Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 30, 57840-57843 [2019-23437]
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Proposed Rules
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed approval of
Virginia’s state plan submittal for
existing MSW landfills does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the state
plan is not approved to apply in Indian
country located in the state, and EPA
notes that it will not impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Landfills, Methane, Ozone, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 18, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019–23515 Filed 10–28–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 191022–0068]
RIN 0648–BJ31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 30
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
Regulatory Amendment 30 to the
Fishery Management Plan 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). For red grouper, this
proposed rule would modify the
spawning season closures for the
commercial and recreational sectors in
the exclusive economic zone (EEZ) off
North Carolina and South Carolina and
establish a commercial trip limit.
Additionally, Regulatory Amendment
30 would revise the rebuilding schedule
for red grouper. The purpose of this
proposed rule and Regulatory
Amendment 30 is to modify the
rebuilding schedule and extend
protections for red grouper.
DATES: Written comments on the
proposed rule must be received by
November 29, 2019.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2019–0117,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic comments via the Federal
e-Rulemaking Portal. Go to https://
www.regulations.gov/docket?D=NOAANMFS-2019-0117, 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
SUMMARY:
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and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Regulatory
Amendment 30 may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
regulatory-amendment-30-red-grouperrebuilding-plan. Regulatory Amendment
30 includes an environmental
assessment, a regulatory impact review,
and an 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 red
grouper, among 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
In 2010, a Southeast Data, Assessment
and Review (SEDAR) benchmark
assessment (SEDAR 19, 2010) was
completed for South Atlantic red
grouper. Based on the results of SEDAR
19, NMFS determined that red grouper
was overfished and undergoing
overfishing. Amendment 24 to the
Snapper-Grouper FMP established a 10year rebuilding plan that began in 2011,
with an end date of 2020 (77 FR 34254;
June 11, 2012). Management measures
implemented through Amendment 24
modified red grouper commercial and
recreational annual catch limits (ACLs),
and sector-specific accountability
measures (AMs). Amendment 24 also
removed the combined gag, black
grouper, and red grouper commercial
quota as well as the commercial and
recreational ACLs and AMs.
A stock assessment update (SEDAR
53) for red grouper was completed in
February 2017 using data through 2015.
SEDAR 53 indicated the stock was still
overfished and undergoing overfishing,
and that stock rebuilding would not be
possible by 2020, which is the terminal
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year of the current rebuilding plan.
Therefore, on September 27, 2017,
NMFS sent a letter to the Council stating
that the South Atlantic red grouper
stock was overfished and undergoing
overfishing and not making adequate
progress towards rebuilding. The
Magnuson-Stevens Act requires the
implementation of management
measures to end overfishing
immediately and revise or implement a
rebuilding plan within 2 years of
notification by NMFS to the Council of
this stock status. NMFS implemented
actions in Abbreviated Framework
Amendment 1 to the FMP on August 27,
2018 (83 FR 35435), to immediately end
overfishing of red grouper by reducing
the total, commercial, and recreational
ACLs based on the acceptable biological
catch recommendation from the
Council’s Scientific and Statistical
Committee.
Continued harvest at the levels
specified in Abbreviated Framework
Amendment 1 is expected to allow for
rebuilding the red grouper stock within
10 years, but because the stock is not
projected to fully rebuild by 2020
(SEDAR 53), the Council must revise the
current rebuilding plan so the stock
rebuilds in the timeframe mandated by
the Magnuson-Stevens Act. Regulatory
Amendment 30 addresses the proposed
revision to the rebuilding plan and is
discussed below.
The proposed rule for Regulatory
Amendment 30 would extend the red
grouper spawning season prohibition for
the commercial and recreational sectors
in the EEZ off North Carolina and South
Carolina in response to stakeholder
concerns that red grouper are often
found in spawning condition past the
January through April shallow-water
grouper spawning season closure,
particularly in May. The proposed rule
also establishes a commercial trip limit
for red grouper to help rebuild the stock
and discourage direct fishing for the
species.
