Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37, 69774-69777 [2016-24334]
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Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules
January 1, 2022 through December 31,
2026).
11. The legal basis for any action that
may be taken pursuant to the FNPRM is
contained in sections 1, 2, 4(i), 5, 201–
206, 214, 218–220, 251, 252, 254, 256,
303(r), 332, 403, and 405 of the
Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 201–206,
214, 218–220, 251, 252, 254, 256, 303(r),
332, 403, and 1302.
12. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small-business concern’’
under the Small Business Act. A smallbusiness concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.
13. Total Small Entities. Our proposed
action, if implemented, may, over time,
affect small entities that are not easily
categorized at present. The Commission
therefore describes here, at the outset,
three comprehensive, statutory small
entity size standards. First, nationwide,
there are a total of approximately 28.2
million small businesses, according to
the SBA, which represents 99.7% of all
businesses in the United States. In
addition, a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ Nationwide, as of 2007, there
were approximately 1,621,215 small
organizations. Finally, the term ‘‘small
governmental jurisdiction’’ is defined
generally as ‘‘governments of cities,
towns, townships, villages, school
districts, or special districts, with a
population of less than fifty thousand.’’
Census Bureau data for 2011 indicate
that there were 90,056 local
governmental jurisdictions in the
United States. The Commission
estimates that, of this total, as many as
89,327 entities may qualify as ‘‘small
governmental jurisdictions.’’ Thus, the
Commission estimates that most
governmental jurisdictions are small.
14. Permit-But-Disclose. The
proceeding that this Report and Order
and Further Notice of Proposed
Rulemaking initiates shall be treated as
a ‘‘permit-but-disclose’’ proceeding in
accordance with the Commission’s ex
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parte rules. Persons making ex parte
presentations must file a copy of any
written presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
15. Accordingly, IT IS ORDERED,
pursuant to the authority contained in
sections 1, 2, 4(i), 5, 201–206, 214, 218–
220, 251, 252, 254, 256, 303(r), 332, 403,
and 405 of the Communications Act of
1934, as amended, and section 706 of
the Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 201–206,
214, 218–220, 251, 252, 254, 256, 303(r),
332, 403, and 1302 that this Further
Notice of Proposed Rulemaking is
adopted.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–23917 Filed 10–6–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BG33
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 37
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
AGENCY:
The South Atlantic Fishery
Management Council (South Atlantic
Council) has submitted Amendment 37
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) for review,
approval, and implementation by
NMFS. If approved by the Secretary of
Commerce, Amendment 37 would
modify the management unit boundaries
for hogfish in the South Atlantic by
establishing two hogfish stocks off (1)
Georgia through North Carolina and (2)
Florida Keys/East Florida; establish a
rebuilding plan for the Florida Keys/
East Florida hogfish stock; specify
fishing levels and accountability
measures (AMs), and modify or
establish management measures for the
Georgia through North Carolina and
Florida Keys/East Florida stocks of
hogfish. The purpose of Amendment 37
is to manage hogfish using the best
scientific information available while
ending overfishing and rebuilding the
Florida Keys/East Florida hogfish stock.
DATES: Written comments must be
received by December 6, 2016.
ADDRESSES: You may submit comments
on Amendment 37 identified by
‘‘NOAA–NMFS–2016–0068’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160068, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Nikhil Mehta, NMFS Southeast
Regional Office (SERO), 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
SUMMARY:
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considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 37
may be obtained from
www.regulations.gov or the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov. Amendment 37
includes a final environmental impact
statement, initial regulatory flexibility
analysis, regulatory impact review, and
fishery impact statement.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS SERO, telephone:
727–824–5305, or email: nikhil.mehta@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
amendment to NMFS for review and
approval, partial approval, or
disapproval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an FMP or amendment, publish an
announcement in the Federal Register
notifying the public that the FMP or
amendment is available for review and
comment.
