Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 25, 34944-34947 [2016-12846]
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sradovich on DSK3TPTVN1PROD with PROPOSALS
34944
Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2106.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016–12805 Filed 5–31–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160225143–6143–01]
RIN 0648–BF61
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 25
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Regulatory Amendment 25
for the Fishery Management Plan (FMP)
for the Snapper-Grouper Fishery of the
South Atlantic Region (Regulatory
Amendment 25) as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). If
implemented, this proposed rule would
revise the commercial and recreational
annual catch limits (ACLs), the
commercial trip limit, and the
recreational bag limit for blueline
tilefish. Additionally, this proposed rule
would revise the black sea bass
recreational bag limit and the the
commercial and recreational fishing
years for yellowtail snapper. The
purpose of this proposed rule for
blueline tilefish is to increase the
optimum yield (OY) and ACLs based on
a revised acceptable biological catch
(ABC) recommendation from the
Council’s Scientific and Statistical
Committee (SSC). The purpose of this
proposed rule is also to achieve OY for
black sea bass and adjust the fishing
year for yellowtail snapper to better
protect the species while allowing for
economic benefits to fishers.
SUMMARY:
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Written comments must be
received on or before June 16, 2016.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2016–0042’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160042, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Rick DeVictor, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Regulatory
Amendment 25, which includes an
environmental assessment, a Regulatory
Flexibility Act analysis, regulatory
impact review, and fishery impact
statement, may be obtained from
www.regulations.gov or the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/sg/2015/reg_am25/
index.html.
FOR FURTHER INFORMATION CONTACT: Rick
DeVictor, NMFS, SERO, telephone: 727–
551–5720 or email: rick.devictor@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic Region is managed under the
FMP and includes blueline tilefish,
black sea bass, and yellowtail snapper.
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).
DATES:
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, OY from
federally managed fish stocks. These
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Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules
mandates are intended to ensure that
fishery resources are managed for the
greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, while also protecting
marine ecosystems.
sradovich on DSK3TPTVN1PROD with PROPOSALS
Stock Status
In 2013, the Southeast Data,
Assessment and Review (SEDAR)
assessment (SEDAR 32) for blueline
tilefish found the stock to be undergoing
overfishing, based on data through 2011.
In 2015, the Council specified a blueline
tilefish ACL in Amendment 32 to the
FMP, based on the results of SEDAR 32
and an ABC recommendation from the
Council’s SSC, and on March 30, 2015,
NMFS issued a final rule to implement
Amendment 32 (80 FR 16583). In
Regulatory Amendment 25, the Council
is revising the blueline tilefish ACL
based on a new ABC recommendation
from the Council’s SSC, and an increase
in the buffer between ABC and ACL to
account for management uncertainty.
In 2013, the SEDAR 25 Update
determined that the black sea bass stock
in the South Atlantic is neither
overfished nor undergoing overfishing,
and that the stock is rebuilt. The final
rule to implement Regulatory
Amendment 19 established increases in
the total ACL and commercial and
recreational ACLs for black sea bass (78
FR 58249, September 23, 2013).
The state of Florida completed a stock
assessment for yellowtail snapper in
May 2012. The assessment determined
that the stock, in the South Atlantic and
Gulf of Mexico waters (state and Federal
waters) combined, is neither overfished
nor undergoing overfishing. The final
rule to implement Regulatory
Amendment 15 to the FMP
implemented the current ACLs for this
stock in the South Atlantic (78 FR
49183, August 13, 2013).
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
commercial and recreational ACLs,
commercial trip limit, and recreational
bag limit for blueline tilefish; revise the
recreational bag limit for black sea bass;
and revise the fishing year for the
yellowtail snapper commercial and
recreational sectors. All ABC and ACL
weights in this proposed rule are
expressed in round weight.
Blueline Tilefish ACLs
This proposed rule would revise the
commercial and recreational ACLs for
blueline tilefish. The current
commercial ACLs are 26,766 lb (12,141
kg) for 2016, 35,785 lb (16,232 kg) for
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2017, and 44,048 lb (19,980 kg) for 2018,
and subsequent fishing years. The
current recreational ACLs are 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.
These ACLs were implemented through
Amendment 32 to the FMP (80 FR
16583, March 30, 2015). This proposed
rule would increase both the
commercial and recreational ACLs for
blueline tilefish in the South Atlantic.
