Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic Region; Regulatory Amendment 30, 6825-6828 [2020-01917]
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish
any time during the fishing year may
not harvest or possess red snapper in or
from the Gulf EEZ when the Federal
charter vessel/headboat component is
closed. For the 2019 fishing year, the
component ACT is 2.848 million lb
(1.292 million kg), round weight. For
the 2020 and subsequent fishing years,
the component ACT is 2.504 million lb
(1.136 million lb), round weight.
(C) Private angling component ACT.
The private angling component ACT
applies to vessels that fish under the bag
limit and have not been issued a Federal
charter vessel/headboat permit for Gulf
reef fish any time during the fishing
year. The component ACT is 3.415
million lb (1.549 million kg), round
weight.
[FR Doc. 2020–01653 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200128–0033]
RIN 0648–BJ31
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic Region; Regulatory
Amendment 30
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Regulatory Amendment 30
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) (Regulatory
Amendment 30), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule modifies the spawning season
closures for the commercial and
recreational sectors in the exclusive
economic zone (EEZ) off North Carolina
and South Carolina and establishes a
commercial trip limit. Additionally,
Regulatory Amendment 30 revises the
rebuilding schedule for red grouper. The
purpose of this final rule and Regulatory
Amendment 30 is to modify the
rebuilding schedule and extend
protections for red grouper during the
spawning season.
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SUMMARY:
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6825
This final rule is effective on
March 9, 2020.
ADDRESSES: Electronic copies of
Regulatory Amendment 30 may be
obtained from 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 (EA), a Regulatory
Flexibility Act analysis, and a regulatory
impact review.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, telephone: 727–824–5305;
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the FMP, and
includes red grouper along with other
snapper-grouper species. The FMP was
prepared by the Council and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On October 29, 2019, NMFS
published a proposed rule for
Regulatory Amendment 30 and
requested public comment (84 FR
57840). The proposed rule and
Regulatory Amendment 30 outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Regulatory Amendment 30 and
implemented by this final rule is
described below.
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. Therefore, in
Abbreviated Framework Amendment 1
to the FMP, NMFS implemented actions
to immediately end overfishing of red
grouper by reducing the total,
commercial, and recreational annual
catch limits (ACLs) based on the
acceptable biological catch
recommendation from the Council’s
Scientific and Statistical Committee (83
FR 35435; July 26, 2018).
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 red grouper
stock is not projected to fully rebuild by
2020 (SEDAR 53), the Council must also
revise the current rebuilding plan so the
stock rebuilds in the timeframe
mandated by the Magnuson-Stevens
Act. Regulatory Amendment 30
addresses the revision to the rebuilding
plan.
Background
Red grouper are harvested by both
commercial and recreational fishers
throughout the South Atlantic. In 2010,
a Southeast Data, Assessment and
Review (SEDAR) benchmark assessment
(SEDAR 19) 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 FMP established a 10-year
rebuilding plan that began in 2011, with
an end date of 2020 (77 FR 34254; June
11, 2012).
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
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
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. To extend
protection for red grouper during
spawning season, this final rule extends
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. This final rule also extends the
prohibition on the commercial sale and
purchase of red grouper in the EEZ off
DATES:
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Management Measures Contained in
This Final Rule
For red grouper, this final rule
modifies the spawning season closure
for the commercial and recreational
sectors in the EEZ off North Carolina
and South Carolina, and establishes a
commercial trip limit.
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North Carolina and South 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 final rule establishes a
commercial trip limit for red grouper
harvested in the South Atlantic EEZ of
200 lb (91 kg), gutted weight. The trip
limit is expected to help rebuild the red
grouper stock by discouraging directed
commercial fishing for the species,
although it is not likely to substantially
reduce the current level of commercial
harvest of red grouper. 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.