The FMP being revised by
Amendment 37 was prepared by the
South Atlantic Council, and
Amendment 37, if approved, would be
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
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Background
Currently, hogfish is managed under
the FMP as a single stock in the South
Atlantic from the jurisdictional
boundary between the South Atlantic
Council and Gulf of Mexico Fishery
Management Council (Gulf Council)
(approximately the Florida Keys) to a
line extending seaward from the North
Carolina and Virginia state border. The
current status determination criteria
such as maximum sustainable yield
(MSY) and minimum stock size
threshold (MSST), annual catch limits
(ACLs), recreational annual catch targets
(ACTs), AMs, and management
measures in the FMP are established for
a single stock of hogfish for the South
Atlantic region. The most recent stock
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assessment for hogfish was completed
in 2014 through the Southeast Data,
Assessment, and Review assessment
process (SEDAR 37). SEDAR 37
identified two separate stocks of hogfish
in the South Atlantic region under the
jurisdiction of the South Atlantic
Council, and one stock of hogfish in the
Gulf of Mexico (Gulf) under the
jurisdiction of the Gulf Council. In the
South Atlantic region, one stock of
hogfish was identified to exist off North
Carolina, South Carolina, and Georgia;
and a separate stock of hogfish was
identified to exist off the Florida Keys
and East Florida. The South Atlantic
Council’s Scientific and Statistical
Committee (SSC) did not consider the
SEDAR 37 results for the Georgia
through North Carolina stock as
sufficient to determine stock status and
inform South Atlantic Council
management decisions, and the South
Atlantic Council concurred. NMFS
agreed and determined that the
overfishing and overfished status
determination of the Georgia through
North Carolina stock is unknown. Based
on SEDAR 37 and the South Atlantic
Council’s SSC recommendation for the
Florida Keys/East Florida stock, NMFS
determined that the Florida Keys/East
Florida stock is currently undergoing
overfishing and is overfished. Based on
SEDAR 37, NMFS also determined that
the West Florida hogfish stock in the
Gulf identified by SEDAR 37, which
occurs off the west coast of Florida to
Texas, is neither overfished, nor
undergoing overfishing. NMFS notified
the South Atlantic Council of its
determinations via letter on February
17, 2015.
Actions Contained in the Amendment
37
Amendment 37 includes actions to
revise the hogfish fishery management
unit in the FMP by establishing two
hogfish stocks, one in Federal waters off
Georgia through North Carolina and one
in Federal waters off the Florida Keys/
East Florida; establish a rebuilding plan
for the Florida Keys/East Florida hogfish
stock; specify fishing levels and
accountability measures (AMs), and
modify or establish management
measures for the Georgia through North
Carolina and Florida Keys/East Florida
stocks of hogfish. All weights of hogfish
are described in round weight.
Fishery Management Unit for Hogfish
Currently, hogfish is managed as a
single stock in Federal waters in the
South Atlantic region from the
jurisdictional boundary between the
South Atlantic and Gulf Councils to the
North Carolina/Virginia border.
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Amendment 37 would establish new
stock boundaries and create two stocks
of hogfish under the jurisdiction of the
South Atlantic Council. The first stock
would be the Georgia through North
Carolina stock, with a southern
boundary extending from the Florida/
Georgia state border, and a northern
border extending from the North
Carolina/Virginia state border. The
second stock would be the Florida Keys/
East Florida hogfish stock, with a
southern boundary extending from
25°09′ N. lat. near Cape Sable on the
west coast of Florida. The management
area would extend south and east
around the Florida Keys and have a
northern border extending from the
Florida/Georgia state border.
The Gulf Council has approved
Amendment 43 to the FMP for the Reef
Fish Resources of the Gulf, and has
selected the same boundary near Cape
Sable on the west coast of Florida to
separate the Florida Keys/East Florida
hogfish stock from the hogfish stock in
the Gulf (West Florida hogfish stock). In
accordance with Section 304(f) of the
Magnuson-Stevens Act, the Gulf
Council requested that the Secretary
designate the South Atlantic Council as
the responsible Council for management
of this hogfish stock in Gulf Federal
waters south of 25°09′ N. lat. near Cape
Sable on the west coast of Florida. If the
Gulf Council’s request is approved, the
Gulf Council would continue to manage
the West Florida hogfish stock in
Federal waters in the Gulf, except in
Federal waters south of this boundary.
Therefore, the South Atlantic Council,
and not the Gulf Council, would
establish the management measures for
the entire range of the Florida Keys/East
Florida hogfish stock, including in
Federal waters south of 25°09′ N. lat.
near Cape Sable in the Gulf. Commercial
and recreational for-hire vessels fishing
for hogfish in Gulf Federal waters, i.e.,
north and west of the jurisdictional
boundary between the Gulf and South
Atlantic Councils, would still be
required to have the appropriate Federal
Gulf reef fish permits, and vessels
fishing for hogfish in South Atlantic
Federal waters, i.e., south and east of the
jurisdictional boundary, would still be
required to have the appropriate Federal
South Atlantic snapper-grouper permits.
Those permit holders would still be
required to follow the sale and reporting
requirements associated with the
respective permits.
