Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Snapper Management Measures, 40181-40183 [2020-13774]
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Proposed Rules
seeks comments on these matters. The
Commission also queries what penalties
should be imposed for failure to comply
with a certification requirement, if
adopted, and whether license forfeitures
or other penalties should be imposed for
failure to timely begin operations and
seeks comments.
81. The Commission expects to more
fully consider the economic impact and
alternatives for small entities following
the review of comments and costs and
benefits analyses filed in response to the
NPRM. The Commission’s evaluation of
this information will shape the final
alternatives it considers, the final
conclusions it reaches, and any final
actions it ultimately takes in this
proceeding to minimize any significant
economic impact that may occur on
small entities.
82. Federal Rules that May Duplicate,
Overlap, or Conflict with the Proposed
Rules. None.
83. Initial Paperwork Reduction Act of
1995 Analysis. This Notice of Proposed
Rulemaking may contain new or
modified information collection(s)
subject to the Paperwork Reduction Act
of 1995. If the Commission adopts any
new or modified information collection
requirements, it will be submitted to the
Office of Management and Budget
(OMB) for review under section 3507(d)
of the PRA. OMB, the general public,
and other federal agencies are invited to
comment on the new or modified
information collection requirements
contained in this proceeding. In
addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
the Commission seeks specific
comments on how the Commission
might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
Ordering Clauses
84. Accordingly, it is ordered that,
pursuant to sections 4(i) and (j), 303,
and 307 of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), (j),
303, 307, and 47 CFR 1.407, the
petitions for rulemaking filed by
Aeronet, RM–11824 and RM–11825, are
granted as discussed herein, and this
Notice of Proposed Rulemaking in WT
Docket No. 20–133 is adopted.
85. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA).
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86. It is further ordered, pursuant to
sections 4(i) –(j) of the Communications
Act of 1934, 47 U.S.C. 154(i), (j), and
§ 1.925 of the Commission’s rules, that
the Request for Waiver of Aviat
Networks, Inc. filed on April 5, 2013, as
amended on March 24, 2014; and on
November 10, 2014 (to add Radio
Frequency Systems as a party), and the
Request for Waiver of CBF Networks,
Inc. d/b/a Fastback Networks, filed on
June 19, 2015, are denied. If no petitions
for reconsideration are timely filed, WT
Docket No. 15–244 is terminated, and its
docket shall be closed.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020–14064 Filed 7–2–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200622–0165]
RIN 0648–BJ20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Snapper Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendment 51 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
(Gulf)(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council) (Amendment 51). This
proposed rule would establish and
modify status determination criteria and
harvest levels for the gray snapper stock.
The purposes of this proposed rule are
to end overfishing of gray snapper and
achieve optimum yield (OY).
DATES: Written comments must be
received by August 5, 2020.
ADDRESSES: You may submit comments
on the proposed rule identified by
‘‘NOAA–NMFS–2019–0116’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
SUMMARY:
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40181
NOAA-NMFS-2019-0116, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit all written comments
to Peter Hood, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 51,
which includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act analysis,
and a regulatory impact review, may be
obtained from the Southeast Regional
Office website at https://
www.fisheries.noaa.gov/action/
amendment-51-establish-gray-snapperstatus-determination-criteria-andmodify-annual-catch.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes gray snapper,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
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.
These mandates are intended to ensure
fishery resources are managed for the
greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
ecosystems.
Unless otherwise noted, all weights in
this proposed rule are in round weight.
Gray snapper in the Gulf exclusive
economic zone (EEZ) are managed as a
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Proposed Rules
single stock with a stock annual catch
limit (ACL), and a stock annual catch
target (ACT). There is no allocation of
the stock ACL between the commercial
and recreational sectors. Gray snapper
occur in estuaries and shelf waters of
the Gulf, and are particularly abundant
off south and southwest Florida.
Generally, the fishing season is open
year-round, January 1 through December
31. However, accountability measures
(AMs) for gray snapper specify that if
commercial and recreational landings
exceed the stock ACL in a fishing year,
then during the following fishing year if
the stock ACL is reached or is projected
to be reached, the commercial and
recreational sectors will be closed for
the remainder of the fishing year. The
gray snapper ACL and AMs were
implemented in 2012 (76 FR 82044;
December 29, 2011) and the stock ACL
of 2.42 million lb (1.1 million kg) was
not exceeded between 2012 and 2018.
