Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 3, 20970-20973 [2020-07891]
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Proposed Rules
• Big game hunting data, including
the number of license holders and
applicants, days spent hunting and
average hunter financial expenditures,
and total number of hunters, harvest,
and success ratio for elk and deer;
• Incidences of human–wolf
encounters; and
• Parasite or disease events related to
Mexican wolves.
Therefore, we are requesting any new
information from the public or our
partners available since the publication
of the 2014 EIS and 2015 final rule (80
FR 2487, January 16, 2015) related to
these topics that is not readily available
on Federal, State, tribal, or county
websites.
Please note that submissions merely
stating support for or opposition to the
items under consideration, without
providing supporting information,
although noted, will not be considered.
Similarly, issues raised that are outside
of the scope of items under
consideration will not be considered in
making a determination. Please consider
the following when preparing your
comments:
• Be as succinct as possible.
• Organize comments beginning with
general comments and then move on to
specific issues.
• Be specific. Comments supported
by logic, rationale, and citations are
more useful than opinions.
• State suggestions and
recommendations clearly with an
expectation of what you would like the
Service to do.
• If you provide alternate
interpretations of science from the
revised recovery plan or other cited
Service document, please support your
analysis with appropriate citations.
• If possible, coordinate your
comments with other like-minded
individuals and organizations. This can
strengthen the comment and help us
understand the depth of concern.
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We will post information pertinent to
NEPA planning on our Mexican Wolf
Recovery Program website, https://
www.fws.gov/southwest/es/
mexicanwolf/NEPA. The references
cited in this notice are also available at
that website.
Authors
The primary authors of this notice are
the staff members of the Mexican Wolf
Recovery Program, U.S. Fish and
Wildlife Service, Interior Regions 7 and
8.
17:48 Apr 14, 2020
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Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
The authority for this action is the
Endangered Species Act of 1973 (16
U.S.C. 1531 et. seq.) and the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
Amy Lueders,
Regional Director.
[FR Doc. 2020–07715 Filed 4–14–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200409–0107]
RIN 0648–BJ67
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Abbreviated Framework
Amendment 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
References and Availability of
Documents for Review
VerDate Sep<11>2014
Public Availability of Comments
NMFS proposes to implement
management measures described in
Abbreviated Framework Amendment 3
(Abbreviated Framework 3) to the
Fishery Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region, as prepared and
submitted by the South Atlantic Fishery
Management Council (South Atlantic
Council). If implemented, Abbreviated
SUMMARY:
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Framework 3 and this proposed rule
would revise the commercial and
recreational annual catch limits (ACLs)
and recreational annual catch target
(ACT) for blueline tilefish in the
exclusive economic zone (EEZ) of the
South Atlantic. The purpose of this
proposed rule is to ensure that ACLs for
South Atlantic blueline tilefish are
based on the best scientific information
available, to achieve and maintain
optimum yield (OY), and to prevent
overfishing while minimizing to the
extent practicable, adverse social and
economic effects.
DATES: Written comments must be
received by May 15, 2020.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2020–0039’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal
Rulemaking Portal. Go to https://
www.regulations.gov/docket?D=NOAANMFS-2020-0039, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit all written comments
to Mary Vara, NMFS Southeast Regional
Office (SERO), 263 13th Avenue South,
St. Petersburg, FL 33701.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Abbreviated
Framework 3, which includes a
Regulatory Flexibility Act (RFA)
analysis and a regulatory impact review,
may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
abbreviated-framework-amendment-3blueline-tilefish.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS SERO, telephone:
727–824–5305, email: mary.vara@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic region is managed under the
FMP and includes blueline tilefish,
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Proposed Rules
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along with other snapper-grouper
species. The FMP was prepared by the
South Atlantic Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). All
weights described in this proposed rule
are in round weight.
Background
The Magnuson-Stevens Act requires
NMFS and regional fishery management
councils to prevent overfishing and
achieve, on a continuing basis, the OY
from federally managed fish stocks to
ensure that fishery resources are
managed for the greatest overall benefit
to the nation.
Blueline tilefish is a single genetic
stock that ranges from the Mid-Atlantic
coast to the northeastern Gulf of Mexico.