As described in Amendment 37, the
proposed stock boundary near Cape
Sable, Florida, would be a good
demarcation point because it coincides
with an existing State of Florida
management boundary for Florida’s
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Pompano Endorsement Zone and,
therefore, would aid in simplifying
regulations across management
jurisdictions. NMFS specifically seeks
public comment regarding the revised
stock boundaries and the manner in
which the Councils would have
jurisdiction over these stocks if both
Amendment 37 for the South Atlantic
and Amendment 43 for the Gulf are
approved and implemented.
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MSY and MSST for the Georgia Through
North Carolina and Florida Keys/East
Florida Hogfish Stocks
Currently, MSY for the single hogfish
stock in the South Atlantic is the yield
produced by the fishing mortality rate at
MSY (FMSY) or the FMSY proxy, and
MSST is equal to the spawning stock
biomass at MSY (SSBMSY)*(1–M) or 0.5,
whichever is greater (where M equals
natural mortality). However, MSY and
MSST values for the single hogfish stock
are unknown because hogfish were
unassessed until recently. Amendment
37 would specify the MSY for the
Georgia through North Carolina and
Florida Keys/East Florida stocks of
hogfish as equal to the yield produced
by FMSY or the FMSY proxy, with the
MSY and FMSY proxy recommended by
the most recent stock assessment. Based
on SEDAR 37, the resulting MSY for the
Florida Keys/East Florida hogfish stock
is 346,095 lb (156,986 kg), and is
unknown for the Georgia through North
Carolina hogfish stock. Amendment 37
would specify the MSST for these two
stocks of hogfish at 75 percent of
SSBMSY, which results in an unknown
MSST value for the Georgia through
North Carolina hogfish stock, and an
MSST for the Florida Keys/East Florida
hogfish stock of 1,725,293 lb (782,580
kg). The proposed MSST for hogfish is
consistent with how the South Atlantic
Council has defined MSST for other
snapper-grouper stocks with low natural
mortality estimates.
Rebuilding Plan for the Florida Keys/
East Florida Hogfish Stock
Because the Florida Keys/East Florida
hogfish stock is overfished, Amendment
37 would establish a rebuilding plan
that would set the acceptable biological
catch (ABC) equal to the yield at a
constant fishing mortality rate and
rebuild the stock in 10 years with a 72.5
percent probability of success. Year 1 of
the rebuilding plan would be 2017, and
2027 would be the last year. The South
Atlantic Council’s SSC indicated that
harvest levels proposed in the
Amendment 37 rebuilding plan are
sustainable and would achieve the goal
of rebuilding the Florida Keys/East
Florida hogfish stock. As explained
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below, the ABC for the Florida Keys/
East Florida hogfish stock would be
17,930 fish in 2017 and would increase
annually through 2027 when the ABC
would be 63,295 fish.
ACLs and OY for the Georgia Through
North Carolina and Florida Keys/East
Florida Hogfish Stocks
Currently, the total ABC for the single
hogfish stock (equal to ACL and OY) is
134,824 lb (61,155 kg), with a
commercial ACL sector allocation (36.69
percent) of 49,469 lb (22,439 kg), and
recreational ACL sector allocation
(63.31 percent) of 85,355 lb (38,716 kg).
For the Georgia through North Carolina
hogfish stock, Amendment 37 would
specify an ABC of 35,716 lb (16,201 kg),
a total ACL and OY (equal to 95 percent
of the ABC) of 33,930 lb (15,390 kg), and
commercial and recreational ACLs
based on re-calculated sector allocations
of 69.13 percent to the commercial
sector and 30.87 percent to the
recreational sector. It was necessary to
re-calculate the sector allocations based
on the existing formula from the
Comprehensive ACL Amendment, based
on the appropriate landings from the
relevant geographic region of the new
stock. The commercial ACL would be
23,456 lb (10,639 kg) and the
recreational ACL would be 988 fish.
For the Florida Keys/East Florida
stock of hogfish, Amendment 37 would
specify an ABC of 17,930 fish which
would increase annually through 2027
when the ABC would be 63,295 fish.
The total ACL and OY would be equal
to 95 percent of the ABC, and the
commercial and recreational ACLs
would be based on re-calculated sector
allocations of 9.63 percent to the
commercial sector and 90.37 percent to
the recreational sector. In 2017, the total
ACL (and OY) would be 17,034 fish, the
commercial ACL would be 3,510 lb
(1,592 kg), and the recreational ACL
would be 15,689 fish and would
increase annually through 2027 as the
stock rebuilds. In 2027, the total ACL
(and OY) for the Florida Keys/East
Florida hogfish stock would be 60,130
fish, the commercial ACL would be
17,018 lb (7,719 kg), and recreational
ACL would be 53,610 fish.
Recreational ACTs for the Georgia
Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The recreational ACT for the current
hogfish stock is 59,390 lb (26,939 kg).