Preliminary review of the most recent
landings data indicate this ACL is not
likely to be exceeded in 2019. However,
landings in 2014 and 2016 did exceed
the ACLs proposed in this rule.
In 2018, the stock status of gray
snapper was evaluated for the first time
through a Southeast Data, Assessment,
and Review benchmark stock
assessment (SEDAR 51). The Council’s
Scientific and Statistical Committee
(SSC) reviewed SEDAR 51 and accepted
the assessment as the best scientific
information available. The SSC
determined that the stock is undergoing
overfishing as of 2015, which was the
last year of data included in the
assessment, because the fishing
mortality rate (F) exceeded the current
maximum fishing mortality threshold
(MFMT). The SSC was not able to
determine whether the stock is
overfished, because the maximum
sustainable yield (MSY) and minimum
stock size threshold (MSST) for gray
snapper are not specified in the FMP.
SEDAR 51 could not estimate the
actual MSY with the best scientific
information available. Therefore, the
Council considered alternatives for an
MSY proxy that uses the spawning
potential ratio (SPR). The SPR is the
ratio of the average number of eggs per
fish over its lifetime when the stock is
fished compared to the same value
when the stock is not fished. The SPR
assumes that a certain amount of fish
must survive and spawn in order to
replenish the stock. Analyses of stocks
with various life histories suggest that,
in general, the MSY is most commonly
associated with the yield when fishing
at an F that corresponds to an SPR
between 30 and 40 percent.
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After reviewing the SEDAR 51
assessment, the SSC recommended that
the MSY proxy be set at the yield when
fishing at an F corresponding to a 30
percent SPR (F30%SPR), which is
consistent with the current MFMT for
gray snapper, set in 1999. However, the
Council noted that the Gulf red snapper
proxy is set at the yield associated when
fishing at an F corresponding 26 percent
SPR (F26%SPR), which allows for a larger
yield at a given stock size. After further
analyses and review, the SSC
determined that the yield when fishing
at F26%SPR is scientifically acceptable as
a proxy for MSY, but, because of the
uncertainty in the SEDAR 51
assessment, maintained its previous
recommendation of the more risk-averse
MSY proxy using the yield when fishing
at F30%SPR. The Council selected the
yield when fishing at F26%SPR for an
MSY proxy to balance protection of the
gray snapper stock with an increase in
social and economic benefits for fishers
targeting the species that is expected to
result from allowing more harvest.
As a result of the increasing
uncertainty with long-range projections,
the SSC only provided overfishing limit
(OFL) and acceptable biological catch
(ABC) recommendations for the gray
snapper stock through 2021. From
SEDAR 51, the OFLs associated with the
MSY proxy selected by the Council are
2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.17 million
kg) for 2021, and the ABCs
recommended by the SSC are 2.51
million lb (1.14 million kg) for 2020 and
subsequent years.
Management Measure Contained in
This Proposed Rule
If implemented, this proposed rule
would revise the ACL for the Gulf gray
snapper stock, and remove the ACT.
Annual Catch Limits and Annual Catch
Target
The current ACL for gray snapper is
2.42 million lb (1.1 million kg) and was
established based on average landings
from 1999 through 2008. The current
ACT is set 14 percent below the ACL,
at 2.08 million lb.
To determine the new ACLs, the
Council used its ACL/ACT control rule
to determine whether to apply a buffer
to the ABC recommendations to account
for management uncertainty. The results
indicated that an 11 percent buffer is
appropriate. When applied to the 2020–
2021 ABC recommendations, the
resulting gray snapper stock ACLs in
this proposed rule would be 2.24
million lb (1.02 million kg) for the 2020
fishing year. For 2021 and subsequent
fishing years, the ACL would be set at
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2.23 million lb (1.01 million kg). The
Council decided to remove the ACT for
gray snapper because it has not been
used for management since its
implementation in 2012.
Management Measures Contained in
Amendment 51 But Not Codified
Through This Proposed Rule
Amendment 51 would modify the
OFL and ABC for the gray snapper stock
as previously explained. Amendment 51
would also modify the MFMT and
specify the MSY, MSST, and OY for the
stock. NMFS uses the MSST and MFMT
to determine whether a stock is
overfished or undergoing overfishing,
respectively. If the stock biomass falls
below the MSST, then the stock is
considered overfished and the Council
would then need to develop a
rebuilding plan capable of returning the
stock to a level that allows the stock to
achieve MSY on a continuing basis. In
years when there is a stock assessment,
if fishing mortality exceeds the MFMT,
a stock is considered to be undergoing
overfishing, because this level of fishing
mortality, if continued, would reduce
the stock biomass to an overfished
condition. In years in which there is no
assessment, overfishing occurs if
landings exceed the OFL.
