vessels.
The revised commercial ACL for deep-water complex species is
estimated to benefit up to 156, but more likely closer to 126, vessels
annually by increasing average annual dockside revenue of each vessel
by $1,565, but more likely closer to $1,937 (2012 dollars). If those
vessels represent from 126 to 156 small businesses, the average annual
benefit would be from $1,937 to $1,565 (2012 dollars), respectively.
[[Page 16587]]
The combination of the commercial ACL and in-season AM for blueline
tilefish is expected to directly affect 126 vessels and will reduce
average annual dockside revenue. The decrease will range from $4,574 to
$5,390 (2012 dollars) per vessel. The commercial trip limit for
blueline tilefish will reduce the average annual dockside revenue of 21
vessels with a 225-lb (102.1-kg) trip limit snapper-grouper permit by
$1,777 each and 105 vessels with an unlimited permit by $5,990 each
(2012 dollars). The decrease in average annual dockside revenue caused
by the combination of the commercial ACL, AM, and trip limit for
blueline tilefish will range from $5,751 to $11,380 (2012 dollars) per
vessel and small business.
It is unknown how many of the 126 small businesses referenced above
land both deep-water complex species and blueline tilefish. However, if
all of the 126 small businesses that land blueline tilefish also
account for all of the landings of the deep-water complex species, the
annual benefit from increased landings of deep-water complex species
and annual cost from decreased landings of blueline tilefish would
produce a combined net loss of annual dockside revenue that ranges from
$3,814 to $9,443 (2012 dollars) per small business.
No changes were made after publication of the proposed rule to
reduce the adverse economic impacts of the rule. However, considered,
but not adopted, alternatives included a smaller commercial ACL for the
deep-water complex that would have increased the adverse economic
impact and a larger commercial ACL and trip limit for blueline tilefish
that would have reduced the direct adverse economic impacts of finfish
fishing businesses. A larger trip limit, however, would decrease the
likelihood that all of the estimated 126 vessels and small businesses,
especially the smallest of the small, have blueline tilefish landings
during the year. Considered, but not adopted, alternatives would have
either increased or decreased the indirect adverse economic impact on
for-hire fishing businesses.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. As part of the rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all interested parties.
The AA finds good cause to waive the 30-day delay in effectiveness
of the actions in this final rule under 5 U.S.C. 553(d)(3) because it
would be contrary to the public interest. Delaying the effectiveness of
this rule would be contrary to the public interest because delaying the
implementation of the measures contained within this rule is likely to
allow the emergency measures to lapse and overfishing of blueline
tilefish to continue. The time needed for the Council to develop,
approve, and submit Amendment 32 on November 13, 2014, and the required
schedules of the Federal rulemaking process did not allow for
additional time to be available with respect to this rule's
effectiveness and the ending of the emergency measures. Blueline
tilefish are currently undergoing overfishing so any delay would
undermine the purpose of this rule. If the rule is not implemented
immediately, NMFS will likely be required to implement more severe
harvest reductions and/or implement AMs that could have greater socio-
economic impacts on South Atlantic blueline tilefish fishers. Any delay
in the implementation of this final rule would allow the emergency
measures to lapse and would allow harvest to continue at a level that
is not consistent with National Standard 1 of the Magnuson-Stevens Act.
Additionally, delaying the implementation of the measures within this
rule for the deep-water complex would be contrary to the public
interest as the ACLs for the species within the complex are increasing
and thereby this rule increases the potential benefit to fishers with
respect to the revised complex ACL.
List of Subjects in 50 CFR Part 622
Blueline tilefish, deep-water complex, Fisheries, Fishing, South
Atlantic, Snapper-Grouper.
Dated: March 23, 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 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, paragraph (b)(7) is added to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(7) Blueline tilefish recreational sector closure. The recreational
sector for blueline tilefish in or from the South Atlantic EEZ is
closed from January 1 through April 30, and September 1 through
December 31, each year. During a closure, the bag and possession limit
for blueline tilefish in or from the South Atlantic EEZ is zero.
0
3. In Sec. 622.187, paragraphs (b)(2)(iii) and (iv) are revised and
paragraph (b)(2)(v) is added to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iii) No more than one fish may be a golden tilefish;
(iv) No more than one fish per vessel may be a blueline tilefish;
and
(v) No goliath grouper or Nassau grouper may be retained.
* * * * *
0
4. In Sec. 622.191, paragraph (a)(10) is added to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(10) Blueline tilefish. Until the applicable ACL specified in Sec.
622.193(z)(1)(iii) is reached or projected to be reached, 100 lb (45
kg), gutted weight; 112 lb (51 kg), round weight. See Sec.
622.193(z)(1)(i) for the limitations regarding blueline tilefish after
the commercial ACL is reached.
* * * * *
0
5. In Sec. 622.193:
0
a. The suspension on paragraph (h) is lifted;
0
b. Paragraph (h) is revised;
0
c. Paragraph (z) is revised; and
0
d. Paragraph (aa) is removed.