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Measures in Regulatory Amendment 30
Not Codified in This Final Rule
The Council selected a 10-year
rebuilding plan for red grouper in
Regulatory Amendment 30, which is the
maximum time allowed under the
Magnuson-Stevens Act, and which
would begin in 2019 (Year 1) and end
in 2028 (Year 10).
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.
Comments and Responses
A total of 8 comments were received
on Regulatory Amendment 30 and the
proposed rule from individuals and
fishing organizations. All but one of the
comments supported the actions in the
proposed rule and Regulatory
Amendment 30. Some comments
suggested ending fishing subsidies and
creating marine protected areas where
red grouper occur. The Council does not
provide fishing subsidies in the
snapper-grouper fishery, and because
additional protected areas were not
considered by the Council in Regulatory
Amendment 30, NMFS is not able to
independently add them for
consideration at this time; therefore,
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these comments are not addressed
further in this final rule. Comments that
specifically relate to the actions
contained in the Regulatory
Amendment 30 and the proposed rule,
are summarized and responded to
below.
Comment 1: The proposed seasonal
closure is not aggressive enough to
extend protection to red grouper during
their spawning season. Because red
grouper spawn from February to June,
adding another month to the harvest
prohibition would help rebuild the
population.
Response: NMFS agrees that the
longer the spawning season closure for
red grouper, the greater the biological
benefits to the stock from allowing the
species to have additional spawning
opportunities. Since new stock biomass
can be increased through growth and
recruitment, reducing fishing pressure
and protecting red grouper during their
vulnerable spawning stages can be
expected to increase stock abundance
and biomass. Therefore, a longer
spawning season prohibition could
create indirect, long-term, positive
biological and economic effects
presumably through the availability of
increased numbers of fish in the future.
In the South Atlantic region, red
grouper spawn from February through
June off the Carolinas. The Council
considered an alternative that would
extend the January-April spawning
season closure through June off the
Carolinas but did not select it as their
preferred. Instead, the Council chose to
add May to the January-through-April
seasonal prohibition of red grouper
harvest in and from the EEZ off North
Carolina and South Carolina in response
to concerns that red grouper are often
found in spawning condition during
that month. Thus, the Council chose to
realize the biological benefits of
including the peak spawning month of
May in the prohibition off North
Carolina and South Carolina, while
minimizing short-term adverse socioeconomic effects to fishermen by not
including June in the closure.
Studies show that red grouper spawn
from January through May in Federal
waters off east Florida. There was also
stakeholder feedback and scientific
evidence cited in Amendment 30 that
red grouper spawn earlier in the year in
the southern part of the Council’s
jurisdiction; therefore, Georgia and
Florida were not included in
alternatives for the action to extend the
current January-through-April spawning
season prohibition. Additionally, there
are minimal landings of red grouper in
Georgia, which would preclude the
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need to extend the seasonal closure in
Federal waters off that state.
The seasonal closure modification is
in addition to the Council’s choice of a
conservative rebuilding time-frame (10
years), and a 200-lb commercial trip
limit. The cumulative effects of these
actions are expected to protect the
spawning populations and rebuild the
red grouper stock.
Comment 2: The implementation of a
commercial trip limit of 200 lb (91 kg),
gutted weight, is too high and may not
result in any beneficial effect on the
population, since commercial fishing
trips for grouper are usually less than
200 lb (91 kg), gutted weight.
Response: NMFS disagrees. Currently,
there is no commercial trip limit for red
grouper. Although most commercial
trips do land less than 200 lb (91 kg) of
red grouper, the Council reviewed data
(including SEDAR 53, 2017) and public
input, and selected the commercial trip
limit of 200 lb (91 kg) which, in
combination with extending the
spawning season closure for red grouper
off North Carolina and South Carolina
would constrain harvest and help
rebuild the stock. The limit of 200 lb (91
kg), would still be large enough to allow
commercial fishers for whom red
grouper are an important species (such
as those in south Florida and the Florida
Keys) to maintain some trip
profitability. NMFS expects the trip
limit to minimize adverse socioeconomic effects by allowing fishers to
retain some red grouper caught
incidentally when fishing for other
snapper-grouper species.
