Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 20, 43033-43039 [2015-17801]
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[FR Doc. 2015–17717 Filed 7–20–15; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140611492–5605–02]
RIN 0648–BE30
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 20
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Regulatory Amendment 20
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) (Regulatory
Amendment 20), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule revises the snowy grouper
annual catch limits (ACLs), commercial
trip limit, and recreational fishing
season. The purpose of this rule is to
help achieve optimum yield (OY) and
prevent overfishing of snowy grouper
while enhancing socio-economic
opportunities within the snappergrouper fishery.
DATES: This rule is effective August 20,
2015.
ADDRESSES: Electronic copies of the
regulatory amendment, which includes
SUMMARY:
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an environmental assessment and an
initial regulatory flexibility analysis
(IRFA), may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/sg/2015/reg_am20/
index.html.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: Snowy
grouper is in the snapper-grouper
fishery of the South Atlantic and 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 April 8, 2015, NMFS published a
proposed rule for Regulatory
Amendment 20 and requested public
comment (80 FR 18797). The proposed
rule and Regulatory Amendment 20
outline the rationale for the actions
contained in this final rule. A summary
of the actions implemented by
Regulatory Amendment 20 and this
final rule is provided below.
Management Measures Contained in
This Final Rule
This final rule revises the snowy
grouper ACLs for both the commercial
and recreational sectors, the commercial
trip limits, and the recreational fishing
season. All weights described in the
preamble of this final rule are in gutted
weight.
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Snowy Grouper Commercial and
Recreational ACLs
In 2013, a standard stock assessment
for snowy grouper was conducted using
the Southeast Data, Assessment, and
Review (SEDAR) process (SEDAR 36).
SEDAR 36 indicates that the snowy
grouper stock is no longer undergoing
overfishing, remains overfished, and is
rebuilding.
This final rule increases the ACLs for
snowy grouper based on the acceptable
biological catch (ABC) chosen by the
Council, as recommended by their
Scientific and Statistical Committee
(SSC) based on the results of SEDAR 36.
The current snowy grouper commercial
ACL is 82,900 lb (37,603 kg). This final
rule revises the commercial ACL to
115,451 lb (52,368 kg) in 2015; 125,760
lb (57,044 kg) in 2016; 135,380 lb
(61,407 kg) in 2017; 144,315 lb (65,460
kg) in 2018; and 153,935 lb (69,824 kg)
in 2019, and subsequent fishing years.
The current snowy grouper recreational
ACL is 523 fish. This final rule revises
the snowy grouper recreational ACL to
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4,152 fish in 2015; 4,483 fish in 2016;
4,819 fish in 2017, 4,983 fish in 2018;
and 5,315 fish in 2019, and subsequent
fishing years.
Applying the existing allocation
formula for snowy grouper to the change
in landings from the SEDAR 36
assessment resulted in a shift in the
sector ACLs from 95 percent
commercial and 5 percent recreational
to 83 percent commercial and 17
percent recreational.
Snowy Grouper Commercial Trip Limit
This final rule revises the snowy
grouper commercial trip limit from the
current 100 lb (45 kg) to 200 lb (91 kg).
The Council determined that since the
commercial ACL would be increasing
yearly from 2015 to 2019, a relatively
small increase in the commercial trip
limit to 200 lb (91 kg) would help to
maintain a longer fishing season when
combined with the commercial ACL
increase. Furthermore, because the
fishing year for snowy grouper begins
on January 1, an increased trip limit
could enhance profits for commercial
snapper-grouper fishermen during the
winter. This is because shallow-water
grouper species are closed during
January–April, leaving snowy grouper (a
deep-water species) as one of few
options for purchase by dealers at that
time.
Snowy Grouper Recreational Fishing
Season
The current snowy grouper fishing
season is year-round with a recreational
bag limit of one snowy grouper per
vessel per day. This final rule revises
the recreational fishing season to one
snowy grouper per vessel per day from
May through August, with no retention
of snowy grouper during the rest of the
year. The Council determined that
reducing the current year-round
recreational fishing season to a 4-month
season would help minimize the risk of
exceeding the recreational ACL.
Additionally, the fishing season dates
and bag limit for the snowy grouper
recreational sector would match those
for a co-occurring species, blueline
tilefish. The Council determined that
similar recreational management
measures and fishing seasons for snowy
grouper and blueline tilefish would be
beneficial to both fish stocks as they are
caught at the same depths and have
similar high release mortality rates;
thereby, discards of both species could
be reduced.
Comments and Responses
A total of 24 comments were received
on Regulatory Amendment 20 and the
proposed rule from individuals,
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commercial fishing associations, fish
markets, and a Federal agency. The
Federal agency stated that it had no
comment on the proposed rule or
Regulatory Amendment 20. The
comments that oppose one or more of
the management measures in Regulatory
Amendment 20 and the proposed rule
are summarized and responded to
below.
Comment 1: NMFS should not
increase the commercial or recreational
catch limits for snowy grouper.
Response: NMFS disagrees. In 2013, a
standard stock assessment for snowy
grouper was conducted through SEDAR
36. SEDAR 36 indicates the snowy
grouper stock is no longer undergoing
overfishing, remains overfished, and is
rebuilding. The previous assessment
conducted in 2004 (SEDAR 4)
determined snowy grouper was
undergoing overfishing and was
overfished. The Council’s SSC
recommended an increase in the ABC to
the Council; and the Council then chose
a corresponding increase in the
commercial and recreational ACLs. The
ACLs for the commercial and
recreational sectors chosen by the
Council and implemented through this
final rule are based on the best scientific
information available, and are
appropriate to maintain a sustainable
harvest of the stock, while it continues
to rebuild. Thus, catch levels for snowy
grouper may now be increased without
negatively impacting the stock.
Comment 2: NMFS should not
increase the commercial quota while
shortening the recreational fishing
season.
Response: NMFS disagrees. This final
rule for Regulatory Amendment 20 will
increase both the commercial and
recreational ACLs for snowy grouper
based upon the results of the latest stock
assessment (SEDAR 36). The ACLs may
be increased for the commercial and
recreational sectors because the stock is
no longer undergoing overfishing, and is
rebuilding at a rate that allows the ABC
increase recommended by the SSC and
the ACL chosen by the Council. Further,
changing the recreational fishing season
to May through August is expected to
reduce the chance that the recreational
ACL is exceeded, promote safety at sea
for recreational fishermen, and reduce
bycatch of snowy grouper.
The current recreational fishing
season begins on January 1. Recreational
landings for snowy grouper exceeded
the recreational ACL by approximately
400 percent in both 2012 and 2013, and
230 percent in 2014, and as a result of
the accountability measures (AMs), the
recreational sector closed on May 31, in
2013, and on June 7, in 2014. Without
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a change to the recreational fishing
season and with an increased ACL, it is
expected that the recreational ACL
would still be reached and harvest
closed early in the year. Continuing to
exceed the ACL could negatively impact
the rebuilding of the snowy grouper
stock, and the Council determined that
changing the fishing season would help
minimize the risk of exceeding the
recreational ACL.
Additionally, in some areas of the
South Atlantic, recreational fishermen
must travel long distances offshore to
fish for snowy grouper, where
conditions can be more challenging for
fishermen during times of the year when
weather is poor. The months of May
through August are when recreational
fishermen throughout the South
Atlantic generally have more equal
access to the resource due to good
weather conditions, and would thus
benefit the most from the increase in the
recreational ACL.
