Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 1, 14234-14236 [2018-06633]
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it 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). This proposed rule 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 rulemaking does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a withdrawal, and does not
alter the relationship or the distribution
of power and responsibilities
established in the Act. This rulemaking
also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997),
because it approves a withdrawal.
In reviewing section 111(d)/129 plan
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Act. With regard to
withdrawals for designated facilities
received by EPA from states, EPA’s role
is to notify the public of the approval of
the State’s withdrawal and revise 40
CFR part 62 accordingly. In this context,
in the absence of a prior existing
requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
section 111(d)/129 withdrawal for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a section 111(d)/
129 withdrawal, to use VCS in place of
a section 111(d)/129 withdrawal
submission that otherwise satisfies the
provisions of the Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rulemaking
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hospital/medical/
infectious waste incinerators,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018–06748 Filed 4–2–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 171222999–8208–01]
RIN 0648–BH46
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Abbreviated Framework
Amendment 1
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Abbreviated Framework Amendment 1
(Abbreviated Framework 1) to the
Fishery Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region, as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). If
implemented, this proposed rule would
reduce the commercial and recreational
annual catch limits (ACLs) for red
grouper in the exclusive economic zone
(EEZ) of the South Atlantic. The
purpose of the proposed rule is to
address the overfishing of red grouper.
DATES: Written comments must be
received by May 3, 2018.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2017–0162’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal
Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170162, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
SUMMARY:
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• Mail: Submit all written comments
to Frank Helies, NMFS Southeast
Regional Office, 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),
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 Abbreviated
Framework 1, which includes an
environmental assessment, Regulatory
Flexibility Act (RFA) analysis, and a
regulatory impact review, may be
obtained from www.regulations.gov or
the Southeast Regional Office website at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/sg/2017/red_grouper_
framework/.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS SERO, telephone:
727–824–5305, email: Frank.Helies@
noaa.gov.
The
snapper-grouper fishery in the South
Atlantic region is managed under the
FMP and includes red grouper, along
with other snapper-grouper species. The
FMP was prepared by the Council and
is implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). All
weights described in this proposed rule
are in round weight.
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the
optimum yield from federally managed
fish stocks to ensure that fishery
resources are managed for the greatest
overall benefit to the nation.
In 2010, NMFS determined that the
South Atlantic red grouper stock was
undergoing overfishing and was
overfished following a stock assessment
(Southeast Data, Assessment, and
Review (SEDAR) 19). Through
Amendment 24 to the FMP, the Council
and NMFS implemented a 10-year
rebuilding plan in 2011, with a
projected end date of 2020, which was
E:\FR\FM\03APP1.SGM
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
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expected to end overfishing and rebuild
the stock (77 FR 34254; June 11, 2012).
In February 2017, a standard stock
assessment for red grouper was
completed (SEDAR 53). Based on the
results of SEDAR 53, NMFS notified the
Council on September 27, 2017, that the
red grouper stock is overfished, is
undergoing overfishing, and is not
making adequate rebuilding progress
according to its rebuilding plan. Based
on projections from SEDAR 53, the
Council’s Scientific and Statistical
Committee (SSC) provided an
acceptable biological catch (ABC)
recommendation to the Council. The
Council accepted that ABC
recommendation, and then revised the
red grouper ACLs in Abbreviated
Framework 1.
In addition to this current rulemaking
for Abbreviated Framework 1, the
Council and NMFS are developing a
new red grouper rebuilding plan
through Amendment 42 to the FMP
(Amendment 42). The Council is also
considering changes to red grouper
management measures through
Regulatory Amendments 26 and 27 to
the Snapper-Grouper FMP. NMFS and
the Council intend to implement
Abbreviated Framework 1 to reduce the
sector ACLs below the overfishing limit
to address overfishing while
Amendment 42, Regulatory Amendment
26, and Regulatory Amendment 27 are
developed and implemented.
Management Measures Contained in
This Proposed Rule
This proposed rule would revise the
ACLs for South Atlantic red grouper for
both the commercial and recreational
sectors. The current total ACL
(commercial and recreational ACL
combined) is 780,000 lb (353,802 kg).