The commercial ACL would be set at
87,521 lb (39,699 kg) and the
recreational ACL would be set at 87,277
lb (39,588 kg).
In Regulatory Amendment 25, the
Council is revising the blueline tilefish
ACL based on a new ABC
recommendation from the Council’s
SSC. Following the SEDAR 32
assessment, the SSC provided an ABC
recommendation to the Council based
on the ABC projections developed after
SEDAR 32. In September 2015, the SSC
raised concerns about the utility of
projections from SEDAR 32 in
specifying the ABC and concluded that
the ABC projections do not represent
the best scientific information available
and are not adequate to support blueline
tilefish fishing level recommendations
for either current or future years. Based
on that determination, the SSC revised
their blueline tilefish ABC
recommendation to set the ABC at the
equilibrium yield at 75 percent of the
fishing mortality that produces the
maximum sustainable yield (224,100 lb
(101,650 kg)). The Council accepted the
SSC’s recommendations and determined
that this revised ABC is sufficient to
prevent the overfishing of blueline
tilefish.
The Council is also revising the ACL
to increase the buffer between the ABC
and ACL from 2 percent to 22 percent.
The increase in the buffer is to account
for management uncertainty, such as
increased landings north of the
Council’s area of jurisdiction. In
Amendment 32 to the FMP, the Council
set the total ACL (combined commercial
and recreational ACL) for the South
Atlantic at 98 percent of the
recommended ABC for the entire
Atlantic region to account for
management uncertainty, since the
stock assessment was coast-wide and
the Council was aware that some
landings of blueline tilefish occurred
north of North Carolina. In Regulatory
Amendment 25, the Council has
determined to set the total ACL at 78
percent of the ABC. This decision is
based on a comparison of the landings
between the South Atlantic and Greater
Atlantic Regions (Maine through
Virginia) which indicate that 22 percent
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of the landings from 2011–2014 are from
the Greater Atlantic Region.
Blueline Tilefish Commercial Trip Limit
The current commercial trip limit for
blueline tilefish is 100 lb (45 kg), gutted
weight; 112 lb (51 kg), round weight,
and was implemented in Amendment
32. The Council selected that trip limit
as a way to slow the commercial harvest
of blueline tilefish, potentially lengthen
the commercial fishing season, and
reduce the risk of the commercial ACL
being exceeded. This proposed rule
would increase the blueline tilefish
commercial trip limit to 300 lb (136 kg)
gutted weight; 336 lb (152 kg), round
weight. The Council decided that an
appropriate response to the increase in
ABC and proposed increase in total ACL
is to increase the commercial trip limit.
The increase in the commercial trip
limit would reduce adverse
socioeconomic effects to commercial
fishermen. In addition, the increase in
the commercial trip limit is not
expected to result in an in-season
closure of blueline tilefish.
Blueline Tilefish and Black Sea Bass
Recreational Bag Limits
This proposed rule would revise the
recreational bag limits for both blueline
tilefish and black sea bass. The current
blueline tilefish bag limit is one fish per
vessel per day for the months of May
through August and is part of the
aggregate bag limit for grouper and
tilefish. There is no recreational
retention of blueline tilefish during the
rest of the fishing year. This bag limit
was implemented in Amendment 32 to
the FMP. In conjunction with the
proposed increase in the recreational
ACL in Regulatory Amendment 25, this
proposed rule would increase the
recreational bag limit to three fish per
person per day for the months of May
through August and remain as part of
the aggregate bag limit for grouper and
tilefish. There would continue to be no
recreational retention of blueline tilefish
during the months of January through
April and September through December,
each year.
The current bag limit for black sea
bass in 5 fish per person per day and
was implemented through the final rule
for Regulatory Amendment 9 to the FMP
(76 FR 34892, June 15, 2011). The
proposed rule would increase the
recreational bag limit for black sea bass
to 7 fish per person per day. The
Council decided to increase the bag
limit to help achieve OY, since the
recreational ACL has not been met in
recent years. Additionally, increasing
the bag limit to 7 fish is not expected
to result in exceeding the recreational
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Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules
ACL or requiring an in-season closure of
the recreational sector.
Yellowtail Snapper Fishing Year
The current fishing fishing year for
the yellowtail snapper commercial and
recreational sectors in the South
Atlantic is January 1 through December
31. The in-season accountability
measure for the commercial sector is to
close yellowtail snapper when the
commercial ACL is met or projected to
be met. Recently, commercial harvest of
yellowtail snapper in the South Atlantic
waters was closed from October 31,
2015, through December 31, 2015,
because the commercial ACL was met
(80 FR 65970, October 28, 2015).