The fishing season dates and bag limit
for the snowy grouper recreational
sector specified in Regulatory
Amendment 20 match those
implemented in Amendment 32 to the
FMP for blueline tilefish, a co-occurring
species with snowy grouper, (80 FR
16583; March 30, 2015). Therefore, this
approach could help reduce discard
mortality for snowy grouper, which can
be targeted along with blueline tilefish.
The Council determined that similar
recreational management measures and
fishing seasons for snowy grouper and
blueline tilefish would be beneficial to
both fish stocks and reduce bycatch as
they are caught at the same depths and
have similar high release mortality rates.
Comment 3: NMFS should not start
the commercial fishing season on
January 1. Inclement weather in North
Carolina in the earlier part of the year
does not allow equitable access to
snowy grouper, which does not conform
to National Standard (NS) 4 of the
Magnuson-Stevens Act. NMFS should
start the commercial fishing season later
in the year, and implement split seasons
for the commercial sector.
Response: NMFS disagrees that the
commercial trip limit action violates NS
4, as the trip limit does not discriminate
between residents of different states.
The Council did not consider changing
the start date of the commercial fishing
year from January 1 in Regulatory
Amendment 20, but they did consider
creating split commercial seasons
within the fishing year. The Council
acknowledged that fishers in North
Carolina have historically had limited
access to snowy grouper at the
beginning of the fishing year as a result
of weather conditions compared to other
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areas within the Council’s jurisdiction.
However, snowy grouper are an
important commercial species during
January to April when the harvest of
shallow-water grouper is closed, and
snowy grouper sells at a higher market
price during that part of the year. The
Council determined that the current
commercial fishing year allows for
enhanced profits per trip and likely
enhanced total profits for commercial
snapper-grouper fishers. Additionally, if
snowy grouper closes in the summer as
a result of meeting its commercial quota,
there are many other snapper-grouper
species open to commercial harvest
beginning on May 1. While weather
conditions throughout the Council’s
area of jurisdiction may be variable
throughout the year and may not impact
certain areas or states in the South
Atlantic at the same time in the same
way, the snowy grouper fishing season
dates are applied the same to all the
states. Over the course of an entire
fishing season, it is likely that there are
comparable opportunities for
individuals throughout the South
Atlantic with respect to commercial
harvest of snowy grouper.
While the Council did consider split
seasons for the commercial sector in
Regulatory Amendment 20, they
determined it would have little effect on
extending the fishing season when
compared with the Council’s preferred
alternative. Due to the increase to the
commercial ACL in Regulatory
Amendment 20, the first split season
would likely remain open because the
first split season quota would not be met
under any of the new trip limit
alternatives considered by the Council.
Thus, the split season alternative would
have the same effect as the preferred
alternative of implementing a 200 lb (91
kg) trip limit with no split season,
because both choices would result in
approximately the same fishing season
length.
Therefore, the Council determined
that their preferred alternative for this
action best met the purpose and need to
implement measures expected to
prevent overfishing and achieve OY
while also complying with the
requirements of the Magnuson-Stevens
Act and other applicable laws,
including NS 4.
Comment 4: NMFS should increase
the commercial trip limit to 300 lb (136
kg), not the proposed trip limit increase
to 200 lb (91 kg).
Response: NMFS disagrees. The
Council considered a trip limit of 300 lb
(136 kg), and determined that since the
commercial ACL would be increasing
yearly from 2015 to 2019, a small
increase in the commercial trip limit
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from 100 lb (45 kg) to 200 lb (91 kg),
would help to maintain a longer fishing
season when combined with the
commercial ACL increase. Analysis in
Regulatory Amendment 20 revealed that
commercial landings could increase
over 100 percent throughout the
calendar year with an increase in the
commercial trip limit to 300 lb (136 kg).
This would result in the commercial
ACL being met and harvest closure
occurring earlier in the year than for the
200 lb (91 kg) trip limit.
Comment 5: NMFS should not
reallocate the increase in commercial
and recreational ACLs using unreliable
Marine Recreational Fisheries Statistics
Survey (MRFSS)/Marine Recreational
Information Program (MRIP) data.
Response: The Council is applying
their approved existing sector allocation
formula for snowy grouper to the
updated MRIP landings from SEDAR 36
to specify sector ACLs. The existing
sector allocation formula developed and
approved in Amendment 15B to the
FMP, uses average commercial and
recreational landings from 1986–2005
(74 FR 58902, November 16, 2009).
SEDAR 36 also included recreational
data from Monroe County, Florida, that
were not available when snowy grouper
was first assessed in 2004 (SEDAR 4)
because the recreational landings for
Monroe County could not be separated
from other west Florida landings. In
2013, a method was developed to
separate Monroe County data from other
west Florida landings. The change in
landings from the SEDAR 36
assessment, as applied to the average
commercial and recreational landings
for 1986–2005, resulted in a shift in the
sector ACLs from the current 95 percent
commercial and 5 percent recreational
to 83 percent commercial and 17
percent recreational. Additionally, the
SEDAR 36 assessment made
adjustments to the landings to account
for the change from MRFSS to MRIP,
and NMFS has determined that this
information is the best scientific
information available.
Comment 6: The Council’s preferred
alternative of a 1 fish per vessel per day
recreational bag limit with harvest
allowed only during the months of May
through August will result in North
Carolina recreational fishers being
geographically disadvantaged.
Furthermore, lack of compatible
regulations in Florida state waters is not
only unfair to North Carolina fishers
since North Carolina implements
compatible regulations in its state
waters, but is potentially detrimental to
the snowy grouper population, which is
still considered overfished and is under
a rebuilding plan.
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Response: NMFS disagrees that the
Council’s choice of the recreational
fishing season would result in a
geographic disadvantage in accessing
the snowy grouper resource by North
Carolina fishers. The Council
determined that the months of May
through August are when recreational
fishermen throughout the South
Atlantic usually have equal access to the
resource as a result of generally
improved weather conditions.
NMFS agrees that the lack of
consistency in compatible regulations in
state waters could have detrimental
effects upon the stock as it rebuilds,
since the implementation of compatible
state regulations can allow for fishery
resources to be more effectively
conserved. However, based on the most
recent stock assessment, the ACLs may
be increased for the commercial and
recreational sectors because the stock is
no longer undergoing overfishing and is
rebuilding at a rate that allows the ABC
increase recommended by the SSC and
the ACL chosen by the Council.
Comment 7: NMFS should not allow
snowy grouper to be harvested during
the snowy grouper spawning season of
April to September.
Response: The Council recognized
that spawning for snowy grouper occurs
during April to September but
determined that reducing the current
year-round recreational fishing season
to a 4-month season from May through
August should reduce the chance that
the ACL is exceeded, promote safety at
sea, and reduce the bycatch of snowy
grouper, as discussed in the response to
Comment 2 above. In the commercial
sector, the snowy grouper AMs that are
in place and the monitoring program to
evaluate commercial landings are
expected to constrain commercial
landings from exceeding the commercial
ACL. Therefore, the harvest of snowy
grouper that may occur during the
spawning season is not expected to
result in the ACLs being exceeded and
is not expected to negatively impact the
stock.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
necessary for the conservation and
management of South Atlantic snappergrouper and is consistent with
Regulatory Amendment 20, 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
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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 incorporates the
IRFA, a summary of the significant
economic issues raised by public
comment, NMFS’ responses to those
comments, and a summary of the
analyses completed to support the
action. The FRFA follows.
