Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 26, 11307-11309 [2020-03833]
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200220–0060]
RIN 0648–BI33
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 26
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
management measures described in
Vision Blueprint Recreational
Regulatory Amendment 26 (Regulatory
Amendment 26) to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (Snapper-Grouper FMP), as
prepared and submitted by the South
Atlantic Fishery Management Council
(Council). For the recreational sector,
this final rule removes the minimum
size limits for queen snapper, silk
snapper, and blackfin snapper, reduces
the minimum size limit for gray
triggerfish in the exclusive economic
zone (EEZ) off the east coast of Florida,
and modifies the 20-fish snappergrouper aggregate bag limit. The
purpose of this final rule is to minimize
regulatory discards to the extent
practicable, improve regulatory
compliance among fishers, and increase
consistency among regulations.
DATES: This final rule is effective on
March 30, 2020.
ADDRESSES: Electronic copies of
Regulatory Amendment 26 may be
obtained from www.regulations.gov or
the NOAA Fisheries website at https://
www.fisheries.noaa.gov/action/
regulatory-amendment-26-visionblueprint-recreational-measures.
Regulatory Amendment 26 includes an
environmental assessment, a regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis.
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
queen snapper, silk snapper, blackfin
snapper, and gray triggerfish, along with
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SUMMARY:
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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).
On October 25, 2019, NMFS
published a proposed rule for
Regulatory Amendment 26 in the
Federal Register and requested public
comment (84 FR 57378). Regulatory
Amendment 26 and the proposed rule
outline the rationale for the actions
contained in this final rule. A summary
of the management measures described
in Regulatory Amendment 26 and
implemented by this final rule is
provided below.
Management Measures Contained in
This Final Rule
For the recreational sector, this final
rule removes the minimum size limits
for silk snapper, queen snapper, and
blackfin snapper, reduces the minimum
size limit for gray triggerfish in the EEZ
off the east coast of Florida, and
modifies the snapper-grouper aggregate
bag limit for the 20-fish aggregate.
Minimum Size Limit for Queen Snapper,
Silk Snapper, and Blackfin Snapper
Queen snapper, silk snapper, and
blackfin snapper are part of the deepwater complex. Prior to this final rule,
the recreational minimum size limit for
queen snapper, silk snapper, and
blackfin snapper was 12 inches (30.5
cm) total length (TL), although the
remaining species in the deep-water
complex do not have a specified
minimum size limit requirement.
Because these species have a high
discard mortality as a result of the
effects of barotrauma from being
harvested in deep water, the Council
determined that removing the
commercial minimum size limit for
queen snapper, silk snapper, and
blackfin snapper would reduce discards
and discard mortality for these species.
Therefore, this final rule removes the
recreational minimum size limit for
queen snapper, silk snapper, and
blackfin snapper.
Minimum Size Limit for Gray Triggerfish
This final rule reduces the
recreational minimum size limit from 14
inches (35.6 cm) fork length (FL) to 12
inches (30.5 cm) FL for gray triggerfish
in the EEZ off the east coast of Florida.
In 2015, the 12 inch (30.5 cm) FL
minimum size limit was implemented
for gray triggerfish in the EEZ off North
Carolina, South Carolina, and Georgia,
and a minimum size limit of 14 inches
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11307
(35.6 cm) FL was implemented in the
EEZ off the east coast of Florida (80 FR
30947: June 1, 2015). However, after the
minimum size limit went into effect on
July 1, 2015, stakeholders in Florida
expressed concern to the Florida Fish
and Wildlife Conservation Commission
(FWC) regarding increasing discards of
gray triggerfish in south Florida where
the average size of gray triggerfish is less
than that off northeast Florida. In
response to that concern, the FWC
reduced the recreational minimum size
limit of gray triggerfish in state waters
to 12 inches (30.5 cm) FL in 2015
(incorrectly stated in the preamble of
the proposed rule as 2017), and
requested that the Council develop
consistent size limit regulations in
Federal waters for gray triggerfish.