This proposed rule would revise the
fishing year for both the commercial and
recreational sectors to be August 1
through July 31, each year. Changing the
start of the fishing year to August 1
would benefit both sectors because it
would ensure that harvest is open
during the winter months when
yellowtail snapper obtain a higher price
per pound commercially and during
peak tourist season in south Florida,
where the majority of yellowtail snapper
harvest takes place. Additionally, if an
in-season closure for the commercial
sector were to occur as a result of the
ACL being met, it is likely that such a
closure would occur later in the fishing
year. With a fishing year start date of
August 1, then it is more likely that any
such closure would coincide with the
yellowtail snapper peak spawning
period of May through June, thereby
possibly providing some additional
biological benefits to the stock.
sradovich on DSK3TPTVN1PROD with PROPOSALS
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with Regulatory Amendment 25, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
No duplicative, overlapping, or
conflicting Federal rules have been
identified.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows.
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The proposed rule would directly
apply to anglers that harvest blueline
tilefish, black sea bass, and yellowtail
snapper in the South Atlantic exclusive
economic zone (EEZ). Anglers are not
considered small entities as that term is
defined in 5 U.S.C. 601(6), whether
fishing from for-hire fishing (charter
vessel or headboat), private or leased
vessels. Consequently, any impacts of
the proposed rule on anglers are not
considered in this analysis.
The proposed rule would directly
apply to finfish commercial fishing
businesses that harvest blueline tilefish
and yellowtail snapper in the South
Atlantic EEZ. An annual average of 123
vessels harvested blueline tilefish and
an annual average of 256 vessels
harvested yellowtail snapper in the
South Atlantic EEZ from 2010 through
2014.
The Small Business Administration
established size criteria for all major
industry sectors in the U.S., including
finfish fishing. A business involved in
finfish fishing 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) for all of
its affiliated operations worldwide. The
average annual dockside revenue of a
vessel that lands blueline tilefish is
estimated to be $74,907 (2014 dollars),
and the average annual dockside
revenue of a vessel that lands yellowtail
snapper is estimated to be $39,300 (2014
dollars). NMFS estimates that the 123
vessels that harvest blueline tilefish and
256 vessels that harvest yellowtail
snapper are operated by 107 and 223
businesses, respectively, and NMFS
concludes that all of these businesses
are small.
The proposed rule would increase the
commercial ACL of blueline tilefish,
which would allow for increases in
average annual landings of up to 48,582
lb (22,036 kg) and average annual
dockside revenues of up to $107,366
(2014 dollars). Those increases divided
across the 107 small businesses that
harvest blueline tilefish would yield an
average annual benefit from increased
dockside revenue of $1,003 per
business.
The proposed rule would increase the
commercial trip limit for blueline
tilefish from 100 lb (45.4 kg) to 300 lb
(136 kg), gutted weight. Prior to 2015,
there was no commercial trip limit and
from 2010 through 2014, an annual
average of 82 vessels operated by an
estimated 71 small businesses landed
less than 100 lb (45 kg) per trip and an
annual average of 41 vessels operated by
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an estimated 36 small businesses landed
more than 100 lb (45 kg) per trip. The
trip limit increase is expected to benefit
the 36 small businesses that had
landings greater than 100 lb (45 kg), and
their combined annual dockside
revenues are expected to increase from
$66,200 to $78,489 (2014 dollars). The
increases in annual dockside revenues
would not be equal. Eleven of the 36
small businesses would have an average
annual increase from $7 to $729, six
would have an average annual increase
from $736 to $1,458, and 19 would have
an average annual increase of $3,249.
The proposed rule would revise the
commercial fishing year for yellowtail
snapper from January 1 through
December 31 to August 1 through July
31. From 2012 through 2014, the
commercial fishing year remained open
for all 12 months; however, in 2015, the
commercial season closed in October
when landings reached the commercial
ACL. This analysis presumes the 2015
rate of commercial landings is
indicative of future annual landings
and, therefore, concludes that future 12month seasons will close by the end of
the 10th month. The proposed action to
revise the commercial fishing year
would change the two months when the
season is expected to be closed: From
November and December to June and
July. From 2010 to 2014, dockside
prices of yellowtail snapper were, on
average, lowest from May through July
and higher in November and December.