Classification
The Administrator, Southeast Region,
NMFS, determined that the Regulatory
Amendment 30 is necessary for the
conservation and management of the
snapper-grouper fishery and that it is
consistent with the FMP, the MagnusonStevens Act, and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866.
A final regulatory flexibility analysis
(FRFA) was prepared. An FRFA
incorporates the initial regulatory
flexibility analysis (IRFA), a summary of
the significant issues raised by the
public comments in response to the
IRFA, and NMFS responses to those
comments, and a summary of the
analyses completed to support the
actions.
No significant issues were raised by
public comment in response to the
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
IRFA. Moreover, there is no new
information that would change the
estimates and conclusions of the IRFA.
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). Therefore, neither
estimates of the number of anglers nor
the impacts on them are required or
provided in this final rule.
Any business that operates a
commercial fishing vessel that harvests
red grouper in the South Atlantic EEZ
must have a valid Federal snappergrouper permit assigned to that vessel.
NMFS estimates from 210 to 225
permitted vessels will be directly
affected by the rule. 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. NMFS
expects all of the businesses that operate
permitted vessels that land red grouper
are small.
This rule does not impose additional
reporting or record-keeping
requirements on small businesses. The
action to change the rebuilding schedule
has an indirect impact on small
businesses and its impact will be
dependent on additional action. The
action has a direct impact on anglers,
and as explained previously, anglers are
not small entities. 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 adds
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 is
expected to 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 North and South
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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 reduces the average
North Carolina vessel’s annual revenue
by $497 to $649 (2017 dollars) (1.3
percent to 1.8 percent) and reduces the
average South Carolina vessel’s annual
revenue by $713 to $977 (2017 dollars)
(0.6 percent to 0.7 percent).
Finally, this final rule establishes 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 trip limit is expected to reduce
average landings by 107–117 lb (49–53
kg), gutted weight, per trip and reduce
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
Georgia/Florida 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 will 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 Georgia/Florida
vessel’s dockside revenue from all
landings; however, the three vessels
have annual revenues substantially
greater than the average for the 134 to
143 Georgia/Florida vessels that land
red grouper annually.
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as small entity
compliance guide (the guide) was
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6827
prepared. Copies of this final rule are
available from the Southeast Regional
Office, and the guide, i.e., permit holder
letter, will be sent to all holders of
permits for the snapper-grouper fishery.
The guide and this final rule will be
available upon request.
A copy of this analysis is available
from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Red
grouper, Seasonal closure, South
Atlantic, Trip limits.
Dated: January 28, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, National
Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.183, revise paragraph (b)(1)
to read as follows:
■
§ 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,
or possessing red grouper in May apply
in state waters off North Carolina and
off South Carolina.
*
*
*
*
*
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3. In § 622.191, add paragraph (a)(15)
to read as follows:
■
§ 622.191
Commercial trip limits.
(a) * * *
(15) 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
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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[FR Doc. 2020–01917 Filed 2–5–20; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket Nos. 120328229–4949–02 and
180117042–8884–02; RTID 0648–XT032]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; Purse Seine
category annual quota adjustment; quota
transfer.
AGENCY:
NMFS is adjusting the
Atlantic bluefin tuna (BFT) Purse Seine
and Reserve category quotas for 2020, as
it has done annually since 2015. NMFS
also is transferring 51 metric tons (mt)
of BFT quota from the Reserve category
to the General category January 2020
period (from January 1 through March
31, 2020, or until the available subquota
for this period is reached, whichever
comes first). The transfer to the General
category is based on consideration of the
regulatory determination criteria
regarding inseason adjustments and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: Effective February 5, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260,
Nicholas Velseboer 978–675–2168, or
Larry Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Atlantic Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
October 2, 2006), and amendments.