Amendment 51 would set the MSY
proxy as the yield when fishing at
F26%SPR. MFMT would be changed from
F30%SPR to F26%SPR, and the MSST would
be 50 percent of the biomass at MSY or
the MSY proxy. The OY would be the
yield when fishing at 90 percent of
FMSY(or MSY proxy). As noted previously,
under the current MFMT, overfishing
was occurring as of 2015. Under the
proposed MFMT of F26%SPR, projections
from SEDAR 51 suggest overfishing
ended in 2017. Under the proposed
MSST, the stock would not be
overfished.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
This rule has been determined to be
not significant for purposes of Executive
Order 12866. This rule is not an E.O.
13771 regulatory action because this
rule is not significant under E.O. 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
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Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Proposed Rules
a substantial number of small entities.
The factual basis for this certification is
as follows. A copy of the full analysis
is available from NMFS (see
ADDRESSES).
A description of the action, why it is
being considered, and the objectives of
and legal basis for this action are
contained in the SUMMARY section of the
preamble.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new reporting
or recordkeeping compliance
requirements are introduced in this
proposed rule.
The proposed rule concerns
recreational and commercial fishing for
gray snapper in Federal waters of the
Gulf. It directly affects both anglers
(recreational fishers) and commercial
fishing businesses that harvest gray
snapper in the Gulf EEZ.
Anglers are not considered small
entities as that term is defined in 5
U.S.C. 601(6), whether fishing from forhire fishing, private or leased vessels.
Therefore, neither estimates of the
number of anglers nor the impacts on
them are required or provided in this
analysis.
Any business that operates a
commercial fishing vessel that harvests
gray snapper in the Gulf EEZ must have
a valid Federal Gulf reef fish permit
attached to that vessel. From 2013
through 2017, an annual average of 387
permitted vessels reported landing gray
snapper. An estimated 295 businesses
operate that average number of vessels
that land gray snapper annually. All of
these businesses are expected to operate
primarily in the Gulf commercial fishing
industry (NAICS code 11411).
For Regulatory Flexibility Act
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.
From 2013 through 2017, federallypermitted vessels that reported landing
gray snapper received an average of
$1,018 (2017 dollars) annually from gray
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snapper landings and $127,707 (2017
dollars) annually from all landings.
Based on those revenues, NMFS has
determined that all of the businesses
directly affected by the proposed action
are small.
This proposed rule would reduce the
current gray snapper stock ACL from a
constant 2.42 million lb (1.10 million
kg) to 2.24 million lb (1.02 million kg)
in 2020 and 2.23 million lb (1.01
million kg) in 2021 and subsequent
years. That is a decrease of 0.18 to 0.19
million lb (0.82 to 0.86 million kg),
which is a reduction of the stock ACL
by 7.44 percent to 7.85 percent.
Between 2013 and 2017, the
commercial sector accounted for an
average of 7.5 percent of the total gray
snapper landings in the Gulf, and an
average of 83.0 percent of commercial
sector landings were made by federallypermitted vessels. NMFS used those
average percentages to estimate that the
180,000 lb (81,647 kg) reduction in the
stock ACL in 2020 could result in a
13,500 lb (6,124 kg) decrease in
commercial landings in 2020, and the
190,000 lb (86,183 kg) reduction in the
stock ACL in 2021 and thereafter could
reduce commercial landings by 14,250
lb (6,464 kg). Moreover, because
permitted vessels report their gray
snapper landings in pounds gutted
weight, those possible reductions would
be equivalent to 10,186 lb (4,620 kg)
gutted weight in 2020 and 10,828 lb
(4,911 kg) gutted weight in years
thereafter. However, any actual decrease
in commercial landings would require a
closure of the commercial season before
the end of the fishing year. A closure
would occur if the sum of commercial
and recreational landings exceeded the
stock ACL during the previous year, and
if the sum of commercial and
recreational landings reached or was
projected to reach the stock ACL in the
current year. There have been no
closures of the commercial season in
recent years. Landings data for 2018 and
preliminary data for 2019 indicate
combined landings for those years were
under the current and proposed stock
ACLs, which suggests there would be no
closures.