The South Atlantic Council manages
blueline tilefish in the EEZ from the
North Carolina and Virginia border
southward to the South Atlantic
Council’s jurisdictional line in the
Florida Keys. The Mid-Atlantic Fishery
Management Council (Mid-Atlantic
Council) manages blueline tilefish in the
EEZ from the North Carolina and
Virginia border northward through
Maine as part of the Tilefish FMP of the
Mid-Atlantic Region.
In October 2017, a Southeast Data,
Assessment, and Review (SEDAR)
benchmark assessment was completed
for the Atlantic stock of blueline tilefish,
using data through 2015. SEDAR 50
included blueline tilefish that are found
in both the South Atlantic and the MidAtlantic Councils’ jurisdictions. As data
for blueline tilefish are less available
north of Cape Hatteras, North Carolina,
that area was assessed using a datalimited model, while the area south of
Cape Hatteras was assessed using an
age-aggregated production model. The
South Atlantic Council’s Scientific and
Statistical Committee (SSC) initially was
only able to provide an acceptable
biological catch (ABC) recommendation
for the portion of the blueline tilefish
south of Cape Hatteras. Therefore, an
ABC workgroup, comprised of SSC
members from both the South Atlantic
and Mid-Atlantic Councils and stock
assessment participants, was needed to
provide an ABC recommendation for the
portion of the blueline tilefish stock
north of Cape Hatteras and divide that
ABC recommendation between the two
Council’s jurisdictions. Using this
information, the South Atlantic
Council’s SSC was then able to provide
an ABC recommendation for blueline
tilefish to the South Atlantic Council for
their entire jurisdiction.
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The current total ACL for blueline
tilefish is 174,798 lb (79,287 kg), and is
allocated to the commercial sector
(50.07 percent) and the recreational
sector (49.93 percent). The final rule for
Regulatory Amendment 25 to the FMP
implemented these ACLs (81 FR 45245,
July 13, 2016), and the current sector
allocations were established in
Regulatory Amendment 13 to the FMP
(78 FR 36113, June 17, 2013). This
proposed rule would set the total ACL
equal to the total South Atlantic ABC of
233,968 lb (106,126 kg). This proposed
rule would also update the commercial
and recreational ACLs using the existing
allocation percentages.
Management Measure Contained in
This Proposed Rule
This proposed rule would revise the
commercial and recreational ACLs for
South Atlantic blueline tilefish based on
updated information from SEDAR 50.
Currently, the blueline tilefish
commercial ACL is 87,521 lb (39,699 kg)
and the recreational ACL is 87,277 lb
(39,588 kg).
Consistent with the results of SEDAR
50 and the ABC recommendation from
the SSC and subsequently accepted by
the South Atlantic Council, this
proposed rule would increase the
commercial and recreational ACLs for
blueline tilefish.
The total ACL would equal the total
South Atlantic ABC of 233,968 lb
(106,126 kg). The commercial ACL
would be set at 117,148 lb (53,137 kg)
and the recreational ACL would be set
at 116,820 lb (52,989 kg).
The proposed ACLs are consistent
with the South Atlantic Council SSC’s
ABC recommendation, and this
proposed rule would not change the
sector allocations.
The blueline tilefish commercial
sector has experienced in-season fishing
closures every year between April and
August since 2014, regardless of the
value of the commercial ACL. If the
catch rates of blueline tilefish in the
commercial sector continue as expected
in the future, the proposed commercial
ACL would still be expected to result in
in-season closures during the
commercial season as a result of the
ACL being reached. However, the
proposed increase to the commercial
ACL is expected to extend the
commercial fishing season in future
fishing years. Because of recent changes
to blueline tilefish management
measures and in-season closures,
comparative analysis of future
commercial season lengths is uncertain.
Blueline tilefish is closed to
recreational harvest in the South
Atlantic each year from January 1
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through April 30, and September 1
through December 31. Each year since
2016, recreational landings of blueline
tilefish have exceeded the current
recreational ACL of 87,277 lb (39,588
kg). However, a recreational closure
during the fishing year as a result of
landings being projected to reach the
recreational ACL has not occurred
because in-season recreational landings
are typically not available until after the
May through August fishing season
concludes. When compared to recent
trends in estimated recreational
landings, the proposed increase in the
recreational ACL could reduce the
likelihood that the ACL would be met
during the fixed May through August
fishing season.