That suggests that the proposed rule
could benefit the 223 small businesses
that harvest yellowtail snapper because
the 2 months of the season that are
expected to be closed (June and July)
would have lower dockside prices than
November and December.
The proposed rule would also adjust
the recreational bag limit for blueline
tilefish, increase the recreational bag
limit for black sea bass, and modify the
recreational fishing year for yellowtail
snapper. Those actions are not relevant
to this analysis because they directly
affect anglers and anglers are not small
entities as explained earlier. Because
this proposed rule would not have a
significant direct adverse economic
effect on a substantial number of small
entities, an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Black sea bass, Blueline tilefish,
Commercial, Fisheries, Fishing,
Recreational, South Atlantic, Yellowtail
snapper.
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Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules
Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.7, add paragraph (f) to read
as follows:
■
§ 622.7
Fishing years.
*
*
*
*
*
(f) South Atlantic yellowtail
snapper—August 1 through July 31 .
■ 3. In § 622.187:
■ a. Revise paragraph (b)(2)(iii);
■ b. Remove and reserve paragraph
(b)(2)(iv); and
■ c. Revise paragraph (b)(7).
The revisions read as follows:
§ 622.187
Bag and possession limits.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) No more than one fish may be a
golden tilefish; and
*
*
*
*
*
(7) Black sea bass—7.
*
*
*
*
*
■ 4. In § 622.191, revise paragraph
(a)(10) to read as follows:
§ 622.191
Commercial trip limits.
*
*
*
*
*
(a) * * *
(10) Blueline tilefish. Until the ACL
specified in § 622.193(z)(1)(i) is reached
or projected to be reached, 300 lb (136
kg), gutted weight; 336 lb (152 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, revise paragraph (z) to
read as follows:
sradovich on DSK3TPTVN1PROD with PROPOSALS
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(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
commercial ACL of 87,521 lb (39,699
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
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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 blueline tilefish
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 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 blueline
tilefish, as estimated by the SRD, are
projected to reach the recreational ACL
of 87,277 lb (39,588 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
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
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34947
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
174,798 lb (79,287 kg), round weight.
[FR Doc. 2016–12846 Filed 5–31–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 140905757–6404–01]
RIN 0648–BE42
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Commercial
Sablefish Fishing Regulations and
Electronic Fish Tickets
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
revise fishery monitoring and
equipment requirements for all
commercial groundfish fisheries,
including a requirement for submitting
electronic fish tickets in the limited
entry fixed gear fisheries and open
access fisheries. This proposed rule
would revise administrative procedures
for limited entry permits, providing
greater flexibility and efficiencies for
limited entry groundfish fishery
participants. This proposed rule also
would require vessels registered to
Vessel Monitoring Systems (VMS) to
make an initial VMS declaration. This
proposed rule also would make
administrative changes and clarifying
edits to improve consistency of the
regulations with past Pacific Fishery
Management Council (Council) actions
and with the Pacific Coast Groundfish
Fishery Management Plan (FMP). This
action is needed to improve monitoring
and administration of the limited entry
sablefish primary fishery and address
unforeseen issues arising out of the
evolution of commercial sablefish
fisheries and subsequent regulations.
DATES: Comments on this proposed rule
must be received by July 1, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0032, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
SUMMARY:
E:\FR\FM\01JNP1.SGM
01JNP1
]]>Agencies
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Proposed Rules]
[Pages 34944-34947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12846]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160225143-6143-01]
RIN 0648-BF61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory
Amendment 25
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Regulatory Amendment 25
for the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery
of the South Atlantic Region (Regulatory Amendment 25) as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
If implemented, this proposed rule would revise the commercial and
recreational annual catch limits (ACLs), the commercial trip limit, and
the recreational bag limit for blueline tilefish. Additionally, this
proposed rule would revise the black sea bass recreational bag limit
and the the commercial and recreational fishing years for yellowtail
snapper. The purpose of this proposed rule for blueline tilefish is to
increase the optimum yield (OY) and ACLs based on a revised acceptable
biological catch (ABC) recommendation from the Council's Scientific and
Statistical Committee (SSC). The purpose of this proposed rule is also
to achieve OY for black sea bass and adjust the fishing year for
yellowtail snapper to better protect the species while allowing for
economic benefits to fishers.