Amendment 37 would specify a
recreational ACT (equal to 85 percent of
the recreational ACL) of 840 fish for the
Georgia through North Carolina stock,
and 13,335 fish for the Florida Keys/
East Florida stock in 2017. The
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recreational ACTs for the Florida Keys/
East Florida stock would increase
annually from 2017 through 2027 as the
stock rebuilds. NMFS notes that the
recreational ACT is currently used only
for monitoring.
AMs for the Commercial and
Recreational Sectors for Both the
Georgia Through North Carolina and
Florida Keys/East Florida Hogfish
Stocks
The current South Atlantic
commercial AMs for the single hogfish
stock consist of an in-season closure of
the commercial sector if the commercial
ACL is met or projected to be met; and
if the commercial ACL is exceeded, a
post-season AM that would reduce the
commercial ACL by the amount of the
commercial ACL overage during the
following fishing year, only if the total
ACL is also exceeded and hogfish are
overfished. Amendment 37 would retain
the current South Atlantic in-season and
post-season AMs for the commercial
sector, and apply them to both the
Georgia through North Carolina and
Florida Keys/East Florida hogfish
stocks.
The current South Atlantic
recreational AMs for the single hogfish
stock consist of an in-season closure of
the recreational sector if the recreational
ACL is met or is projected to be met. If
the recreational ACL is exceeded, then
during the following fishing year, NMFS
will monitor for a persistence in
increased landings. The post-season AM
would reduce the length of the
recreational season and the recreational
ACL by the amount of the recreational
ACL overage, only if the total ACL is
also exceeded and hogfish are
overfished. Amendment 37 would retain
these current South Atlantic
recreational AMs for both the Georgia
through North Carolina and Florida
Keys/East Florida hogfish stocks.
Minimum Size Limits for the Georgia
Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The current minimum size limit for
the single hogfish stock in the South
Atlantic is 12 inches (30.5 cm), fork
length (FL), for both the commercial and
recreational sectors. For both the
commercial and recreational sectors,
Amendment 37 would increase the
minimum size limit to 17 inches (43.2
cm), FL, for the Georgia through North
Carolina hogfish stock, and 16 inches
(40.6 cm), FL, for the Florida Keys/East
Florida hogfish stock. The South
Atlantic Council determined these
minimum size limits could serve as a
precautionary approach to address
population stability, considering life
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history characteristics for hogfish off
Georgia through North Carolina, and
reduce disruption to spawning, avoid
recruitment overfishing, and benefit the
spawning populations off the Florida
Keys and East Florida.
Commercial Trip Limit for the Georgia
Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
Currently, there is no commercial trip
limit for hogfish in the South Atlantic.
Amendment 37 would establish a
commercial trip limit of 500 lb (227 kg)
for the Georgia through North Carolina
stock, and 25 lb (11 kg) for the Florida
Keys/East Florida stock. As described in
Amendment 37, few fishermen catch
more than 500 lb (227 kg) of hogfish per
trip off Georgia through North Carolina,
and the proposed commercial ACL is
not expected to be met. However,
because restrictions on commercial
harvest of hogfish from the Florida
Keys/East Florida stock could be large,
there was some concern that fishermen
may shift effort to Georgia and the
Carolinas. Therefore, the South Atlantic
Council proposed a 500-lb (227-kg)
commercial trip limit for the Georgia
through North Carolina stock to enable
commercial harvest in that geographic
sub-region to take place year-round. The
South Atlantic Council determined that
implementing a trip limit of 25 lb (11
kg) for the Florida Keys/East Florida
stock would restrict harvest and help to
extend the commercial fishing season.
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Recreational Bag Limits for the Georgia
Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The current recreational bag limit for
hogfish in the South Atlantic is five fish
per person per day in Federal waters off
Florida, with no recreational bag limits
in Federal waters off Georgia, South
Carolina, and North Carolina.
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Amendment 37 would set a recreational
bag limit of one fish per person per day
in Federal waters off the Florida Keys
and East Florida, and a recreational bag
limit of two fish per person per day in
Federal waters off Georgia through
North Carolina. The South Atlantic
Council determined that these bag limits
would reduce harvest and help to
extend the recreational fishing season.
Recreational Fishing Season for the
Florida Keys/East Florida Hogfish Stock
Currently, hogfish is available for the
recreational sector to harvest yearround, as long as the recreational ACL
has not been met. Amendment 37 would
establish a recreational fishing season
from May through October for the
Florida Keys/East Florida hogfish stock.