Therefore, reducing the recreational
minimum size limit to 12 inches (30.5
cm) FL in the EEZ off the east coast of
Florida will make these state and
Federal regulations for gray triggerfish
consistent throughout the Council’s
jurisdiction.
20-Fish Snapper-Grouper Aggregate Bag
Limit
This final rule modifies the 20-fish
snapper-grouper aggregate bag limit by
specifying that no more than 10 fish can
be of any one species within the 20-fish
aggregate. There are 14 snapper-grouper
species included in the 20-fish aggregate
bag limit for the recreational sector.
Recreational fishers in the South
Atlantic EEZ may retain 20 total fish per
person per day for the following species:
whitebone porgy, jolthead porgy,
knobbed porgy, saucereye porgy, scup,
gray triggerfish, bar jack, almaco jack,
banded rudderfish, lesser amberjack,
white grunt, margate, sailor’s choice,
and Atlantic spadefish. These species
do not have individual recreational bag
limits. The Council determined that
modifying the 20-fish aggregate bag
limit in this way would allow
recreational anglers to catch the same
number of fish overall as within the
current limit, while limiting the number
of any one species within the 20-fish
aggregate to 10 fish. Because of
stakeholder concerns over the status of
the South Atlantic gray triggerfish stock
and large catches of Atlantic spadefish
in recent years, the Council chose to be
proactive and limit the harvest of these
two species, as well as the remainder of
the species in the 20-fish aggregate. In
addition, the state of Florida currently
limits harvest of gray triggerfish to 10
fish, per person, per day in state waters
off its east coast.
Therefore, this action to revise the
snapper-grouper 20-fish aggregate bag
limit also simplifies the regulatory
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
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environment by creating consistent
regulations for recreational fishing for
and retention of gray triggerfish in state
and Federal waters off the east coast of
Florida. In both cases (the size limits for
gray triggerfish, and the bag limits
applicable to gray triggerfish), the
changes in this final rule align the state
and Federal regulations for gray
triggerfish off the east coast of Florida
for the benefit of fishers and law
enforcement.
Comments and Responses
NMFS received eight comments from
individuals during the public comment
period on the proposed rule for
Regulatory Amendment 26. Five of the
comments offered were in general
support of the actions in the proposed
rule. NMFS acknowledges the
comments in favor of all or part of the
actions in the proposed rule and agrees
with them. Three comments that were
beyond the scope of the proposed rule
are not responded to in this final rule.
Three comments opposed an action
contained in Regulatory Amendment 26
and the proposed rule; these comments
are grouped into two categories and
summarized below, along with NMFS’
responses.
Comment 1: The recreational
minimum size limit should not be
removed for blackfin, queen, or silk
snapper. This action will negatively
impact the fish population by allowing
harvest of juvenile fish. These species
are struggling to recover from
overfishing and they are rarely caught
above the minimum size limit. Instead,
there should be larger size restrictions.
Response: NMFS disagrees that the
minimum size limit for these species
should not be removed. These three
deep-water snapper species are the only
deep-water snapper-grouper species for
which there is a minimum size limit in
Federal waters of the South Atlantic.
The minimum size limit was put in
place early in the management of these
species before estimates of discard
mortality were available and before the
designation of the various species
complexes. Snapper-grouper species
that inhabit deep-water are typically
associated with very high discard
mortality when caught and brought to
the vessel due to the effects from
barotrauma (the expansion of gas in a
fish’s swim bladder, which causes
bloating and prevents the fish from
regulating its buoyancy). These deepwater species include blueline tilefish,
golden tilefish, snowy grouper,
wreckfish, and fish in the in the Deepwater Complex (yellowedge grouper,
silk snapper, misty grouper, queen
snapper, sand tilefish, and blackfin
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snapper). Because most of these fish that
are discarded will subsequently die, the
Council determined that removing the
minimum size limit requirements for
queen snapper, silk snapper, and
blackfin snapper will minimize discard
mortality in the snapper-grouper
fishery.