DATES: Written comments must be received on or before June 16, 2016.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2016-0042'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0042, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick DeVictor, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of Regulatory Amendment 25, which includes an
environmental assessment, a Regulatory Flexibility Act analysis,
regulatory impact review, and fishery impact statement, may be obtained
from www.regulations.gov or the Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am25/.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, NMFS, SERO, telephone:
727-551-5720 or email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic Region is managed under the FMP and includes blueline
tilefish, black sea bass, and yellowtail snapper. The FMP was prepared
by the Council and is implemented through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, OY from federally managed fish stocks. These
[[Page 34945]]
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, while also
protecting marine ecosystems.
Stock Status
In 2013, the Southeast Data, Assessment and Review (SEDAR)
assessment (SEDAR 32) for blueline tilefish found the stock to be
undergoing overfishing, based on data through 2011. In 2015, the
Council specified a blueline tilefish ACL in Amendment 32 to the FMP,
based on the results of SEDAR 32 and an ABC recommendation from the
Council's SSC, and on March 30, 2015, NMFS issued a final rule to
implement Amendment 32 (80 FR 16583). In Regulatory Amendment 25, the
Council is revising the blueline tilefish ACL based on a new ABC
recommendation from the Council's SSC, and an increase in the buffer
between ABC and ACL to account for management uncertainty.
In 2013, the SEDAR 25 Update determined that the black sea bass
stock in the South Atlantic is neither overfished nor undergoing
overfishing, and that the stock is rebuilt. The final rule to implement
Regulatory Amendment 19 established increases in the total ACL and
commercial and recreational ACLs for black sea bass (78 FR 58249,
September 23, 2013).
The state of Florida completed a stock assessment for yellowtail
snapper in May 2012. The assessment determined that the stock, in the
South Atlantic and Gulf of Mexico waters (state and Federal waters)
combined, is neither overfished nor undergoing overfishing. The final
rule to implement Regulatory Amendment 15 to the FMP implemented the
current ACLs for this stock in the South Atlantic (78 FR 49183, August
13, 2013).
Management Measures Contained in This Proposed Rule
This proposed rule would revise the commercial and recreational
ACLs, commercial trip limit, and recreational bag limit for blueline
tilefish; revise the recreational bag limit for black sea bass; and
revise the fishing year for the yellowtail snapper commercial and
recreational sectors. All ABC and ACL weights in this proposed rule are
expressed in round weight.
Blueline Tilefish ACLs
This proposed rule would revise the commercial and recreational
ACLs for blueline tilefish. The current commercial ACLs are 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 current
recreational ACLs are 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. These ACLs were implemented through Amendment 32 to the
FMP (80 FR 16583, March 30, 2015). This proposed rule would increase
both the commercial and recreational ACLs for blueline tilefish in the
South Atlantic. The commercial ACL would be set at 87,521 lb (39,699
kg) and the recreational ACL would be set at 87,277 lb (39,588 kg).
In Regulatory Amendment 25, the Council is revising the blueline
tilefish ACL based on a new ABC recommendation from the Council's SSC.
Following the SEDAR 32 assessment, the SSC provided an ABC
recommendation to the Council based on the ABC projections developed
after SEDAR 32. In September 2015, the SSC raised concerns about the
utility of projections from SEDAR 32 in specifying the ABC and
concluded that the ABC projections do not represent the best scientific
information available and are not adequate to support blueline tilefish
fishing level recommendations for either current or future years. Based
on that determination, the SSC revised their blueline tilefish ABC
recommendation to set the ABC at the equilibrium yield at 75 percent of
the fishing mortality that produces the maximum sustainable yield
(224,100 lb (101,650 kg)). The Council accepted the SSC's
recommendations and determined that this revised ABC is sufficient to
prevent the overfishing of blueline tilefish.
The Council is also revising the ACL to increase the buffer between
the ABC and ACL from 2 percent to 22 percent. The increase in the
buffer is to account for management uncertainty, such as increased
landings north of the Council's area of jurisdiction. In Amendment 32
to the FMP, the Council set the total ACL (combined commercial and
recreational ACL) for the South Atlantic at 98 percent of the
recommended ABC for the entire Atlantic region to account for
management uncertainty, since the stock assessment was coast-wide and
the Council was aware that some landings of blueline tilefish occurred
north of North Carolina. In Regulatory Amendment 25, the Council has
determined to set the total ACL at 78 percent of the ABC. This decision
is based on a comparison of the landings between the South Atlantic and
Greater Atlantic Regions (Maine through Virginia) which indicate that
22 percent of the landings from 2011-2014 are from the Greater Atlantic
Region.
