Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 27, 55531-55539 [2019-22197]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Proposed Rules
Species Act (ESA). We will also hold
three public hearings related to our
proposed rule to revise the critical
habitat designation for the Southern
Resident killer whale DPS (Orcinus
orca) under the ESA. Three of the public
hearings will be joint hearings that
address both of these proposed rules.
DATES: Public hearings will be held from
4 to 7 p.m. (local time) on the following
dates: November 4, 2019, in Santa Cruz,
California; November 5, 2019, in
Newport, Oregon; November 6, 2019, in
Seattle, Washington; November 7, 2019,
in Juneau, Alaska; and December 3,
2019, in Anchorage, Alaska.
ADDRESSES: The November 4th hearing
will be held in conference Room 188 at
the NMFS Southwest Fisheries Science
Center, Santa Cruz Laboratory on the
University of California Santa Cruz’s
Coastal Science Campus, 110 McAllister
Way, Santa Cruz, CA 95060.
The November 5th hearing will be
held in the Hennings Auditorium at the
Hatfield Marine Science Center Visitor
Center, 2030 SE Marine Science Drive,
Newport, OR 97365.
The November 6th hearing will be
held in the Alder Auditorium at the
University of Washington, 1310 NE 40th
Street, Seattle, WA 98105. (The
auditorium entrance is located on NE
40th Street between Brooklyn Avenue
NE and University Way NE.)
The November 7th hearing will be
held in the Egan Lecture Hall (Room
112), University of Alaska Southeast,
11066 Auke Lake Way, Juneau, Alaska
99801.
The December 3rd hearing will be
held in the Wilda Marston Theater in
Z.J. Loussac Public Library, 3600 Denali
St., Anchorage, AK 99503.
FOR FURTHER INFORMATION CONTACT: Lisa
Manning, NMFS, Office of Protected
Resources 301–427–8466; or Nancy
Young, NMFS West Coast Region, 206–
526–4297.
SUPPLEMENTARY INFORMATION:
Background
On September 19, 2019, we published
a proposed rule to revise existing
critical habitat for endangered Southern
Resident killer whales (84 FR 49214)
under the ESA. This rule proposes to
revise the critical habitat by designating
six new marine areas along the U.S.
West Coast. The specific new areas
proposed for designation extend along
the U.S. West Coast from the U.S.
international border with Canada, south
to Point Sur, California. Based on
consideration of national security
impacts, we are proposing to exclude
from the designation one area off the
coast of Washington. We are soliciting
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public comment on this proposed rule
through December 18, 2019.
On October 9, 2019, we published a
proposed rule to designate critical
habitat for the endangered Western
North Pacific DPS, the endangered
Central America DPS, and the
threatened Mexico DPS of humpback
whales under the ESA (84 FR 54354).
Areas proposed as critical habitat
include specific marine areas located off
the coasts of California, Oregon,
Washington, and Alaska. Based on
consideration of national security and
economic impacts, we are also
proposing to exclude multiple areas
from the designation for each DPS. We
are soliciting comments on the proposed
humpback whale critical habitat
designations through December 9, 2019.
Public Hearings
Each of the public hearings will be
conducted in the same manner. The
hearings will begin with a brief
presentation by NMFS that gives an
overview of critical habitat under the
ESA and a summary of the relevant
proposed critical habitat designation(s).
Following the presentation, members of
the public will have the opportunity to
provide oral comments on the record
regarding the proposed designations.
Members of the public will also have
the opportunity to submit written
comments at the hearing. Written
comments may also be submitted at any
time during the relevant public
comment period via the Federal eRulemaking Portal. To do the latter, go
to www.regulations.gov; and for
Southern Resident killer whale critical
habitat search on the docket ID
‘‘NOAA–NMFS–2014–0041’’; for
humpback whale critical habitat search
on docket ID ‘‘NOAA–NMFS–2019–
0066’’; click the ‘‘Comment Now!’’ icon;
then complete the required fields and
enter or attach your comments. Note
that 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 commenter 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.
Reasonable Accommodations
People needing accommodations so
that they may attend and participate at
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the public hearings should submit a
request for reasonable accommodations
as soon as possible, and no later than 7
business days prior to the hearing date,
by contacting Lisa Manning or Nancy
Young (see FOR FURTHER INFORMATION
CONTACT).
Authority: 16 U.S.C. 1531 et seq.
Dated: October 9, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–22445 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 191004–0056]
RIN 0648–BI32
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 27
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
Vision Blueprint Commercial
Regulatory Amendment 27 (Regulatory
Amendment 27) to the Fishery
Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region (Snapper-Grouper
FMP), as prepared and submitted by the
South Atlantic Fishery Management
Council (Council). If implemented, this
proposed rule would modify
commercial fishing seasons, trip limits,
and minimum size limits for selected
snapper-grouper species in the South
Atlantic exclusive economic zone (EEZ).
The purpose of this proposed rule is to
improve equitable access for
commercial fishermen in the snappergrouper fishery, minimize discards to
the extent practicable, and improve
marketability within the snappergrouper fishery.
DATES: Written comments on the
proposed rule must be received by
November 18, 2019.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2019–0059,’’ by either
of the following methods:
SUMMARY:
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Proposed Rules
• Electronic submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov/docket?D=NOAANMFS-2019-0059, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit written comments to
Mary Vara, 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, 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 27 may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
regulatory-amendment-27-visionblueprint-commercial-measures
includes an environmental assessment,
regulatory impact review, and Initial
Regulatory Flexibility Analysis (IRFA).
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic region is managed under the
Snapper-Grouper FMP and includes
blueline tilefish, snowy grouper, greater
amberjack, red porgy, vermilion
snapper, almaco jack, other jacks
complex (lesser amberjack, almaco jack,
and banded rudderfish), queen snapper,
silk snapper, blackfin snapper, and gray
triggerfish, along with other snappergrouper species. The Snapper-Grouper
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).
Background
During a series of stakeholder
meetings in 2014, the Council gathered
input from commercial fishermen
throughout the South Atlantic region to
develop a long-term strategic plan for
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managing the snapper-grouper fishery.
Based on that input, the Council
developed the 2016–2020 Vision
Blueprint for the Snapper-Grouper
Fishery (Vision Blueprint). The Vision
Blueprint identified the goals,
objectives, strategies, and actions that
support the Council’s vision for the
snapper-grouper fishery and centers
around four goal areas: Science,
Management, Communication, and
Governance. In 2015, the Council
prioritized action items in the Vision
Blueprint that would be addressed
through amendments to the SnapperGrouper FMP over the next 5 years. As
part of this prioritization, the Council
chose to focus on actions that would
address the seasonality of access to
certain snapper-grouper species and
measures to lengthen fishing seasons to
better utilize existing annual catch
limits (ACLs) in the snapper-grouper
fishery. To accomplish this, the Council
began development of two regulatory
amendments to the Snapper-Grouper
FMP to address the commercial and
recreational sectors, respectively.
Regulatory Amendment 27 includes
modifications to the commercial sector
management measures in the snappergrouper fishery based on stakeholder
input. The purpose of Regulatory
Amendment 27 is to enable equitable
access for commercial fishermen
participating in the snapper-grouper
fishery, and to minimize discards to the
extent practicable, while improving
marketability for some snapper-grouper
species. Vision Blueprint Recreational
Regulatory Amendment 26 to the
Snapper-Grouper FMP, which would
revise recreational management
measures in the fishery, has been
submitted to NMFS by the Council, and
NMFS is developing a proposed rule.
Management Measures Contained in
This Proposed Rule
This proposed rule would modify the
commercial trip limits for blueline
tilefish, greater amberjack, red porgy,
and vermilion snapper; establish
commercial split seasons for snowy
grouper, greater amberjack, and red
porgy; and establish a commercial trip
limit for the other jacks complex. For
the commercial sector, this proposed
rule would also establish a minimum
size limit for almaco jack, remove the
minimum size limits for silk snapper,
queen snapper, and blackfin snapper,
and reduce the minimum size limit for
gray triggerfish in the EEZ off the east
coast of Florida. The management
measures in this proposed rule would
apply on board a vessel for which a
Federal commercial permit for South
Atlantic snapper-grouper has been
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issued. Unless otherwise noted, all
weights in this proposed rule are
described in gutted weight.
Commercial Trip Limit for Blueline
Tilefish
Currently, the commercial trip limit
for blueline tilefish is 300 lb (136 kg)
during the January through December
fishing year. In Regulatory Amendment
27, the Council determined that
management measures for blueline
tilefish should be more consistent with
snowy grouper management measures
since the two species co-occur in parts
of the Council’s jurisdiction. Blueline
tilefish and snowy grouper are both
target species for fishermen north of
Cape Hatteras, North Carolina, but
access to these species in that area is
limited early in the fishing year (during
January through May) as a result of poor
weather conditions. However, blueline
tilefish are mostly an incidental catch
during commercial harvest of snowy
grouper occurring south of Cape
Hatteras, North Carolina, through
approximately Cape Canaveral, Florida.
South of Cape Hatteras, commercial
fishermen targeting snowy grouper tend
to continue fishing for blueline tilefish
after they have reached their snowy
grouper trip limit and they report that
this practice results in increased
discards of snowy grouper. Access to
the blueline tilefish by the commercial
sector has been further limited over the
past few years, because the commercial
sector for blueline tilefish has closed
before the end of the fishing year as a
result of reaching the commercial quota.
This proposed rule would modify the
300-lb (136-kg) commercial trip limit for
blueline tilefish throughout the South
Atlantic EEZ. During January 1 through
April 30 each year, the commercial trip
limit would be reduced to 100 lb (45
kg), and during May 1 through
December 31 each year, the commercial
trip limit would continue to be 300 lb
(136 kg). The Council determined that a
lower 100-lb (45-kg) commercial trip
limit of blueline tilefish each year from
January through April would help
reduce snowy grouper discards by
commercial fishermen operating south
of Cape Hatteras, North Carolina,
because the commercial trip limit for
blueline tilefish would be met more
quickly on a trip. This proposed rule
would maintain the current 300-lb (136kg) trip limit for blueline tilefish from
May through December when good
weather conditions are more likely to
allow commercial fishermen in the
northern portion of the Council’s area of
jurisdiction to have greater access to the
resource and optimize their harvest
through an extended fishing season.
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Commercial Split Season for Snowy
Grouper
During the Council’s development of
the Vision Blueprint, stakeholders
requested that the Council address
regional differences in access to the
snapper-grouper resource, including
snowy grouper, and implement
management approaches that would
minimize discards. Commercial
fishermen and other stakeholders
notified the Council to an increase in
snowy grouper discards when fishermen
attempt to harvest the commercial trip
limit of blueline tilefish, a co-occurring
species, after reaching the commercial
trip limit for snowy grouper. In
addition, stakeholders stated the
importance of snowy grouper in the
commercial market during the early
months of the year (January through
April), when the harvest of shallowwater groupers is closed. Currently, the
fishing year for snowy grouper is
January 1 through December 31 and
there is a single fishing season to
harvest the commercial ACL (equivalent
to the commercial quota) of 153,935 lb
(69,824 kg), gutted weight, or 181,644 lb
(82,392 kg), round weight.
After reviewing stakeholder input, the
Council determined that allocating the
majority (70 percent) of the commercial
quota to a January through June fishing
season would ensure availability of
snowy grouper when it is most valuable
at the market and optimize access to this
species for the majority of commercial
fishermen in the South Atlantic. The
Council also decided that allocating 30
percent of the commercial quota of
snowy grouper for a July through
December fishing season allows for the
incidental harvest of snowy grouper
when North Carolina commercial
fishermen are targeting blueline tilefish.
The Council determined that the longer
grouper species are available in the
marketplace, the more this benefits
fishermen and communities in the
South Atlantic.
This proposed rule would establish
two commercial fishing seasons for
snowy grouper of January 1 through
June 30 (Season 1) and July 1 through
December 31 (Season 2) within the
current fishing year. This proposed rule
would allocate the commercial quotas as
70 percent to Season 1, 107,754 lb
(48,876 kg), and 30 percent to Season 2,
46,181 lb (20,947 kg). Any remaining
commercial quota from Season 1 would
be transferred to Season 2. Any
remaining commercial quota from
Season 2 would not be carried forward
into the next fishing year.
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Commercial Split Season and Trip Limit
for Greater Amberjack
Currently, the commercial ACL
(equivalent to the commercial quota) for
greater amberjack is 769,388 lb (348,989
kg), the fishing year is March 1 through
the end of February, and the commercial
trip limit is 1,200 lb (544 kg) and
applies in either round or gutted weight.