SUMMARY:
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NMFS is required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quota.
Annual Adjustment of the BFT Purse
Seine and Reserve Category Quotas
The current baseline Purse Seine,
General, and Reserve category quotas
are codified as 219.5 mt, 555.7 mt, and
29.5 mt, respectively. Pursuant to
§ 635.27(a)(4), NMFS has determined
the amount of quota available to the
Atlantic Tunas Purse Seine category
participants in 2020, based on their BFT
catch (landings and dead discards) in
2019. In accordance with the
regulations, NMFS makes available to
each Purse Seine category participant
either 100 percent, 75 percent, 50
percent, or 25 percent of the individual
baseline quota allocations based on the
previous year’s catch, as described in
§ 635.27(a)(4)(ii), and reallocates the
remainder to the Reserve category.
NMFS has calculated the amounts of
quota available to the Purse Seine
category participants for 2020 based on
their individual catch levels in 2019 and
the codified process adopted in
Amendment 7. NMFS did not open the
Purse Seine fishery in 2019 because
there were no purse seine vessels
permitted to fish for BFT and thus no
catch in 2019. As a result, each Purse
Seine category participant will receive
25 percent of the individual baseline
quota amount, which is the required
distribution even with no fishing
activity under the current regulations.
The individual baseline amount is 43.9
mt (219.5 mt divided by five Purse
Seine category participants), 25 percent
of which is 11 mt. Consistent with
§ 635.27(a)(4)(v)(C), NMFS notifies
Atlantic Tunas Purse Seine category
participants of the amount of quota
available for their use this year through
the Individual Bluefin Quota electronic
system established under § 635.15 and
in writing.
By summing the individual available
allocations, NMFS has determined that
55 mt are available to the Purse Seine
category for 2020. Thus, the amount of
Purse Seine category quota to be
reallocated to the Reserve category is
164.5 mt (219.5 mt¥55 mt). This
reallocation results in an adjusted 2020
Reserve category quota of 194 mt, before
any further transfers to other categories.
Transfer of 51 mt From the Reserve
Category to the General Category
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories after
considering regulatory determination
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6825-6828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01917]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200128-0033]
RIN 0648-BJ31
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic Region; Regulatory
Amendment 30
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 30
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (FMP) (Regulatory Amendment 30), as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
This final rule modifies the spawning season closures for the
commercial and recreational sectors in the exclusive economic zone
(EEZ) off North Carolina and South Carolina and establishes a
commercial trip limit. Additionally, Regulatory Amendment 30 revises
the rebuilding schedule for red grouper. The purpose of this final rule
and Regulatory Amendment 30 is to modify the rebuilding schedule and
extend protections for red grouper during the spawning season.
DATES: This final rule is effective on March 9, 2020.
ADDRESSES: Electronic copies of Regulatory Amendment 30 may be obtained
from 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 (EA), a Regulatory Flexibility Act analysis, and a
regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Mary Vara, telephone: 727-824-5305;
email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP, and includes red grouper along with
other snapper-grouper species. The FMP was prepared by the Council and
is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On October 29, 2019, NMFS published a proposed rule for Regulatory
Amendment 30 and requested public comment (84 FR 57840). The proposed
rule and Regulatory Amendment 30 outline the rationale for the actions
contained in this final rule. A summary of the management measures
described in Regulatory Amendment 30 and implemented by this final rule
is described below.
Background
Red grouper are harvested by both commercial and recreational
fishers throughout the South Atlantic. In 2010, a Southeast Data,
Assessment and Review (SEDAR) benchmark assessment (SEDAR 19) 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 FMP established a 10-year rebuilding
plan that began in 2011, with an end date of 2020 (77 FR 34254; June
11, 2012).