No public comments specific to the
IRFA were received and, therefore, no
public comments are addressed in this
FRFA. Certain comments with socioeconomic implications are addressed in
the comments and responses section,
specifically, the response to comments
2, 3, and 6. No changes in the final rule
were made in response to public
comments.
NMFS agrees that the Council’s
choice of preferred alternatives would
best achieve the Council’s objectives for
Regulatory Amendment 20 to the FMP
while minimizing, to the extent
practicable, the adverse effects on
fishers, support industries, and
associated communities. The preamble
to this final rule provides a statement of
the need for and objectives of this rule.
NMFS expects this rule to directly
affect federally permitted commercial
fishers who harvest snowy grouper in
the South Atlantic. The Small Business
Administration established size criteria
for all major industry sectors in the U.S.,
including fish harvesters and for-hire
operations. A business involved in fish
harvesting is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and its combined annual
receipts are not in excess of $20.5
million (NAICS code 114111, finfish
fishing) for all of its affiliated operations
worldwide.
Charter vessels and headboats (forhire vessels) sell fishing services, which
include the harvest of any species
considered in this proposed rule, 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.
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Changing the allowable harvest of a
species, including a fishery closure,
only defines what species may be kept
and does not explicitly prevent the
continued offer of for-hire fishing
services. In response to a change in the
allowable harvest of a species, including
a zero-fish recreational bag limit, fishing
for other species could continue.
Because the changes to management
measures for species implemented in
this final rule will not directly alter the
services sold by these vessels, this final
rule does not directly apply to or
regulate their operations. For-hire
vessels will continue to be able to offer
their primary product, 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
changes in demand for these fishing
services, and associated economic
affects as a result of changing an ACL or
establishing fishery closures, would be
a consequence of behavioral change by
anglers, secondary to any direct effect
on anglers, and, therefore, an indirect
effect of the proposed regulatory action.
Because the effects on for-hire vessels
are indirect, they fall outside the scope
of the Regulatory Flexibility Analysis
(RFA). Recreational anglers, who may be
directly affected by the changes in this
final rule, are not small entities under
the RFA.
NMFS has not identified any other
small entities that will be directly
affected by this final rule.
The snapper-grouper fishery is a
multi-species fishery and vessels
generally land many species on the
same trip. From 2009 through 2013, an
annual average of 138 vessels with valid
Federal permits to operate in the
commercial sector of the snappergrouper fishery landed at least 1 lb (0.45
kg) of snowy grouper. Each vessel
generated annual average dockside
revenues of approximately $78,000
(2013 dollars), of which $2,000 were
from snowy grouper, $21,000 from other
species jointly landed with snowy
grouper, and $55,000 from other species
on trips without snowy grouper. Vessels
that caught and landed snowy grouper
may also operate in other fisheries
outside the snapper-grouper fishery, the
revenues of which are not known and
are not reflected in these totals. Based
on revenue information, all commercial
vessels directly affected by the final rule
may be considered small entities.
Because all entities expected to be
affected by this rule are small entities,
NMFS has determined that this final
rule would affect a substantial number
of small entities. Moreover, the issue of
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disproportionate effects on small versus
large entities does not arise in the
present case.
The effect of the action to modify the
rebuilding strategy for snowy grouper is
to adopt the ABC chosen by the Council,
as recommended by their SSC based
upon the recent stock assessment.
Modifying the rebuilding strategy for
snowy grouper will have no direct
economic effects on small entities,
because it will not alter the current use
or access to the snowy grouper resource.
NMFS notes that the ABC resulting from
the modification of the rebuilding
strategy will be higher than the status
quo ABC for snowy grouper.
Setting the snowy grouper ACL equal
to ABC implies that the ACL will
increase as a result of the ABC increase.
The method for allocating the ACL
between the commercial and
recreational sectors will remain the
same. The change in the commercial
and recreational percentage allocation
results from the use of the updated
landings of snowy grouper from SEDAR
36. Relative to the 2014 ACL, the
commercial ACLs will increase by 39
percent in 2015 and continue to
increase annually through 2019 to a
point where the commercial ACL in
2019 will be 86 percent greater than it
was in 2014. Compared to the 2014
ACL, the recreational ACL will increase
by 442 percent in 2015 and continue to
increase annually through 2019 to a
point where the ACL in 2019 will be
623 percent greater than it was in 2014.
In principle, the increases in the snowy
grouper sector ACLs are expected to
result in revenue and profit increases to
commercial vessels. The actual results
will partly depend on the relationship
to the changes in management measures
affecting the commercial sector, as
discussed below. As noted, for-hire
vessels will only be indirectly affected
by this action.
Increasing the snowy grouper
commercial trip limit from 100 lb (45
kg), to 200 lb (91 kg), will tend to
increase the profit per trip of
commercial vessels. This higher trip
limit will complement the commercial
ACL increase in potentially increasing
the annual profits of commercial
vessels. Given the ACL increase, the
commercial fishing season is expected
to extend from January 1 through July
19 under the higher trip limit, or
January 1 through December 26 under
the status quo (No Action) trip limit.
Therefore, the commercial trip limit
increase will result in a higher profit per
trip but a shorter commercial fishing
season; whereas the status quo trip limit
will be associated with lower profit per
trip but a longer fishing season. Which
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of these two scenarios will result in
higher annual profit for commercial
vessels cannot be ascertained. What is
less uncertain, however, is that the
commercial ACL increase will result in
higher annual revenues and profits. As
noted, the commercial fishing season is
projected to last until July 19 under the
revised trip limit and ACL increases.
Without the ACL increase, the
commercial fishing season is projected
to last until June 6 under the trip limit
increase. Thus, the commercial ACL
increase will allow for about 6 extra
weeks of commercial fishing for snowy
grouper under the revised trip limit
increase. Given a longer fishing season
and higher profit per trip, revenues and
profits of commercial vessels that target
snowy grouper are likely to increase.
The following discussion analyzes the
alternatives that were not selected as
preferred by the Council. Only actions
that would have direct economic effects
on small entities merit inclusion in the
following discussion.
Three alternatives, including the
preferred alternative (as described in the
preamble), were considered for
adjusting the ACLs. The first alternative,
the no action alternative, would
maintain the current (lower) commercial
and recreational ACLs. This alternative
would maintain the same economic
benefits for commercial vessels but at
levels lower than those afforded by the
preferred alternative. The second
alternative, which has three subalternatives, would set ACLs as some
percentage of the ABC. The three subalternatives are setting the ACL at 95
percent, 90 percent, and 85 percent of
the ABC. All three sub-alternatives
would have lower positive effects on the
profits of commercial vessels than the
preferred alternative.
Five alternatives, including the
preferred alternative (as described in the
preamble), were considered for
modifying the management measures for
the snowy grouper commercial sector.
The first alternative, the no action
alternative, would maintain the
commercial trip limit of 100 lb (45 kg).