During April of each year, the
commercial harvest and possession
limit for greater amberjack (equivalent
to a commercial trip limit) is one fish
per person per day or one fish per
person per trip, whichever is more
restrictive. Also during April each year,
the sale and purchase of greater
amberjack in or from the South Atlantic
EEZ is prohibited on board a vessel for
which a Federal commercial permit for
South Atlantic snapper-grouper has
been issued.
During the development of Regulatory
Amendment 27, the Council determined
that recent commercial harvests of
yellowtail snapper have influenced the
commercial harvest of greater
amberjack. In 2017 and 2018, the
commercial sector for yellowtail
snapper closed 2 months prior to the
end of that species’ fishing year. The
early closures of commercial yellowtail
snapper resulted in commercial
fishermen in Florida targeting greater
amberjack more heavily, leading to
earlier commercial closures of greater
amberjack and price fluctuations that
affect resource users throughout the
South Atlantic. The Council expects
that dividing the commercial quota for
South Atlantic greater amberjack
between two seasons and reducing the
commercial trip limit for the latter half
of the fishing year would lengthen the
greater amberjack commercial season
and allow for a more equitable
distribution and price stability of the
greater amberjack resource throughout
the South Atlantic.
Regulatory Amendment 27 and this
proposed rule would specify two
commercial fishing seasons for greater
amberjack. The two seasons would be
March 1 through August 31 (Season 1)
and September 1 through the end of
February (Season 2). The commercial
quotas would be allocated as 60 percent
to Season 1, 461,633 lb (209,393 kg),
and 40 percent to Season 2, 307,755 lb
(139,595 kg). Any remaining
commercial quota from Season 1 would
be added to the commercial quota in
Season 2. Any remaining quota from
Season 2 would not be carried forward
into the next fishing year.
Additionally, Regulatory Amendment
27 and this proposed rule would modify
the commercial trip limit for greater
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amberjack. During Season 1, the
commercial trip limit would be 1,200 lb
(544 kg) in round or gutted weight, and
during Season 2, the commercial trip
limit would be 1,000 lb (454 kg) in
round or gutted weight. However,
during April each year, the commercial
sale and purchase of greater amberjack
would continue to be prohibited, and
the harvest and possession limit would
continue to be one fish per person per
day or one fish per person per trip,
whichever is more restrictive.
Commercial Split Season and Trip Limit
for Red Porgy
Currently, the fishing year for red
porgy is January 1 through December 31,
and the commercial ACL (equivalent to
the commercial quota) is 157,692 lb
(71,528 kg), gutted weight, or 164,000 lb
(74,389 kg), round weight. During
January through April each year, the
commercial sale and purchase of red
porgy is prohibited on board a vessel for
which a Federal commercial permit for
South Atlantic snapper-grouper has
been issued, and the commercial harvest
and possession limit for red porgy
(equivalent to a commercial trip limit) is
three fish per person per day or three
fish per person per trip, whichever is
more restrictive. The commercial trip
limit for red porgy is 120 fish from May
1 through December 31.
In the South Atlantic, red porgy
spawn from January through May and
spawning activity peaks from January
through March. The current January
through April prohibition on sale and
purchase of red porgy and restrictive
harvest and possession limit
encompasses the majority of the
spawning season, and provides direct
benefits to the stock by reducing fishing
pressure on the spawning stock.
However, during January through April
commercial fishermen target two cooccurring species, vermilion snapper
and gray triggerfish, while reporting
discards of red porgy. Therefore, these
discards of red porgy reduce the benefits
of a spawning season closure for the
stock when commercial fishermen target
other co-occurring species. The Council
determined that a commercial trip limit
of 60 fish and a lower portion of the
commercial quota during January
through April would continue to
constrain harvest to protect spawning
fish, while allowing commercial
fishermen to retain a sufficient amount
of red porgy when targeting cooccurring species, thereby reducing
discards of red porgy.
Regulatory Amendment 27 and this
proposed rule would establish two
commercial fishing seasons for red
porgy. The first season would be
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January 1 through April 30 (Season 1),
and the second season would be May 1
through December 31 (Season 2). The
current fishing year would not change.
The commercial quotas would be
allocated as 30 percent to Season 1,
47,308 lb (21,459 kg) gutted weight,
49,200 lb (22,317 kg), round weight; and
70 percent to Season 2, 110,384 lb
(50,069 kg) gutted weight, 114,800 lb
(52,072 kg), round weight. Any
remaining commercial quota from
Season 1 would be added to the
commercial quota in Season 2. Any
remaining quota from Season 2 would
not be carried forward into the next
fishing year. The proposed rule would
remove the current commercial sale and
purchase prohibition and the possession
limit of three fish per person per day or
three fish per person per trip, whichever
is more restrictive, during January 1
through April 30.
Additionally, Regulatory Amendment
27 and this proposed rule would modify
the commercial trip limits for red porgy
during the Season 1 to be 60 fish.
During Season 2, the commercial trip
limit for red porgy would continue to be
120 fish.
Commercial Trip Limit for Vermilion
Snapper
Currently, the commercial fishing
year for vermilion snapper is from
January 1 through December 31. The
commercial ACL (equivalent to the
commercial quota) is divided equally
between two commercial fishing
seasons as January 1 through June 30
(Season 1) and July 1 through December
31 (Season 2). Any remaining
commercial quota from Season 1 is
added to the commercial quota for
Season 2. Any remaining commercial
quota from Season 2 is not carried
forward into the next fishing year.
During both Season 1 and Season 2, the
commercial trip limit for vermilion
snapper is 1,000 lb (454 kg).
Additionally, if NMFS estimates that 75
percent of the vermilion snapper
commercial quota during either season
is met or is projected to be met, NMFS
will publish a notice in the Federal
Register to reduce the commercial trip
limit to 500 lb (227 kg).
Fishermen requested that the Council
consider reducing the commercial trip
limit in Season 2, as many more
snapper-grouper species are available
for harvest during that time and a
reduced commercial trip limit would be
expected to extend the fishing season
for vermilion snapper. In addition,
Abbreviated Framework Amendment 2
to the Snapper-Grouper FMP was
recently implemented (84 FR 14021,
April 9, 2019) that increased the total
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ACL for vermilion snapper based on the
results of the latest stock assessment in
2018. Therefore, the Council determined
that there is no longer a need to have a
trip limit reduction for vermilion
snapper. Also, as described in
Regulatory Amendment 27, maintaining
the current commercial trip limit would
ensure economic profitability and
efficient use of the vermilion snapper
resource.
Regulatory Amendment 27 and this
proposed rule would remove the trip
limit reduction for vermilion snapper
from both seasons but retain the 1,000
lb (454 kg) commercial trip limit. Any
remaining commercial quota from
Season 1 would continue to be added to
the commercial quota for Season 2, and
any remaining commercial quota from
Season 2 would not be carried forward
into the next fishing year.
Minimum Size Limit for Almaco Jack
There is currently no commercial
minimum size limit for almaco jack.
This proposed rule would establish a
commercial minimum size limit of 20
inches (50.8 cm), fork length (FL), in the
South Atlantic EEZ. Fishermen with
Federal commercial permits for South
Atlantic snapper-grouper reported their
concerns to the Council about the small
size, and resulting poor commercial
value, of some of the almaco jack being
landed. The minimum size limit for the
commercial sector of 20 inches (50.8
cm), FL, would allow more individual
almaco jack to reach reproductive
activity before being susceptible to
harvest, and is projected to increase the
average size and the corresponding
average weight of fish harvested.
Commercial Trip Limit for the Other
Jacks Complex
Currently, there is not a commercial
trip limit for species in the other jacks
complex, which includes lesser
amberjack, almaco jack, and banded
rudderfish. Regulatory Amendment 27
and this proposed rule would establish
a commercial trip limit for the other
jacks complex of 500 lb (227 kg). In
2014, stakeholders told the Council that
almaco jack, which typically dominate
commercial landings of species in the
other jacks complex, are an incidental
catch on trips targeting vermilion
snapper. The Council determined that
commercial fishermen would benefit
from being able to profit from those
incidental catches of almaco jack if they
were to achieve a higher price per fish,
since the market value of almaco jack
(and the other species in the other jacks
complex) is increasing. Because the
commercial sector for the other jacks
complex has historically closed before
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the end of the fishing year, fishermen
told the Council that a 500-lb (227-kg)
commercial trip limit for the other jacks
complex would still allow them to make
a profitable trip, and the proposed
commercial trip limit would enable
fishermen to have the added benefit of
an extended commercial season for the
other jacks complex. In addition,
Council members noted that banded
rudderfish are commercially important
in the springtime, particularly in April
when the commercial harvest of greater
amberjack is closed. Although some
commercial trips can land over 1,000 lb
(454 kg) of banded rudderfish during
certain times of the year, the Council
determined it would be more equitable
for commercial fishermen, and better for
the long-term sustainability of the other
jacks complex resource, to establish a
500-lb (227-kg) commercial trip limit for
this species complex.
Minimum Size Limit for Queen Snapper,
Silk Snapper, and Blackfin Snapper
Queen snapper, silk snapper, and
blackfin snapper are part of the deepwater complex. Currently, the
commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper is 12 inches (30.5 cm)
total length (TL), but the remaining
species in the deep-water complex do
not have a specified minimum size limit
requirement. The 12-inch (30.5-cm) TL
commercial minimum size limit was
implemented for queen snapper,
blackfin snapper, and silk snapper early
in the management of the snappergrouper fishery, before estimates of
discard mortality were available, and
before the creation of the various
species complexes by the Council. All of
the species in the deep-water complex
(yellowedge grouper, silk snapper, misty
grouper, queen snapper, sand tilefish,
and blackfin snapper) are typically
associated with a high discard mortality.
The Council determined that removing
the commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper would reduce discards
and discard mortality for these species.
Therefore, Regulatory Amendment 27
and this proposed rule would remove
the commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper.
Minimum Size Limit for Gray Triggerfish
The current commercial minimum
size limit for gray triggerfish in the
South Atlantic EEZ is 14 inches (35.6
cm) FL off the east coast of Florida and
12 inches (30.5 cm) FL off North
Carolina, South Carolina, and Georgia.
Regulatory Amendment 27 and this
proposed rule would reduce the
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commercial minimum size limit to 12
inches (30.5 cm) FL in the EEZ off the
east coast of Florida. In 2015, the 12inch (30.5-cm) FL commercial minimum
size limit was implemented for gray
triggerfish in the EEZ off North Carolina,
South Carolina, and Georgia, and a
commercial minimum size limit of 14
inches (35.6 cm) FL was implemented
in the EEZ off the east coast of Florida
(80 FR 30947, June 1, 2015). This was
a precautionary action taken by the
Council in response to their concerns
about the status of the South Atlantic
gray triggerfish stock, to align Federal
regulations off the east coast of Florida
with those in the Gulf of Mexico, and
achieve consistency between state and
Federal regulations off the east coast of
Florida. However, after the commercial
minimum size limit went into effect on
July 1, 2015, stakeholders in Florida
expressed concern to the Florida Fish
and Wildlife Conservation Commission
(FWC) regarding increasing discards of
gray triggerfish in south Florida where
the average size of gray triggerfish is less
than that off northeast Florida. In
response to that concern, the FWC
reduced the recreational minimum size
limit of gray triggerfish in state waters
to 12 inches (30.5 cm) FL in 2017, and
requested that the Council develop
consistent size limit regulations in
Federal waters for gray triggerfish.
Therefore, reducing the commercial
minimum size limit to 12 inches (30.5
cm) FL would make these state and
Federal regulations for gray triggerfish
consistent off the east coast of Florida,
off the other South Atlantic states, and
in Federal waters throughout the
Council’s jurisdiction.
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 27, the
Snapper-Grouper FMP, other provisions
of the Magnuson-Stevens Act, and other
applicable laws, 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 expected to be an Executive
Order 13771 deregulatory action.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified.
NMFS prepared an initial regulatory
flexibility analysis (IRFA) for this
proposed rule, as required by section
603 of the RFA, 5 U.S.C. 603. The IRFA
describes the economic impact this
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proposed rule, if adopted, would have
on small entities. A description of this
proposed rule, why it is being
considered, and the purposes of this
proposed rule are contained in the
preamble and in the SUMMARY section of
the preamble. A copy of the full analysis
is available from NMFS (see
ADDRESSES). A summary of the IRFA
follows.