Management Measure Contained in
Abbreviated Framework 3 not Codified
Through This Proposed Rule
In addition to the measure in this
proposed rule, Abbreviated Framework
3 would update the recreational ACT for
blueline tilefish in the South Atlantic
EEZ. The current and proposed
recreational ACT are both based on an
ACT equation where the recreational
ACT is equal to the recreational ACL
multiplied by (1 minus the Percent
Standard Error) or the recreational ACL
multiplied by 0.5, whichever is greater.
The current recreational ACT of 54,653
lb (24,790 kg) would be increased to
70,886 lb (32,153 kg).
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 Abbreviated Framework 3, the
FMP, other provisions of the MagnusonStevens Act, and other applicable laws,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive
Order 13771 regulatory action because
this rule is not significant under
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
for purposes of the RFA that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this determination
is as follows.
A description of the proposed rule
and its purpose are contained at the
beginning of the SUPPLEMENTARY
INFORMATION section and in the SUMMARY
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Proposed Rules
section of the preamble. The MagnusonStevens Act provides the statutory basis
for this rule. No duplicative,
overlapping, or conflicting Federal rules
have been identified. In addition, no
new reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, the
Paperwork Reduction Act does not
apply to this proposed rule. The
objectives of this proposed rule are to
ensure that ACLs for South Atlantic
blueline tilefish are based on the best
scientific information available to
achieve and maintain OY and to prevent
overfishing while minimizing to the
extent practicable, adverse social and
economic effects.
This proposed rule would increase
the total ACL, and consequently the
commercial and recreational ACLs for
blueline tilefish in the South Atlantic
EEZ. Abbreviated Framework 3 would
increase the recreational ACT for South
Atlantic blueline tilefish. Thus, this
proposed rule applies to entities that
harvest South Atlantic blueline tilefish.
Recreational anglers fishing for South
Atlantic blueline tilefish would be
directly affected by the proposed rule.
However, anglers are not considered
entities under the RFA and thus would
not be directly regulated by this
proposed rule.
This proposed rule is expected to
directly regulate commercial and charter
vessel and headboat (for-hire)
businesses (vessels) that harvest or have
the ability to harvest South Atlantic
blueline tilefish. In 2018, there were 549
vessels with valid or renewable Federal
South Atlantic snapper-grouper
unlimited permits and 110 vessels with
valid or renewable 225-lb (102-kg) trip
limited permits. Any vessel with a valid
Federal South Atlantic snapper-grouper
unlimited permit or 225-lb (102-kg) trip
limited permit may commercially
harvest blueline tilefish. In 2018, there
were 2,176 for-hire vessels that
possessed a valid or renewable Federal
charter vessel/headboat South Atlantic
snapper-grouper permit. Any for-hire
vessel with a valid Federal charter
vessel/headboat South Atlantic snappergrouper permit may harvest South
Atlantic blueline tilefish. The number of
charter vessels with valid permits that
harvest South Atlantic blueline tilefish
cannot be determined with available
data. Based on the information above, it
is determined that this proposed rule
may directly regulate 659 commercial
fishing businesses and 2,176 for-hire
fishing businesses.
From 2014 through 2018, an average
of 143 vessels per year landed blueline
tilefish in the South Atlantic. Taken
together, these vessels averaged 716
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16:50 Apr 14, 2020
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trips per year in the South Atlantic on
which blueline tilefish were landed, and
an additional 4,400 trips in the South
Atlantic that did not land any blueline
tilefish or were taken outside the South
Atlantic regardless of the species
caught. In 2018 dollars, the average
annual total revenues were
approximately $0.03 million from
blueline tilefish, $1.89 million from
other species co-harvested with blueline
tilefish on the same trips, and $8.95
million from trips in the South Atlantic
on which no blueline tilefish were
harvested or trips that occurred outside
the South Atlantic. Average annual
gross revenue from all species landed by
vessels harvesting blueline tilefish in
the South Atlantic was approximately
$11.15 million. Thus, average annual
gross revenue per vessel was about
$78,000 per vessel. For federally
permitted charter vessels and headboats
in the South Atlantic, average annual
gross revenue is $123,064 per charter
vessel and $267,067 per headboat in
2018 dollars.