Management Measures Contained in
This Proposed Rule
For red grouper, this proposed rule
would modify the spawning season
closure for the commercial and
recreational sectors in the EEZ off North
Carolina and South Carolina, and
establish a commercial trip limit.
Commercial and Recreational Spawning
Season Closure
Currently, the commercial and
recreational spawning season closure for
shallow-water groupers, which includes
red grouper, is January through April
each year throughout the South Atlantic
EEZ. In the EEZ off North Carolina and
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South Carolina, red grouper spawning
occurs during February through June
and peaks in April. This proposed rule
would extend the January through April
spawning season closure for red grouper
through May in the EEZ off North
Carolina and South Carolina for both the
commercial and recreational sectors.
This action was developed in
response to stakeholder concerns that
red grouper are often found in spawning
condition past the January through
April shallow-water grouper spawning
season closure, particularly in May, in
the EEZ off North Carolina and South
Carolina. The Council did not propose
a similar May closure for the EEZ off
Georgia or Florida in Regulatory
Amendment 30 based on stakeholder
feedback that red grouper spawn earlier
in the year in the southern part of the
Council’s jurisdiction. Additionally, the
Council noted that there are minimal
landings of red grouper in Georgia,
which would preclude the need to
extend the closure past April in the EEZ
off that state. This proposed rule would
also extend the prohibition on
commercial sale and purchase of red
grouper in the EEZ off South Carolina
and North Carolina from January
through May as part of the revised
spawning season closure.
Commercial Trip Limit
There is currently no commercial trip
limit for red grouper in the South
Atlantic. This proposed rule would
establish a commercial trip limit for red
grouper harvested in the South Atlantic
EEZ of 200 lb (91 kg), gutted weight.
The Council determined that the
proposed trip limit would help to
rebuild the red grouper stock by
discouraging directed commercial
fishing for the species. However, the
proposed trip limit would likely not
substantially reduce the current level of
commercial harvest of red grouper as
the majority of trips historically have
landed less than 200 lb (91 kg) of red
grouper. The trip limit would minimize
adverse socio-economic effects by
allowing fishers to retain red grouper
caught incidentally when fishing for
other snapper-grouper species. The
Council selected a commercial trip limit
that in combination with extending the
spawning season closure for red grouper
off North Carolina and South Carolina
would constrain harvest to help rebuild
the stock. Further, the Council chose a
trip limit that was large enough to allow
fishers for whom red grouper are an
important species (such as those in
South Florida and the Florida Keys) to
maintain some trip profitability.
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Measures in Regulatory Amendment 30
Not Codified in This Proposed Rule
The Council selected a 10-year
rebuilding plan for red grouper in
Regulatory Amendment 30, which is the
maximum allowed under the
Magnuson-Stevens Act, and would
begin in 2019 (Year 1) and end in 2028
(Year 10). The Council determined that
a longer time period for red grouper to
rebuild would better accommodate the
uncertainty relative to recruitment and
stock productivity. As described in
Regulatory Amendment 30, the red
grouper stock has been experiencing
multiple years of low recruitment (as
evidenced by the SEDAR 53 stock
assessment), and the lack of stock
rebuilding progress may largely be due
to ecosystem-related factors.
Implementation of reduced total and
sector ACLs beginning in 2018, which
was specified in Abbreviated
Framework Amendment 1, is expected
to end overfishing of South Atlantic red
grouper. Given that poor recruitment
appears to be the primary factor
currently affecting stock rebuilding, and
the projections upon which the
rebuilding schedules alternatives in
Regulatory Amendment 30 are based
assumed long-term average recruitment,
the Council selected the alternative for
the longest rebuilding schedule (10
years) to account for the possibility that
future recruitment might be lower than
assumed in the projections.
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 the Snapper-Grouper FMP, the
Magnuson-Stevens Act, and other
applicable laws, subject to further
consideration after public comment.
This rule has been determined to be
not significant for purposes of Executive
Order 12866. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
E.O. 12866.
NMFS prepared an IRFA, as required
by section 603 of the RFA, for this
proposed rule. The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, the objectives of, and
legal basis for this action are contained
at the beginning of this section 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 Magnuson-Stevens Act provides
the statutory basis for this proposed
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rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. A description of this
proposed rule and its purpose and need
are contained in the SUMMARY section of
the preamble.