Compared to the preferred alternative,
the no action alternative would have a
lower profit per trip but would also
leave the commercial fishing season
open almost year-round. Which of these
two alternatives would result in higher
annual vessel profits for commercial
vessels cannot be ascertained. NMFS
notes that, if the trip limit is maintained
at 100 lb (45 kg), commercial vessels
may not take full advantage of the
revised ACL that would annually
increase until at least 2019.
The second alternative would split
the snowy grouper commercial ACL into
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43037
two quotas: 50 percent to the first period
(January 1–April 30) and 50 percent to
the second period (May 1–December
31). Any remaining commercial quota
from the first period would carry over
into the second period; any remaining
commercial quota from the second
period would not carry over into the
next fishing year. The following three
sub-alternatives on trip limits would
apply to each period: 100 lb (45 kg), 150
lb (47.5 kg), or 200 lb (91 kg). Given the
commercial ACL increases, commercial
harvest in the first period would likely
remain open under any of the
alternative trip limits because the
commercial quota would not be caught,
but commercial harvest in the second
period would not be open very long
with the highest trip limit resulting in
the shortest fishing season. This
alternative, with the trip limit of 200 lb
(91 kg), would have the same effects on
commercial vessel profits as the
preferred alternative, because both
alternatives would have the same trip
limits and the same fishing season
length. At lower trip limits, this
alternative would allow a longer fishing
season but also lower profit per trip
than the preferred alternative. It cannot
be determined if this alternative, with
lower trip limits and a longer fishing
season, would result in higher annual
profits than the preferred alternative. In
an effort to address the accessibility to
the snowy grouper resource, the Council
considered implementing a commercial
split season, as in the second
alternative, that would essentially
spread out effort over time so that
various fishers throughout the Council’s
area of jurisdiction would have access to
the snowy grouper resource. The
Council decided to retain the current
commercial fishing year as the calendar
year because snowy grouper are an
important commercial species in the
early part of the calendar year, when
shallow-water groupers are closed to
commercial harvest. In addition, snowy
grouper earn higher prices during the
early months of the year.
The third alternative would split the
snowy grouper commercial ACL into
two quotas: 40 percent to the first period
(January 1–April 30) and 60 percent to
the second period (May 1–December
31). Any remaining commercial quota
from the first period would carry over
into the second period; any remaining
commercial quota from the second
period would not carry over into the
next fishing year. This alternative would
maintain the current commercial trip
limit of 100 lb (45 kg), for the first
period and establish one of the
following trip limits for the second
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period: 100 lb (45 kg), 150 lb (47.5 kg),
200 lb (91 kg), 250 lb (112.5 kg), or 300
lb (135 kg). Under this alternative and
given the ACL increases, commercial
fishing would likely remain open
throughout the first period but would
not be open very long in the second
period, with the highest trip limit
resulting in the shortest fishing season.
As with the second alternative, this
alternative, when combined with lower
trip limits, would provide longer fishing
seasons but lower profit per trip than
the preferred alternative. Similarly, this
alternative, when combined with higher
trip limits, would allow for a higher
profit per trip but result in shorter
fishing seasons. It cannot be determined
if this alternative, with either lower or
higher trip limits, would result in
greater annual profits than the preferred
alternative. Similar to the second
alternative, the Council considered a
split season to address the accessibility
to the resource. For similar reasons
mentioned above, this third alternative
was not selected as the preferred
alternative by the Council.
The fourth alternative is similar to the
preferred alternative but would
establish a trip limit of either 300 lb
(135 kg), or 150 lb (47.5 kg). This
alternative would result in a longer
fishing season but a lower profit per trip
under a trip limit of 150 lb (47.5 kg), or
a shorter fishing season and a higher
profit per trip under a trip limit of 300
lb (135 kg), than the preferred
alternative. The differential impacts on
the annual profits of commercial vessels
between this alternative and the
preferred alternative cannot be
determined. However, the preferred
alternative appears to provide a better
balance between season length and
profit per trip than this alternative with
trip limits of either 150 lb (47.5 kg), or
300 lb (135 kg).
The fifth alternative would modify the
snowy grouper commercial trip limit to
150 lb (47.5 kg), year-round or until the
commercial ACL is met or projected to
be met, except for the period of May
through August from Florida’s Brevard/
Indian River County line northward
when the trip limit will be one of the
following: 200 lb (91 kg), 250 lb (112.5
kg), or 300 lb (135 kg). This alternative
would provide for a lower trip limit
than the preferred alternative, except in
May through August when an equal or
higher trip limit would be allowed in
certain areas. This alternative would
likely benefit commercial vessels in
areas north of Indian River County,
Florida, more than vessels in other
areas, at least during the period when
vessels in the northern areas are allowed
higher trip limits. Whether total profits
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from all vessels would be higher under
this alternative than under the preferred
alternative cannot be determined.
Although this alternative was not
chosen as the preferred alternative, the
Council acknowledged that fishermen in
North Carolina have historically had
limited access to snowy grouper at the
beginning of the fishing year due to
generally poor winter weather
conditions. However, some milder
winters in recent years have benefitted
fishermen through some increased
access to snowy grouper.
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.
§ 622.190
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, South Atlantic,
Snapper-Grouper, Snowy grouper.
§ 622.191
Dated: July 15, 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
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)(8) is
added to read as follows:
■
§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(8) Snowy grouper recreational sector
closure. The recreational sector for
snowy grouper 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 snowy grouper in or from the South
Atlantic EEZ is zero.
■ 3. In § 622.190, the last sentence in
paragraph (a) introductory text and
paragraph (a)(1) are revised to read as
follows:
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Quotas.
*
*
*
*
*
(a) * * * The quotas are in gutted
weight, that is eviscerated but otherwise
whole, except for the quotas in
paragraphs (a)(1), (a)(4), (a)(5), and (a)(6)
of this section which are in both gutted
weight and round weight.
(1) Snowy grouper—(i) For the 2015
fishing year—115,451 lb (52,368 kg),
gutted weight; 136,233 lb (61,794 kg),
round weight.
(ii) For the 2016 fishing year—125,760
lb (57,044 kg), gutted weight; 148,397 lb
(67,312 kg), round weight.
(iii) For the 2017 fishing year—
135,380 lb (61,407 kg), gutted weight;
159,749 lb (72,461 kg), round weight.
(iv) For the 2018 fishing year—
144,315 lb (65,460 kg), gutted weight;
170,291 lb (77,243 kg), round weight.
(v) For the 2019 and subsequent
fishing years—153,935 lb (69,824 kg),
gutted weight; 181,644 lb (82,392 kg),
round weight.
*
*
*
*
*
■ 4. In § 622.191, the first sentence in
paragraph (a)(3) is revised to read as
follows:
Commercial trip limits.
*
*
*
*
*
(a) * * *
(3) Snowy grouper. Until the quota
specified in § 622.190(a)(1) is reached—
200 lb (91 kg), gutted weight; 236 lb
(107 kg), round weight.* * *
*
*
*
*
*
■ 5. In § 622.193, paragraph (b)(2) is
revised to read as follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(b) * * *
(2) Recreational sector. (i) If
recreational landings, as estimated by
the SRD, exceed the recreational ACL
specified in paragraph (b)(2)(ii) of this
section, the AA will file a notification
with the Office of the Federal Register,
at or near the beginning of the following
fishing year, to reduce the length of the
following recreational fishing season by
the amount necessary to ensure
recreational landings do not exceed the
recreational ACL in the following
fishing year. When NMFS reduces the
length of the following recreational
fishing season, the following closure
provisions apply: The bag and
possession limits for snowy grouper in
or from the South Atlantic EEZ are zero.