Blueline Tilefish Commercial Trip Limit
The current commercial trip limit for blueline tilefish is 100 lb
(45 kg), gutted weight; 112 lb (51 kg), round weight, and was
implemented in Amendment 32. The Council selected that trip limit as a
way to slow the commercial harvest of blueline tilefish, potentially
lengthen the commercial fishing season, and reduce the risk of the
commercial ACL being exceeded. This proposed rule would increase the
blueline tilefish commercial trip limit to 300 lb (136 kg) gutted
weight; 336 lb (152 kg), round weight. The Council decided that an
appropriate response to the increase in ABC and proposed increase in
total ACL is to increase the commercial trip limit. The increase in the
commercial trip limit would reduce adverse socioeconomic effects to
commercial fishermen. In addition, the increase in the commercial trip
limit is not expected to result in an in-season closure of blueline
tilefish.
Blueline Tilefish and Black Sea Bass Recreational Bag Limits
This proposed rule would revise the recreational bag limits for
both blueline tilefish and black sea bass. The current blueline
tilefish bag limit is one fish per vessel per day for the months of May
through August and is part of the aggregate bag limit for grouper and
tilefish. There is no recreational retention of blueline tilefish
during the rest of the fishing year. This bag limit was implemented in
Amendment 32 to the FMP. In conjunction with the proposed increase in
the recreational ACL in Regulatory Amendment 25, this proposed rule
would increase the recreational bag limit to three fish per person per
day for the months of May through August and remain as part of the
aggregate bag limit for grouper and tilefish. There would continue to
be no recreational retention of blueline tilefish during the months of
January through April and September through December, each year.
The current bag limit for black sea bass in 5 fish per person per
day and was implemented through the final rule for Regulatory Amendment
9 to the FMP (76 FR 34892, June 15, 2011). The proposed rule would
increase the recreational bag limit for black sea bass to 7 fish per
person per day. The Council decided to increase the bag limit to help
achieve OY, since the recreational ACL has not been met in recent
years. Additionally, increasing the bag limit to 7 fish is not expected
to result in exceeding the recreational
[[Page 34946]]
ACL or requiring an in-season closure of the recreational sector.
Yellowtail Snapper Fishing Year
The current fishing fishing year for the yellowtail snapper
commercial and recreational sectors in the South Atlantic is January 1
through December 31. The in-season accountability measure for the
commercial sector is to close yellowtail snapper when the commercial
ACL is met or projected to be met. Recently, commercial harvest of
yellowtail snapper in the South Atlantic waters was closed from October
31, 2015, through December 31, 2015, because the commercial ACL was met
(80 FR 65970, October 28, 2015).
This proposed rule would revise the fishing year for both the
commercial and recreational sectors to be August 1 through July 31,
each year. Changing the start of the fishing year to August 1 would
benefit both sectors because it would ensure that harvest is open
during the winter months when yellowtail snapper obtain a higher price
per pound commercially and during peak tourist season in south Florida,
where the majority of yellowtail snapper harvest takes place.
Additionally, if an in-season closure for the commercial sector were to
occur as a result of the ACL being met, it is likely that such a
closure would occur later in the fishing year. With a fishing year
start date of August 1, then it is more likely that any such closure
would coincide with the yellowtail snapper peak spawning period of May
through June, thereby possibly providing some additional biological
benefits to the stock.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Regulatory Amendment 25, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this certification is as follows.
The proposed rule would directly apply to anglers that harvest
blueline tilefish, black sea bass, and yellowtail snapper in the South
Atlantic exclusive economic zone (EEZ). Anglers are not considered
small entities as that term is defined in 5 U.S.C. 601(6), whether
fishing from for-hire fishing (charter vessel or headboat), private or
leased vessels. Consequently, any impacts of the proposed rule on
anglers are not considered in this analysis.
The proposed rule would directly apply to finfish commercial
fishing businesses that harvest blueline tilefish and yellowtail
snapper in the South Atlantic EEZ. An annual average of 123 vessels
harvested blueline tilefish and an annual average of 256 vessels
harvested yellowtail snapper in the South Atlantic EEZ from 2010
through 2014.