As described in Amendment 37, hogfish
spawning activity occurs predominantly
during the months of December through
April, and begins (and ends) slightly
earlier in the Florida Keys than on the
West Florida shelf (e.g., from the Florida
panhandle south along the west coast of
Florida to Naples, Florida). Analysis in
Amendment 37 showed that based on
the proposed recreational ACLs,
minimum size limits, and recreational
bag limits, a recreational fishing season
that is open for 6 months would help
constrain recreational landings below
the recreational ACL for the Florida
Keys/East Florida hogfish stock. The
South Atlantic Council determined that
specifying a May through October
fishing season would protect the
overfished Florida Keys/East Florida
hogfish stock during the peak spawning
season, and the proposed ACLs and
AMs would help ensure overfishing
does not occur. The South Atlantic
Council decided not to establish a
recreational fishing season for the
Georgia through North Carolina hogfish
stock, because that stock does not seem
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to be experiencing heavy fishing
pressure, and the average recreational
landings in recent years have been well
below the proposed recreational ACL.
Proposed Rule for Amendment 37
A proposed rule that would
implement Amendment 37 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMP, the Magnuson-Stevens Act,
and other applicable laws. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The South Atlantic Council has
submitted Amendment 37 for
Secretarial review, approval, and
implementation. Comments on
Amendment 37 must be received by
December 6, 2016. Comments received
during the respective comment periods,
whether specifically directed to
Amendment 37 or the proposed rule
will be considered by NMFS in the
decision to approve, disapprove, or
partially approve Amendment 37.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 4, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–24334 Filed 10–6–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69774-69777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24334]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BG33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) has submitted Amendment 37 to the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region (FMP) for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 37 would modify the management unit
boundaries for hogfish in the South Atlantic by establishing two
hogfish stocks off (1) Georgia through North Carolina and (2) Florida
Keys/East Florida; establish a rebuilding plan for the Florida Keys/
East Florida hogfish stock; specify fishing levels and accountability
measures (AMs), and modify or establish management measures for the
Georgia through North Carolina and Florida Keys/East Florida stocks of
hogfish. The purpose of Amendment 37 is to manage hogfish using the
best scientific information available while ending overfishing and
rebuilding the Florida Keys/East Florida hogfish stock.
DATES: Written comments must be received by December 6, 2016.
ADDRESSES: You may submit comments on Amendment 37 identified by
``NOAA-NMFS-2016-0068'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0068, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Nikhil Mehta, NMFS
Southeast Regional Office (SERO), 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
[[Page 69775]]
considered by NMFS. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 37 may be obtained from
www.regulations.gov or the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov. Amendment 37 includes a final environmental impact
statement, initial regulatory flexibility analysis, regulatory impact
review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS SERO, telephone:
727-824-5305, or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or
amendment to NMFS for review and approval, partial approval, or
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, publish an announcement in the Federal
Register notifying the public that the FMP or amendment is available
for review and comment.
The FMP being revised by Amendment 37 was prepared by the South
Atlantic Council, and Amendment 37, if approved, would be implemented
by NMFS through regulations at 50 CFR part 622 under the authority of
the Magnuson-Stevens Act.
Background
Currently, hogfish is managed under the FMP as a single stock in
the South Atlantic from the jurisdictional boundary between the South
Atlantic Council and Gulf of Mexico Fishery Management Council (Gulf
Council) (approximately the Florida Keys) to a line extending seaward
from the North Carolina and Virginia state border. The current status
determination criteria such as maximum sustainable yield (MSY) and
minimum stock size threshold (MSST), annual catch limits (ACLs),
recreational annual catch targets (ACTs), AMs, and management measures
in the FMP are established for a single stock of hogfish for the South
Atlantic region. The most recent stock assessment for hogfish was
completed in 2014 through the Southeast Data, Assessment, and Review
assessment process (SEDAR 37). SEDAR 37 identified two separate stocks
of hogfish in the South Atlantic region under the jurisdiction of the
South Atlantic Council, and one stock of hogfish in the Gulf of Mexico
(Gulf) under the jurisdiction of the Gulf Council. In the South
Atlantic region, one stock of hogfish was identified to exist off North
Carolina, South Carolina, and Georgia; and a separate stock of hogfish
was identified to exist off the Florida Keys and East Florida. The
South Atlantic Council's Scientific and Statistical Committee (SSC) did
not consider the SEDAR 37 results for the Georgia through North
Carolina stock as sufficient to determine stock status and inform South
Atlantic Council management decisions, and the South Atlantic Council
concurred. NMFS agreed and determined that the overfishing and
overfished status determination of the Georgia through North Carolina
stock is unknown. Based on SEDAR 37 and the South Atlantic Council's
SSC recommendation for the Florida Keys/East Florida stock, NMFS
determined that the Florida Keys/East Florida stock is currently
undergoing overfishing and is overfished. Based on SEDAR 37, NMFS also
determined that the West Florida hogfish stock in the Gulf identified
by SEDAR 37, which occurs off the west coast of Florida to Texas, is
neither overfished, nor undergoing overfishing. NMFS notified the South
Atlantic Council of its determinations via letter on February 17, 2015.