Comment 2: The minimum size limit
for gray triggerfish should either remain
at 14 inches (35.6 cm) FL or should be
increased. Adults can grow up to 28
inches (71.1 cm) FL, so reducing the
minimum size limit to 12 inches (30.5
cm) FL will allow juvenile fish and
young adults to be caught, which is
harmful to the population. Stock status
is a concern, as we are not catching
adult-sized gray triggerfish.
Response: NMFS disagrees that
reducing the minimum size limit will be
harmful to the gray triggerfish
population. NMFS acknowledges that
this action would allow the removal of
smaller fish, which could reduce the
number of times a fish spawns.
However, the most recent stock
assessment (SEDAR 41, 2016) shows
that the species is not undergoing
overfishing and that gray triggerfish
have opportunities to spawn before
reaching the revised minimum size
limit.
In addition, from 1995 to 2015, the
minimum size limit for gray triggerfish
in the EEZ off Florida was 12 inches
(30.5 cm) FL. That minimum size limit
was modified in 2015 through the
implementation of Amendment 29 to
the Snapper-Grouper FMP to 12 inches
(30.5 cm) FL in the EEZ off North
Carolina, South Carolina, and Georgia,
and to 14 inches (35.6 cm) FL in the
EEZ off the east coast of Florida (80 FR
30947; June 1, 2015). The 2015
modification to the minimum size limit
in Amendment 29 was a precautionary
action taken by the Council and NMFS
to respond to concerns about the status
of the gray triggerfish stock in the South
Atlantic, to align the east coast of
Florida regulations with those in the
Gulf of Mexico, and to achieve
consistency between state and Federal
regulations off the east coast of Florida.
However, after the revised minimum
size limit went into effect on July 1,
2015, stakeholders in Florida voiced
concern to the FWC regarding
increasing discards of gray triggerfish in
south Florida where the average size of
gray triggerfish is less than that off
northeast Florida. In response, the FWC
reduced the recreational minimum size
limit of gray triggerfish to 12 inches
(30.5 cm) FL later in 2015, and
requested that the Council implement
consistent gray triggerfish minimum
size limit regulations.
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The Council chose to reduce the
minimum size limit to 12 inches (30.5
cm) FL to be consistent with the current
Florida state regulation and the
regulations in place in the EEZ off the
rest of the South Atlantic states. Because
annual catch limits and accountability
measures are in place to prevent
overfishing, NMFS has determined that
the action will not jeopardize the
sustainability of the stock, and that will
reduce discards and promote a more
consistent regulatory environment for
stakeholders and enforcement agencies.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
that this final rule is consistent with the
Regulatory Amendment 26, the FMP,
the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order (E.O.) 12866. This rule
is not an E.O. 13771 regulatory action
because this rule is not significant under
E.O. 12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
The factual basis for this determination
was published in the proposed rule and
is not repeated here. No comments from
the public or SBA’s Chief Counsel for
Advocacy were received regarding the
certification, and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Bag limits, Deep-water, Fisheries,
Fishing, Florida, Fork Length, Grouper,
Size limits, Snapper, South Atlantic.
Dated: February 20, 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:
■
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Federal Register / Vol. 85, No. 39 / Thursday, February 27, 2020 / Rules and Regulations
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 § 622.185, revise paragraphs
(a)(3) and (c)(2) to read as follows:
■
§ 622.185
Size limits.
*
*
*
*
*
(a) * * *
(3) Cubera, gray, and yellowtail
snappers—12 inches (30.5 cm), TL.
*
*
*
*
*
(c) * * *
(2) Gray triggerfish—12 inches (30.5
cm), FL.
*
*
*
*
*
■ 3. In § 622.187, revise paragraph (b)(8)
to read as follows:
§ 622.187
Bag and possession limits.
*
*
*
*
*
(8) South Atlantic snapper-grouper
(whitebone porgy, jolthead porgy,
knobbed porgy, saucereye porgy, scup,
almaco jack, banded rudderfish, lesser
amberjack, white grunt, margate,
sailor’s choice, Atlantic spadefish, gray
triggerfish, bar jack), combined—20.