These bag and possession limits also
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snapper-
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grouper has been issued, without regard
to where such species were harvested,
i.e., in state or Federal waters.
Recreational landings will be evaluated
relative to the ACL based on a moving
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multi-year average of landings, as
described in the FMP.
(ii) The recreational ACL for snowy
grouper is 4,152 fish for 2015; 4,483 fish
for 2016; 4,819 fish for 2017, 4,983 fish
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for 2018; 5,315 fish for 2019 and
subsequent fishing years.
*
*
*
*
*
[FR Doc. 2015–17801 Filed 7–20–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43033-43039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17801]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140611492-5605-02]
RIN 0648-BE30
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory
Amendment 20
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Regulatory Amendment 20
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (FMP) (Regulatory Amendment 20), as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
This final rule revises the snowy grouper annual catch limits (ACLs),
commercial trip limit, and recreational fishing season. The purpose of
this rule is to help achieve optimum yield (OY) and prevent overfishing
of snowy grouper while enhancing socio-economic opportunities within
the snapper-grouper fishery.
DATES: This rule is effective August 20, 2015.
ADDRESSES: Electronic copies of the regulatory amendment, which
includes
[[Page 43034]]
an environmental assessment and an initial regulatory flexibility
analysis (IRFA), may be obtained from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am20/.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: Snowy grouper is in the snapper-grouper
fishery of the South Atlantic and 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 April 8, 2015, NMFS published a proposed rule for Regulatory
Amendment 20 and requested public comment (80 FR 18797). The proposed
rule and Regulatory Amendment 20 outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
Regulatory Amendment 20 and this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule revises the snowy grouper ACLs for both the
commercial and recreational sectors, the commercial trip limits, and
the recreational fishing season. All weights described in the preamble
of this final rule are in gutted weight.
Snowy Grouper Commercial and Recreational ACLs
In 2013, a standard stock assessment for snowy grouper was
conducted using the Southeast Data, Assessment, and Review (SEDAR)
process (SEDAR 36). SEDAR 36 indicates that the snowy grouper stock is
no longer undergoing overfishing, remains overfished, and is
rebuilding.
This final rule increases the ACLs for snowy grouper based on the
acceptable biological catch (ABC) chosen by the Council, as recommended
by their Scientific and Statistical Committee (SSC) based on the
results of SEDAR 36. The current snowy grouper commercial ACL is 82,900
lb (37,603 kg). This final rule revises the commercial ACL to 115,451
lb (52,368 kg) in 2015; 125,760 lb (57,044 kg) in 2016; 135,380 lb
(61,407 kg) in 2017; 144,315 lb (65,460 kg) in 2018; and 153,935 lb
(69,824 kg) in 2019, and subsequent fishing years. The current snowy
grouper recreational ACL is 523 fish. This final rule revises the snowy
grouper recreational ACL to 4,152 fish in 2015; 4,483 fish in 2016;
4,819 fish in 2017, 4,983 fish in 2018; and 5,315 fish in 2019, and
subsequent fishing years.
Applying the existing allocation formula for snowy grouper to the
change in landings from the SEDAR 36 assessment resulted in a shift in
the sector ACLs from 95 percent commercial and 5 percent recreational
to 83 percent commercial and 17 percent recreational.
Snowy Grouper Commercial Trip Limit
This final rule revises the snowy grouper commercial trip limit
from the current 100 lb (45 kg) to 200 lb (91 kg). The Council
determined that since the commercial ACL would be increasing yearly
from 2015 to 2019, a relatively small increase in the commercial trip
limit to 200 lb (91 kg) would help to maintain a longer fishing season
when combined with the commercial ACL increase. Furthermore, because
the fishing year for snowy grouper begins on January 1, an increased
trip limit could enhance profits for commercial snapper-grouper
fishermen during the winter. This is because shallow-water grouper
species are closed during January-April, leaving snowy grouper (a deep-
water species) as one of few options for purchase by dealers at that
time.
Snowy Grouper Recreational Fishing Season
The current snowy grouper fishing season is year-round with a
recreational bag limit of one snowy grouper per vessel per day. This
final rule revises the recreational fishing season to one snowy grouper
per vessel per day from May through August, with no retention of snowy
grouper during the rest of the year. The Council determined that
reducing the current year-round recreational fishing season to a 4-
month season would help minimize the risk of exceeding the recreational
ACL. Additionally, the fishing season dates and bag limit for the snowy
grouper recreational sector would match those for a co-occurring
species, blueline tilefish. The Council determined that similar
recreational management measures and fishing seasons for snowy grouper
and blueline tilefish would be beneficial to both fish stocks as they
are caught at the same depths and have similar high release mortality
rates; thereby, discards of both species could be reduced.
Comments and Responses
A total of 24 comments were received on Regulatory Amendment 20 and
the proposed rule from individuals, commercial fishing associations,
fish markets, and a Federal agency. The Federal agency stated that it
had no comment on the proposed rule or Regulatory Amendment 20. The
comments that oppose one or more of the management measures in
Regulatory Amendment 20 and the proposed rule are summarized and
responded to below.
Comment 1: NMFS should not increase the commercial or recreational
catch limits for snowy grouper.
Response: NMFS disagrees. In 2013, a standard stock assessment for
snowy grouper was conducted through SEDAR 36. SEDAR 36 indicates the
snowy grouper stock is no longer undergoing overfishing, remains
overfished, and is rebuilding. The previous assessment conducted in
2004 (SEDAR 4) determined snowy grouper was undergoing overfishing and
was overfished. The Council's SSC recommended an increase in the ABC to
the Council; and the Council then chose a corresponding increase in the
commercial and recreational ACLs. The ACLs for the commercial and
recreational sectors chosen by the Council and implemented through this
final rule are based on the best scientific information available, and
are appropriate to maintain a sustainable harvest of the stock, while
it continues to rebuild. Thus, catch levels for snowy grouper may now
be increased without negatively impacting the stock.
Comment 2: NMFS should not increase the commercial quota while
shortening the recreational fishing season.
Response: NMFS disagrees. This final rule for Regulatory Amendment
20 will increase both the commercial and recreational ACLs for snowy
grouper based upon the results of the latest stock assessment (SEDAR
36). The ACLs may be increased for the commercial and recreational
sectors because the stock is no longer undergoing overfishing, and is
rebuilding at a rate that allows the ABC increase recommended by the
SSC and the ACL chosen by the Council. Further, changing the
recreational fishing season to May through August is expected to reduce
the chance that the recreational ACL is exceeded, promote safety at sea
for recreational fishermen, and reduce bycatch of snowy grouper.
The current recreational fishing season begins on January 1.
Recreational landings for snowy grouper exceeded the recreational ACL
by approximately 400 percent in both 2012 and 2013, and 230 percent in
2014, and as a result of the accountability measures (AMs), the
recreational sector closed on May 31, in 2013, and on June 7, in 2014.
Without
[[Page 43035]]
a change to the recreational fishing season and with an increased ACL,
it is expected that the recreational ACL would still be reached and
harvest closed early in the year. Continuing to exceed the ACL could
negatively impact the rebuilding of the snowy grouper stock, and the
Council determined that changing the fishing season would help minimize
the risk of exceeding the recreational ACL.