The rule concerns commercial and
recreational fishing for red grouper in
Federal waters of the South Atlantic. It
directly effects both anglers
(recreational fishers) and commercial
fishing businesses that harvest red
grouper in the South Atlantic EEZ.
Anglers are not considered small
entities as that term is defined in 5
U.S.C. 601(6), whether fishing from forhire fishing, private, or leased vessels.
Therefore, neither estimates of the
number of anglers nor the impacts on
them are required or provided in this
analysis.
Any business that operates a
commercial fishing vessel that harvests
red grouper in the South Atlantic EEZ
must have a valid Federal snappergrouper permit attached to that vessel.
From 2013 through 2017, an annual
average of 225 commercially permitted
vessels reported landings of red grouper.
That annual average declined to 210
from 2015 through 2017. Those two
annual averages are used to estimate the
range of vessels. NMFS expects all of
the businesses with the 210 to 225
vessels operate primarily in the
commercial fishing industry. For RFA
purposes, NMFS has established a small
business size standard for businesses,
including their affiliates, whose primary
industry is commercial fishing (see 50
CFR 200.2). A business primarily
involved in commercial fishing (NAICS
11411) is classified as a small business
if it is independently owned and
operated, is not dominant in its field of
operation (including its affiliates), and
its combined annual receipts are not in
excess of $11 million for all of its
affiliated operations worldwide. The
average annual total revenue for a vessel
that lands red grouper is substantially
less than that. Moreover, none of the
permitted vessels that landed red
grouper had annual revenue close to or
greater than $11 million. Hence, all of
the businesses that operate permitted
vessels that land red grouper are small.
This rule would not impose
additional reporting or record-keeping
requirements on small businesses. The
action in Regulatory Amendment 30 to
change the rebuilding schedule would
have an indirect impact on small
businesses but that impact is dependent
on subsequent actions. The action to
revise the seasonal closure for the
recreational sector would have a direct
impact on anglers, but as explained
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previously, anglers are not small
entities.
The action to revise the seasonal
closure for the commercial sector would
add the month of May to the current
January through April prohibition on
fishing for and possession of red
grouper in Federal waters off North
Carolina and South Carolina. That
additional month would eliminate from
6,956 lb (3,155 kg), gutted weight, to
12,477 lb (6,660 kg), gutted weight, of
red grouper commercially landed in
May, and the average annual loss per
Carolina vessel that lands red grouper in
May would range from 141 lb (64 kg),
gutted weight, to 210 lb (95 kg), gutted
weight, and from $649 to $977 (2017
dollars). However, when differentiated
by state, the action would reduce the
average North Carolina vessel’s annual
revenue by $497 to $649 (2017 dollars)
(1.3 percent to 1.8 percent) and reduce
the average South Carolina vessel’s
annual revenue by $713 to $977 (2017
dollars) (0.6 percent to 0.7 percent).
Finally, the last action would
establish a 200-lb (91 kg), gutted weight,
commercial trip limit in Federal waters
of the South Atlantic in effect when
fishing is allowed. From 2013 through
2017, an annual average of nine vessels
landed more than 200 lb (91 kg), gutted
weight, of red grouper in North Carolina
and South Carolina from June through
December. Those nine vessels represent
from 9.7 percent to 11.9 percent of the
vessels that land red grouper annually
in North Carolina and South Carolina.
The proposed trip limit would reduce
average landings by 107–117 lb (49–53
kg), gutted weight, per trip and average
dockside revenue from $498 to $538
(2017 dollars). Those losses represent
less than 1 percent of average annual
revenues for North Carolina and South
Carolina vessels.
An annual average of three vessels
make seven trips that land more than
200 lb (91 kg), gutted weight, of red
grouper in Georgia and Florida from
May through December. Those three
Florida/Georgia vessels represent from
2.1 percent to 2.2 percent of permitted
vessels that land red grouper in Georgia
and Florida annually. NMFS estimates
that each of the three vessels would lose
from $3,441 to $3,471 (2017 dollars) in
dockside revenue annually. Those
figures represent from 6.5 percent to 6.6
percent of the average Florida/Georgia
vessel’s dockside revenue from all
landings; however, the three vessels
have annual revenues substantially
greater than the average for the 134 to
143 Florida/Georgia vessels that land
red grouper annually.