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 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. Therefore, in
Abbreviated Framework Amendment 1 to the FMP, NMFS implemented actions
to immediately end overfishing of red grouper by reducing the total,
commercial, and recreational annual catch limits (ACLs) based on the
acceptable biological catch recommendation from the Council's
Scientific and Statistical Committee (83 FR 35435; July 26, 2018).
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 red grouper stock is not projected to
fully rebuild by 2020 (SEDAR 53), the Council must also revise the
current rebuilding plan so the stock rebuilds in the timeframe mandated
by the Magnuson-Stevens Act. Regulatory Amendment 30 addresses the
revision to the rebuilding plan.
Management Measures Contained in This Final Rule
For red grouper, this final rule modifies the spawning season
closure for the commercial and recreational sectors in the EEZ off
North Carolina and South Carolina, and establishes 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. To extend protection
for red grouper during spawning season, this final rule extends 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.
This final rule also extends the prohibition on the commercial sale and
purchase of red grouper in the EEZ off
[[Page 6826]]
North Carolina and South 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 final rule establishes a commercial trip limit for
red grouper harvested in the South Atlantic EEZ of 200 lb (91 kg),
gutted weight. The trip limit is expected to help rebuild the red
grouper stock by discouraging directed commercial fishing for the
species, although it is not likely to substantially reduce the current
level of commercial harvest of red grouper. 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.
Measures in Regulatory Amendment 30 Not Codified in This Final Rule
The Council selected a 10-year rebuilding plan for red grouper in
Regulatory Amendment 30, which is the maximum time allowed under the
Magnuson-Stevens Act, and which would begin in 2019 (Year 1) and end in
2028 (Year 10).
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.
Comments and Responses
A total of 8 comments were received on Regulatory Amendment 30 and
the proposed rule from individuals and fishing organizations. All but
one of the comments supported the actions in the proposed rule and
Regulatory Amendment 30. Some comments suggested ending fishing
subsidies and creating marine protected areas where red grouper occur.
The Council does not provide fishing subsidies in the snapper-grouper
fishery, and because additional protected areas were not considered by
the Council in Regulatory Amendment 30, NMFS is not able to
independently add them for consideration at this time; therefore, these
comments are not addressed further in this final rule. Comments that
specifically relate to the actions contained in the Regulatory
Amendment 30 and the proposed rule, are summarized and responded to
below.
Comment 1: The proposed seasonal closure is not aggressive enough
to extend protection to red grouper during their spawning season.
Because red grouper spawn from February to June, adding another month
to the harvest prohibition would help rebuild the population.
Response: NMFS agrees that the longer the spawning season closure
for red grouper, the greater the biological benefits to the stock from
allowing the species to have additional spawning opportunities. Since
new stock biomass can be increased through growth and recruitment,
reducing fishing pressure and protecting red grouper during their
vulnerable spawning stages can be expected to increase stock abundance
and biomass. Therefore, a longer spawning season prohibition could
create indirect, long-term, positive biological and economic effects
presumably through the availability of increased numbers of fish in the
future.
In the South Atlantic region, red grouper spawn from February
through June off the Carolinas. The Council considered an alternative
that would extend the January-April spawning season closure through
June off the Carolinas but did not select it as their preferred.
Instead, the Council chose to add May to the January-through-April
seasonal prohibition of red grouper harvest in and from the EEZ off
North Carolina and South Carolina in response to concerns that red
grouper are often found in spawning condition during that month. Thus,
the Council chose to realize the biological benefits of including the
peak spawning month of May in the prohibition off North Carolina and
South Carolina, while minimizing short-term adverse socio-economic
effects to fishermen by not including June in the closure.
Studies show that red grouper spawn from January through May in
Federal waters off east Florida. There was also stakeholder feedback
and scientific evidence cited in Amendment 30 that red grouper spawn
earlier in the year in the southern part of the Council's jurisdiction;
therefore, Georgia and Florida were not included in alternatives for
the action to extend the current January-through-April spawning season
prohibition. Additionally, there are minimal landings of red grouper in
Georgia, which would preclude the need to extend the seasonal closure
in Federal waters off that state.