However, excluded from this 20-fish bag
limit are tomtate, South Atlantic
snapper-grouper ecosystem component
species (specified in table 4 of appendix
A to part 622), and those specified in
paragraphs (b)(1) through (7) and
paragraphs (b)(9) and (10) of this
section. Within the 20-fish bag limit, no
more than 10 fish can be of any one of
these single snapper-grouper species.
*
*
*
*
*
[FR Doc. 2020–03833 Filed 2–26–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200221–0061]
RTID 0648–XX019
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Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; 2020
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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Through this rule, NMFS
maintains previously approved Illex
squid, longfin squid, and butterfish
specifications for the 2020 fishing year
and maintains the 2019 Atlantic
mackerel acceptable biological catch for
2020 based on updated scientific advice.
This action is required to promote the
sustainable utilization and conservation
of the Atlantic mackerel, squid, and
butterfish resources.
DATES: Effective February 27, 2020.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Supplemental Information Report (SIR),
the Regulatory Impact Review (RIR), and
the Regulatory Flexibility Act (RFA)
analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331. The EA/SIR/
RIR/RFA analysis is also accessible via
the internet at www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190137.
FOR FURTHER INFORMATION CONTACT:
Alyson Pitts, Fishery Management
Specialist, (978) 281–9352.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The regulations implementing the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require
the Mid-Atlantic Fishery Management
Council’s Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the
acceptable biological catch (ABC) advice
of the Council’s Scientific and
Statistical Committee (SSC). The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. In addition, the
regulations require the specification of
domestic annual harvest (DAH), the
butterfish mortality cap in the longfin
squid fishery, and initial optimum yield
(IOY) for both squid species.
On December 17, 2019 (84 FR 68871),
we published a proposed rule in the
Federal Register seeking public
comment on revising the previously
approved 2020 Atlantic mackerel
specifications to maintain the 2019
specifications with a modification to the
recreational catch deduction and change
the river herring and shad catch cap in
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11309
the Atlantic mackerel fishery. This rule
also proposed maintaining the
previously approved Illex squid, longfin
squid, and butterfish specifications. The
proposed rule for this action included
additional background on specifications
and the details of how the Council
derived its recommended specifications
for Atlantic mackerel, Illex squid,
longfin squid and butterfish. Those
details are not repeated here. For
additional information, please refer to
the proposed rule for this action.
On August 2, 2019 (84 FR 37778), we
published a final rule in the Federal
Register implementing Illex squid,
longfin squid, and butterfish
specifications for 2019. The Atlantic
mackerel specifications for 2019–2021
were developed in May 2018 as part of
the final rule for Framework Adjustment
13 (84 FR 58053; October 30, 2019). The
Council’s SSC met in May 2019 to
reevaluate the 2020 specifications based
upon the latest information. At that
meeting, the SSC concluded that no
adjustments to the Illex squid, longfin
squid, and butterfish specifications were
warranted. However, the the SSC
recommended to change to the Atlantic
mackerel ABC, update the recreational
catch, and modify the river herring and
shad catch cap.
Until new specifications are
implemented, the existing 2019 Atlantic
mackerel, Illex squid, longfin squid, and
butterfish specifications will continue
pursuant to 50 CFR 648.22(d)(1).
2020 Atlantic Mackerel Specifications
The original 2020 Atlantic mackerel
ABC recommended by the SSC for
Framework 13 was based on projections
that recognized a strong 2015 year class
in the assessment results. At its May
2019 meeting, the SSC considered
preliminary results from the 2019
Canadian Atlantic mackerel assessment,
which indicated lower than expected
recruitment. As a result, the SSC
recommended maintaining the more
conservative 2019 ABC. Based on the
recommendations of the Council’s SSC
and the Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee, the
Council recommended and this action
implements the revised 2020 mackerel
specifications outlined in Table 1. These
specifciations are nearly identical to
those set in 2019, with the exception of
a higher recreational catch deduction
based on an updated recreational catch
accounting methodology. There is an
Atlantic mackerel stock assessment
update scheduled for 2020 that will
inform future ABC specifications.