If there were a closure as a result of
the reduction in the stock ACL, there
would be a reduction of federallypermitted vessels’ collective dockside
revenues that ranges from $28,419 to
$30,001 (2017 dollars), assuming an
average dockside price of gray snapper
of $2.79 per lb (2017 dollars), gutted
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40183
weight. Each of the 387 vessels would
lose from $73 to $78 in the year of the
closure, on average, which represents a
0.06 percent reduction of the average
total income ($127,707). The average
impact on the 295 small businesses
would be $96 to $102 (2017 dollars).
The information provided supports a
determination that this proposed rule
would not have a significant economic
impact on the average annual 295
commercial fishing businesses and their
combined 387 federally permitted
fishing vessels that harvest gray snapper
from the Gulf. As a result, an initial
regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing,
Gray snapper, Gulf, Reef fish.
Dated: June 22, 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
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.41, revise paragraph (l) to
read as follows:
■
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(l) Gray snapper. If the sum of the
commercial and recreational landings,
as estimated by the SRD, exceeds the
stock ACL, then during the following
fishing year, if the sum of commercial
and recreational landings reaches or is
projected to reach the stock ACL, the
AA will file a notification with the
Office of the Federal Register to close
the commercial and recreational sectors
for the remainder of that fishing year.
The stock ACL for gray snapper, in
round weight, is 2.24 million lb (1.02
million kg) for the 2020 fishing year,
and 2.23 million lb (1.01 million kg) for
the 2021 and subsequent fishing years.
*
*
*
*
*
[FR Doc. 2020–13774 Filed 7–2–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Proposed Rules]
[Pages 40181-40183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13774]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200622-0165]
RIN 0648-BJ20
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gray Snapper Management
Measures
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
Amendment 51 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico (Gulf)(FMP), as prepared by the Gulf of Mexico
Fishery Management Council (Council) (Amendment 51). This proposed rule
would establish and modify status determination criteria and harvest
levels for the gray snapper stock. The purposes of this proposed rule
are to end overfishing of gray snapper and achieve optimum yield (OY).
DATES: Written comments must be received by August 5, 2020.
ADDRESSES: You may submit comments on the proposed rule identified by
``NOAA-NMFS-2019-0116'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2019-0116, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Peter Hood, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 51, which includes an environmental
assessment, a fishery impact statement, a Regulatory Flexibility Act
analysis, and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-51-establish-gray-snapper-status-determination-criteria-and-modify-annual-catch.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef
fish fishery, which includes gray snapper, under the FMP. The Council
prepared the FMP and NMFS implements the FMP through regulations at 50
CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
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. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems.
Unless otherwise noted, all weights in this proposed rule are in
round weight.
Gray snapper in the Gulf exclusive economic zone (EEZ) are managed
as a
[[Page 40182]]
single stock with a stock annual catch limit (ACL), and a stock annual
catch target (ACT). There is no allocation of the stock ACL between the
commercial and recreational sectors. Gray snapper occur in estuaries
and shelf waters of the Gulf, and are particularly abundant off south
and southwest Florida. Generally, the fishing season is open year-
round, January 1 through December 31. However, accountability measures
(AMs) for gray snapper specify that if commercial and recreational
landings exceed the stock ACL in a fishing year, then during the
following fishing year if the stock ACL is reached or is projected to
be reached, the commercial and recreational sectors will be closed for
the remainder of the fishing year. The gray snapper ACL and AMs were
implemented in 2012 (76 FR 82044; December 29, 2011) and the stock ACL
of 2.42 million lb (1.1 million kg) was not exceeded between 2012 and
2018. Preliminary review of the most recent landings data indicate this
ACL is not likely to be exceeded in 2019. However, landings in 2014 and
2016 did exceed the ACLs proposed in this rule.
In 2018, the stock status of gray snapper was evaluated for the
first time through a Southeast Data, Assessment, and Review benchmark
stock assessment (SEDAR 51). The Council's Scientific and Statistical
Committee (SSC) reviewed SEDAR 51 and accepted the assessment as the
best scientific information available. The SSC determined that the
stock is undergoing overfishing as of 2015, which was the last year of
data included in the assessment, because the fishing mortality rate (F)
exceeded the current maximum fishing mortality threshold (MFMT). The
SSC was not able to determine whether the stock is overfished, because
the maximum sustainable yield (MSY) and minimum stock size threshold
(MSST) for gray snapper are not specified in the FMP.