The revisions read as follows:
[[Page 16588]]
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(h) Deep-water complex (including yellowedge grouper, silk snapper,
misty grouper, queen snapper, sand tilefish, black snapper, and
blackfin snapper)--(1) Commercial sector. (i) If commercial landings
for the deep-water complex, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 131,634 lb (59,708 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 deep-water complex species is prohibited and
harvest or possession of these species in or from the South Atlantic
EEZ is limited to the bag and possession limits. These bag and
possession limits apply 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) If commercial landings exceed the ACL, and the combined
commercial and recreational ACL (total ACL) specified in paragraph
(h)(3) of this section, is exceeded, and at least one of the species in
the deep-water complex is 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, at or near the beginning of
the following fishing year to reduce the commercial ACL for that
following year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If recreational landings for the deep-
water complex, as estimated by the SRD, are projected to reach the
recreational ACL of 38,644 lb (17,529 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year, unless
the RA determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits are zero.
(ii) If recreational landings for the deep-water complex, exceed
the applicable recreational ACL, and the combined commercial and
recreational ACL (total ACL) specified in paragraph (h)(3) of this
section is exceeded, and at least one of the species in the deep-water
complex is 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 reduce the length of the
recreational fishing season in the following fishing year to ensure
recreational landings do not exceed the recreational ACL the following
fishing year. When NMFS reduces the length of the following
recreational fishing season and closes the recreational sector, the
following closure provisions apply: The bag and possession limits for
the deep-water complex in or from the South Atlantic EEZ are zero.
Additionally, the recreational ACL will be reduced by the amount of the
recreational ACL overage in the prior fishing year. The fishing season
and recreational ACL will not be reduced if the RA determines, using
the best scientific information available that no reduction is
necessary.
(3) The combined commercial and recreational sector ACL (total ACL)
is 170,278 lb (77,237 kg), round weight.
* * * * *
(z) Blueline tilefish--(1) Commercial sector. (i) If commercial
landings for blueline tilefish, as estimated by the SRD, reach or are
projected to reach the applicable ACL in paragraph (z)(1)(iii) of this
section, 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 blueline tilefish is prohibited and harvest or
possession of this species in or from the South Atlantic EEZ is limited
to the bag and possession limits. These bag and possession limits apply
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) If commercial landings exceed the ACL, and the combined
commercial and recreational ACL (total ACL) specified in paragraph
(z)(3) of this section is exceeded, and blueline tilefish 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, at or near the beginning of the following fishing
year to reduce the commercial ACL for that following year by the amount
of the commercial ACL overage in the prior fishing year.
(iii) The applicable commercial ACLs, in round weight, are 17,841
lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb
(16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018 and subsequent
fishing years. The commercial ACL will not increase automatically in a
subsequent fishing year if landings exceed or are projected to exceed
the total ACL in the prior fishing year, as specified in paragraph
(z)(3) of this section.
(2) Recreational sector. (i) If recreational landings for blueline
tilefish, as estimated by the SRD, are projected to reach the
applicable ACL in paragraph (z)(2)(iii) of this section, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year, unless
the RA determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits are zero.
(ii) If recreational landings for blueline tilefish, exceed the
applicable recreational ACL, and the combined commercial and
recreational ACL (total ACL) specified in paragraph (z)(3) of this
section, is exceeded, and blueline tilefish is 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 reduce
the length of the recreational fishing season in the following fishing
year to ensure recreational landings do not exceed the recreational ACL
the following fishing year. When NMFS reduces the length of the
following recreational fishing season and closes the recreational
sector, the following closure provisions apply: The bag and possession
limits for blueline tilefish in or from the South Atlantic EEZ are
zero. Additionally, the recreational ACL will be reduced by the amount
of the recreational ACL overage in the prior fishing year. The fishing
season and recreational ACL will not be reduced if the RA determines,
using the best scientific information available that no reduction is
necessary.
(iii) The applicable recreational ACLs, in round weight, are 17,791
lb (8,070 kg) for 2015, 26,691 lb (12,107 kg) for 2016, 35,685 lb
(16,186 kg) for 2017, and 43,925 lb (19,924 kg) for 2018 and subsequent
fishing years. The recreational ACL will not increase automatically in
a subsequent fishing year if landings exceed or are projected to exceed
the total ACL in the prior fishing year, as specified in paragraph
(z)(3) of this section.
[[Page 16589]]
(3) Without regard to overfished status, if the combined commercial
and recreational ACL (total ACL), as estimated by the SRD, is exceeded
in a fishing year, then during the following fishing year, an automatic
increase will not be applied to the commercial and recreational ACLs.
The RA will evaluate the landings data, using the best scientific
information available, to determine whether or not an increase in the
commercial and recreational ACLs will be applied. The applicable
combined commercial and recreational sector ACLs (total ACLs), in round
weight are 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for
2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for
2018 and subsequent fishing years.
* * * * *
[FR Doc. 2015-06988 Filed 3-27-15; 8:45 am]
BILLING CODE 3510-22-P