NMFS concludes this rule may have
a significant economic impact on a
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substantial number of small commercial
fishing businesses that operate federally
permitted fishing vessels that harvest
red grouper from the South Atlantic
EEZ.
Four alternatives to adding May to the
current 4-month January through April
prohibition on fishing for or possessing
red grouper in Federal waters off North
Carolina and South Carolina were
considered, but were not selected. The
first alternative, the status quo, would
have no impact on small businesses.
Two non-selected alternatives would
change the timing of the 4-month
prohibition: From either February
through May or March through June. A
prohibition from February through May
would have a smaller adverse impact
than the selected alternative; however, it
would have a smaller beneficial impact
on the stock because snapper-grouper
fishing off North Carolina and South
Carolina is at its lowest from January
through March. A March through June
prohibition would extend into the red
grouper season that is in Federal waters
off North Carolina and off South
Carolina, and its adverse impact would
be larger than the selected alternative.
The fourth non-selected alternative
would establish a 6-month prohibition
that would have the largest adverse
economic impact of all alternatives.
Four alternatives to a 200-lb (91-kg),
gutted weight, trip limit were
considered, but were not selected. In
addition to the status quo of no
commercial trip limit, three other
alternatives would have established
smaller trip limits. Those three
alternatives would have a larger adverse
economic impact than the selected
alternative.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Red
grouper, Seasonal prohibition, South
Atlantic, Trip limits.
Dated: October 22, 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, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, revise paragraph (b)(1)
to read as follows:
■
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§ 622.183
Area and seasonal closures.
*
*
*
*
*
(b) * * *
(1) Seasonal closure of the
commercial and recreational sectors for
gag and associated grouper species.
During January through April each year,
no person may fish for, harvest, or
possess in or from the South Atlantic
EEZ any South Atlantic shallow-water
grouper (SASWG): Gag, black grouper,
red grouper, scamp, red hind, rock hind,
yellowmouth grouper, yellowfin
grouper, graysby, and coney. For a
person on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, these prohibitions against
fishing, harvesting, or possessing apply
in the South Atlantic, i.e., in state or
Federal waters. Additionally, in the
month of May, no person may fish for,
harvest, or possess any South Atlantic
red grouper in or from the South
Atlantic EEZ off North Carolina or off
South Carolina. For a person on board
a vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, these
prohibitions against fishing, harvesting,
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or possessing red grouper in May apply
in state waters off North Carolina and
off South Carolina.
*
*
*
*
*
■ 3. In § 622.191, add paragraph (a)(14)
to read as follows:
§ 622.191
Commercial trip limits.
(a) * * *
(14) Red grouper. Until the
commercial ACL specified in
§ 622.193(d)(1)(iii) is reached—200 lb
(91 kg), gutted weight; 236 lb (107 kg),
round weight. See § 622.193(d)(1) for
the limitations regarding red grouper
after the commercial ACL is reached.
*
*
*
*
*
■ 4. In § 622.192, revise paragraph (h) to
read as follows:
§ 622.192
Restrictions on sale/purchase.
*
*
*
*
*
(h) During January through April, no
person may sell or purchase a gag, black
grouper, red grouper, scamp, red hind,
rock hind, yellowmouth grouper,
yellowfin grouper, graysby, or coney
harvested from or possessed in the
South Atlantic EEZ or, if harvested or
possessed by a vessel for which a valid
Federal commercial permit for South
Atlantic snapper-grouper has been
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57843
issued, harvested from the South
Atlantic, i.e., in state or Federal waters.