Additionally, in some areas of the South Atlantic, recreational
fishermen must travel long distances offshore to fish for snowy
grouper, where conditions can be more challenging for fishermen during
times of the year when weather is poor. The months of May through
August are when recreational fishermen throughout the South Atlantic
generally have more equal access to the resource due to good weather
conditions, and would thus benefit the most from the increase in the
recreational ACL.
The fishing season dates and bag limit for the snowy grouper
recreational sector specified in Regulatory Amendment 20 match those
implemented in Amendment 32 to the FMP for blueline tilefish, a co-
occurring species with snowy grouper, (80 FR 16583; March 30, 2015).
Therefore, this approach could help reduce discard mortality for snowy
grouper, which can be targeted along with blueline tilefish. The
Council determined that similar recreational management measures and
fishing seasons for snowy grouper and blueline tilefish would be
beneficial to both fish stocks and reduce bycatch as they are caught at
the same depths and have similar high release mortality rates.
Comment 3: NMFS should not start the commercial fishing season on
January 1. Inclement weather in North Carolina in the earlier part of
the year does not allow equitable access to snowy grouper, which does
not conform to National Standard (NS) 4 of the Magnuson-Stevens Act.
NMFS should start the commercial fishing season later in the year, and
implement split seasons for the commercial sector.
Response: NMFS disagrees that the commercial trip limit action
violates NS 4, as the trip limit does not discriminate between
residents of different states. The Council did not consider changing
the start date of the commercial fishing year from January 1 in
Regulatory Amendment 20, but they did consider creating split
commercial seasons within the fishing year. The Council acknowledged
that fishers in North Carolina have historically had limited access to
snowy grouper at the beginning of the fishing year as a result of
weather conditions compared to other areas within the Council's
jurisdiction. However, snowy grouper are an important commercial
species during January to April when the harvest of shallow-water
grouper is closed, and snowy grouper sells at a higher market price
during that part of the year. The Council determined that the current
commercial fishing year allows for enhanced profits per trip and likely
enhanced total profits for commercial snapper-grouper fishers.
Additionally, if snowy grouper closes in the summer as a result of
meeting its commercial quota, there are many other snapper-grouper
species open to commercial harvest beginning on May 1. While weather
conditions throughout the Council's area of jurisdiction may be
variable throughout the year and may not impact certain areas or states
in the South Atlantic at the same time in the same way, the snowy
grouper fishing season dates are applied the same to all the states.
Over the course of an entire fishing season, it is likely that there
are comparable opportunities for individuals throughout the South
Atlantic with respect to commercial harvest of snowy grouper.
While the Council did consider split seasons for the commercial
sector in Regulatory Amendment 20, they determined it would have little
effect on extending the fishing season when compared with the Council's
preferred alternative. Due to the increase to the commercial ACL in
Regulatory Amendment 20, the first split season would likely remain
open because the first split season quota would not be met under any of
the new trip limit alternatives considered by the Council. Thus, the
split season alternative would have the same effect as the preferred
alternative of implementing a 200 lb (91 kg) trip limit with no split
season, because both choices would result in approximately the same
fishing season length.
Therefore, the Council determined that their preferred alternative
for this action best met the purpose and need to implement measures
expected to prevent overfishing and achieve OY while also complying
with the requirements of the Magnuson-Stevens Act and other applicable
laws, including NS 4.
Comment 4: NMFS should increase the commercial trip limit to 300 lb
(136 kg), not the proposed trip limit increase to 200 lb (91 kg).
Response: NMFS disagrees. The Council considered a trip limit of
300 lb (136 kg), and determined that since the commercial ACL would be
increasing yearly from 2015 to 2019, a small increase in the commercial
trip limit from 100 lb (45 kg) to 200 lb (91 kg), would help to
maintain a longer fishing season when combined with the commercial ACL
increase. Analysis in Regulatory Amendment 20 revealed that commercial
landings could increase over 100 percent throughout the calendar year
with an increase in the commercial trip limit to 300 lb (136 kg). This
would result in the commercial ACL being met and harvest closure
occurring earlier in the year than for the 200 lb (91 kg) trip limit.
Comment 5: NMFS should not reallocate the increase in commercial
and recreational ACLs using unreliable Marine Recreational Fisheries
Statistics Survey (MRFSS)/Marine Recreational Information Program
(MRIP) data.
Response: The Council is applying their approved existing sector
allocation formula for snowy grouper to the updated MRIP landings from
SEDAR 36 to specify sector ACLs. The existing sector allocation formula
developed and approved in Amendment 15B to the FMP, uses average
commercial and recreational landings from 1986-2005 (74 FR 58902,
November 16, 2009). SEDAR 36 also included recreational data from
Monroe County, Florida, that were not available when snowy grouper was
first assessed in 2004 (SEDAR 4) because the recreational landings for
Monroe County could not be separated from other west Florida landings.
In 2013, a method was developed to separate Monroe County data from
other west Florida landings. The change in landings from the SEDAR 36
assessment, as applied to the average commercial and recreational
landings for 1986-2005, resulted in a shift in the sector ACLs from the
current 95 percent commercial and 5 percent recreational to 83 percent
commercial and 17 percent recreational. Additionally, the SEDAR 36
assessment made adjustments to the landings to account for the change
from MRFSS to MRIP, and NMFS has determined that this information is
the best scientific information available.
Comment 6: The Council's preferred alternative of a 1 fish per
vessel per day recreational bag limit with harvest allowed only during
the months of May through August will result in North Carolina
recreational fishers being geographically disadvantaged. Furthermore,
lack of compatible regulations in Florida state waters is not only
unfair to North Carolina fishers since North Carolina implements
compatible regulations in its state waters, but is potentially
detrimental to the snowy grouper population, which is still considered
overfished and is under a rebuilding plan.
[[Page 43036]]
Response: NMFS disagrees that the Council's choice of the
recreational fishing season would result in a geographic disadvantage
in accessing the snowy grouper resource by North Carolina fishers. The
Council determined that the months of May through August are when
recreational fishermen throughout the South Atlantic usually have equal
access to the resource as a result of generally improved weather
conditions.
NMFS agrees that the lack of consistency in compatible regulations
in state waters could have detrimental effects upon the stock as it
rebuilds, since the implementation of compatible state regulations can
allow for fishery resources to be more effectively conserved. However,
based on the most recent stock assessment, the ACLs may be increased
for the commercial and recreational sectors because the stock is no
longer undergoing overfishing and is rebuilding at a rate that allows
the ABC increase recommended by the SSC and the ACL chosen by the
Council.
Comment 7: NMFS should not allow snowy grouper to be harvested
during the snowy grouper spawning season of April to September.
Response: The Council recognized that spawning for snowy grouper
occurs during April to September but determined that reducing the
current year-round recreational fishing season to a 4-month season from
May through August should reduce the chance that the ACL is exceeded,
promote safety at sea, and reduce the bycatch of snowy grouper, as
discussed in the response to Comment 2 above. In the commercial sector,
the snowy grouper AMs that are in place and the monitoring program to
evaluate commercial landings are expected to constrain commercial
landings from exceeding the commercial ACL. Therefore, the harvest of
snowy grouper that may occur during the spawning season is not expected
to result in the ACLs being exceeded and is not expected to negatively
impact the stock.