On December 29, 2015, NMFS issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts (revenue) for all
businesses primarily engaged in the
commercial fishing industry (NAICS
code 11411) for RFA compliance
purposes only (80 FR 81194, December
29, 2015). In addition to this gross
revenue standard, a business primarily
involved in commercial fishing is
classified as a small business if it is
independently owned and operated, and
is not dominant in it field of operations
(including its affiliates). From 2014
through 2018, the maximum average
annual gross revenue for a single vessel
in the commercial snapper-grouper
fishing industry was about $1.6 million
in 2018 dollars. Based on this
information, all directly regulated
commercial fishing businesses are
determined, for the purpose of this
analysis, to be small entities.
The SBA has established size
standards for all other major industry
sectors in the U.S., including for-hire
fishing businesses (NAICS code
487210). A business primarily involved
in the for-hire fishing industry 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 has annual
receipts (revenue) not in excess of $8
million for all its affiliated operations
worldwide. In 2017, the maximum
annual gross revenue for a single
headboat in the South Atlantic was
about $765,200 in 2018 dollars. On
average, annual gross revenue for
headboats is more than double the
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annual gross revenue for charter vessels.
Thus, it is assumed the maximum
annual gross revenue for charter vessels
is less than $765,200. Based on this
information, all directly regulated forhire fishing businesses are determined,
for the purpose of this analysis, to be
small entities.
This proposed rule would increase
the total ACL from 174,798 lb to 233,968
lb (79,287 kg to 106,126 kg), the
commercial ACL from 87,521 lb to
117,148 lb (39,699 kg to 53,137 kg), and
the recreational ACL from 87,277 lb to
116,820 lb (39,588 kg to 52,989 kg).
Abbreviated Framework 3 would
increase the recreational ACT from
54,653 lb to 70,886 lb (24,790 kg to
32,153 kg). The recreational ACT does
not constrain harvest in the recreational
sector and therefore is not relevant with
respect to determining effects on small
entities.
The increase in the commercial ACL
is expected to increase annual gross
revenue for commercial snappergrouper fishing entities harvesting
blueline tilefish by a total of $96,979, or
by about $678 per active vessel, while
profits for all commercial snappergrouper fishing entities harvesting
blueline tilefish is expected to increase
by $23,134, or about $162 per vessel, in
2018 dollars. Because the recreational
ACL is shared between private anglers
and for-hire vessels, but without an
established allocation, it is not possible
to determine how much of the increase
in the recreational ACL would accrue to
the for-hire snapper-grouper vessels that
harvest blueline tilefish. However, the
higher recreational ACL would be
expected to at least minimally increase
the number of for-hire trips harvesting
blueline tilefish, which in turn would
be expected to minimally increase the
for-hire vessels’ profits.
Based on the information above, this
proposed rule would positively affect
small commercial and for-hire fishing
entities in the South Atlantic snappergrouper fishery that harvest blueline
tilefish. Therefore, this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. Because this proposed rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Blueline tilefish,
Fisheries, Fishing, South Atlantic.
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Federal Register / Vol. 85, No. 73 / Wednesday, April 15, 2020 / Proposed Rules
Dated: April 9, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
2. In § 622.193, revise the first
sentence in paragraphs (z)(1)(i), (2)(i),
and (3) to read as follows:
■
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
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Authority: 16 U.S.C. 1801 et seq.
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16:50 Apr 14, 2020
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§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(z) * * *
(1) * * *
(i) If commercial landings for blueline
tilefish, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 117,148 lb (53,137 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for the
remainder of the fishing year. * * *
*
*
*
*
*
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20973
(2) * * *
(i) If recreational landings for blueline
tilefish, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 116,820 lb (52,989 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year, unless the
RA determines that no closure is
necessary based on the best scientific
information available. * * *
*
*
*
*
*
(3) The combined commercial and
recreational sector ACL (total ACL) is
233,968 lb (106,126 kg), round weight.
[FR Doc. 2020–07891 Filed 4–14–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 73 (Wednesday, April 15, 2020)]
[Proposed Rules]
[Pages 20970-20973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07891]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200409-0107]
RIN 0648-BJ67
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated
Framework Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Abbreviated Framework Amendment 3 (Abbreviated Framework 3) to the
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the
South Atlantic Region, as prepared and submitted by the South Atlantic
Fishery Management Council (South Atlantic Council). If implemented,
Abbreviated Framework 3 and this proposed rule would revise the
commercial and recreational annual catch limits (ACLs) and recreational
annual catch target (ACT) for blueline tilefish in the exclusive
economic zone (EEZ) of the South Atlantic. The purpose of this proposed
rule is to ensure that ACLs for South Atlantic blueline tilefish are
based on the best scientific information available, to achieve and
maintain optimum yield (OY), and to prevent overfishing while
minimizing to the extent practicable, adverse social and economic
effects.