Additionally, in the month of May, no
person may sell or purchase South
Atlantic red grouper harvested from or
possessed in the South Atlantic EEZ off
North Carolina or off South Carolina, or,
if harvested or possessed by a vessel for
which a valid Federal commercial
permit for South Atlantic snappergrouper has been issued, harvested in or
from the EEZ or state waters off North
Carolina or off South Carolina. The
prohibitions on sale and purchase
during January through May do not
apply to such species that were
harvested, landed ashore, and sold prior
to January 1 and were held in cold
storage by a dealer or processor. These
prohibitions also do not apply to a
dealer’s purchase or sale of such species
harvested from an area other than the
South Atlantic, provided such fish are
accompanied by documentation of
harvest outside the South Atlantic. The
requirements for such documentation
are specified in paragraph (i) of this
section.
*
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*
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*
[FR Doc. 2019–23437 Filed 10–28–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Proposed Rules]
[Pages 57840-57843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23437]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 191022-0068]
RIN 0648-BJ31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory
Amendment 30
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Regulatory Amendment 30 to the Fishery Management Plan 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). For red grouper, this proposed rule would modify the
spawning season closures for the commercial and recreational sectors in
the exclusive economic zone (EEZ) off North Carolina and South Carolina
and establish a commercial trip limit. Additionally, Regulatory
Amendment 30 would revise the rebuilding schedule for red grouper. The
purpose of this proposed rule and Regulatory Amendment 30 is to modify
the rebuilding schedule and extend protections for red grouper.
DATES: Written comments on the proposed rule must be received by
November 29, 2019.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2019-0117,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0117, 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), 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 30 may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-30-red-grouper-rebuilding-plan. Regulatory Amendment 30 includes an environmental
assessment, a regulatory impact review, and an 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
red grouper, among 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
In 2010, a Southeast Data, Assessment and Review (SEDAR) benchmark
assessment (SEDAR 19, 2010) was completed for South Atlantic red
grouper. Based on the results of SEDAR 19, NMFS determined that red
grouper was overfished and undergoing overfishing. Amendment 24 to the
Snapper-Grouper FMP established a 10-year rebuilding plan that began in
2011, with an end date of 2020 (77 FR 34254; June 11, 2012). Management
measures implemented through Amendment 24 modified red grouper
commercial and recreational annual catch limits (ACLs), and sector-
specific accountability measures (AMs). Amendment 24 also removed the
combined gag, black grouper, and red grouper commercial quota as well
as the commercial and recreational ACLs and AMs.
A stock assessment update (SEDAR 53) for red grouper was completed
in February 2017 using data through 2015. SEDAR 53 indicated the stock
was still overfished and undergoing overfishing, and that stock
rebuilding would not be possible by 2020, which is the terminal
[[Page 57841]]
year of the current rebuilding plan. Therefore, on September 27, 2017,
NMFS sent a letter to the Council stating that the South Atlantic red
grouper stock was overfished and undergoing overfishing and not making
adequate progress towards rebuilding. The Magnuson-Stevens Act requires
the implementation of management measures to end overfishing
immediately and revise or implement a rebuilding plan within 2 years of
notification by NMFS to the Council of this stock status. NMFS
implemented actions in Abbreviated Framework Amendment 1 to the FMP on
August 27, 2018 (83 FR 35435), to immediately end overfishing of red
grouper by reducing the total, commercial, and recreational ACLs based
on the acceptable biological catch recommendation from the Council's
Scientific and Statistical Committee.
Continued harvest at the levels specified in Abbreviated Framework
Amendment 1 is expected to allow for rebuilding the red grouper stock
within 10 years, but because the stock is not projected to fully
rebuild by 2020 (SEDAR 53), the Council must revise the current
rebuilding plan so the stock rebuilds in the timeframe mandated by the
Magnuson-Stevens Act. Regulatory Amendment 30 addresses the proposed
revision to the rebuilding plan and is discussed below.
The proposed rule for Regulatory Amendment 30 would extend the red
grouper spawning season prohibition for the commercial and recreational
sectors in the EEZ off North Carolina and South Carolina in response to
stakeholder concerns that red grouper are often found in spawning
condition past the January through April shallow-water grouper spawning
season closure, particularly in May. The proposed rule also establishes
a commercial trip limit for red grouper to help rebuild the stock and
discourage direct fishing for the species.