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]]>Agencies
[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11307-11309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03833]
[[Page 11307]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200220-0060]
RIN 0648-BI33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory
Amendment 26
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements management measures described in Vision
Blueprint Recreational Regulatory Amendment 26 (Regulatory Amendment
26) 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 the recreational sector, this final rule removes the minimum size
limits for queen snapper, silk snapper, and blackfin snapper, reduces
the minimum size limit for gray triggerfish in the exclusive economic
zone (EEZ) off the east coast of Florida, and modifies the 20-fish
snapper-grouper aggregate bag limit. The purpose of this final rule is
to minimize regulatory discards to the extent practicable, improve
regulatory compliance among fishers, and increase consistency among
regulations.
DATES: This final rule is effective on March 30, 2020.
ADDRESSES: Electronic copies of Regulatory Amendment 26 may be obtained
from www.regulations.gov or the NOAA Fisheries website at https://www.fisheries.noaa.gov/action/regulatory-amendment-26-vision-blueprint-recreational-measures. Regulatory Amendment 26 includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis.
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
queen snapper, silk snapper, blackfin snapper, and gray triggerfish,
along with other snapper-grouper species. The Snapper-Grouper FMP was
prepared by the Council and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On October 25, 2019, NMFS published a proposed rule for Regulatory
Amendment 26 in the Federal Register and requested public comment (84
FR 57378). Regulatory Amendment 26 and the proposed rule outline the
rationale for the actions contained in this final rule. A summary of
the management measures described in Regulatory Amendment 26 and
implemented by this final rule is provided below.
Management Measures Contained in This Final Rule
For the recreational sector, this final rule removes the minimum
size limits for silk snapper, queen snapper, and blackfin snapper,
reduces the minimum size limit for gray triggerfish in the EEZ off the
east coast of Florida, and modifies the snapper-grouper aggregate bag
limit for the 20-fish aggregate.
Minimum Size Limit for Queen Snapper, Silk Snapper, and Blackfin
Snapper
Queen snapper, silk snapper, and blackfin snapper are part of the
deep-water complex. Prior to this final rule, the recreational minimum
size limit for queen snapper, silk snapper, and blackfin snapper was 12
inches (30.5 cm) total length (TL), although the remaining species in
the deep-water complex do not have a specified minimum size limit
requirement. Because these species have a high discard mortality as a
result of the effects of barotrauma from being harvested in deep water,
the Council determined that removing the commercial minimum size limit
for queen snapper, silk snapper, and blackfin snapper would reduce
discards and discard mortality for these species. Therefore, this final
rule removes the recreational minimum size limit for queen snapper,
silk snapper, and blackfin snapper.
Minimum Size Limit for Gray Triggerfish
This final rule reduces the recreational minimum size limit from 14
inches (35.6 cm) fork length (FL) to 12 inches (30.5 cm) FL for gray
triggerfish in the EEZ off the east coast of Florida. In 2015, the 12
inch (30.5 cm) FL minimum size limit was implemented for gray
triggerfish in the EEZ off North Carolina, South Carolina, and Georgia,
and a minimum size limit of 14 inches (35.6 cm) FL was implemented in
the EEZ off the east coast of Florida (80 FR 30947: June 1, 2015).
However, after the minimum size limit went into effect on July 1, 2015,
stakeholders in Florida expressed concern to the Florida Fish and
Wildlife Conservation Commission (FWC) regarding increasing discards of
gray triggerfish in south Florida where the average size of gray
triggerfish is less than that off northeast Florida. In response to
that concern, the FWC reduced the recreational minimum size limit of
gray triggerfish in state waters to 12 inches (30.5 cm) FL in 2015
(incorrectly stated in the preamble of the proposed rule as 2017), and
requested that the Council develop consistent size limit regulations in
Federal waters for gray triggerfish. Therefore, reducing the
recreational minimum size limit to 12 inches (30.5 cm) FL in the EEZ
off the east coast of Florida will make these state and Federal
regulations for gray triggerfish consistent throughout the Council's
jurisdiction.