DATES: Written comments must be received by May 15, 2020.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2020-0039'' by any of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2020-0039, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit all written comments to Mary Vara, NMFS
Southeast Regional Office (SERO), 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any
other address or individual, or received after the end of the comment
period, may not be considered by NMFS. All comments received are a part
of the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in required fields if you wish to remain anonymous).
Electronic copies of Abbreviated Framework 3, which includes a
Regulatory Flexibility Act (RFA) analysis and a regulatory impact
review, may be obtained from www.regulations.gov or the Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/abbreviated-framework-amendment-3-blueline-tilefish.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS SERO, telephone: 727-
824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the FMP and includes blueline
tilefish,
[[Page 20971]]
along with other snapper-grouper species. The FMP was prepared by the
South Atlantic Council and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). All weights
described in this proposed rule are in round weight.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks to ensure that fishery
resources are managed for the greatest overall benefit to the nation.
Blueline tilefish is a single genetic stock that ranges from the
Mid-Atlantic coast to the northeastern Gulf of Mexico. The South
Atlantic Council manages blueline tilefish in the EEZ from the North
Carolina and Virginia border southward to the South Atlantic Council's
jurisdictional line in the Florida Keys. The Mid-Atlantic Fishery
Management Council (Mid-Atlantic Council) manages blueline tilefish in
the EEZ from the North Carolina and Virginia border northward through
Maine as part of the Tilefish FMP of the Mid-Atlantic Region.
In October 2017, a Southeast Data, Assessment, and Review (SEDAR)
benchmark assessment was completed for the Atlantic stock of blueline
tilefish, using data through 2015. SEDAR 50 included blueline tilefish
that are found in both the South Atlantic and the Mid-Atlantic
Councils' jurisdictions. As data for blueline tilefish are less
available north of Cape Hatteras, North Carolina, that area was
assessed using a data-limited model, while the area south of Cape
Hatteras was assessed using an age-aggregated production model. The
South Atlantic Council's Scientific and Statistical Committee (SSC)
initially was only able to provide an acceptable biological catch (ABC)
recommendation for the portion of the blueline tilefish south of Cape
Hatteras. Therefore, an ABC workgroup, comprised of SSC members from
both the South Atlantic and Mid-Atlantic Councils and stock assessment
participants, was needed to provide an ABC recommendation for the
portion of the blueline tilefish stock north of Cape Hatteras and
divide that ABC recommendation between the two Council's jurisdictions.
Using this information, the South Atlantic Council's SSC was then able
to provide an ABC recommendation for blueline tilefish to the South
Atlantic Council for their entire jurisdiction.
The current total ACL for blueline tilefish is 174,798 lb (79,287
kg), and is allocated to the commercial sector (50.07 percent) and the
recreational sector (49.93 percent). The final rule for Regulatory
Amendment 25 to the FMP implemented these ACLs (81 FR 45245, July 13,
2016), and the current sector allocations were established in
Regulatory Amendment 13 to the FMP (78 FR 36113, June 17, 2013). This
proposed rule would set the total ACL equal to the total South Atlantic
ABC of 233,968 lb (106,126 kg). This proposed rule would also update
the commercial and recreational ACLs using the existing allocation
percentages.
Management Measure Contained in This Proposed Rule
This proposed rule would revise the commercial and recreational
ACLs for South Atlantic blueline tilefish based on updated information
from SEDAR 50.
Currently, the blueline tilefish commercial ACL is 87,521 lb
(39,699 kg) and the recreational ACL is 87,277 lb (39,588 kg).
Consistent with the results of SEDAR 50 and the ABC recommendation
from the SSC and subsequently accepted by the South Atlantic Council,
this proposed rule would increase the commercial and recreational ACLs
for blueline tilefish.
The total ACL would equal the total South Atlantic ABC of 233,968
lb (106,126 kg). The commercial ACL would be set at 117,148 lb (53,137
kg) and the recreational ACL would be set at 116,820 lb (52,989 kg).
The proposed ACLs are consistent with the South Atlantic Council
SSC's ABC recommendation, and this proposed rule would not change the
sector allocations.