Management Measures Contained in This Proposed Rule
For red grouper, this proposed rule would modify the spawning
season closure for the commercial and recreational sectors in the EEZ
off North Carolina and South Carolina, and establish a commercial trip
limit.
Commercial and Recreational Spawning Season Closure
Currently, the commercial and recreational spawning season closure
for shallow-water groupers, which includes red grouper, is January
through April each year throughout the South Atlantic EEZ. In the EEZ
off North Carolina and South Carolina, red grouper spawning occurs
during February through June and peaks in April. This proposed rule
would extend the January through April spawning season closure for red
grouper through May in the EEZ off North Carolina and South Carolina
for both the commercial and recreational sectors.
This action was developed in response to stakeholder concerns that
red grouper are often found in spawning condition past the January
through April shallow-water grouper spawning season closure,
particularly in May, in the EEZ off North Carolina and South Carolina.
The Council did not propose a similar May closure for the EEZ off
Georgia or Florida in Regulatory Amendment 30 based on stakeholder
feedback that red grouper spawn earlier in the year in the southern
part of the Council's jurisdiction. Additionally, the Council noted
that there are minimal landings of red grouper in Georgia, which would
preclude the need to extend the closure past April in the EEZ off that
state. This proposed rule would also extend the prohibition on
commercial sale and purchase of red grouper in the EEZ off South
Carolina and North Carolina from January through May as part of the
revised spawning season closure.
Commercial Trip Limit
There is currently no commercial trip limit for red grouper in the
South Atlantic. This proposed rule would establish a commercial trip
limit for red grouper harvested in the South Atlantic EEZ of 200 lb (91
kg), gutted weight. The Council determined that the proposed trip limit
would help to rebuild the red grouper stock by discouraging directed
commercial fishing for the species. However, the proposed trip limit
would likely not substantially reduce the current level of commercial
harvest of red grouper as the majority of trips historically have
landed less than 200 lb (91 kg) of red grouper. The trip limit would
minimize adverse socio-economic effects by allowing fishers to retain
red grouper caught incidentally when fishing for other snapper-grouper
species. The Council selected a commercial trip limit that in
combination with extending the spawning season closure for red grouper
off North Carolina and South Carolina would constrain harvest to help
rebuild the stock. Further, the Council chose a trip limit that was
large enough to allow fishers for whom red grouper are an important
species (such as those in South Florida and the Florida Keys) to
maintain some trip profitability.
Measures in Regulatory Amendment 30 Not Codified in This Proposed Rule
The Council selected a 10-year rebuilding plan for red grouper in
Regulatory Amendment 30, which is the maximum allowed under the
Magnuson-Stevens Act, and would begin in 2019 (Year 1) and end in 2028
(Year 10). The Council determined that a longer time period for red
grouper to rebuild would better accommodate the uncertainty relative to
recruitment and stock productivity. As described in Regulatory
Amendment 30, the red grouper stock has been experiencing multiple
years of low recruitment (as evidenced by the SEDAR 53 stock
assessment), and the lack of stock rebuilding progress may largely be
due to ecosystem-related factors.
Implementation of reduced total and sector ACLs beginning in 2018,
which was specified in Abbreviated Framework Amendment 1, is expected
to end overfishing of South Atlantic red grouper. Given that poor
recruitment appears to be the primary factor currently affecting stock
rebuilding, and the projections upon which the rebuilding schedules
alternatives in Regulatory Amendment 30 are based assumed long-term
average recruitment, the Council selected the alternative for the
longest rebuilding schedule (10 years) to account for the possibility
that future recruitment might be lower than assumed in the projections.
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 the Snapper-Grouper FMP, the Magnuson-Stevens Act, and
other applicable laws, subject to further consideration after public
comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule is not an Executive Order 13771
regulatory action because this rule is not significant under E.O.
12866.
NMFS prepared an IRFA, as required by section 603 of the RFA, for
this proposed rule. The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, the objectives of, and legal
basis for this action are contained at the beginning of this section 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 Magnuson-Stevens Act provides the statutory basis for this
proposed
[[Page 57842]]
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. A description of this proposed rule and its purpose
and need are contained in the SUMMARY section of the preamble.