Actions Contained in the Amendment 37
Amendment 37 includes actions to revise the hogfish fishery
management unit in the FMP by establishing two hogfish stocks, one in
Federal waters off Georgia through North Carolina and one in Federal
waters off the Florida Keys/East Florida; establish a rebuilding plan
for the Florida Keys/East Florida hogfish stock; specify fishing levels
and accountability measures (AMs), and modify or establish management
measures for the Georgia through North Carolina and Florida Keys/East
Florida stocks of hogfish. All weights of hogfish are described in
round weight.
Fishery Management Unit for Hogfish
Currently, hogfish is managed as a single stock in Federal waters
in the South Atlantic region from the jurisdictional boundary between
the South Atlantic and Gulf Councils to the North Carolina/Virginia
border. Amendment 37 would establish new stock boundaries and create
two stocks of hogfish under the jurisdiction of the South Atlantic
Council. The first stock would be the Georgia through North Carolina
stock, with a southern boundary extending from the Florida/Georgia
state border, and a northern border extending from the North Carolina/
Virginia state border. The second stock would be the Florida Keys/East
Florida hogfish stock, with a southern boundary extending from
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. The
management area would extend south and east around the Florida Keys and
have a northern border extending from the Florida/Georgia state border.
The Gulf Council has approved Amendment 43 to the FMP for the Reef
Fish Resources of the Gulf, and has selected the same boundary near
Cape Sable on the west coast of Florida to separate the Florida Keys/
East Florida hogfish stock from the hogfish stock in the Gulf (West
Florida hogfish stock). In accordance with Section 304(f) of the
Magnuson-Stevens Act, the Gulf Council requested that the Secretary
designate the South Atlantic Council as the responsible Council for
management of this hogfish stock in Gulf Federal waters south of
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. If the
Gulf Council's request is approved, the Gulf Council would continue to
manage the West Florida hogfish stock in Federal waters in the Gulf,
except in Federal waters south of this boundary. Therefore, the South
Atlantic Council, and not the Gulf Council, would establish the
management measures for the entire range of the Florida Keys/East
Florida hogfish stock, including in Federal waters south of 25[deg]09'
N. lat. near Cape Sable in the Gulf. Commercial and recreational for-
hire vessels fishing for hogfish in Gulf Federal waters, i.e., north
and west of the jurisdictional boundary between the Gulf and South
Atlantic Councils, would still be required to have the appropriate
Federal Gulf reef fish permits, and vessels fishing for hogfish in
South Atlantic Federal waters, i.e., south and east of the
jurisdictional boundary, would still be required to have the
appropriate Federal South Atlantic snapper-grouper permits. Those
permit holders would still be required to follow the sale and reporting
requirements associated with the respective permits.
As described in Amendment 37, the proposed stock boundary near Cape
Sable, Florida, would be a good demarcation point because it coincides
with an existing State of Florida management boundary for Florida's
[[Page 69776]]
Pompano Endorsement Zone and, therefore, would aid in simplifying
regulations across management jurisdictions. NMFS specifically seeks
public comment regarding the revised stock boundaries and the manner in
which the Councils would have jurisdiction over these stocks if both
Amendment 37 for the South Atlantic and Amendment 43 for the Gulf are
approved and implemented.
MSY and MSST for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks
Currently, MSY for the single hogfish stock in the South Atlantic
is the yield produced by the fishing mortality rate at MSY
(FMSY) or the FMSY proxy, and MSST is equal to
the spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5,
whichever is greater (where M equals natural mortality). However, MSY
and MSST values for the single hogfish stock are unknown because
hogfish were unassessed until recently. Amendment 37 would specify the
MSY for the Georgia through North Carolina and Florida Keys/East
Florida stocks of hogfish as equal to the yield produced by
FMSY or the FMSY proxy, with the MSY and
FMSY proxy recommended by the most recent stock assessment.
Based on SEDAR 37, the resulting MSY for the Florida Keys/East Florida
hogfish stock is 346,095 lb (156,986 kg), and is unknown for the
Georgia through North Carolina hogfish stock. Amendment 37 would
specify the MSST for these two stocks of hogfish at 75 percent of
SSBMSY, which results in an unknown MSST value for the
Georgia through North Carolina hogfish stock, and an MSST for the
Florida Keys/East Florida hogfish stock of 1,725,293 lb (782,580 kg).