The objective of this proposed rule is
to improve management of the
commercial sector of the snappergrouper fishery to better achieve
optimum yield, while minimizing, to
the extent practicable, the adverse socioeconomic effects of regulations on
commercial fishing entities in the South
Atlantic.
This proposed rule, if implemented,
would make the following changes to
the regulations for the commercial
snapper-grouper fishing industry in the
South Atlantic region. This proposed
rule would reduce the commercial trip
limit for blueline tilefish from 300 lb
(136 kg) to 100 lb (45 kg) from January
1 through April 30. For snowy grouper,
this proposed rule would establish two
commercial fishing seasons of January 1
through June 30 (Season 1) and July 1
through December 31 (Season 2), rather
than a single season within the fishing
year, allocate 70 percent of the
commercial quota to Season 1 and 30
percent to Season 2, and transfer any
remaining commercial quota from
Season 1 to Season 2 only. For greater
amberjack, this proposed rule would
establish two commercial fishing
seasons of March 1 through August 31
(Season 1) and September 1 through the
end of February (Season 2), rather than
a single season within the March
through February fishing year; allocate
60 percent of the commercial quota to
Season 1 and 40 percent to Season 2,
and add any remaining commercial
quota from Season 1 to Season 2 only;
and reduce the commercial trip limit
from 1,200 lb (545 kg) in round or
gutted weight to 1,000 lb (454 kg) in
round or gutted weight for Season 2. For
red porgy, this proposed rule would
remove the sale and purchase
prohibition, and the possession limit of
three fish per person per day or three
fish per person per trip during January
1 to April 30 each year; specify two
commercial fishing seasons for red
porgy of January 1 through April 30
(Season 1) and May 1 through December
31 (Season 2) within the fishing year;
allocate 30 percent of the commercial
quota to Season 1 and 70 percent to
Season 2; and establish a commercial
trip limit of 60 fish in Season 1. This
proposed rule would also remove the inseason reduction of the commercial trip
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limit in Season 1 and Season 2 for
vermilion snapper, establish a
commercial minimum size limit of 20
inches (50.8 cm) FL for almaco jack,
establish a commercial trip limit of 500
lb (227 kg) for the other jacks complex,
remove the 12-inch (30.5-cm) TL
commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper, and reduce the
commercial minimum size limit for gray
triggerfish from 14 inches (35.6 cm) to
12 inches (30.5 cm) FL in the EEZ off
the east coast of Florida. Therefore, this
proposed rule is expected to directly
regulate businesses that are active in the
commercial snapper-grouper fishing
industry.
As of August 17, 2018, the number of
vessels with a valid or renewable
Federal commercial permit for South
Atlantic snapper-grouper was 644,
composed of 536 transferable, unlimited
snapper-grouper permits and 108 nontransferable, 225-lb (102 kg) trip-limited
permits. With the exception of speciesspecific trip limits, there is no aggregate
snapper-grouper harvest limit per trip
for vessels with unlimited snappergrouper permits, while vessels with triplimited permits cannot harvest more
than 225 lb (102 kg) of all snappergrouper species per trip. On average,
only 584 vessels used their commercial
permits for harvesting purposes from
2012 through 2016. Some permit
holders retain their permits for
speculative or other non-harvesting
purposes. The majority of vessels
harvest multiple snapper-grouper
species. The proposed rule will only
directly regulate permit holders that
actually use their permits for harvesting
purposes. Therefore, it is expected that
approximately 584 vessels will be
directly regulated by this proposed rule.
Although NMFS started to collect
ownership data for businesses that
possess commercial snapper-grouper
permits in 2017, this data is currently
incomplete and historical data is not
available. Therefore, it is not currently
feasible to accurately determine
affiliations between these particular
businesses. As a result of the incomplete
ownership data, for purposes of this
analysis, it is assumed each of these
vessels is independently owned by a
single business, which is expected to
result in an overestimate of the actual
number of businesses directly regulated
by this proposed rule. Therefore, this
proposed rule is estimated to directly
regulate 584 businesses in the
commercial snapper-grouper fishing
industry.
All monetary estimates in the
following analysis are in 2016 dollars.
For vessels that were active in the
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snapper-grouper fishing industry from
2012 through 2016, average annual gross
revenue was approximately $44,000 per
vessel. Average annual net cash flow per
vessel was approximately $8,300 while
net revenue from operations was
approximately $2,000 per vessel. Net
revenue from operations is the best
available estimate of economic profit.
The Small Business Administration
has established size standards for all
major industry sectors in the U.S.
including commercial fishing
businesses. On December 29, 2015,
NMFS issued a final rule establishing a
small business size standard of $11
million in annual gross receipts
(revenue) for all businesses primarily
engaged in the commercial fishing
industry (NAICS code 11411) for RFA
compliance purposes only (80 FR
81194, December 29, 2015). In addition
to this gross revenue standard, a
business primarily involved in
commercial fishing is classified as a
small business if it is independently
owned and operated, and is not
dominant in it field of operations
(including its affiliates). The maximum
average annual gross revenue from 2012
through 2016 for a single vessel in the
commercial snapper-grouper fishing
industry was about $1.6 million. Based
on the information above, all businesses
directly regulated by this proposed rule
are determined to be small businesses
for the purpose of this analysis.
This proposed rule, if implemented,
would be expected to directly regulate
the 584 active vessels with commercial
permits in the South Atlantic snappergrouper fishery of the 644 vessels that
currently possess those permits. All
directly regulated businesses have been
determined, for the purpose of this
analysis, to be small entities. Based on
this information, the proposed rule is
expected to affect a substantial number
of small businesses.
The action to reduce the commercial
trip limit for blueline tilefish from 300
lb (136 kg) to 100 lb (45 kg) from
January 1 through April 30 is expected
to directly regulate approximately 134
vessels. These vessels’ average annual
gross revenues were $82,411 per vessel
from 2012 through 2016. Average
annual net revenue from operations for
these vessels was approximately 4
percent of their average annual gross
revenue from 2014 through 2016. Thus,
annual net revenue from operations
(economic profit) for these vessels is
estimated to be about $3,300 per vessel.
Average annual gross revenue per vessel
is expected to increase by about $13 per
year, which would result in an increase
in economic profit of about 0.4 percent
for these vessels.
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For snowy grouper, the action to
establish two commercial fishing
seasons of January 1 through June 30
(Season 1) and July 1 through December
31 (Season 2) rather than a single season
within the fishing year, allocate 70
percent of the commercial quota to
Season 1 and 30 percent to Season 2,
and to add any remaining commercial
quota from Season 1 to Season 2 only,
is expected to directly regulate
approximately 149 vessels. These
vessels’ average annual gross revenues
were $85,475 per vessel from 2012
through 2016. Average annual net
revenue from operations for these
vessels was approximately 4 percent of
their average annual gross revenue from
2014 through 2016. Therefore, annual
net revenue from operations for these
vessels is estimated to be about $3,400
per vessel. This action is not expected
to affect landings, annual gross revenue,
or harvesting costs, and thus economic
profit for these vessels is not expected
to change.
For greater amberjack, the action to
establish two commercial fishing
seasons of March 1 through August 31
(Season 1) and September 1 through the
end of February (Season 2) within the
fishing year, allocate 60 percent of the
commercial quota to Season 1 and 40
percent to Season 2, add any remaining
commercial quota from Season 1 to
Season 2 only, and reduce the
commercial trip limit from 1,200 lb (545
kg) in round or gutted weight to 1,000
lb (454 kg) in round or gutted weight for
Season 2 is expected to directly regulate
approximately 263 vessels. These
vessels’ average annual gross revenues
were $62,578 per vessel from 2012
through 2016. Average annual net
revenue from operations for these
vessels was approximately 4 percent of
their average annual gross revenue from
2014 through 2016. Thus, average
annual net revenue from operations for
these vessels is estimated to be about
$2,500 per vessel. This action is
expected to reduce average annual gross
revenues to these vessels by about $34,
which represents less than 0.1 percent
of their average annual gross revenues,
and about 11.4 percent of their average
annual economic profit. Although a
quantitative estimate cannot be
provided due to lack of data, this action
is also expected to cause a minor
increase in these vessels’ operating
costs. In general, trip limits are expected
to increase costs because commercial
fishing vessels must take more trips to
harvest and land the same amount of
fish. The more restrictive the trip limit,
the greater the expected increase in
costs. The proposed reduction in the
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commercial trip limit for Season 2 is
200 lb (91 kg) in round or gutted weight
per trip, or about 17 percent of the
current trip limit. A 17 percent
reduction is not a large reduction in
general and the reduction only applies
in Season 2. Thus, this action would be
expected to slightly reduce these
vessels’ economic profits.
For red porgy, the actions to remove
the sale and purchase prohibition and
the possession limit of three fish per
person per day or three fish per person
per trip during January 1 to April 30
each year, establishing two commercial
fishing seasons of January 1 through
April 30 (Season 1) and May 1 through
December 31 (Season 2) within the
fishing year, allocate 30 percent of the
commercial quota to Season 1 and 70
percent to Season 2, and establish a
commercial trip limit of 60 fish in
Season 1 is expected to directly regulate
approximately 160 vessels. These
vessels’ average annual gross revenues
were $73,366 per vessel from 2012
through 2016. Average annual net
revenue from operations for commercial
vessels in the snapper-grouper fishery
was approximately 4.5 percent of their
average annual gross revenue from 2014
through 2016. Thus, annual net revenue
from operations for these vessels is
estimated to be about $3,300 per vessel.
The expected increase in annual gross
revenue from this action is about $335
per vessel, representing an increase of
about 0.5 percent of average annual
gross revenues but a 9 percent increase
in economic profit. The decision to
harvest red porgy during the months
when sales and purchase are currently
prohibited could lead to additional
harvesting costs, but these would be
self-imposed and, assuming standard
business practices by owners of
commercial vessels, the additional gross
revenues will exceed the additional
costs (i.e., economic profit is expected to
increase). Moreover, the red porgy
landings that would be expected during
January through April are likely fish
that were previously discarded due to
the current prohibition. If these landings
are fish that were previously discarded,
then no additional costs would be
incurred and the additional gross
revenue would represent additional
economic profit to these vessels as well.
The action to remove the in-season
commercial trip limit reduction for
vermilion snapper in both seasons is
expected to directly regulate
approximately 206 vessels. These
vessels’ average annual gross revenues
were $66,330 per vessel from 2011
through 2016. Average annual net
revenue from operations for these
vessels was approximately negative 1
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percent of their average annual gross
revenue from 2014 through 2016 (i.e.,
these vessels have been generating
economic losses). Thus, annual net
revenue from operations for these
vessels is estimated to be about negative
$6,600 per vessel. This action is
expected to result in a reduction of $42
in average annual gross revenue per
vessel, which is a minimal change
relative to annual average gross
revenues, but would increase economic
losses by about 0.6 percent. However,
the action is also expected to change the
cost of harvesting vermilion snapper. In
general, trip limits are expected to
increase costs because commercial
fishing vessels must take more trips to
harvest and land the same amount of
fish. The more restrictive the trip limit,
the greater the expected increase in
costs. Under the current regulations, the
commercial trip limit for both seasons is
reduced by 50 percent, from 1,000 lb
(454 kg) gutted weight to 500 lb (227 kg)
gutted weight, when 75 percent of the
commercial quota in either season is
harvested, which is significant. Further,
changes in trip limits within a fishing
year and particularly within a season
can introduce inefficiencies in the
production process as commercial
fishing vessels must adjust their
operations to account for such changes.
While these inefficiencies are likely not
as great when the trip limit changes are
known well in advance, they become
particularly acute when the owners of
commercial fishing vessels do not know
if or when the trip limit change is going
to occur, which is the case under the
current regulations. Further, because at
least some owners of commercial fishing
vessels would prefer to fish when the
trip limit is greater, trip limit reductions
can result in mini-fishing derbies (raceto-fish) within a season. Splitting the
commercial quota between seasons only
partially mitigates this effect. Although
models are not available to
quantitatively estimate the expected
changes in costs, the elimination of the
trip limit reduction is expected to
significantly reduce these vessels’
harvesting costs, likely more than
offsetting the relatively minor reduction
in gross revenue. Therefore, this action
is expected to increase economic profit
for these vessels.