The rule concerns commercial and recreational fishing for red
grouper in Federal waters of the South Atlantic. It directly effects
both anglers (recreational fishers) and commercial fishing businesses
that harvest red grouper in the South Atlantic EEZ.
Anglers are not considered small entities as that term is defined
in 5 U.S.C. 601(6), whether fishing from for-hire fishing, private, or
leased vessels. Therefore, neither estimates of the number of anglers
nor the impacts on them are required or provided in this analysis.
Any business that operates a commercial fishing vessel that
harvests red grouper in the South Atlantic EEZ must have a valid
Federal snapper-grouper permit attached to that vessel.
From 2013 through 2017, an annual average of 225 commercially
permitted vessels reported landings of red grouper. That annual average
declined to 210 from 2015 through 2017. Those two annual averages are
used to estimate the range of vessels. NMFS expects all of the
businesses with the 210 to 225 vessels operate primarily in the
commercial fishing industry. For RFA purposes, NMFS has established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). A business primarily involved in commercial fishing (NAICS
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. The average
annual total revenue for a vessel that lands red grouper is
substantially less than that. Moreover, none of the permitted vessels
that landed red grouper had annual revenue close to or greater than $11
million. Hence, all of the businesses that operate permitted vessels
that land red grouper are small.
This rule would not impose additional reporting or record-keeping
requirements on small businesses. The action in Regulatory Amendment 30
to change the rebuilding schedule would have an indirect impact on
small businesses but that impact is dependent on subsequent actions.
The action to revise the seasonal closure for the recreational sector
would have a direct impact on anglers, but as explained previously,
anglers are not small entities.
The action to revise the seasonal closure for the commercial sector
would add the month of May to the current January through April
prohibition on fishing for and possession of red grouper in Federal
waters off North Carolina and South Carolina. That additional month
would eliminate from 6,956 lb (3,155 kg), gutted weight, to 12,477 lb
(6,660 kg), gutted weight, of red grouper commercially landed in May,
and the average annual loss per Carolina vessel that lands red grouper
in May would range from 141 lb (64 kg), gutted weight, to 210 lb (95
kg), gutted weight, and from $649 to $977 (2017 dollars). However, when
differentiated by state, the action would reduce the average North
Carolina vessel's annual revenue by $497 to $649 (2017 dollars) (1.3
percent to 1.8 percent) and reduce the average South Carolina vessel's
annual revenue by $713 to $977 (2017 dollars) (0.6 percent to 0.7
percent).
Finally, the last action would establish a 200-lb (91 kg), gutted
weight, commercial trip limit in Federal waters of the South Atlantic
in effect when fishing is allowed. From 2013 through 2017, an annual
average of nine vessels landed more than 200 lb (91 kg), gutted weight,
of red grouper in North Carolina and South Carolina from June through
December. Those nine vessels represent from 9.7 percent to 11.9 percent
of the vessels that land red grouper annually in North Carolina and
South Carolina. The proposed trip limit would reduce average landings
by 107-117 lb (49-53 kg), gutted weight, per trip and average dockside
revenue from $498 to $538 (2017 dollars). Those losses represent less
than 1 percent of average annual revenues for North Carolina and South
Carolina vessels.
An annual average of three vessels make seven trips that land more
than 200 lb (91 kg), gutted weight, of red grouper in Georgia and
Florida from May through December. Those three Florida/Georgia vessels
represent from 2.1 percent to 2.2 percent of permitted vessels that
land red grouper in Georgia and Florida annually. NMFS estimates that
each of the three vessels would lose from $3,441 to $3,471 (2017
dollars) in dockside revenue annually. Those figures represent from 6.5
percent to 6.6 percent of the average Florida/Georgia vessel's dockside
revenue from all landings; however, the three vessels have annual
revenues substantially greater than the average for the 134 to 143
Florida/Georgia vessels that land red grouper annually.
NMFS concludes this rule may have a significant economic impact on
a substantial number of small commercial fishing businesses that
operate federally permitted fishing vessels that harvest red grouper
from the South Atlantic EEZ.