The seasonal closure modification is in addition to the Council's
choice of a conservative rebuilding time-frame (10 years), and a 200-lb
commercial trip limit. The cumulative effects of these actions are
expected to protect the spawning populations and rebuild the red
grouper stock.
Comment 2: The implementation of a commercial trip limit of 200 lb
(91 kg), gutted weight, is too high and may not result in any
beneficial effect on the population, since commercial fishing trips for
grouper are usually less than 200 lb (91 kg), gutted weight.
Response: NMFS disagrees. Currently, there is no commercial trip
limit for red grouper. Although most commercial trips do land less than
200 lb (91 kg) of red grouper, the Council reviewed data (including
SEDAR 53, 2017) and public input, and selected the commercial trip
limit of 200 lb (91 kg) which, in combination with extending the
spawning season closure for red grouper off North Carolina and South
Carolina would constrain harvest and help rebuild the stock. The limit
of 200 lb (91 kg), would still be large enough to allow commercial
fishers for whom red grouper are an important species (such as those in
south Florida and the Florida Keys) to maintain some trip
profitability. NMFS expects the trip limit to minimize adverse socio-
economic effects by allowing fishers to retain some red grouper caught
incidentally when fishing for other snapper-grouper species.
Classification
The Administrator, Southeast Region, NMFS, determined that the
Regulatory Amendment 30 is necessary for the conservation and
management of the snapper-grouper fishery and that it is consistent
with the FMP, the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this action is not significant
under Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared. An
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant issues raised by the public comments in
response to the IRFA, and NMFS responses to those comments, and a
summary of the analyses completed to support the actions.
No significant issues were raised by public comment in response to
the
[[Page 6827]]
IRFA. Moreover, there is no new information that would change the
estimates and conclusions of the IRFA. 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). Therefore, neither estimates of the number of
anglers nor the impacts on them are required or provided in this final
rule.
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 assigned to that vessel.
NMFS estimates from 210 to 225 permitted vessels will be directly
affected by the rule. 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. NMFS expects all of the businesses that operate permitted
vessels that land red grouper are small.
This rule does not impose additional reporting or record-keeping
requirements on small businesses. The action to change the rebuilding
schedule has an indirect impact on small businesses and its impact will
be dependent on additional action. The action has a direct impact on
anglers, and as explained previously, anglers are not small entities.
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
adds 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 is expected to
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 North and South 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 reduces the average
North Carolina vessel's annual revenue by $497 to $649 (2017 dollars)
(1.3 percent to 1.8 percent) and reduces the average South Carolina
vessel's annual revenue by $713 to $977 (2017 dollars) (0.6 percent to
0.7 percent).
Finally, this final rule establishes 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 trip limit is expected to reduce average landings
by 107-117 lb (49-53 kg), gutted weight, per trip and reduce 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 Georgia/Florida 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 will 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 Georgia/Florida vessel's dockside
revenue from all landings; however, the three vessels have annual
revenues substantially greater than the average for the 134 to 143
Georgia/Florida vessels that land red grouper annually.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (the guide) was prepared. Copies of this
final rule are available from the Southeast Regional Office, and the
guide, i.e., permit holder letter, will be sent to all holders of
permits for the snapper-grouper fishery. The guide and this final rule
will be available upon request.
A copy of this analysis is available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Red grouper, Seasonal closure,
South Atlantic, Trip limits.
Dated: January 28, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.183, revise paragraph (b)(1) to read as follows:
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.
* * * * *
[[Page 6828]]
0
3. In Sec. 622.191, add paragraph (a)(15) to read as follows:
Sec. 622.191 Commercial trip limits.
(a) * * *
(15) 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. 2020-01917 Filed 2-5-20; 8:45 am]
BILLING CODE 3510-22-P