The action to establish a commercial
minimum size limit of 20 inches (50.8
cm) FL for almaco jack is expected to
directly regulate approximately 165
vessels. These vessels’ average annual
gross revenues were $77,267 per vessel
from 2012 through 2016. Average
annual net revenue from operations for
these vessels was approximately 4
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percent of their average annual gross
revenue from 2014 through 2016. Thus,
average annual net revenue from
operations for these vessels is estimated
to be about $3,100 per vessel. Average
annual gross revenue per vessel is
expected to decrease by about $4 per
vessel under the action, which is
minimal (i.e., about 0.1 percent of
economic profit), and thus unlikely to
affect these vessels’ fishing behavior.
However, establishing a minimum size
limit will also lead to discarded fish.
Thus, commercial fishing vessels would
have to exert more effort per trip or take
more trips to land the same amount of
almaco jack, which would lead to higher
costs. The more restrictive the minimum
size limit, the greater the amount of
discarded fish and thus the greater the
expected increase in costs. The increase
in costs per vessel could be
considerably higher than the minimal
increase in average annual gross
revenue per vessel, depending on the
amount of almaco jack that vessels are
forced to discard and how much
additional effort they exert to maintain
their landings and revenue. However,
the increase in cost may be partially
offset through a higher price received
for larger sized fish, but the extent to
which this effect will occur is unknown
due to lack of data on the variability of
prices across almaco jack of different
sizes. Based on this information, this
action may reduce the economic profits
of these 165 vessels.
The action to establish a commercial
trip limit of 500 lb (227 kg) for the other
jacks complex is expected to directly
regulate approximately 210 vessels.
These vessels’ average annual gross
revenues were $69,363 per vessel from
2012 through 2016. Average annual net
revenue from operations for these
vessels was approximately 4 percent of
their average annual gross revenue from
2014 through 2016. Therefore, annual
net revenue from operations for these
vessels is estimated to be about $2,800
per vessel. Given the proposed
commercial minimum size limit for
almaco jack discussed in the previous
action, establishing a commercial trip
limit for the other jacks complex is
expected to result in a reduction of $28
in average annual gross revenue per
vessel, or about 1 percent of the average
annual economic profit. However,
establishing a minimum size limit is
also expected to increase costs, which
would decrease economic profit even
further. The magnitude of the increase
in costs depends on how much
additional effort commercial vessels
must exert to maintain their landings
and revenues. Therefore, economic
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55537
profit for these vessels is expected to be
reduced.
The action to remove the 12-inch
(30.5-cm) TL commercial minimum size
limit for queen snapper, silk snapper,
and blackfin snapper is expected to
directly regulate approximately 94
vessels. These vessels’ average annual
gross revenues were $93,154 per vessel
from 2012 through 2016. Average
annual net revenue from operations for
these vessels was approximately 4
percent of their average annual gross
revenue from 2014 through 2016. Thus,
annual net revenue from operations for
these vessels is estimated to be about
$3,700 per vessel. This action is
expected to result in a minimal increase
in landings of queen snapper, silk
snapper, and blackfin snapper.
However, commercial fishing vessels
have only harvested about 43 percent of
the commercial ACL for the deep-water
complex since blueline tilefish was
removed from that complex. Therefore,
landings of queen snapper, silk snapper,
and blackfin snapper could increase
significantly without any concern of
exceeding the commercial ACL for the
deep-water complex. Further, with the
elimination of the minimum size limit,
vessels would be able to increase their
landings per unit of effort for these
species, thereby decreasing the cost per
pound of fish landed. Therefore, this
action would be expected to increase
the economic profit of these vessels to
some extent.
The action to reduce the commercial
minimum size limit for gray triggerfish
in the EEZ off the east coast of Florida
from 14 inches (35.6 cm) to 12 inches
(30.5 cm) FL is expected to directly
regulate approximately 213 vessels.
These vessels’ average annual gross
revenues were $65,661 per vessel from
2012 through 2016. Average annual net
revenue from operations for these
vessels was approximately 2 percent of
their average annual gross revenue from
2014 through 2016. Thus, annual net
revenue from operations for these
vessels is estimated to be about $1,300
per vessel. This action is expected to
result in an increase in annual gross
revenue per vessel of approximately
$10, which would represent an increase
the average vessel’s economic profit of
about 0.8 percent per year. Reducing the
minimum size limit for gray triggerfish
will also allow commercial fishing
vessels to harvest these species with less
effort. As such, this action would also
be expected to decrease the cost per
pound of harvest, though by how much
is unknown due to the lack of
appropriate models. Thus, this action is
expected to result in a modest increase
in these vessels’ economic profit.
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Based on the information above,
average annual gross revenues for the
584 active commercial snapper-grouper
vessels is expected to increase by about
$33,400, or approximately $57 per
vessel, as a result of all the actions in
this proposed rule. This increase
represents only about 0.1 percent of
these vessels’ average annual gross
revenues, but about 3 percent of their
average annual economic profit.
Harvesting costs are expected to
significantly decrease for vessels
harvesting vermilion snapper and
slightly decrease for vessels harvesting
gray triggerfish, while they are expected
to increase for vessels harvesting greater
amberjack, almaco jack, and species in
the other jacks complex. Because of
these countervailing effects on
harvesting costs, harvesting costs for
many commercial snapper-grouper
vessels will likely change little if at all.
Thus, economic profit for the average
commercial snapper-grouper vessel is
expected to increase slightly or remain
relatively the same, though some vessels
could experience a reduction in
economic profit.
Five alternatives, including the status
quo, were considered for the proposed
action to reduce the commercial trip
limit for blueline tilefish from 300 lb
(136 kg) to 100 lb (45 kg) from January
1 through April 30. The status quo
alternative and the other four
alternatives were not selected because
they are not expected to achieve the
Council’s goal of enabling more
equitable access to the resource for
fishermen from different areas of the
South Atlantic. The status quo
alternative is also not expected to
increase economic profits for the
affected small entities.
Two alternatives, including the status
quo, were considered for the proposed
action to establish, for snowy grouper,
two commercial fishing seasons of
January 1 through June 30 (Season 1)
and July 1 through December 31 (Season
2) within the calendar fishing year,
allocate 70 percent of the commercial
ACL to Season 1 and 30 percent to
Season 2, and transfer any remaining
quota from Season 1 to Season 2. The
status quo alternative and the other
alternative were not selected because
they are not expected to achieve the
Council’s goal of enabling more
equitable access to the resource for
fishermen from different areas of the
South Atlantic.
Nine alternatives, including the status
quo, were considered for the proposed
action to establish, for greater
amberjack, two commercial fishing
seasons of March 1 through August 31
(Season 1) and September 1 through
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February 31 (Season 2) within the
March through February fishing year,
allocate 60 percent of the commercial
ACL to Season 1 and 40 percent to
Season 2, transfer any remaining quota
from Season 1 to Season 2, and reduce
the commercial trip limit from 1,200 lb
(545 kg) in round or gutted weight to
1,000 lb (454 kg) in round or gutted
weight for Season 2. The status quo
alternative was not selected because it is
not expected to achieve the Council’s
goal of enabling more equitable access
to the resource for fishermen from
different areas of the South Atlantic. Six
of the other alternatives are expected to
decrease economic profits for the
affected small entities more than the
proposed action and thus were not
selected. The other two alternatives are
expected to reduce economic profits less
than the proposed action, but were not
selected because they are not expected
to achieve the Council’s goal of enabling
more equitable access to the resource for
fishermen from different areas of the
South Atlantic.
For red porgy, seven alternatives,
including the status quo, were
considered for the proposed action to
remove the sale and purchase
prohibition and the possession limit of
three per person per day or three per
person per trip during January 1 to April
30 each year, specify two commercial
fishing seasons of January 1 through
April 30 (Season 1) and May 1 through
December 31 (Season 2) within the
fishing year, allocate 30 percent of the
commercial ACL to Season 1 and 70
percent to Season 2, and establish a
commercial trip limit of 60 fish in
Season 1. The status quo was not
selected because it is not expected to
achieve the Council’s goal of enabling
more equitable access to the resource for
fishermen from different areas of the
South Atlantic and is not expected to
increase economic profits for the
affected small entities.
Five alternatives, including the status
quo, were considered for the proposed
action to remove the trip limit reduction
in both seasons for vermilion snapper.
None of these alternatives were selected
because they are expected to result in
lower economic profits for the affected
small entities, while three of these
alternatives are also expected to result
in significantly higher regulatory costs
to the government.
Four alternatives, including the status
quo, were considered for the proposed
action to establish a commercial
minimum size limit of 20 inches (50.8
cm) FL for almaco jack. The status quo
was not selected because almaco jack
less than 20 inches (50.8 cm) FL are not
considered to be of a marketable size
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(i.e., they are difficult if not impossible
to sell at a price that would not lead to
economic losses) and therefore would
likely be discarded. Thus, the status quo
alternative is not expected to achieve
the Council’s goals of improving the
marketability of certain species and
minimizing discards. The other three
alternatives are expected to result in
even higher discards, which is contrary
to the Council’s goal of minimizing
discards, and are also expected to
reduce economic profits for the affected
small entities more than the proposed
action.
Three alternatives, including the
status quo, were considered for the
proposed action to establish a
commercial trip limit of 500 lb (227 kg)
for the other jacks complex. The status
quo alternative was not selected as it is
not expected to achieve the Council’s
goal of enabling more equitable access
to the resource for fishermen from
different areas of the South Atlantic.
The other two alternatives are expected
to reduce economic profits more than
the proposed action and therefore were
not selected.
One alternative, the status quo, was
considered for the proposed action to
remove the 12-inch (30.5-cm) TL
commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper. The status quo
alternative was not selected because it is
expected to result in higher discards,
which is contrary to the Council’s goal
of minimizing discards, and is also
expected to result in lower economic
profits for the affected small entities.
One alternative, the status quo, was
considered for the proposed action to
reduce the commercial minimum size
limit for gray triggerfish in the EEZ off
the east coast of Florida from 14 inches
(35.6 cm) to 12 inches (30.5 cm) FL. The
status quo alternative was not selected
because it is expected to result in higher
discards, which is contrary to the
Council’s goal of minimizing discards,
and is also expected to result lower
economic profits for the affected small
entities.
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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper,
South Atlantic.
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Proposed Rules
Dated: October 7, 2019.
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.
§ 622.184
[Amended]
2. In § 622.184, remove paragraph (c).
3. In § 622.185, revise paragraphs
(a)(3) and (c)(2), and add paragraph
(c)(6) to read as follows:
■
■
§ 622.185
Size limits.
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(a) * * *
(3) Cubera, gray, and yellowtail
snappers—12 inches (30.5 cm), TL.
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(c) * * *
(2) Gray triggerfish. (i) For a fish taken
by a person not subject to the bag limit
specified in § 622.187(b)(8)—12 inches
(30.5 cm), FL.
(ii) For a fish taken by a person that
is subject to the bag limit specified in
§ 622.187(b)(8)—(A) In the South
Atlantic EEZ off Florida—14 inches
(35.6 cm), FL.
(B) In the South Atlantic EEZ off
North Carolina, South Carolina, and
Georgia—12 inches (30.5 cm), FL.
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(6) Almaco jack. For a fish taken by
a person not subject to the bag limit
specified in § 622.187(b)(8)—20 inches
(50.8 cm), FL.
■ 4. In § 622.190, revise paragraphs
(a)(1), (3), and (6) to read as follows:
§ 622.190
Quotas.
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(a) * * *
(1) Snowy grouper—(i) For the period
January 1 through June 30 each year—
107,754 lb (48,876 kg).
(ii) For the period July 1 through
December 31 each year—46,181 lb
(20,947 kg).
VerDate Sep<11>2014
17:00 Oct 16, 2019
Jkt 250001
(iii) Any unused portion of the quota
specified in paragraph (a)(1)(i) of this
section will be added to the quota
specified in paragraph (a)(1)(ii) of this
section. Any unused portion of the
quota specified in paragraph (a)(1)(ii) of
this section, including any addition of
quota specified in paragraph (a)(1)(i) of
this section that was unused, will
become void and will not be added to
any subsequent quota.
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(3) Greater amberjack—(i) For the
period March 1 through August 31 each
year—461,633 lb (209,393 kg).
(ii) For the period September 1
through the end of February each year—
307,755 lb (139,595 kg).