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 Regulatory
Amendment 20, 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 incorporates the IRFA, a summary of
the significant economic issues raised by public comment, NMFS'
responses to those comments, and a summary of the analyses completed to
support the action. The FRFA follows.
No public comments specific to the IRFA were received and,
therefore, no public comments are addressed in this FRFA. Certain
comments with socio-economic implications are addressed in the comments
and responses section, specifically, the response to comments 2, 3, and
6. No changes in the final rule were made in response to public
comments.
NMFS agrees that the Council's choice of preferred alternatives
would best achieve the Council's objectives for Regulatory Amendment 20
to the FMP while minimizing, to the extent practicable, the adverse
effects on fishers, support industries, and associated communities. The
preamble to this final rule provides a statement of the need for and
objectives of this rule.
NMFS expects this rule to directly affect federally permitted
commercial fishers who harvest snowy grouper in the South Atlantic. The
Small Business Administration established size criteria for all major
industry sectors in the U.S., including fish harvesters and for-hire
operations. A business involved in fish harvesting is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and its
combined annual receipts are not in excess of $20.5 million (NAICS code
114111, finfish fishing) for all of its affiliated operations
worldwide.
Charter vessels and headboats (for-hire vessels) sell fishing
services, which include the harvest of any species considered in this
proposed rule, 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.
Changing the allowable harvest of a species, including a fishery
closure, only defines what species may be kept and does not explicitly
prevent the continued offer of for-hire fishing services. In response
to a change in the allowable harvest of a species, including a zero-
fish recreational bag limit, fishing for other species could continue.
Because the changes to management measures for species implemented in
this final rule will not directly alter the services sold by these
vessels, this final rule does not directly apply to or regulate their
operations. For-hire vessels will continue to be able to offer their
primary product, 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 changes in demand for these fishing services,
and associated economic affects as a result of changing an ACL or
establishing fishery closures, would be a consequence of behavioral
change by anglers, secondary to any direct effect on anglers, and,
therefore, an indirect effect of the proposed regulatory action.
Because the effects on for-hire vessels are indirect, they fall outside
the scope of the Regulatory Flexibility Analysis (RFA). Recreational
anglers, who may be directly affected by the changes in this final
rule, are not small entities under the RFA.
NMFS has not identified any other small entities that will be
directly affected by this final rule.
The snapper-grouper fishery is a multi-species fishery and vessels
generally land many species on the same trip. From 2009 through 2013,
an annual average of 138 vessels with valid Federal permits to operate
in the commercial sector of the snapper-grouper fishery landed at least
1 lb (0.45 kg) of snowy grouper. Each vessel generated annual average
dockside revenues of approximately $78,000 (2013 dollars), of which
$2,000 were from snowy grouper, $21,000 from other species jointly
landed with snowy grouper, and $55,000 from other species on trips
without snowy grouper. Vessels that caught and landed snowy grouper may
also operate in other fisheries outside the snapper-grouper fishery,
the revenues of which are not known and are not reflected in these
totals. Based on revenue information, all commercial vessels directly
affected by the final rule may be considered small entities.
Because all entities expected to be affected by this rule are small
entities, NMFS has determined that this final rule would affect a
substantial number of small entities. Moreover, the issue of
[[Page 43037]]
disproportionate effects on small versus large entities does not arise
in the present case.
The effect of the action to modify the rebuilding strategy for
snowy grouper is to adopt the ABC chosen by the Council, as recommended
by their SSC based upon the recent stock assessment. Modifying the
rebuilding strategy for snowy grouper will have no direct economic
effects on small entities, because it will not alter the current use or
access to the snowy grouper resource. NMFS notes that the ABC resulting
from the modification of the rebuilding strategy will be higher than
the status quo ABC for snowy grouper.
Setting the snowy grouper ACL equal to ABC implies that the ACL
will increase as a result of the ABC increase. The method for
allocating the ACL between the commercial and recreational sectors will
remain the same. The change in the commercial and recreational
percentage allocation results from the use of the updated landings of
snowy grouper from SEDAR 36. Relative to the 2014 ACL, the commercial
ACLs will increase by 39 percent in 2015 and continue to increase
annually through 2019 to a point where the commercial ACL in 2019 will
be 86 percent greater than it was in 2014. Compared to the 2014 ACL,
the recreational ACL will increase by 442 percent in 2015 and continue
to increase annually through 2019 to a point where the ACL in 2019 will
be 623 percent greater than it was in 2014. In principle, the increases
in the snowy grouper sector ACLs are expected to result in revenue and
profit increases to commercial vessels. The actual results will partly
depend on the relationship to the changes in management measures
affecting the commercial sector, as discussed below. As noted, for-hire
vessels will only be indirectly affected by this action.
Increasing the snowy grouper commercial trip limit from 100 lb (45
kg), to 200 lb (91 kg), will tend to increase the profit per trip of
commercial vessels. This higher trip limit will complement the
commercial ACL increase in potentially increasing the annual profits of
commercial vessels. Given the ACL increase, the commercial fishing
season is expected to extend from January 1 through July 19 under the
higher trip limit, or January 1 through December 26 under the status
quo (No Action) trip limit. Therefore, the commercial trip limit
increase will result in a higher profit per trip but a shorter
commercial fishing season; whereas the status quo trip limit will be
associated with lower profit per trip but a longer fishing season.
Which of these two scenarios will result in higher annual profit for
commercial vessels cannot be ascertained. What is less uncertain,
however, is that the commercial ACL increase will result in higher
annual revenues and profits. As noted, the commercial fishing season is
projected to last until July 19 under the revised trip limit and ACL
increases. Without the ACL increase, the commercial fishing season is
projected to last until June 6 under the trip limit increase. Thus, the
commercial ACL increase will allow for about 6 extra weeks of
commercial fishing for snowy grouper under the revised trip limit
increase. Given a longer fishing season and higher profit per trip,
revenues and profits of commercial vessels that target snowy grouper
are likely to increase.
The following discussion analyzes the alternatives that were not
selected as preferred by the Council. Only actions that would have
direct economic effects on small entities merit inclusion in the
following discussion.
Three alternatives, including the preferred alternative (as
described in the preamble), were considered for adjusting the ACLs. The
first alternative, the no action alternative, would maintain the
current (lower) commercial and recreational ACLs. This alternative
would maintain the same economic benefits for commercial vessels but at
levels lower than those afforded by the preferred alternative. The
second alternative, which has three sub-alternatives, would set ACLs as
some percentage of the ABC. The three sub-alternatives are setting the
ACL at 95 percent, 90 percent, and 85 percent of the ABC. All three
sub-alternatives would have lower positive effects on the profits of
commercial vessels than the preferred alternative.
Five alternatives, including the preferred alternative (as
described in the preamble), were considered for modifying the
management measures for the snowy grouper commercial sector. The first
alternative, the no action alternative, would maintain the commercial
trip limit of 100 lb (45 kg). Compared to the preferred alternative,
the no action alternative would have a lower profit per trip but would
also leave the commercial fishing season open almost year-round. Which
of these two alternatives would result in higher annual vessel profits
for commercial vessels cannot be ascertained. NMFS notes that, if the
trip limit is maintained at 100 lb (45 kg), commercial vessels may not
take full advantage of the revised ACL that would annually increase
until at least 2019.