The total ACL is divided into a
commercial sector ACL of 343,200 lb
(155,673 kg) and a recreational sector
ACL of 436,800 lb (198,129 kg). The
ACLs are based on the sector allocation
ratio developed by the Council for red
grouper (44 percent commercial and 56
percent recreational) established in
Amendment 24 (77 FR 34254; June 11,
2012).
Consistent with the results of SEDAR
53 and the ABC recommendation from
the SSC accepted by the Council, this
proposed rule would reduce the total,
commercial, and recreational ACLs. The
commercial ACL would be set at 61,160
lb (27,742 kg), for 2018, 66,000 lb
(29,937 kg), for 2019, and 71,280 lb
(32,332 kg), for 2020 and subsequent
fishing years. The recreational ACL
would be set at 77,840 lb (35,308 kg), for
2018, 84,000 lb (38,102 kg), for 2019,
and 90,720 lb (41,150 kg), for 2020 and
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subsequent fishing years. The total ACL
would be set at 139,000 lb (63,049 kg)
for 2018, 150,000 lb (68,039 kg) for
2019, and 162,000 lb (73,482 kg) for
2020 and subsequent fishing years. The
total ACLs are equal to the SSC’s ABC
recommendation, and this proposed
rule does not change the sector
allocations.
As a result of the proposed ACLs
being set lower than the overfishing
limit (at the yield at 75 percent FMSY),
the Council expects overfishing of red
grouper may end immediately upon
implementation of the rule. For the last
several years, commercial landings have
averaged 50,204 lb (22,772 kg), which is
less than the commercial ACL proposed
in Abbreviated Framework 1. The
recreational landings have been highly
variable since 2012, and using the
average recreational landings from
2014–2016, the proposed lower ACL for
the recreational sector is predicted to
result in a shortened recreational fishing
season, with closure dates ranging from
July 26 to August 19. If the red grouper
stock experiences a year of high
recruitment, the proposed lower ACLs
would constrain future recreational and
commercial harvest and prevent
overfishing.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with
Abbreviated Framework 1, the FMP, the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under E.O. 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows:
A description of the proposed rule,
why it is being considered, and the
objectives of, and legal basis for this
proposed rule are contained at the
beginning of this section in the
preamble and in the SUMMARY section of
the preamble. The Magnuson-Stevens
Act provides the statutory basis for this
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
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14235
compliance requirements are introduced
by this proposed rule. Accordingly, this
proposed rule does not implicate the
Paperwork Reduction Act.
This proposed rule would reduce the
total, commercial, and recreational
ACLs for South Atlantic red grouper.
Because the RFA does not apply to
recreational anglers, only the effects on
commercial vessels were analyzed; any
impact to the profitability or
competitiveness of for-hire fishing
businesses would be the result of
changes in for-hire angler demand and
would, therefore, be indirect in nature.
The RFA does not consider indirect
impacts.
This proposed rule would directly
affect only federally permitted
commercial snapper-grouper fishermen
fishing for red grouper in the South
Atlantic. As described in Abbreviated
Framework 1, the revised commercial
ACLs would be 61,160 lb (27,742 kg) for
2018, 66,000 lb (29,937 kg) for 2019, and
71,280 lb (32,332 kg) for 2020 and
beyond. Commercial landings of South
Atlantic red grouper have been
decreasing, particular in the last five
years (2012–2016), with projected 2017
landings of approximately 35,000 lb
(15,875 kg). If this trend continues or
levels off, the likelihood of reaching the
proposed commercial ACL in 2018 and
beyond would be very low. In the
unlikely event that commercial landings
increase in 2018 and beyond as to reach
the proposed commercial ACLs, the
effects of the commercial ACL reduction
would be relatively small because only
approximately 2.7 percent of total
commercial snapper-grouper vessel
revenues have historically been derived
from red grouper.
The information provided above
supports a determination that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
Because this proposed rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing,
Overfishing, Recreational, Red grouper,
South Atlantic.
Dated: March 28, 2018.
Alan D. Risenhoover,
Acting 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:
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Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules
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: 5 U.S.C. 561 and 16 U.S.C.
1801 et seq.