(iii) Any unused portion of the quota
specified in paragraph (a)(3)(i) of this
section will be added to the quota
specified in paragraph (a)(3)(ii) of this
section. Any unused portion of the
quota specified in paragraph (a)(3)(ii) of
this section, including any addition of
quota specified in paragraph (a)(3)(i) of
this section that was unused, will
become void and will not be added to
any subsequent quota.
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(6) Red porgy—(i) For the period
January 1 through April 30 each year—
47,308 lb (21,458 kg), gutted weight;
49,200 lb (22,317 kg), round weight.
(ii) For the period May 1 through
December 31 each year—110,384 lb
(50,069 kg), gutted weight; 114,800 lb
(52,072 kg), round weight.
(iii) Any unused portion of the quota
specified in paragraph (a)(6)(i) of this
section will be added to the quota
specified in paragraph (a)(6)(ii) of this
section. Any unused portion of the
quota specified in paragraph (a)(6)(ii) of
this section, including any addition of
quota specified in paragraph (a)(6)(i) of
this section that was unused, will
become void and will not be added to
any subsequent quota.
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■ 5. In § 622.191, revise paragraphs
(a)(4) through (6), (10), and add
paragraph (a)(14) to read as follows:
§ 622.191
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PO 00000
Commercial trip limits.
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(a) * * *
Frm 00030
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(4) Red porgy. The following
commercial trip limits apply until the
applicable commercial quota specified
in § 622.190(a)(6) is reached. See
§ 622.190(c)(1) for the limitations
regarding red porgy after the applicable
commercial quota is reached.
(i) From January 1 through April 30—
60 fish.
(ii) From May 1 through December
31—120 fish.
(5) Greater amberjack. The following
commercial trip limits apply until the
applicable commercial quota specified
in § 622.190(a)(3) is reached. See
§ 622.190(c)(1) for the limitations
regarding greater amberjack after the
applicable commercial quota is reached.
(i) From March 1 through August 31—
1,200 lb (544 kg).
(ii) From September 1 through the end
of February—1,000 lb (454 kg).
(6) Vermilion snapper. Until the
applicable commercial quota specified
in § 622.190(a)(4) is reached—1,000 lb
(454 kg), gutted weight. See
§ 622.190(c)(1) for the limitations
regarding vermilion snapper after the
applicable commercial quota is reached.
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(10) Blueline tilefish. The following
commercial trip limits apply until the
commercial ACL specified in
§ 622.193(z)(1)(i) is reached. See
§ 622.193(z)(1)(i) for the limitations
regarding blueline tilefish after the
commercial ACL is reached.
(i) From January 1 through April 30—
100 lb (45 kg), gutted weight; 106 lb (48
kg), round weight.
(ii) From May 1 through December
31—300 lb (136 kg), gutted weight; 318
lb (144 kg), round weight.
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(14) Other jacks complex (lesser
amberjack, almaco jack, and banded
rudderfish). Until the commercial ACL
specified in § 622.193(l)(1)(i) is
reached—500 lb (227 kg), gutted weight;
520 lb (236 kg), round weight. See
§ 622.193(l)(1)(i) for the limitations
regarding the other jacks complex after
the commercial ACL is reached.
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[FR Doc. 2019–22197 Filed 10–16–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Proposed Rules]
[Pages 55531-55539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22197]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 191004-0056]
RIN 0648-BI32
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory
Amendment 27
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 to implement management measures described in
Vision Blueprint Commercial Regulatory Amendment 27 (Regulatory
Amendment 27) to the Fishery Management Plan (FMP) for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as
prepared and submitted by the South Atlantic Fishery Management Council
(Council). If implemented, this proposed rule would modify commercial
fishing seasons, trip limits, and minimum size limits for selected
snapper-grouper species in the South Atlantic exclusive economic zone
(EEZ). The purpose of this proposed rule is to improve equitable access
for commercial fishermen in the snapper-grouper fishery, minimize
discards to the extent practicable, and improve marketability within
the snapper-grouper fishery.
DATES: Written comments on the proposed rule must be received by
November 18, 2019.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2019-0059,'' by either of the following methods:
[[Page 55532]]
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0059, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit written comments to Mary Vara, 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, 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 27 may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-27-vision-blueprint-commercial-measures includes an environmental assessment,
regulatory impact review, and Initial Regulatory Flexibility Analysis
(IRFA).
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the Snapper-Grouper FMP and includes
blueline tilefish, snowy grouper, greater amberjack, red porgy,
vermilion snapper, almaco jack, other jacks complex (lesser amberjack,
almaco jack, and banded rudderfish), queen snapper, silk snapper,
blackfin snapper, and gray triggerfish, along with other snapper-
grouper species. The Snapper-Grouper 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).
Background
During a series of stakeholder meetings in 2014, the Council
gathered input from commercial fishermen throughout the South Atlantic
region to develop a long-term strategic plan for managing the snapper-
grouper fishery. Based on that input, the Council developed the 2016-
2020 Vision Blueprint for the Snapper-Grouper Fishery (Vision
Blueprint). The Vision Blueprint identified the goals, objectives,
strategies, and actions that support the Council's vision for the
snapper-grouper fishery and centers around four goal areas: Science,
Management, Communication, and Governance. In 2015, the Council
prioritized action items in the Vision Blueprint that would be
addressed through amendments to the Snapper-Grouper FMP over the next 5
years. As part of this prioritization, the Council chose to focus on
actions that would address the seasonality of access to certain
snapper-grouper species and measures to lengthen fishing seasons to
better utilize existing annual catch limits (ACLs) in the snapper-
grouper fishery. To accomplish this, the Council began development of
two regulatory amendments to the Snapper-Grouper FMP to address the
commercial and recreational sectors, respectively. Regulatory Amendment
27 includes modifications to the commercial sector management measures
in the snapper-grouper fishery based on stakeholder input. The purpose
of Regulatory Amendment 27 is to enable equitable access for commercial
fishermen participating in the snapper-grouper fishery, and to minimize
discards to the extent practicable, while improving marketability for
some snapper-grouper species. Vision Blueprint Recreational Regulatory
Amendment 26 to the Snapper-Grouper FMP, which would revise
recreational management measures in the fishery, has been submitted to
NMFS by the Council, and NMFS is developing a proposed rule.
Management Measures Contained in This Proposed Rule
This proposed rule would modify the commercial trip limits for
blueline tilefish, greater amberjack, red porgy, and vermilion snapper;
establish commercial split seasons for snowy grouper, greater
amberjack, and red porgy; and establish a commercial trip limit for the
other jacks complex. For the commercial sector, this proposed rule
would also establish a minimum size limit for almaco jack, remove the
minimum size limits for silk snapper, queen snapper, and blackfin
snapper, and reduce the minimum size limit for gray triggerfish in the
EEZ off the east coast of Florida. The management measures in this
proposed rule would apply on board a vessel for which a Federal
commercial permit for South Atlantic snapper-grouper has been issued.
Unless otherwise noted, all weights in this proposed rule are described
in gutted weight.
Commercial Trip Limit for Blueline Tilefish
Currently, the commercial trip limit for blueline tilefish is 300
lb (136 kg) during the January through December fishing year. In
Regulatory Amendment 27, the Council determined that management
measures for blueline tilefish should be more consistent with snowy
grouper management measures since the two species co-occur in parts of
the Council's jurisdiction. Blueline tilefish and snowy grouper are
both target species for fishermen north of Cape Hatteras, North
Carolina, but access to these species in that area is limited early in
the fishing year (during January through May) as a result of poor
weather conditions. However, blueline tilefish are mostly an incidental
catch during commercial harvest of snowy grouper occurring south of
Cape Hatteras, North Carolina, through approximately Cape Canaveral,
Florida. South of Cape Hatteras, commercial fishermen targeting snowy
grouper tend to continue fishing for blueline tilefish after they have
reached their snowy grouper trip limit and they report that this
practice results in increased discards of snowy grouper. Access to the
blueline tilefish by the commercial sector has been further limited
over the past few years, because the commercial sector for blueline
tilefish has closed before the end of the fishing year as a result of
reaching the commercial quota.
This proposed rule would modify the 300-lb (136-kg) commercial trip
limit for blueline tilefish throughout the South Atlantic EEZ. During
January 1 through April 30 each year, the commercial trip limit would
be reduced to 100 lb (45 kg), and during May 1 through December 31 each
year, the commercial trip limit would continue to be 300 lb (136 kg).
The Council determined that a lower 100-lb (45-kg) commercial trip
limit of blueline tilefish each year from January through April would
help reduce snowy grouper discards by commercial fishermen operating
south of Cape Hatteras, North Carolina, because the commercial trip
limit for blueline tilefish would be met more quickly on a trip. This
proposed rule would maintain the current 300-lb (136-kg) trip limit for
blueline tilefish from May through December when good weather
conditions are more likely to allow commercial fishermen in the
northern portion of the Council's area of jurisdiction to have greater
access to the resource and optimize their harvest through an extended
fishing season.
[[Page 55533]]
Commercial Split Season for Snowy Grouper
During the Council's development of the Vision Blueprint,
stakeholders requested that the Council address regional differences in
access to the snapper-grouper resource, including snowy grouper, and
implement management approaches that would minimize discards.
Commercial fishermen and other stakeholders notified the Council to an
increase in snowy grouper discards when fishermen attempt to harvest
the commercial trip limit of blueline tilefish, a co-occurring species,
after reaching the commercial trip limit for snowy grouper. In
addition, stakeholders stated the importance of snowy grouper in the
commercial market during the early months of the year (January through
April), when the harvest of shallow-water groupers is closed.
Currently, the fishing year for snowy grouper is January 1 through
December 31 and there is a single fishing season to harvest the
commercial ACL (equivalent to the commercial quota) of 153,935 lb
(69,824 kg), gutted weight, or 181,644 lb (82,392 kg), round weight.
After reviewing stakeholder input, the Council determined that
allocating the majority (70 percent) of the commercial quota to a
January through June fishing season would ensure availability of snowy
grouper when it is most valuable at the market and optimize access to
this species for the majority of commercial fishermen in the South
Atlantic. The Council also decided that allocating 30 percent of the
commercial quota of snowy grouper for a July through December fishing
season allows for the incidental harvest of snowy grouper when North
Carolina commercial fishermen are targeting blueline tilefish. The
Council determined that the longer grouper species are available in the
marketplace, the more this benefits fishermen and communities in the
South Atlantic.
This proposed rule would establish two commercial fishing seasons
for snowy grouper of January 1 through June 30 (Season 1) and July 1
through December 31 (Season 2) within the current fishing year. This
proposed rule would allocate the commercial quotas as 70 percent to
Season 1, 107,754 lb (48,876 kg), and 30 percent to Season 2, 46,181 lb
(20,947 kg). Any remaining commercial quota from Season 1 would be
transferred to Season 2. Any remaining commercial quota from Season 2
would not be carried forward into the next fishing year.
Commercial Split Season and Trip Limit for Greater Amberjack
Currently, the commercial ACL (equivalent to the commercial quota)
for greater amberjack is 769,388 lb (348,989 kg), the fishing year is
March 1 through the end of February, and the commercial trip limit is
1,200 lb (544 kg) and applies in either round or gutted weight. During
April of each year, the commercial harvest and possession limit for
greater amberjack (equivalent to a commercial trip limit) is one fish
per person per day or one fish per person per trip, whichever is more
restrictive. Also during April each year, the sale and purchase of
greater amberjack in or from the South Atlantic EEZ is prohibited on
board a vessel for which a Federal commercial permit for South Atlantic
snapper-grouper has been issued.
During the development of Regulatory Amendment 27, the Council
determined that recent commercial harvests of yellowtail snapper have
influenced the commercial harvest of greater amberjack. In 2017 and
2018, the commercial sector for yellowtail snapper closed 2 months
prior to the end of that species' fishing year. The early closures of
commercial yellowtail snapper resulted in commercial fishermen in
Florida targeting greater amberjack more heavily, leading to earlier
commercial closures of greater amberjack and price fluctuations that
affect resource users throughout the South Atlantic. The Council
expects that dividing the commercial quota for South Atlantic greater
amberjack between two seasons and reducing the commercial trip limit
for the latter half of the fishing year would lengthen the greater
amberjack commercial season and allow for a more equitable distribution
and price stability of the greater amberjack resource throughout the
South Atlantic.