The Small Business Administration established size criteria for all
major industry sectors in the U.S., including finfish fishing. A
business involved in finfish fishing 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) for all
of its affiliated operations worldwide. The average annual dockside
revenue of a vessel that lands blueline tilefish is estimated to be
$74,907 (2014 dollars), and the average annual dockside revenue of a
vessel that lands yellowtail snapper is estimated to be $39,300 (2014
dollars). NMFS estimates that the 123 vessels that harvest blueline
tilefish and 256 vessels that harvest yellowtail snapper are operated
by 107 and 223 businesses, respectively, and NMFS concludes that all of
these businesses are small.
The proposed rule would increase the commercial ACL of blueline
tilefish, which would allow for increases in average annual landings of
up to 48,582 lb (22,036 kg) and average annual dockside revenues of up
to $107,366 (2014 dollars). Those increases divided across the 107
small businesses that harvest blueline tilefish would yield an average
annual benefit from increased dockside revenue of $1,003 per business.
The proposed rule would increase the commercial trip limit for
blueline tilefish from 100 lb (45.4 kg) to 300 lb (136 kg), gutted
weight. Prior to 2015, there was no commercial trip limit and from 2010
through 2014, an annual average of 82 vessels operated by an estimated
71 small businesses landed less than 100 lb (45 kg) per trip and an
annual average of 41 vessels operated by an estimated 36 small
businesses landed more than 100 lb (45 kg) per trip. The trip limit
increase is expected to benefit the 36 small businesses that had
landings greater than 100 lb (45 kg), and their combined annual
dockside revenues are expected to increase from $66,200 to $78,489
(2014 dollars). The increases in annual dockside revenues would not be
equal. Eleven of the 36 small businesses would have an average annual
increase from $7 to $729, six would have an average annual increase
from $736 to $1,458, and 19 would have an average annual increase of
$3,249.
The proposed rule would revise the commercial fishing year for
yellowtail snapper from January 1 through December 31 to August 1
through July 31. From 2012 through 2014, the commercial fishing year
remained open for all 12 months; however, in 2015, the commercial
season closed in October when landings reached the commercial ACL. This
analysis presumes the 2015 rate of commercial landings is indicative of
future annual landings and, therefore, concludes that future 12-month
seasons will close by the end of the 10th month. The proposed action to
revise the commercial fishing year would change the two months when the
season is expected to be closed: From November and December to June and
July. From 2010 to 2014, dockside prices of yellowtail snapper were, on
average, lowest from May through July and higher in November and
December. That suggests that the proposed rule could benefit the 223
small businesses that harvest yellowtail snapper because the 2 months
of the season that are expected to be closed (June and July) would have
lower dockside prices than November and December.
The proposed rule would also adjust the recreational bag limit for
blueline tilefish, increase the recreational bag limit for black sea
bass, and modify the recreational fishing year for yellowtail snapper.
Those actions are not relevant to this analysis because they directly
affect anglers and anglers are not small entities as explained earlier.
Because this proposed rule would not have a significant direct adverse
economic effect on a substantial number of small entities, an initial
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Black sea bass, Blueline tilefish, Commercial, Fisheries, Fishing,
Recreational, South Atlantic, Yellowtail snapper.
[[Page 34947]]
Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, add paragraph (f) to read as follows:
Sec. 622.7 Fishing years.
* * * * *
(f) South Atlantic yellowtail snapper--August 1 through July 31 .
0
3. In Sec. 622.187:
0
a. Revise paragraph (b)(2)(iii);
0
b. Remove and reserve paragraph (b)(2)(iv); and
0
c. Revise paragraph (b)(7).
The revisions read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(2) * * *
(iii) No more than one fish may be a golden tilefish; and
* * * * *
(7) Black sea bass--7.
* * * * *
0
4. In Sec. 622.191, revise paragraph (a)(10) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(10) Blueline tilefish. Until the ACL specified in Sec.
622.193(z)(1)(i) is reached or projected to be reached, 300 lb (136
kg), gutted weight; 336 lb (152 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, revise paragraph (z) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(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 commercial ACL of 87,521 lb (39,699 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 blueline tilefish is prohibited and harvest or
possession of blueline tilefish 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 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 blueline
tilefish, as estimated by the SRD, are projected to reach the
recreational ACL of 87,277 lb (39,588 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 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.
(3) The combined commercial and recreational sector ACL (total ACL)
is 174,798 lb (79,287 kg), round weight.
[FR Doc. 2016-12846 Filed 5-31-16; 8:45 am]
BILLING CODE 3510-22-P