The proposed MSST for hogfish is consistent with how the South Atlantic
Council has defined MSST for other snapper-grouper stocks with low
natural mortality estimates.
Rebuilding Plan for the Florida Keys/East Florida Hogfish Stock
Because the Florida Keys/East Florida hogfish stock is overfished,
Amendment 37 would establish a rebuilding plan that would set the
acceptable biological catch (ABC) equal to the yield at a constant
fishing mortality rate and rebuild the stock in 10 years with a 72.5
percent probability of success. Year 1 of the rebuilding plan would be
2017, and 2027 would be the last year. The South Atlantic Council's SSC
indicated that harvest levels proposed in the Amendment 37 rebuilding
plan are sustainable and would achieve the goal of rebuilding the
Florida Keys/East Florida hogfish stock. As explained below, the ABC
for the Florida Keys/East Florida hogfish stock would be 17,930 fish in
2017 and would increase annually through 2027 when the ABC would be
63,295 fish.
ACLs and OY for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks
Currently, the total ABC for the single hogfish stock (equal to ACL
and OY) is 134,824 lb (61,155 kg), with a commercial ACL sector
allocation (36.69 percent) of 49,469 lb (22,439 kg), and recreational
ACL sector allocation (63.31 percent) of 85,355 lb (38,716 kg). For the
Georgia through North Carolina hogfish stock, Amendment 37 would
specify an ABC of 35,716 lb (16,201 kg), a total ACL and OY (equal to
95 percent of the ABC) of 33,930 lb (15,390 kg), and commercial and
recreational ACLs based on re-calculated sector allocations of 69.13
percent to the commercial sector and 30.87 percent to the recreational
sector. It was necessary to re-calculate the sector allocations based
on the existing formula from the Comprehensive ACL Amendment, based on
the appropriate landings from the relevant geographic region of the new
stock. The commercial ACL would be 23,456 lb (10,639 kg) and the
recreational ACL would be 988 fish.
For the Florida Keys/East Florida stock of hogfish, Amendment 37
would specify an ABC of 17,930 fish which would increase annually
through 2027 when the ABC would be 63,295 fish. The total ACL and OY
would be equal to 95 percent of the ABC, and the commercial and
recreational ACLs would be based on re-calculated sector allocations of
9.63 percent to the commercial sector and 90.37 percent to the
recreational sector. In 2017, the total ACL (and OY) would be 17,034
fish, the commercial ACL would be 3,510 lb (1,592 kg), and the
recreational ACL would be 15,689 fish and would increase annually
through 2027 as the stock rebuilds. In 2027, the total ACL (and OY) for
the Florida Keys/East Florida hogfish stock would be 60,130 fish, the
commercial ACL would be 17,018 lb (7,719 kg), and recreational ACL
would be 53,610 fish.
Recreational ACTs for the Georgia Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The recreational ACT for the current hogfish stock is 59,390 lb
(26,939 kg). Amendment 37 would specify a recreational ACT (equal to 85
percent of the recreational ACL) of 840 fish for the Georgia through
North Carolina stock, and 13,335 fish for the Florida Keys/East Florida
stock in 2017. The recreational ACTs for the Florida Keys/East Florida
stock would increase annually from 2017 through 2027 as the stock
rebuilds. NMFS notes that the recreational ACT is currently used only
for monitoring.
AMs for the Commercial and Recreational Sectors for Both the Georgia
Through North Carolina and Florida Keys/East Florida Hogfish Stocks
The current South Atlantic commercial AMs for the single hogfish
stock consist of an in-season closure of the commercial sector if the
commercial ACL is met or projected to be met; and if the commercial ACL
is exceeded, a post-season AM that would reduce the commercial ACL by
the amount of the commercial ACL overage during the following fishing
year, only if the total ACL is also exceeded and hogfish are
overfished. Amendment 37 would retain the current South Atlantic in-
season and post-season AMs for the commercial sector, and apply them to
both the Georgia through North Carolina and Florida Keys/East Florida
hogfish stocks.
The current South Atlantic recreational AMs for the single hogfish
stock consist of an in-season closure of the recreational sector if the
recreational ACL is met or is projected to be met. If the recreational
ACL is exceeded, then during the following fishing year, NMFS will
monitor for a persistence in increased landings. The post-season AM
would reduce the length of the recreational season and the recreational
ACL by the amount of the recreational ACL overage, only if the total
ACL is also exceeded and hogfish are overfished. Amendment 37 would
retain these current South Atlantic recreational AMs for both the
Georgia through North Carolina and Florida Keys/East Florida hogfish
stocks.