2. In § 622.193, revise paragraph (d) to
read as follows:
■
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
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(d) Red grouper—(1) Commercial
sector. (i) If commercial landings for red
grouper, as estimated by the SRD, reach
or are projected to reach the commercial
ACL, specified in paragraph (d)(1)(iii) of
this section, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the remainder of the fishing
year. On and after the effective date of
such a notification, all sale or purchase
of red grouper is prohibited and harvest
or possession of red grouper 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 the commercial landings for red
grouper, as estimated by the SRD,
exceed the commercial ACL, specified
in paragraph (d)(1)(iii) of this section,
and the combined commercial and
recreational ACL, specified in paragraph
(d)(3) of this section, is exceeded during
the same fishing year, and the species 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 commercial ACL in the
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(iii) The commercial ACL for red
grouper is 61,160 lb (27,742 kg), round
weight, for 2018; 66,000 lb (29,937 kg),
round weight, for 2019; and 71,280 lb
(32,332 kg), round weight, for 2020 and
subsequent fishing years.
(2) Recreational sector. (i) If
recreational landings for red grouper, as
estimated by the SRD, are projected to
reach the recreational ACL, 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 regardless if the stock is overfished,
unless NMFS determines that no closure
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is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for red
grouper in or from the South Atlantic
EEZ are zero.
(ii) The recreational ACL for red
grouper is 77,840 lb (35,308 kg), round
weight, for 2018; 84,000 lb (38,102 kg),
round weight, for 2019; and 90,720 lb
(41,150 kg), round weight, for 2020 and
subsequent fishing years.
(iii) If recreational landings for red
grouper, as estimated by the SRD,
exceed the recreational ACL, specified
in paragraph (d)(2)(i) of this section,
then during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL,
specified in paragraph (d)(3) of this
section, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational season and recreational
ACL is necessary. When the recreational
sector is closed as a result of NMFS
reducing the length of the recreational
fishing season and ACL, the bag and
possession limits for red grouper in or
from the South Atlantic EEZ are zero.
(3) The combined commercial and
recreational ACL for red grouper is
139,000 lb (63,049 kg), round weight, for
2018; 150,000 lb (68,039 kg), round
weight, for 2019; and 162,000 lb (73,482
kg), round weight, for 2020 and
subsequent fishing years.
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; correction.
[Docket No. 180205126–8126–01]
This action corrects an error
in the Advanced Notice of Proposed
Rulemaking that set a control date for
the Northeast Multispecies charter/party
fishery. This action is necessary because
the document provided an incorrect
internet address for submission of
electronic comments. This action is
intended to provide the correct internet
address to ensure the public can easily
access the online rulemaking portal.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0042 by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/docket?D=NOAA–
NMFS–2018–0042, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Northeast Multispecies Charter/Party
Control Date.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, 978–281–9232.
SUPPLEMENTARY INFORMATION:
RIN 0648–BH66
Need for Correction
[FR Doc. 2018–06633 Filed 4–2–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Control Date for the Northeast
Multispecies Charter/Party Fishery;
Northeast Multispecies Fishery
Management Plan; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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SUMMARY:
On March 19, 2018, we published an
Advanced Notice of Proposed
Rulemaking to set a new control date for
the Northeast Multispecies charter/party
fishery (83 FR 11952). The internet
address to the Federal e-Rulemaking
Portal provided in the ADDRESSES
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]]>Agencies
[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14234-14236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06633]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 171222999-8208-01]
RIN 0648-BH46
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated
Framework Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Abbreviated Framework Amendment 1 (Abbreviated Framework 1) to the
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the
South Atlantic Region, as prepared and submitted by the South Atlantic
Fishery Management Council (Council). If implemented, this proposed
rule would reduce the commercial and recreational annual catch limits
(ACLs) for red grouper in the exclusive economic zone (EEZ) of the
South Atlantic. The purpose of the proposed rule is to address the
overfishing of red grouper.
DATES: Written comments must be received by May 3, 2018.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2017-0162'' by any of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0162, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Frank Helies, NMFS
Southeast Regional Office, 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), 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 Abbreviated Framework 1, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/red_grouper_framework/.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS SERO, telephone:
727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the FMP and includes red grouper,
along with other snapper-grouper species. The FMP was prepared by the
Council and is implemented by NMFS through regulations at 50 CFR part
622 under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). All weights described in
this proposed rule are in round weight.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks to ensure
that fishery resources are managed for the greatest overall benefit to
the nation.