Regulatory Amendment 27 and this proposed rule would specify two
commercial fishing seasons for greater amberjack. The two seasons would
be March 1 through August 31 (Season 1) and September 1 through the end
of February (Season 2). The commercial quotas would be allocated as 60
percent to Season 1, 461,633 lb (209,393 kg), and 40 percent to Season
2, 307,755 lb (139,595 kg). Any remaining commercial quota from Season
1 would be added to the commercial quota in Season 2. Any remaining
quota from Season 2 would not be carried forward into the next fishing
year.
Additionally, Regulatory Amendment 27 and this proposed rule would
modify the commercial trip limit for greater amberjack. During Season
1, the commercial trip limit would be 1,200 lb (544 kg) in round or
gutted weight, and during Season 2, the commercial trip limit would be
1,000 lb (454 kg) in round or gutted weight. However, during April each
year, the commercial sale and purchase of greater amberjack would
continue to be prohibited, and the harvest and possession limit would
continue to be one fish per person per day or one fish per person per
trip, whichever is more restrictive.
Commercial Split Season and Trip Limit for Red Porgy
Currently, the fishing year for red porgy is January 1 through
December 31, and the commercial ACL (equivalent to the commercial
quota) is 157,692 lb (71,528 kg), gutted weight, or 164,000 lb (74,389
kg), round weight. During January through April each year, the
commercial sale and purchase of red porgy is prohibited on board a
vessel for which a Federal commercial permit for South Atlantic
snapper-grouper has been issued, and the commercial harvest and
possession limit for red porgy (equivalent to a commercial trip limit)
is three fish per person per day or three fish per person per trip,
whichever is more restrictive. The commercial trip limit for red porgy
is 120 fish from May 1 through December 31.
In the South Atlantic, red porgy spawn from January through May and
spawning activity peaks from January through March. The current January
through April prohibition on sale and purchase of red porgy and
restrictive harvest and possession limit encompasses the majority of
the spawning season, and provides direct benefits to the stock by
reducing fishing pressure on the spawning stock. However, during
January through April commercial fishermen target two co-occurring
species, vermilion snapper and gray triggerfish, while reporting
discards of red porgy. Therefore, these discards of red porgy reduce
the benefits of a spawning season closure for the stock when commercial
fishermen target other co-occurring species. The Council determined
that a commercial trip limit of 60 fish and a lower portion of the
commercial quota during January through April would continue to
constrain harvest to protect spawning fish, while allowing commercial
fishermen to retain a sufficient amount of red porgy when targeting co-
occurring species, thereby reducing discards of red porgy.
Regulatory Amendment 27 and this proposed rule would establish two
commercial fishing seasons for red porgy. The first season would be
[[Page 55534]]
January 1 through April 30 (Season 1), and the second season would be
May 1 through December 31 (Season 2). The current fishing year would
not change. The commercial quotas would be allocated as 30 percent to
Season 1, 47,308 lb (21,459 kg) gutted weight, 49,200 lb (22,317 kg),
round weight; and 70 percent to Season 2, 110,384 lb (50,069 kg) gutted
weight, 114,800 lb (52,072 kg), round weight. Any remaining commercial
quota from Season 1 would be added to the commercial quota in Season 2.
Any remaining quota from Season 2 would not be carried forward into the
next fishing year. The proposed rule would remove the current
commercial sale and purchase prohibition and the possession limit of
three fish per person per day or three fish per person per trip,
whichever is more restrictive, during January 1 through April 30.
Additionally, Regulatory Amendment 27 and this proposed rule would
modify the commercial trip limits for red porgy during the Season 1 to
be 60 fish. During Season 2, the commercial trip limit for red porgy
would continue to be 120 fish.
Commercial Trip Limit for Vermilion Snapper
Currently, the commercial fishing year for vermilion snapper is
from January 1 through December 31. The commercial ACL (equivalent to
the commercial quota) is divided equally between two commercial fishing
seasons as January 1 through June 30 (Season 1) and July 1 through
December 31 (Season 2). Any remaining commercial quota from Season 1 is
added to the commercial quota for Season 2. Any remaining commercial
quota from Season 2 is not carried forward into the next fishing year.
During both Season 1 and Season 2, the commercial trip limit for
vermilion snapper is 1,000 lb (454 kg). Additionally, if NMFS estimates
that 75 percent of the vermilion snapper commercial quota during either
season is met or is projected to be met, NMFS will publish a notice in
the Federal Register to reduce the commercial trip limit to 500 lb (227
kg).
Fishermen requested that the Council consider reducing the
commercial trip limit in Season 2, as many more snapper-grouper species
are available for harvest during that time and a reduced commercial
trip limit would be expected to extend the fishing season for vermilion
snapper. In addition, Abbreviated Framework Amendment 2 to the Snapper-
Grouper FMP was recently implemented (84 FR 14021, April 9, 2019) that
increased the total ACL for vermilion snapper based on the results of
the latest stock assessment in 2018. Therefore, the Council determined
that there is no longer a need to have a trip limit reduction for
vermilion snapper. Also, as described in Regulatory Amendment 27,
maintaining the current commercial trip limit would ensure economic
profitability and efficient use of the vermilion snapper resource.
Regulatory Amendment 27 and this proposed rule would remove the
trip limit reduction for vermilion snapper from both seasons but retain
the 1,000 lb (454 kg) commercial trip limit. Any remaining commercial
quota from Season 1 would continue to be added to the commercial quota
for Season 2, and any remaining commercial quota from Season 2 would
not be carried forward into the next fishing year.
Minimum Size Limit for Almaco Jack
There is currently no commercial minimum size limit for almaco
jack. This proposed rule would establish a commercial minimum size
limit of 20 inches (50.8 cm), fork length (FL), in the South Atlantic
EEZ. Fishermen with Federal commercial permits for South Atlantic
snapper-grouper reported their concerns to the Council about the small
size, and resulting poor commercial value, of some of the almaco jack
being landed. The minimum size limit for the commercial sector of 20
inches (50.8 cm), FL, would allow more individual almaco jack to reach
reproductive activity before being susceptible to harvest, and is
projected to increase the average size and the corresponding average
weight of fish harvested.
Commercial Trip Limit for the Other Jacks Complex
Currently, there is not a commercial trip limit for species in the
other jacks complex, which includes lesser amberjack, almaco jack, and
banded rudderfish. Regulatory Amendment 27 and this proposed rule would
establish a commercial trip limit for the other jacks complex of 500 lb
(227 kg). In 2014, stakeholders told the Council that almaco jack,
which typically dominate commercial landings of species in the other
jacks complex, are an incidental catch on trips targeting vermilion
snapper. The Council determined that commercial fishermen would benefit
from being able to profit from those incidental catches of almaco jack
if they were to achieve a higher price per fish, since the market value
of almaco jack (and the other species in the other jacks complex) is
increasing. Because the commercial sector for the other jacks complex
has historically closed before the end of the fishing year, fishermen
told the Council that a 500-lb (227-kg) commercial trip limit for the
other jacks complex would still allow them to make a profitable trip,
and the proposed commercial trip limit would enable fishermen to have
the added benefit of an extended commercial season for the other jacks
complex. In addition, Council members noted that banded rudderfish are
commercially important in the springtime, particularly in April when
the commercial harvest of greater amberjack is closed. Although some
commercial trips can land over 1,000 lb (454 kg) of banded rudderfish
during certain times of the year, the Council determined it would be
more equitable for commercial fishermen, and better for the long-term
sustainability of the other jacks complex resource, to establish a 500-
lb (227-kg) commercial trip limit for this species complex.
Minimum Size Limit for Queen Snapper, Silk Snapper, and Blackfin
Snapper
Queen snapper, silk snapper, and blackfin snapper are part of the
deep-water complex. Currently, the commercial minimum size limit for
queen snapper, silk snapper, and blackfin snapper is 12 inches (30.5
cm) total length (TL), but the remaining species in the deep-water
complex do not have a specified minimum size limit requirement. The 12-
inch (30.5-cm) TL commercial minimum size limit was implemented for
queen snapper, blackfin snapper, and silk snapper early in the
management of the snapper-grouper fishery, before estimates of discard
mortality were available, and before the creation of the various
species complexes by the Council. All of the species in the deep-water
complex (yellowedge grouper, silk snapper, misty grouper, queen
snapper, sand tilefish, and blackfin snapper) are typically associated
with a high discard mortality. The Council determined that removing the
commercial minimum size limit for queen snapper, silk snapper, and
blackfin snapper would reduce discards and discard mortality for these
species. Therefore, Regulatory Amendment 27 and this proposed rule
would remove the commercial minimum size limit for queen snapper, silk
snapper, and blackfin snapper.
Minimum Size Limit for Gray Triggerfish
The current commercial minimum size limit for gray triggerfish in
the South Atlantic EEZ is 14 inches (35.6 cm) FL off the east coast of
Florida and 12 inches (30.5 cm) FL off North Carolina, South Carolina,
and Georgia. Regulatory Amendment 27 and this proposed rule would
reduce the
[[Page 55535]]
commercial minimum size limit to 12 inches (30.5 cm) FL in the EEZ off
the east coast of Florida. In 2015, the 12-inch (30.5-cm) FL commercial
minimum size limit was implemented for gray triggerfish in the EEZ off
North Carolina, South Carolina, and Georgia, and a commercial minimum
size limit of 14 inches (35.6 cm) FL was implemented in the EEZ off the
east coast of Florida (80 FR 30947, June 1, 2015). This was a
precautionary action taken by the Council in response to their concerns
about the status of the South Atlantic gray triggerfish stock, to align
Federal regulations off the east coast of Florida with those in the
Gulf of Mexico, and achieve consistency between state and Federal
regulations off the east coast of Florida. However, after the
commercial minimum size limit went into effect on July 1, 2015,
stakeholders in Florida expressed concern to the Florida Fish and
Wildlife Conservation Commission (FWC) regarding increasing discards of
gray triggerfish in south Florida where the average size of gray
triggerfish is less than that off northeast Florida. In response to
that concern, the FWC reduced the recreational minimum size limit of
gray triggerfish in state waters to 12 inches (30.5 cm) FL in 2017, and
requested that the Council develop consistent size limit regulations in
Federal waters for gray triggerfish. Therefore, reducing the commercial
minimum size limit to 12 inches (30.5 cm) FL would make these state and
Federal regulations for gray triggerfish consistent off the east coast
of Florida, off the other South Atlantic states, and in Federal waters
throughout the Council's jurisdiction.
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 27, the Snapper-Grouper FMP, other
provisions of the Magnuson-Stevens Act, and other applicable laws,
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 expected to be an
Executive Order 13771 deregulatory action.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified.
NMFS prepared an initial regulatory flexibility analysis (IRFA) for
this proposed rule, as required by section 603 of the RFA, 5 U.S.C.
603. The IRFA describes the economic impact this proposed rule, if
adopted, would have on small entities. A description of this proposed
rule, why it is being considered, and the purposes of this proposed
rule are contained in the preamble and in the SUMMARY section of the
preamble. A copy of the full analysis is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The objective of this proposed rule is to improve management of the
commercial sector of the snapper-grouper fishery to better achieve
optimum yield, while minimizing, to the extent practicable, the adverse
socio-economic effects of regulations on commercial fishing entities in
the South Atlantic.
This proposed rule, if implemented, would make the following
changes to the regulations for the commercial snapper-grouper fishing
industry in the South Atlantic region. This proposed rule would reduce
the commercial trip limit for blueline tilefish from 300 lb (136 kg) to
100 lb (45 kg) from January 1 through April 30. For snowy grouper, this
proposed rule would establish two commercial fishing seasons of January
1 through June 30 (Season 1) and July 1 through December 31 (Season 2),
rather than a single season within the fishing year, allocate 70
percent of the commercial quota to Season 1 and 30 percent to Season 2,
and transfer any remaining commercial quota from Season 1 to Season 2
only. For greater amberjack, this proposed rule would establish two
commercial fishing seasons of March 1 through August 31 (Season 1) and
September 1 through the end of February (Season 2), rather than a
single season within the March through February fishing year; allocate
60 percent of the commercial quota to Season 1 and 40 percent to Season
2, and add any remaining commercial quota from Season 1 to Season 2
only; and reduce the commercial trip limit from 1,200 lb (545 kg) in
round or gutted weight to 1,000 lb (454 kg) in round or gutted weight
for Season 2. For red porgy, this proposed rule would remove the sale
and purchase prohibition, and the possession limit of three fish per
person per day or three fish per person per trip during January 1 to
April 30 each year; specify two commercial fishing seasons for red
porgy of January 1 through April 30 (Season 1) and May 1 through
December 31 (Season 2) within the fishing year; allocate 30 percent of
the commercial quota to Season 1 and 70 percent to Season 2; and
establish a commercial trip limit of 60 fish in Season 1. This proposed
rule would also remove the in-season reduction of the commercial trip
limit in Season 1 and Season 2 for vermilion snapper, establish a
commercial minimum size limit of 20 inches (50.8 cm) FL for almaco
jack, establish a commercial trip limit of 500 lb (227 kg) for the
other jacks complex, remove the 12-inch (30.5-cm) TL commercial minimum
size limit for queen snapper, silk snapper, and blackfin snapper, and
reduce the commercial minimum size limit for gray triggerfish from 14
inches (35.6 cm) to 12 inches (30.5 cm) FL in the EEZ off the east
coast of Florida. Therefore, this proposed rule is expected to directly
regulate businesses that are active in the commercial snapper-grouper
fishing industry.