Four alternatives to adding May to the current 4-month January
through April prohibition on fishing for or possessing red grouper in
Federal waters off North Carolina and South Carolina were considered,
but were not selected. The first alternative, the status quo, would
have no impact on small businesses. Two non-selected alternatives would
change the timing of the 4-month prohibition: From either February
through May or March through June. A prohibition from February through
May would have a smaller adverse impact than the selected alternative;
however, it would have a smaller beneficial impact on the stock because
snapper-grouper fishing off North Carolina and South Carolina is at its
lowest from January through March. A March through June prohibition
would extend into the red grouper season that is in Federal waters off
North Carolina and off South Carolina, and its adverse impact would be
larger than the selected alternative. The fourth non-selected
alternative would establish a 6-month prohibition that would have the
largest adverse economic impact of all alternatives.
Four alternatives to a 200-lb (91-kg), gutted weight, trip limit
were considered, but were not selected. In addition to the status quo
of no commercial trip limit, three other alternatives would have
established smaller trip limits. Those three alternatives would have a
larger adverse economic impact than the selected alternative.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Red grouper, Seasonal prohibition,
South Atlantic, Trip limits.
Dated: October 22, 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, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.183, revise paragraph (b)(1) to read as follows:
[[Page 57843]]
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(1) Seasonal closure of the commercial and recreational sectors for
gag and associated grouper species. During January through April each
year, no person may fish for, harvest, or possess in or from the South
Atlantic EEZ any South Atlantic shallow-water grouper (SASWG): Gag,
black grouper, red grouper, scamp, red hind, rock hind, yellowmouth
grouper, yellowfin grouper, graysby, and coney. For a person on board a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, these
prohibitions against fishing, harvesting, or possessing apply in the
South Atlantic, i.e., in state or Federal waters. Additionally, in the
month of May, no person may fish for, harvest, or possess any South
Atlantic red grouper in or from the South Atlantic EEZ off North
Carolina or off South Carolina. For a person on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, these prohibitions
against fishing, harvesting, or possessing red grouper in May apply in
state waters off North Carolina and off South Carolina.
* * * * *
0
3. In Sec. 622.191, add paragraph (a)(14) to read as follows:
Sec. 622.191 Commercial trip limits.
(a) * * *
(14) Red grouper. Until the commercial ACL specified in Sec.
622.193(d)(1)(iii) is reached--200 lb (91 kg), gutted weight; 236 lb
(107 kg), round weight. See Sec. 622.193(d)(1) for the limitations
regarding red grouper after the commercial ACL is reached.
* * * * *
0
4. In Sec. 622.192, revise paragraph (h) to read as follows:
Sec. 622.192 Restrictions on sale/purchase.
* * * * *
(h) During January through April, no person may sell or purchase a
gag, black grouper, red grouper, scamp, red hind, rock hind,
yellowmouth grouper, yellowfin grouper, graysby, or coney harvested
from or possessed in the South Atlantic EEZ or, if harvested or
possessed by a vessel for which a valid Federal commercial permit for
South Atlantic snapper-grouper has been issued, harvested from the
South Atlantic, i.e., in state or Federal waters. Additionally, in the
month of May, no person may sell or purchase South Atlantic red grouper
harvested from or possessed in the South Atlantic EEZ off North
Carolina or off South Carolina, or, if harvested or possessed by a
vessel for which a valid Federal commercial permit for South Atlantic
snapper-grouper has been issued, harvested in or from the EEZ or state
waters off North Carolina or off South Carolina. The prohibitions on
sale and purchase during January through May do not apply to such
species that were harvested, landed ashore, and sold prior to January 1
and were held in cold storage by a dealer or processor. These
prohibitions also do not apply to a dealer's purchase or sale of such
species harvested from an area other than the South Atlantic, provided
such fish are accompanied by documentation of harvest outside the South
Atlantic. The requirements for such documentation are specified in
paragraph (i) of this section.
* * * * *
[FR Doc. 2019-23437 Filed 10-28-19; 8:45 am]
BILLING CODE 3510-22-P