20-Fish Snapper-Grouper Aggregate Bag Limit
This final rule modifies the 20-fish snapper-grouper aggregate bag
limit by specifying that no more than 10 fish can be of any one species
within the 20-fish aggregate. There are 14 snapper-grouper species
included in the 20-fish aggregate bag limit for the recreational
sector. Recreational fishers in the South Atlantic EEZ may retain 20
total fish per person per day for the following species: whitebone
porgy, jolthead porgy, knobbed porgy, saucereye porgy, scup, gray
triggerfish, bar jack, almaco jack, banded rudderfish, lesser
amberjack, white grunt, margate, sailor's choice, and Atlantic
spadefish. These species do not have individual recreational bag
limits. The Council determined that modifying the 20-fish aggregate bag
limit in this way would allow recreational anglers to catch the same
number of fish overall as within the current limit, while limiting the
number of any one species within the 20-fish aggregate to 10 fish.
Because of stakeholder concerns over the status of the South Atlantic
gray triggerfish stock and large catches of Atlantic spadefish in
recent years, the Council chose to be proactive and limit the harvest
of these two species, as well as the remainder of the species in the
20-fish aggregate. In addition, the state of Florida currently limits
harvest of gray triggerfish to 10 fish, per person, per day in state
waters off its east coast.
Therefore, this action to revise the snapper-grouper 20-fish
aggregate bag limit also simplifies the regulatory
[[Page 11308]]
environment by creating consistent regulations for recreational fishing
for and retention of gray triggerfish in state and Federal waters off
the east coast of Florida. In both cases (the size limits for gray
triggerfish, and the bag limits applicable to gray triggerfish), the
changes in this final rule align the state and Federal regulations for
gray triggerfish off the east coast of Florida for the benefit of
fishers and law enforcement.
Comments and Responses
NMFS received eight comments from individuals during the public
comment period on the proposed rule for Regulatory Amendment 26. Five
of the comments offered were in general support of the actions in the
proposed rule. NMFS acknowledges the comments in favor of all or part
of the actions in the proposed rule and agrees with them. Three
comments that were beyond the scope of the proposed rule are not
responded to in this final rule. Three comments opposed an action
contained in Regulatory Amendment 26 and the proposed rule; these
comments are grouped into two categories and summarized below, along
with NMFS' responses.
Comment 1: The recreational minimum size limit should not be
removed for blackfin, queen, or silk snapper. This action will
negatively impact the fish population by allowing harvest of juvenile
fish. These species are struggling to recover from overfishing and they
are rarely caught above the minimum size limit. Instead, there should
be larger size restrictions.
Response: NMFS disagrees that the minimum size limit for these
species should not be removed. These three deep-water snapper species
are the only deep-water snapper-grouper species for which there is a
minimum size limit in Federal waters of the South Atlantic. The minimum
size limit was put in place early in the management of these species
before estimates of discard mortality were available and before the
designation of the various species complexes. Snapper-grouper species
that inhabit deep-water are typically associated with very high discard
mortality when caught and brought to the vessel due to the effects from
barotrauma (the expansion of gas in a fish's swim bladder, which causes
bloating and prevents the fish from regulating its buoyancy). These
deep-water species include blueline tilefish, golden tilefish, snowy
grouper, wreckfish, and fish in the in the Deep-water Complex
(yellowedge grouper, silk snapper, misty grouper, queen snapper, sand
tilefish, and blackfin snapper). Because most of these fish that are
discarded will subsequently die, the Council determined that removing
the minimum size limit requirements for queen snapper, silk snapper,
and blackfin snapper will minimize discard mortality in the snapper-
grouper fishery.
Comment 2: The minimum size limit for gray triggerfish should
either remain at 14 inches (35.6 cm) FL or should be increased. Adults
can grow up to 28 inches (71.1 cm) FL, so reducing the minimum size
limit to 12 inches (30.5 cm) FL will allow juvenile fish and young
adults to be caught, which is harmful to the population. Stock status
is a concern, as we are not catching adult-sized gray triggerfish.