The blueline tilefish commercial sector has experienced in-season
fishing closures every year between April and August since 2014,
regardless of the value of the commercial ACL. If the catch rates of
blueline tilefish in the commercial sector continue as expected in the
future, the proposed commercial ACL would still be expected to result
in in-season closures during the commercial season as a result of the
ACL being reached. However, the proposed increase to the commercial ACL
is expected to extend the commercial fishing season in future fishing
years. Because of recent changes to blueline tilefish management
measures and in-season closures, comparative analysis of future
commercial season lengths is uncertain.
Blueline tilefish is closed to recreational harvest in the South
Atlantic each year from January 1 through April 30, and September 1
through December 31. Each year since 2016, recreational landings of
blueline tilefish have exceeded the current recreational ACL of 87,277
lb (39,588 kg). However, a recreational closure during the fishing year
as a result of landings being projected to reach the recreational ACL
has not occurred because in-season recreational landings are typically
not available until after the May through August fishing season
concludes. When compared to recent trends in estimated recreational
landings, the proposed increase in the recreational ACL could reduce
the likelihood that the ACL would be met during the fixed May through
August fishing season.
Management Measure Contained in Abbreviated Framework 3 not Codified
Through This Proposed Rule
In addition to the measure in this proposed rule, Abbreviated
Framework 3 would update the recreational ACT for blueline tilefish in
the South Atlantic EEZ. The current and proposed recreational ACT are
both based on an ACT equation where the recreational ACT is equal to
the recreational ACL multiplied by (1 minus the Percent Standard Error)
or the recreational ACL multiplied by 0.5, whichever is greater. The
current recreational ACT of 54,653 lb (24,790 kg) would be increased to
70,886 lb (32,153 kg).
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 Abbreviated Framework 3, the FMP, other provisions of
the Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 13771 regulatory action because this rule is not
significant under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) for purposes of the RFA that this proposed rule,
if adopted, would not have a significant economic impact on a
substantial number of small entities. The factual basis for this
determination is as follows.
A description of the proposed rule and its purpose are contained at
the beginning of the SUPPLEMENTARY INFORMATION section and in the
SUMMARY
[[Page 20972]]
section of the preamble. The Magnuson-Stevens Act provides the
statutory basis for this rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting, record-keeping, or other compliance requirements are
introduced by this proposed rule. Accordingly, the Paperwork Reduction
Act does not apply to this proposed rule. The objectives of this
proposed rule are to ensure that ACLs for South Atlantic blueline
tilefish are based on the best scientific information available to
achieve and maintain OY and to prevent overfishing while minimizing to
the extent practicable, adverse social and economic effects.
This proposed rule would increase the total ACL, and consequently
the commercial and recreational ACLs for blueline tilefish in the South
Atlantic EEZ. Abbreviated Framework 3 would increase the recreational
ACT for South Atlantic blueline tilefish. Thus, this proposed rule
applies to entities that harvest South Atlantic blueline tilefish.
Recreational anglers fishing for South Atlantic blueline tilefish would
be directly affected by the proposed rule. However, anglers are not
considered entities under the RFA and thus would not be directly
regulated by this proposed rule.
This proposed rule is expected to directly regulate commercial and
charter vessel and headboat (for-hire) businesses (vessels) that
harvest or have the ability to harvest South Atlantic blueline
tilefish. In 2018, there were 549 vessels with valid or renewable
Federal South Atlantic snapper-grouper unlimited permits and 110
vessels with valid or renewable 225-lb (102-kg) trip limited permits.
Any vessel with a valid Federal South Atlantic snapper-grouper
unlimited permit or 225-lb (102-kg) trip limited permit may
commercially harvest blueline tilefish. In 2018, there were 2,176 for-
hire vessels that possessed a valid or renewable Federal charter
vessel/headboat South Atlantic snapper-grouper permit. Any for-hire
vessel with a valid Federal charter vessel/headboat South Atlantic
snapper-grouper permit may harvest South Atlantic blueline tilefish.
The number of charter vessels with valid permits that harvest South
Atlantic blueline tilefish cannot be determined with available data.
Based on the information above, it is determined that this proposed
rule may directly regulate 659 commercial fishing businesses and 2,176
for-hire fishing businesses.