Minimum Size Limits for the Georgia Through North Carolina and Florida
Keys/East Florida Hogfish Stocks
The current minimum size limit for the single hogfish stock in the
South Atlantic is 12 inches (30.5 cm), fork length (FL), for both the
commercial and recreational sectors. For both the commercial and
recreational sectors, Amendment 37 would increase the minimum size
limit to 17 inches (43.2 cm), FL, for the Georgia through North
Carolina hogfish stock, and 16 inches (40.6 cm), FL, for the Florida
Keys/East Florida hogfish stock. The South Atlantic Council determined
these minimum size limits could serve as a precautionary approach to
address population stability, considering life
[[Page 69777]]
history characteristics for hogfish off Georgia through North Carolina,
and reduce disruption to spawning, avoid recruitment overfishing, and
benefit the spawning populations off the Florida Keys and East Florida.
Commercial Trip Limit for the Georgia Through North Carolina and
Florida Keys/East Florida Hogfish Stocks
Currently, there is no commercial trip limit for hogfish in the
South Atlantic. Amendment 37 would establish a commercial trip limit of
500 lb (227 kg) for the Georgia through North Carolina stock, and 25 lb
(11 kg) for the Florida Keys/East Florida stock. As described in
Amendment 37, few fishermen catch more than 500 lb (227 kg) of hogfish
per trip off Georgia through North Carolina, and the proposed
commercial ACL is not expected to be met. However, because restrictions
on commercial harvest of hogfish from the Florida Keys/East Florida
stock could be large, there was some concern that fishermen may shift
effort to Georgia and the Carolinas. Therefore, the South Atlantic
Council proposed a 500-lb (227-kg) commercial trip limit for the
Georgia through North Carolina stock to enable commercial harvest in
that geographic sub-region to take place year-round. The South Atlantic
Council determined that implementing a trip limit of 25 lb (11 kg) for
the Florida Keys/East Florida stock would restrict harvest and help to
extend the commercial fishing season.
Recreational Bag Limits for the Georgia Through North Carolina and
Florida Keys/East Florida Hogfish Stocks
The current recreational bag limit for hogfish in the South
Atlantic is five fish per person per day in Federal waters off Florida,
with no recreational bag limits in Federal waters off Georgia, South
Carolina, and North Carolina. Amendment 37 would set a recreational bag
limit of one fish per person per day in Federal waters off the Florida
Keys and East Florida, and a recreational bag limit of two fish per
person per day in Federal waters off Georgia through North Carolina.
The South Atlantic Council determined that these bag limits would
reduce harvest and help to extend the recreational fishing season.
Recreational Fishing Season for the Florida Keys/East Florida Hogfish
Stock
Currently, hogfish is available for the recreational sector to
harvest year-round, as long as the recreational ACL has not been met.
Amendment 37 would establish a recreational fishing season from May
through October for the Florida Keys/East Florida hogfish stock. As
described in Amendment 37, hogfish spawning activity occurs
predominantly during the months of December through April, and begins
(and ends) slightly earlier in the Florida Keys than on the West
Florida shelf (e.g., from the Florida panhandle south along the west
coast of Florida to Naples, Florida). Analysis in Amendment 37 showed
that based on the proposed recreational ACLs, minimum size limits, and
recreational bag limits, a recreational fishing season that is open for
6 months would help constrain recreational landings below the
recreational ACL for the Florida Keys/East Florida hogfish stock. The
South Atlantic Council determined that specifying a May through October
fishing season would protect the overfished Florida Keys/East Florida
hogfish stock during the peak spawning season, and the proposed ACLs
and AMs would help ensure overfishing does not occur. The South
Atlantic Council decided not to establish a recreational fishing season
for the Georgia through North Carolina hogfish stock, because that
stock does not seem to be experiencing heavy fishing pressure, and the
average recreational landings in recent years have been well below the
proposed recreational ACL.
Proposed Rule for Amendment 37
A proposed rule that would implement Amendment 37 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The South Atlantic Council has submitted Amendment 37 for
Secretarial review, approval, and implementation. Comments on Amendment
37 must be received by December 6, 2016. Comments received during the
respective comment periods, whether specifically directed to Amendment
37 or the proposed rule will be considered by NMFS in the decision to
approve, disapprove, or partially approve Amendment 37. Comments
received after the comment periods will not be considered by NMFS in
this decision. All comments received by NMFS on the amendment or the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 4, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-24334 Filed 10-6-16; 8:45 am]
BILLING CODE 3510-22-P