In 2010, NMFS determined that the South Atlantic red grouper stock
was undergoing overfishing and was overfished following a stock
assessment (Southeast Data, Assessment, and Review (SEDAR) 19). Through
Amendment 24 to the FMP, the Council and NMFS implemented a 10-year
rebuilding plan in 2011, with a projected end date of 2020, which was
[[Page 14235]]
expected to end overfishing and rebuild the stock (77 FR 34254; June
11, 2012).
In February 2017, a standard stock assessment for red grouper was
completed (SEDAR 53). Based on the results of SEDAR 53, NMFS notified
the Council on September 27, 2017, that the red grouper stock is
overfished, is undergoing overfishing, and is not making adequate
rebuilding progress according to its rebuilding plan. Based on
projections from SEDAR 53, the Council's Scientific and Statistical
Committee (SSC) provided an acceptable biological catch (ABC)
recommendation to the Council. The Council accepted that ABC
recommendation, and then revised the red grouper ACLs in Abbreviated
Framework 1.
In addition to this current rulemaking for Abbreviated Framework 1,
the Council and NMFS are developing a new red grouper rebuilding plan
through Amendment 42 to the FMP (Amendment 42). The Council is also
considering changes to red grouper management measures through
Regulatory Amendments 26 and 27 to the Snapper-Grouper FMP. NMFS and
the Council intend to implement Abbreviated Framework 1 to reduce the
sector ACLs below the overfishing limit to address overfishing while
Amendment 42, Regulatory Amendment 26, and Regulatory Amendment 27 are
developed and implemented.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the ACLs for South Atlantic red
grouper for both the commercial and recreational sectors. The current
total ACL (commercial and recreational ACL combined) is 780,000 lb
(353,802 kg). The total ACL is divided into a commercial sector ACL of
343,200 lb (155,673 kg) and a recreational sector ACL of 436,800 lb
(198,129 kg). The ACLs are based on the sector allocation ratio
developed by the Council for red grouper (44 percent commercial and 56
percent recreational) established in Amendment 24 (77 FR 34254; June
11, 2012).
Consistent with the results of SEDAR 53 and the ABC recommendation
from the SSC accepted by the Council, this proposed rule would reduce
the total, commercial, and recreational ACLs. The commercial ACL would
be set at 61,160 lb (27,742 kg), for 2018, 66,000 lb (29,937 kg), for
2019, and 71,280 lb (32,332 kg), for 2020 and subsequent fishing years.
The recreational ACL would be set at 77,840 lb (35,308 kg), for 2018,
84,000 lb (38,102 kg), for 2019, and 90,720 lb (41,150 kg), for 2020
and subsequent fishing years. The total ACL would be set at 139,000 lb
(63,049 kg) for 2018, 150,000 lb (68,039 kg) for 2019, and 162,000 lb
(73,482 kg) for 2020 and subsequent fishing years. The total ACLs are
equal to the SSC's ABC recommendation, and this proposed rule does not
change the sector allocations.
As a result of the proposed ACLs being set lower than the
overfishing limit (at the yield at 75 percent FMSY), the
Council expects overfishing of red grouper may end immediately upon
implementation of the rule. For the last several years, commercial
landings have averaged 50,204 lb (22,772 kg), which is less than the
commercial ACL proposed in Abbreviated Framework 1. The recreational
landings have been highly variable since 2012, and using the average
recreational landings from 2014-2016, the proposed lower ACL for the
recreational sector is predicted to result in a shortened recreational
fishing season, with closure dates ranging from July 26 to August 19.
If the red grouper stock experiences a year of high recruitment, the
proposed lower ACLs would constrain future recreational and commercial
harvest and prevent overfishing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with Abbreviated Framework 1, the FMP, the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under E.O.
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows:
A description of the proposed rule, why it is being considered, and
the objectives of, and legal basis for this proposed rule are contained
at the beginning of this section in the preamble and in the SUMMARY
section of the preamble. The Magnuson-Stevens Act provides the
statutory basis for this rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting, record-keeping, or other compliance requirements are
introduced by this proposed rule. Accordingly, this proposed rule does
not implicate the Paperwork Reduction Act.