As of August 17, 2018, the number of vessels with a valid or
renewable Federal commercial permit for South Atlantic snapper-grouper
was 644, composed of 536 transferable, unlimited snapper-grouper
permits and 108 non-transferable, 225-lb (102 kg) trip-limited permits.
With the exception of species-specific trip limits, there is no
aggregate snapper-grouper harvest limit per trip for vessels with
unlimited snapper-grouper permits, while vessels with trip-limited
permits cannot harvest more than 225 lb (102 kg) of all snapper-grouper
species per trip. On average, only 584 vessels used their commercial
permits for harvesting purposes from 2012 through 2016. Some permit
holders retain their permits for speculative or other non-harvesting
purposes. The majority of vessels harvest multiple snapper-grouper
species. The proposed rule will only directly regulate permit holders
that actually use their permits for harvesting purposes. Therefore, it
is expected that approximately 584 vessels will be directly regulated
by this proposed rule.
Although NMFS started to collect ownership data for businesses that
possess commercial snapper-grouper permits in 2017, this data is
currently incomplete and historical data is not available. Therefore,
it is not currently feasible to accurately determine affiliations
between these particular businesses. As a result of the incomplete
ownership data, for purposes of this analysis, it is assumed each of
these vessels is independently owned by a single business, which is
expected to result in an overestimate of the actual number of
businesses directly regulated by this proposed rule. Therefore, this
proposed rule is estimated to directly regulate 584 businesses in the
commercial snapper-grouper fishing industry.
All monetary estimates in the following analysis are in 2016
dollars. For vessels that were active in the
[[Page 55536]]
snapper-grouper fishing industry from 2012 through 2016, average annual
gross revenue was approximately $44,000 per vessel. Average annual net
cash flow per vessel was approximately $8,300 while net revenue from
operations was approximately $2,000 per vessel. Net revenue from
operations is the best available estimate of economic profit.
The Small Business Administration has established size standards
for all major industry sectors in the U.S. including commercial fishing
businesses. On December 29, 2015, NMFS issued a final rule establishing
a small business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in it field of operations (including its
affiliates). The maximum average annual gross revenue from 2012 through
2016 for a single vessel in the commercial snapper-grouper fishing
industry was about $1.6 million. Based on the information above, all
businesses directly regulated by this proposed rule are determined to
be small businesses for the purpose of this analysis.
This proposed rule, if implemented, would be expected to directly
regulate the 584 active vessels with commercial permits in the South
Atlantic snapper-grouper fishery of the 644 vessels that currently
possess those permits. All directly regulated businesses have been
determined, for the purpose of this analysis, to be small entities.
Based on this information, the proposed rule is expected to affect a
substantial number of small businesses.
The action to reduce the commercial trip limit for blueline
tilefish from 300 lb (136 kg) to 100 lb (45 kg) from January 1 through
April 30 is expected to directly regulate approximately 134 vessels.
These vessels' average annual gross revenues were $82,411 per vessel
from 2012 through 2016. Average annual net revenue from operations for
these vessels was approximately 4 percent of their average annual gross
revenue from 2014 through 2016. Thus, annual net revenue from
operations (economic profit) for these vessels is estimated to be about
$3,300 per vessel. Average annual gross revenue per vessel is expected
to increase by about $13 per year, which would result in an increase in
economic profit of about 0.4 percent for these vessels.
For snowy grouper, the action to establish two commercial fishing
seasons of January 1 through June 30 (Season 1) and July 1 through
December 31 (Season 2) rather than a single season within the fishing
year, allocate 70 percent of the commercial quota to Season 1 and 30
percent to Season 2, and to add any remaining commercial quota from
Season 1 to Season 2 only, is expected to directly regulate
approximately 149 vessels. These vessels' average annual gross revenues
were $85,475 per vessel from 2012 through 2016. Average annual net
revenue from operations for these vessels was approximately 4 percent
of their average annual gross revenue from 2014 through 2016.
Therefore, annual net revenue from operations for these vessels is
estimated to be about $3,400 per vessel. This action is not expected to
affect landings, annual gross revenue, or harvesting costs, and thus
economic profit for these vessels is not expected to change.
For greater amberjack, the action to establish two commercial
fishing seasons of March 1 through August 31 (Season 1) and September 1
through the end of February (Season 2) within the fishing year,
allocate 60 percent of the commercial quota to Season 1 and 40 percent
to Season 2, add any remaining commercial quota from Season 1 to Season
2 only, and reduce the commercial trip limit from 1,200 lb (545 kg) in
round or gutted weight to 1,000 lb (454 kg) in round or gutted weight
for Season 2 is expected to directly regulate approximately 263
vessels. These vessels' average annual gross revenues were $62,578 per
vessel from 2012 through 2016. Average annual net revenue from
operations for these vessels was approximately 4 percent of their
average annual gross revenue from 2014 through 2016. Thus, average
annual net revenue from operations for these vessels is estimated to be
about $2,500 per vessel. This action is expected to reduce average
annual gross revenues to these vessels by about $34, which represents
less than 0.1 percent of their average annual gross revenues, and about
11.4 percent of their average annual economic profit. Although a
quantitative estimate cannot be provided due to lack of data, this
action is also expected to cause a minor increase in these vessels'
operating costs. In general, trip limits are expected to increase costs
because commercial fishing vessels must take more trips to harvest and
land the same amount of fish. The more restrictive the trip limit, the
greater the expected increase in costs. The proposed reduction in the
commercial trip limit for Season 2 is 200 lb (91 kg) in round or gutted
weight per trip, or about 17 percent of the current trip limit. A 17
percent reduction is not a large reduction in general and the reduction
only applies in Season 2. Thus, this action would be expected to
slightly reduce these vessels' economic profits.
For red porgy, the actions to remove the sale and purchase
prohibition and the possession limit of three fish per person per day
or three fish per person per trip during January 1 to April 30 each
year, establishing two commercial fishing seasons of January 1 through
April 30 (Season 1) and May 1 through December 31 (Season 2) within the
fishing year, allocate 30 percent of the commercial quota to Season 1
and 70 percent to Season 2, and establish a commercial trip limit of 60
fish in Season 1 is expected to directly regulate approximately 160
vessels. These vessels' average annual gross revenues were $73,366 per
vessel from 2012 through 2016. Average annual net revenue from
operations for commercial vessels in the snapper-grouper fishery was
approximately 4.5 percent of their average annual gross revenue from
2014 through 2016. Thus, annual net revenue from operations for these
vessels is estimated to be about $3,300 per vessel. The expected
increase in annual gross revenue from this action is about $335 per
vessel, representing an increase of about 0.5 percent of average annual
gross revenues but a 9 percent increase in economic profit. The
decision to harvest red porgy during the months when sales and purchase
are currently prohibited could lead to additional harvesting costs, but
these would be self-imposed and, assuming standard business practices
by owners of commercial vessels, the additional gross revenues will
exceed the additional costs (i.e., economic profit is expected to
increase). Moreover, the red porgy landings that would be expected
during January through April are likely fish that were previously
discarded due to the current prohibition. If these landings are fish
that were previously discarded, then no additional costs would be
incurred and the additional gross revenue would represent additional
economic profit to these vessels as well.
The action to remove the in-season commercial trip limit reduction
for vermilion snapper in both seasons is expected to directly regulate
approximately 206 vessels. These vessels' average annual gross revenues
were $66,330 per vessel from 2011 through 2016. Average annual net
revenue from operations for these vessels was approximately negative 1
[[Page 55537]]
percent of their average annual gross revenue from 2014 through 2016
(i.e., these vessels have been generating economic losses). Thus,
annual net revenue from operations for these vessels is estimated to be
about negative $6,600 per vessel. This action is expected to result in
a reduction of $42 in average annual gross revenue per vessel, which is
a minimal change relative to annual average gross revenues, but would
increase economic losses by about 0.6 percent. However, the action is
also expected to change the cost of harvesting vermilion snapper. In
general, trip limits are expected to increase costs because commercial
fishing vessels must take more trips to harvest and land the same
amount of fish. The more restrictive the trip limit, the greater the
expected increase in costs. Under the current regulations, the
commercial trip limit for both seasons is reduced by 50 percent, from
1,000 lb (454 kg) gutted weight to 500 lb (227 kg) gutted weight, when
75 percent of the commercial quota in either season is harvested, which
is significant. Further, changes in trip limits within a fishing year
and particularly within a season can introduce inefficiencies in the
production process as commercial fishing vessels must adjust their
operations to account for such changes. While these inefficiencies are
likely not as great when the trip limit changes are known well in
advance, they become particularly acute when the owners of commercial
fishing vessels do not know if or when the trip limit change is going
to occur, which is the case under the current regulations. Further,
because at least some owners of commercial fishing vessels would prefer
to fish when the trip limit is greater, trip limit reductions can
result in mini-fishing derbies (race-to-fish) within a season.
Splitting the commercial quota between seasons only partially mitigates
this effect. Although models are not available to quantitatively
estimate the expected changes in costs, the elimination of the trip
limit reduction is expected to significantly reduce these vessels'
harvesting costs, likely more than offsetting the relatively minor
reduction in gross revenue. Therefore, this action is expected to
increase economic profit for these vessels.
The action to establish a commercial minimum size limit of 20
inches (50.8 cm) FL for almaco jack is expected to directly regulate
approximately 165 vessels. These vessels' average annual gross revenues
were $77,267 per vessel from 2012 through 2016. Average annual net
revenue from operations for these vessels was approximately 4 percent
of their average annual gross revenue from 2014 through 2016. Thus,
average annual net revenue from operations for these vessels is
estimated to be about $3,100 per vessel. Average annual gross revenue
per vessel is expected to decrease by about $4 per vessel under the
action, which is minimal (i.e., about 0.1 percent of economic profit),
and thus unlikely to affect these vessels' fishing behavior. However,
establishing a minimum size limit will also lead to discarded fish.
Thus, commercial fishing vessels would have to exert more effort per
trip or take more trips to land the same amount of almaco jack, which
would lead to higher costs. The more restrictive the minimum size
limit, the greater the amount of discarded fish and thus the greater
the expected increase in costs. The increase in costs per vessel could
be considerably higher than the minimal increase in average annual
gross revenue per vessel, depending on the amount of almaco jack that
vessels are forced to discard and how much additional effort they exert
to maintain their landings and revenue. However, the increase in cost
may be partially offset through a higher price received for larger
sized fish, but the extent to which this effect will occur is unknown
due to lack of data on the variability of prices across almaco jack of
different sizes. Based on this information, this action may reduce the
economic profits of these 165 vessels.
The action to establish a commercial trip limit of 500 lb (227 kg)
for the other jacks complex is expected to directly regulate
approximately 210 vessels. These vessels' average annual gross revenues
were $69,363 per vessel from 2012 through 2016. Average annual net
revenue from operations for these vessels was approximately 4 percent
of their average annual gross revenue from 2014 through 2016.
Therefore, annual net revenue from operations for these vessels is
estimated to be about $2,800 per vessel. Given the proposed commercial
minimum size limit for almaco jack discussed in the previous action,
establishing a commercial trip limit for the other jacks complex is
expected to result in a reduction of $28 in average annual gross
revenue per vessel, or about 1 percent of the average annual economic
profit. However, establishing a minimum size limit is also expected to
increase costs, which would decrease economic profit even further. The
magnitude of the increase in costs depends on how much additional
effort commercial vessels must exert to maintain their landings and
revenues. Therefore, economic profit for these vessels is expected to
be reduced.