The second alternative would split the snowy grouper commercial ACL
into two quotas: 50 percent to the first period (January 1-April 30)
and 50 percent to the second period (May 1-December 31). Any remaining
commercial quota from the first period would carry over into the second
period; any remaining commercial quota from the second period would not
carry over into the next fishing year. The following three sub-
alternatives on trip limits would apply to each period: 100 lb (45 kg),
150 lb (47.5 kg), or 200 lb (91 kg). Given the commercial ACL
increases, commercial harvest in the first period would likely remain
open under any of the alternative trip limits because the commercial
quota would not be caught, but commercial harvest in the second period
would not be open very long with the highest trip limit resulting in
the shortest fishing season. This alternative, with the trip limit of
200 lb (91 kg), would have the same effects on commercial vessel
profits as the preferred alternative, because both alternatives would
have the same trip limits and the same fishing season length. At lower
trip limits, this alternative would allow a longer fishing season but
also lower profit per trip than the preferred alternative. It cannot be
determined if this alternative, with lower trip limits and a longer
fishing season, would result in higher annual profits than the
preferred alternative. In an effort to address the accessibility to the
snowy grouper resource, the Council considered implementing a
commercial split season, as in the second alternative, that would
essentially spread out effort over time so that various fishers
throughout the Council's area of jurisdiction would have access to the
snowy grouper resource. The Council decided to retain the current
commercial fishing year as the calendar year because snowy grouper are
an important commercial species in the early part of the calendar year,
when shallow-water groupers are closed to commercial harvest. In
addition, snowy grouper earn higher prices during the early months of
the year.
The third alternative would split the snowy grouper commercial ACL
into two quotas: 40 percent to the first period (January 1-April 30)
and 60 percent to the second period (May 1-December 31). Any remaining
commercial quota from the first period would carry over into the second
period; any remaining commercial quota from the second period would not
carry over into the next fishing year. This alternative would maintain
the current commercial trip limit of 100 lb (45 kg), for the first
period and establish one of the following trip limits for the second
[[Page 43038]]
period: 100 lb (45 kg), 150 lb (47.5 kg), 200 lb (91 kg), 250 lb (112.5
kg), or 300 lb (135 kg). Under this alternative and given the ACL
increases, commercial fishing would likely remain open throughout the
first period but would not be open very long in the second period, with
the highest trip limit resulting in the shortest fishing season. As
with the second alternative, this alternative, when combined with lower
trip limits, would provide longer fishing seasons but lower profit per
trip than the preferred alternative. Similarly, this alternative, when
combined with higher trip limits, would allow for a higher profit per
trip but result in shorter fishing seasons. It cannot be determined if
this alternative, with either lower or higher trip limits, would result
in greater annual profits than the preferred alternative. Similar to
the second alternative, the Council considered a split season to
address the accessibility to the resource. For similar reasons
mentioned above, this third alternative was not selected as the
preferred alternative by the Council.
The fourth alternative is similar to the preferred alternative but
would establish a trip limit of either 300 lb (135 kg), or 150 lb (47.5
kg). This alternative would result in a longer fishing season but a
lower profit per trip under a trip limit of 150 lb (47.5 kg), or a
shorter fishing season and a higher profit per trip under a trip limit
of 300 lb (135 kg), than the preferred alternative. The differential
impacts on the annual profits of commercial vessels between this
alternative and the preferred alternative cannot be determined.
However, the preferred alternative appears to provide a better balance
between season length and profit per trip than this alternative with
trip limits of either 150 lb (47.5 kg), or 300 lb (135 kg).
The fifth alternative would modify the snowy grouper commercial
trip limit to 150 lb (47.5 kg), year-round or until the commercial ACL
is met or projected to be met, except for the period of May through
August from Florida's Brevard/Indian River County line northward when
the trip limit will be one of the following: 200 lb (91 kg), 250 lb
(112.5 kg), or 300 lb (135 kg). This alternative would provide for a
lower trip limit than the preferred alternative, except in May through
August when an equal or higher trip limit would be allowed in certain
areas. This alternative would likely benefit commercial vessels in
areas north of Indian River County, Florida, more than vessels in other
areas, at least during the period when vessels in the northern areas
are allowed higher trip limits. Whether total profits from all vessels
would be higher under this alternative than under the preferred
alternative cannot be determined. Although this alternative was not
chosen as the preferred alternative, the Council acknowledged that
fishermen in North Carolina have historically had limited access to
snowy grouper at the beginning of the fishing year due to generally
poor winter weather conditions. However, some milder winters in recent
years have benefitted fishermen through some increased access to snowy
grouper.
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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, South Atlantic, Snapper-Grouper, Snowy grouper.
Dated: July 15, 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)(8) is added to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(8) Snowy grouper recreational sector closure. The recreational
sector for snowy grouper 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 snowy
grouper in or from the South Atlantic EEZ is zero.
0
3. In Sec. 622.190, the last sentence in paragraph (a) introductory
text and paragraph (a)(1) are revised to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * * The quotas are in gutted weight, that is eviscerated but
otherwise whole, except for the quotas in paragraphs (a)(1), (a)(4),
(a)(5), and (a)(6) of this section which are in both gutted weight and
round weight.
(1) Snowy grouper--(i) For the 2015 fishing year--115,451 lb
(52,368 kg), gutted weight; 136,233 lb (61,794 kg), round weight.
(ii) For the 2016 fishing year--125,760 lb (57,044 kg), gutted
weight; 148,397 lb (67,312 kg), round weight.
(iii) For the 2017 fishing year--135,380 lb (61,407 kg), gutted
weight; 159,749 lb (72,461 kg), round weight.
(iv) For the 2018 fishing year--144,315 lb (65,460 kg), gutted
weight; 170,291 lb (77,243 kg), round weight.
(v) For the 2019 and subsequent fishing years--153,935 lb (69,824
kg), gutted weight; 181,644 lb (82,392 kg), round weight.
* * * * *
0
4. In Sec. 622.191, the first sentence in paragraph (a)(3) is revised
to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(3) Snowy grouper. Until the quota specified in Sec. 622.190(a)(1)
is reached--200 lb (91 kg), gutted weight; 236 lb (107 kg), round
weight.* * *
* * * * *
0
5. In Sec. 622.193, paragraph (b)(2) is revised to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) * * *
(2) Recreational sector. (i) If recreational landings, as estimated
by the SRD, exceed the recreational ACL specified in paragraph
(b)(2)(ii) of this section, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. When NMFS reduces the length of the following
recreational fishing season, the following closure provisions apply:
The bag and possession limits for snowy grouper in or from the South
Atlantic EEZ are zero. These bag and possession limits also apply in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-
[[Page 43039]]
grouper has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters. Recreational landings will
be evaluated relative to the ACL based on a moving multi-year average
of landings, as described in the FMP.
(ii) The recreational ACL for snowy grouper is 4,152 fish for 2015;
4,483 fish for 2016; 4,819 fish for 2017, 4,983 fish for 2018; 5,315
fish for 2019 and subsequent fishing years.
* * * * *
[FR Doc. 2015-17801 Filed 7-20-15; 8:45 am]
BILLING CODE 3510-22-P