From 2014 through 2018, an average of 143 vessels per year landed
blueline tilefish in the South Atlantic. Taken together, these vessels
averaged 716 trips per year in the South Atlantic on which blueline
tilefish were landed, and an additional 4,400 trips in the South
Atlantic that did not land any blueline tilefish or were taken outside
the South Atlantic regardless of the species caught. In 2018 dollars,
the average annual total revenues were approximately $0.03 million from
blueline tilefish, $1.89 million from other species co-harvested with
blueline tilefish on the same trips, and $8.95 million from trips in
the South Atlantic on which no blueline tilefish were harvested or
trips that occurred outside the South Atlantic. Average annual gross
revenue from all species landed by vessels harvesting blueline tilefish
in the South Atlantic was approximately $11.15 million. Thus, average
annual gross revenue per vessel was about $78,000 per vessel. For
federally permitted charter vessels and headboats in the South
Atlantic, average annual gross revenue is $123,064 per charter vessel
and $267,067 per headboat in 2018 dollars.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in it field of operations (including its
affiliates). From 2014 through 2018, the maximum average annual gross
revenue for a single vessel in the commercial snapper-grouper fishing
industry was about $1.6 million in 2018 dollars. Based on this
information, all directly regulated commercial fishing businesses are
determined, for the purpose of this analysis, to be small entities.
The SBA has established size standards for all other major industry
sectors in the U.S., including for-hire fishing businesses (NAICS code
487210). A business primarily involved in the for-hire fishing industry
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 has annual receipts (revenue) not in excess of $8
million for all its affiliated operations worldwide. In 2017, the
maximum annual gross revenue for a single headboat in the South
Atlantic was about $765,200 in 2018 dollars. On average, annual gross
revenue for headboats is more than double the annual gross revenue for
charter vessels. Thus, it is assumed the maximum annual gross revenue
for charter vessels is less than $765,200. Based on this information,
all directly regulated for-hire fishing businesses are determined, for
the purpose of this analysis, to be small entities.
This proposed rule would increase the total ACL from 174,798 lb to
233,968 lb (79,287 kg to 106,126 kg), the commercial ACL from 87,521 lb
to 117,148 lb (39,699 kg to 53,137 kg), and the recreational ACL from
87,277 lb to 116,820 lb (39,588 kg to 52,989 kg). Abbreviated Framework
3 would increase the recreational ACT from 54,653 lb to 70,886 lb
(24,790 kg to 32,153 kg). The recreational ACT does not constrain
harvest in the recreational sector and therefore is not relevant with
respect to determining effects on small entities.
The increase in the commercial ACL is expected to increase annual
gross revenue for commercial snapper-grouper fishing entities
harvesting blueline tilefish by a total of $96,979, or by about $678
per active vessel, while profits for all commercial snapper-grouper
fishing entities harvesting blueline tilefish is expected to increase
by $23,134, or about $162 per vessel, in 2018 dollars. Because the
recreational ACL is shared between private anglers and for-hire
vessels, but without an established allocation, it is not possible to
determine how much of the increase in the recreational ACL would accrue
to the for-hire snapper-grouper vessels that harvest blueline tilefish.
However, the higher recreational ACL would be expected to at least
minimally increase the number of for-hire trips harvesting blueline
tilefish, which in turn would be expected to minimally increase the
for-hire vessels' profits.
Based on the information above, this proposed rule would positively
affect small commercial and for-hire fishing entities in the South
Atlantic snapper-grouper fishery that harvest blueline tilefish.
Therefore, this proposed rule would not have a significant economic
impact on a substantial number of small entities. Because this proposed
rule, if implemented, is not expected to have a significant economic
impact on any small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Blueline tilefish, Fisheries, Fishing, South
Atlantic.
[[Page 20973]]
Dated: April 9, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.193, revise the first sentence in paragraphs (z)(1)(i),
(2)(i), and (3) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(z) * * *
(1) * * *
(i) If commercial landings for blueline tilefish, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 117,148
lb (53,137 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(2) * * *
(i) If recreational landings for blueline tilefish, as estimated by
the SRD, reach or are projected to reach the recreational ACL of
116,820 lb (52,989 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the recreational
sector for the remainder of the fishing year, unless the RA determines
that no closure is necessary based on the best scientific information
available. * * *
* * * * *
(3) The combined commercial and recreational sector ACL (total ACL)
is 233,968 lb (106,126 kg), round weight.
[FR Doc. 2020-07891 Filed 4-14-20; 8:45 am]
BILLING CODE 3510-22-P