The action to remove the 12-inch (30.5-cm) TL commercial minimum
size limit for queen snapper, silk snapper, and blackfin snapper is
expected to directly regulate approximately 94 vessels. These vessels'
average annual gross revenues were $93,154 per vessel from 2012 through
2016. Average annual net revenue from operations for these vessels was
approximately 4 percent of their average annual gross revenue from 2014
through 2016. Thus, annual net revenue from operations for these
vessels is estimated to be about $3,700 per vessel. This action is
expected to result in a minimal increase in landings of queen snapper,
silk snapper, and blackfin snapper. However, commercial fishing vessels
have only harvested about 43 percent of the commercial ACL for the
deep-water complex since blueline tilefish was removed from that
complex. Therefore, landings of queen snapper, silk snapper, and
blackfin snapper could increase significantly without any concern of
exceeding the commercial ACL for the deep-water complex. Further, with
the elimination of the minimum size limit, vessels would be able to
increase their landings per unit of effort for these species, thereby
decreasing the cost per pound of fish landed. Therefore, this action
would be expected to increase the economic profit of these vessels to
some extent.
The action to reduce the commercial minimum size limit for gray
triggerfish in the EEZ off the east coast of Florida from 14 inches
(35.6 cm) to 12 inches (30.5 cm) FL is expected to directly regulate
approximately 213 vessels. These vessels' average annual gross revenues
were $65,661 per vessel from 2012 through 2016. Average annual net
revenue from operations for these vessels was approximately 2 percent
of their average annual gross revenue from 2014 through 2016. Thus,
annual net revenue from operations for these vessels is estimated to be
about $1,300 per vessel. This action is expected to result in an
increase in annual gross revenue per vessel of approximately $10, which
would represent an increase the average vessel's economic profit of
about 0.8 percent per year. Reducing the minimum size limit for gray
triggerfish will also allow commercial fishing vessels to harvest these
species with less effort. As such, this action would also be expected
to decrease the cost per pound of harvest, though by how much is
unknown due to the lack of appropriate models. Thus, this action is
expected to result in a modest increase in these vessels' economic
profit.
[[Page 55538]]
Based on the information above, average annual gross revenues for
the 584 active commercial snapper-grouper vessels is expected to
increase by about $33,400, or approximately $57 per vessel, as a result
of all the actions in this proposed rule. This increase represents only
about 0.1 percent of these vessels' average annual gross revenues, but
about 3 percent of their average annual economic profit. Harvesting
costs are expected to significantly decrease for vessels harvesting
vermilion snapper and slightly decrease for vessels harvesting gray
triggerfish, while they are expected to increase for vessels harvesting
greater amberjack, almaco jack, and species in the other jacks complex.
Because of these countervailing effects on harvesting costs, harvesting
costs for many commercial snapper-grouper vessels will likely change
little if at all. Thus, economic profit for the average commercial
snapper-grouper vessel is expected to increase slightly or remain
relatively the same, though some vessels could experience a reduction
in economic profit.
Five alternatives, including the status quo, were considered for
the proposed action to reduce the commercial trip limit for blueline
tilefish from 300 lb (136 kg) to 100 lb (45 kg) from January 1 through
April 30. The status quo alternative and the other four alternatives
were not selected because they are not expected to achieve the
Council's goal of enabling more equitable access to the resource for
fishermen from different areas of the South Atlantic. The status quo
alternative is also not expected to increase economic profits for the
affected small entities.
Two alternatives, including the status quo, were considered for the
proposed action to establish, for snowy grouper, two commercial fishing
seasons of January 1 through June 30 (Season 1) and July 1 through
December 31 (Season 2) within the calendar fishing year, allocate 70
percent of the commercial ACL to Season 1 and 30 percent to Season 2,
and transfer any remaining quota from Season 1 to Season 2. The status
quo alternative and the other alternative were not selected because
they are not expected to achieve the Council's goal of enabling more
equitable access to the resource for fishermen from different areas of
the South Atlantic.
Nine alternatives, including the status quo, were considered for
the proposed action to establish, for greater amberjack, two commercial
fishing seasons of March 1 through August 31 (Season 1) and September 1
through February 31 (Season 2) within the March through February
fishing year, allocate 60 percent of the commercial ACL to Season 1 and
40 percent to Season 2, transfer any remaining quota from Season 1 to
Season 2, and reduce the commercial trip limit from 1,200 lb (545 kg)
in round or gutted weight to 1,000 lb (454 kg) in round or gutted
weight for Season 2. The status quo alternative was not selected
because it is not expected to achieve the Council's goal of enabling
more equitable access to the resource for fishermen from different
areas of the South Atlantic. Six of the other alternatives are expected
to decrease economic profits for the affected small entities more than
the proposed action and thus were not selected. The other two
alternatives are expected to reduce economic profits less than the
proposed action, but were not selected because they are not expected to
achieve the Council's goal of enabling more equitable access to the
resource for fishermen from different areas of the South Atlantic.
For red porgy, seven alternatives, including the status quo, were
considered for the proposed action to remove the sale and purchase
prohibition and the possession limit of three per person per day or
three per person per trip during January 1 to April 30 each year,
specify two commercial fishing seasons of January 1 through April 30
(Season 1) and May 1 through December 31 (Season 2) within the fishing
year, allocate 30 percent of the commercial ACL to Season 1 and 70
percent to Season 2, and establish a commercial trip limit of 60 fish
in Season 1. The status quo was not selected because it is not expected
to achieve the Council's goal of enabling more equitable access to the
resource for fishermen from different areas of the South Atlantic and
is not expected to increase economic profits for the affected small
entities.
Five alternatives, including the status quo, were considered for
the proposed action to remove the trip limit reduction in both seasons
for vermilion snapper. None of these alternatives were selected because
they are expected to result in lower economic profits for the affected
small entities, while three of these alternatives are also expected to
result in significantly higher regulatory costs to the government.
Four alternatives, including the status quo, were considered for
the proposed action to establish a commercial minimum size limit of 20
inches (50.8 cm) FL for almaco jack. The status quo was not selected
because almaco jack less than 20 inches (50.8 cm) FL are not considered
to be of a marketable size (i.e., they are difficult if not impossible
to sell at a price that would not lead to economic losses) and
therefore would likely be discarded. Thus, the status quo alternative
is not expected to achieve the Council's goals of improving the
marketability of certain species and minimizing discards. The other
three alternatives are expected to result in even higher discards,
which is contrary to the Council's goal of minimizing discards, and are
also expected to reduce economic profits for the affected small
entities more than the proposed action.
Three alternatives, including the status quo, were considered for
the proposed action to establish a commercial trip limit of 500 lb (227
kg) for the other jacks complex. The status quo alternative was not
selected as it is not expected to achieve the Council's goal of
enabling more equitable access to the resource for fishermen from
different areas of the South Atlantic. The other two alternatives are
expected to reduce economic profits more than the proposed action and
therefore were not selected.
One alternative, the status quo, was considered for the proposed
action to remove the 12-inch (30.5-cm) TL commercial minimum size limit
for queen snapper, silk snapper, and blackfin snapper. The status quo
alternative was not selected because it is expected to result in higher
discards, which is contrary to the Council's goal of minimizing
discards, and is also expected to result in lower economic profits for
the affected small entities.
One alternative, the status quo, was considered for the proposed
action to reduce the commercial minimum size limit for gray triggerfish
in the EEZ off the east coast of Florida from 14 inches (35.6 cm) to 12
inches (30.5 cm) FL. The status quo alternative was not selected
because it is expected to result in higher discards, which is contrary
to the Council's goal of minimizing discards, and is also expected to
result lower economic profits for the affected small entities.
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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper, South Atlantic.
[[Page 55539]]
Dated: October 7, 2019.
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.
Sec. 622.184 [Amended]
0
2. In Sec. 622.184, remove paragraph (c).
0
3. In Sec. 622.185, revise paragraphs (a)(3) and (c)(2), and add
paragraph (c)(6) to read as follows:
Sec. 622.185 Size limits.
* * * * *
(a) * * *
(3) Cubera, gray, and yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
(c) * * *
(2) Gray triggerfish. (i) For a fish taken by a person not subject
to the bag limit specified in Sec. 622.187(b)(8)--12 inches (30.5 cm),
FL.
(ii) For a fish taken by a person that is subject to the bag limit
specified in Sec. 622.187(b)(8)--(A) In the South Atlantic EEZ off
Florida--14 inches (35.6 cm), FL.
(B) In the South Atlantic EEZ off North Carolina, South Carolina,
and Georgia--12 inches (30.5 cm), FL.
* * * * *
(6) Almaco jack. For a fish taken by a person not subject to the
bag limit specified in Sec. 622.187(b)(8)--20 inches (50.8 cm), FL.
0
4. In Sec. 622.190, revise paragraphs (a)(1), (3), and (6) to read as
follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(1) Snowy grouper--(i) For the period January 1 through June 30
each year--107,754 lb (48,876 kg).
(ii) For the period July 1 through December 31 each year--46,181 lb
(20,947 kg).
(iii) Any unused portion of the quota specified in paragraph
(a)(1)(i) of this section will be added to the quota specified in
paragraph (a)(1)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(1)(ii) of this section, including any
addition of quota specified in paragraph (a)(1)(i) of this section that
was unused, will become void and will not be added to any subsequent
quota.
* * * * *
(3) Greater amberjack--(i) For the period March 1 through August 31
each year--461,633 lb (209,393 kg).
(ii) For the period September 1 through the end of February each
year--307,755 lb (139,595 kg).
(iii) Any unused portion of the quota specified in paragraph
(a)(3)(i) of this section will be added to the quota specified in
paragraph (a)(3)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(3)(ii) of this section, including any
addition of quota specified in paragraph (a)(3)(i) of this section that
was unused, will become void and will not be added to any subsequent
quota.
* * * * *
(6) Red porgy--(i) For the period January 1 through April 30 each
year--47,308 lb (21,458 kg), gutted weight; 49,200 lb (22,317 kg),
round weight.
(ii) For the period May 1 through December 31 each year--110,384 lb
(50,069 kg), gutted weight; 114,800 lb (52,072 kg), round weight.
(iii) Any unused portion of the quota specified in paragraph
(a)(6)(i) of this section will be added to the quota specified in
paragraph (a)(6)(ii) of this section. Any unused portion of the quota
specified in paragraph (a)(6)(ii) of this section, including any
addition of quota specified in paragraph (a)(6)(i) of this section that
was unused, will become void and will not be added to any subsequent
quota.
* * * * *
0
5. In Sec. 622.191, revise paragraphs (a)(4) through (6), (10), and
add paragraph (a)(14) to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(4) Red porgy. The following commercial trip limits apply until the
applicable commercial quota specified in Sec. 622.190(a)(6) is
reached. See Sec. 622.190(c)(1) for the limitations regarding red
porgy after the applicable commercial quota is reached.
(i) From January 1 through April 30--60 fish.
(ii) From May 1 through December 31--120 fish.
(5) Greater amberjack. The following commercial trip limits apply
until the applicable commercial quota specified in Sec. 622.190(a)(3)
is reached. See Sec. 622.190(c)(1) for the limitations regarding
greater amberjack after the applicable commercial quota is reached.
(i) From March 1 through August 31--1,200 lb (544 kg).
(ii) From September 1 through the end of February--1,000 lb (454
kg).
(6) Vermilion snapper. Until the applicable commercial quota
specified in Sec. 622.190(a)(4) is reached--1,000 lb (454 kg), gutted
weight. See Sec. 622.190(c)(1) for the limitations regarding vermilion
snapper after the applicable commercial quota is reached.
* * * * *
(10) Blueline tilefish. The following commercial trip limits apply
until the commercial ACL specified in Sec. 622.193(z)(1)(i) is
reached. See Sec. 622.193(z)(1)(i) for the limitations regarding
blueline tilefish after the commercial ACL is reached.
(i) From January 1 through April 30--100 lb (45 kg), gutted weight;
106 lb (48 kg), round weight.
(ii) From May 1 through December 31--300 lb (136 kg), gutted
weight; 318 lb (144 kg), round weight.
* * * * *
(14) Other jacks complex (lesser amberjack, almaco jack, and banded
rudderfish). Until the commercial ACL specified in Sec.
622.193(l)(1)(i) is reached--500 lb (227 kg), gutted weight; 520 lb
(236 kg), round weight. See Sec. 622.193(l)(1)(i) for the limitations
regarding the other jacks complex after the commercial ACL is reached.
* * * * *
[FR Doc. 2019-22197 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-22-P