This proposed rule would reduce the total, commercial, and
recreational ACLs for South Atlantic red grouper. Because the RFA does
not apply to recreational anglers, only the effects on commercial
vessels were analyzed; any impact to the profitability or
competitiveness of for-hire fishing businesses would be the result of
changes in for-hire angler demand and would, therefore, be indirect in
nature. The RFA does not consider indirect impacts.
This proposed rule would directly affect only federally permitted
commercial snapper-grouper fishermen fishing for red grouper in the
South Atlantic. As described in Abbreviated Framework 1, the revised
commercial ACLs would be 61,160 lb (27,742 kg) for 2018, 66,000 lb
(29,937 kg) for 2019, and 71,280 lb (32,332 kg) for 2020 and beyond.
Commercial landings of South Atlantic red grouper have been decreasing,
particular in the last five years (2012-2016), with projected 2017
landings of approximately 35,000 lb (15,875 kg). If this trend
continues or levels off, the likelihood of reaching the proposed
commercial ACL in 2018 and beyond would be very low. In the unlikely
event that commercial landings increase in 2018 and beyond as to reach
the proposed commercial ACLs, the effects of the commercial ACL
reduction would be relatively small because only approximately 2.7
percent of total commercial snapper-grouper vessel revenues have
historically been derived from red grouper.
The information provided above supports a determination that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Because this proposed rule, if
implemented, is not expected to have a significant economic impact on
any small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Overfishing, Recreational, Red
grouper, South Atlantic.
Dated: March 28, 2018.
Alan D. Risenhoover,
Acting 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:
[[Page 14236]]
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: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.193, revise paragraph (d) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(d) Red grouper--(1) Commercial sector. (i) If commercial landings
for red grouper, as estimated by the SRD, reach or are projected to
reach the commercial ACL, specified in paragraph (d)(1)(iii) of this
section, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the
fishing year. On and after the effective date of such a notification,
all sale or purchase of red grouper is prohibited and harvest or
possession of red grouper 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 the commercial landings for red grouper, as estimated by
the SRD, exceed the commercial ACL, specified in paragraph (d)(1)(iii)
of this section, and the combined commercial and recreational ACL,
specified in paragraph (d)(3) of this section, is exceeded during the
same fishing year, and the species 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
commercial ACL in the following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(iii) The commercial ACL for red grouper is 61,160 lb (27,742 kg),
round weight, for 2018; 66,000 lb (29,937 kg), round weight, for 2019;
and 71,280 lb (32,332 kg), round weight, for 2020 and subsequent
fishing years.
(2) Recreational sector. (i) If recreational landings for red
grouper, as estimated by the SRD, are projected to reach the
recreational ACL, 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 regardless if the stock is overfished, unless NMFS
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 for red grouper in or from
the South Atlantic EEZ are zero.
(ii) The recreational ACL for red grouper is 77,840 lb (35,308 kg),
round weight, for 2018; 84,000 lb (38,102 kg), round weight, for 2019;
and 90,720 lb (41,150 kg), round weight, for 2020 and subsequent
fishing years.
(iii) If recreational landings for red grouper, as estimated by the
SRD, exceed the recreational ACL, specified in paragraph (d)(2)(i) of
this section, then during the following fishing year recreational
landings will be monitored for a persistence in increased landings, and
if necessary, the AA will file a notification with the Office of the
Federal Register to reduce the length of the recreational fishing
season and the recreational ACL by the amount of the recreational ACL
overage, if the species is overfished based on the most recent Status
of U.S. Fisheries Report to Congress, and if the combined commercial
and recreational ACL, specified in paragraph (d)(3) of this section, is
exceeded during the same fishing year. The AA will use the best
scientific information available to determine if reducing the length of
the recreational season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for red grouper in or from the South Atlantic EEZ are zero.
(3) The combined commercial and recreational ACL for red grouper is
139,000 lb (63,049 kg), round weight, for 2018; 150,000 lb (68,039 kg),
round weight, for 2019; and 162,000 lb (73,482 kg), round weight, for
2020 and subsequent fishing years.
* * * * *
[FR Doc. 2018-06633 Filed 4-2-18; 8:45 am]
BILLING CODE 3510-22-P