Response: NMFS disagrees that reducing the minimum size limit will
be harmful to the gray triggerfish population. NMFS acknowledges that
this action would allow the removal of smaller fish, which could reduce
the number of times a fish spawns. However, the most recent stock
assessment (SEDAR 41, 2016) shows that the species is not undergoing
overfishing and that gray triggerfish have opportunities to spawn
before reaching the revised minimum size limit.
In addition, from 1995 to 2015, the minimum size limit for gray
triggerfish in the EEZ off Florida was 12 inches (30.5 cm) FL. That
minimum size limit was modified in 2015 through the implementation of
Amendment 29 to the Snapper-Grouper FMP to 12 inches (30.5 cm) FL in
the EEZ off North Carolina, South Carolina, and Georgia, and to 14
inches (35.6 cm) FL in the EEZ off the east coast of Florida (80 FR
30947; June 1, 2015). The 2015 modification to the minimum size limit
in Amendment 29 was a precautionary action taken by the Council and
NMFS to respond to concerns about the status of the gray triggerfish
stock in the South Atlantic, to align the east coast of Florida
regulations with those in the Gulf of Mexico, and to achieve
consistency between state and Federal regulations off the east coast of
Florida.
However, after the revised minimum size limit went into effect on
July 1, 2015, stakeholders in Florida voiced concern to the FWC
regarding increasing discards of gray triggerfish in south Florida
where the average size of gray triggerfish is less than that off
northeast Florida. In response, the FWC reduced the recreational
minimum size limit of gray triggerfish to 12 inches (30.5 cm) FL later
in 2015, and requested that the Council implement consistent gray
triggerfish minimum size limit regulations.
The Council chose to reduce the minimum size limit to 12 inches
(30.5 cm) FL to be consistent with the current Florida state regulation
and the regulations in place in the EEZ off the rest of the South
Atlantic states. Because annual catch limits and accountability
measures are in place to prevent overfishing, NMFS has determined that
the action will not jeopardize the sustainability of the stock, and
that will reduce discards and promote a more consistent regulatory
environment for stakeholders and enforcement agencies.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with the Regulatory
Amendment 26, the FMP, the Magnuson-Stevens Act, and other applicable
law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866. This rule is not an E.O.
13771 regulatory action because this rule is not significant under E.O.
12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities. The factual basis for this determination was
published in the proposed rule and is not repeated here. No comments
from the public or SBA's Chief Counsel for Advocacy were received
regarding the certification, and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Bag limits, Deep-water, Fisheries, Fishing, Florida, Fork Length,
Grouper, Size limits, Snapper, South Atlantic.
Dated: February 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
[[Page 11309]]
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. 622.185, revise paragraphs (a)(3) and (c)(2) to read as
follows:
Sec. 622.185 Size limits.
* * * * *
(a) * * *
(3) Cubera, gray, and yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
(c) * * *
(2) Gray triggerfish--12 inches (30.5 cm), FL.
* * * * *
0
3. In Sec. 622.187, revise paragraph (b)(8) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(8) South Atlantic snapper-grouper (whitebone porgy, jolthead
porgy, knobbed porgy, saucereye porgy, scup, almaco jack, banded
rudderfish, lesser amberjack, white grunt, margate, sailor's choice,
Atlantic spadefish, gray triggerfish, bar jack), combined--20. However,
excluded from this 20-fish bag limit are tomtate, South Atlantic
snapper-grouper ecosystem component species (specified in table 4 of
appendix A to part 622), and those specified in paragraphs (b)(1)
through (7) and paragraphs (b)(9) and (10) of this section. Within the
20-fish bag limit, no more than 10 fish can be of any one of these
single snapper-grouper species.
* * * * *
[FR Doc. 2020-03833 Filed 2-26-20; 8:45 am]
BILLING CODE 3510-22-P