SEDAR 51 could not estimate the actual MSY with the best scientific
information available. Therefore, the Council considered alternatives
for an MSY proxy that uses the spawning potential ratio (SPR). The SPR
is the ratio of the average number of eggs per fish over its lifetime
when the stock is fished compared to the same value when the stock is
not fished. The SPR assumes that a certain amount of fish must survive
and spawn in order to replenish the stock. Analyses of stocks with
various life histories suggest that, in general, the MSY is most
commonly associated with the yield when fishing at an F that
corresponds to an SPR between 30 and 40 percent.
After reviewing the SEDAR 51 assessment, the SSC recommended that
the MSY proxy be set at the yield when fishing at an F corresponding to
a 30 percent SPR (F30%SPR), which is consistent with the
current MFMT for gray snapper, set in 1999. However, the Council noted
that the Gulf red snapper proxy is set at the yield associated when
fishing at an F corresponding 26 percent SPR (F26%SPR),
which allows for a larger yield at a given stock size. After further
analyses and review, the SSC determined that the yield when fishing at
F26%SPR is scientifically acceptable as a proxy for MSY,
but, because of the uncertainty in the SEDAR 51 assessment, maintained
its previous recommendation of the more risk-averse MSY proxy using the
yield when fishing at F30%SPR. The Council selected the
yield when fishing at F26%SPR for an MSY proxy to balance
protection of the gray snapper stock with an increase in social and
economic benefits for fishers targeting the species that is expected to
result from allowing more harvest.
As a result of the increasing uncertainty with long-range
projections, the SSC only provided overfishing limit (OFL) and
acceptable biological catch (ABC) recommendations for the gray snapper
stock through 2021. From SEDAR 51, the OFLs associated with the MSY
proxy selected by the Council are 2.58 million lb (1.17 million kg) for
2020, and 2.57 million lb (1.17 million kg) for 2021, and the ABCs
recommended by the SSC are 2.51 million lb (1.14 million kg) for 2020
and subsequent years.
Management Measure Contained in This Proposed Rule
If implemented, this proposed rule would revise the ACL for the
Gulf gray snapper stock, and remove the ACT.
Annual Catch Limits and Annual Catch Target
The current ACL for gray snapper is 2.42 million lb (1.1 million
kg) and was established based on average landings from 1999 through
2008. The current ACT is set 14 percent below the ACL, at 2.08 million
lb.
To determine the new ACLs, the Council used its ACL/ACT control
rule to determine whether to apply a buffer to the ABC recommendations
to account for management uncertainty. The results indicated that an 11
percent buffer is appropriate. When applied to the 2020-2021 ABC
recommendations, the resulting gray snapper stock ACLs in this proposed
rule would be 2.24 million lb (1.02 million kg) for the 2020 fishing
year. For 2021 and subsequent fishing years, the ACL would be set at
2.23 million lb (1.01 million kg). The Council decided to remove the
ACT for gray snapper because it has not been used for management since
its implementation in 2012.
Management Measures Contained in Amendment 51 But Not Codified Through
This Proposed Rule
Amendment 51 would modify the OFL and ABC for the gray snapper
stock as previously explained. Amendment 51 would also modify the MFMT
and specify the MSY, MSST, and OY for the stock. NMFS uses the MSST and
MFMT to determine whether a stock is overfished or undergoing
overfishing, respectively. If the stock biomass falls below the MSST,
then the stock is considered overfished and the Council would then need
to develop a rebuilding plan capable of returning the stock to a level
that allows the stock to achieve MSY on a continuing basis. In years
when there is a stock assessment, if fishing mortality exceeds the
MFMT, a stock is considered to be undergoing overfishing, because this
level of fishing mortality, if continued, would reduce the stock
biomass to an overfished condition. In years in which there is no
assessment, overfishing occurs if landings exceed the OFL.
Amendment 51 would set the MSY proxy as the yield when fishing at
F26%SPR. MFMT would be changed from
F30%SPR to F26%SPR, and the
MSST would be 50 percent of the biomass at MSY or the MSY proxy. The OY
would be the yield when fishing at 90 percent of
FMSY(or MSY proxy). As noted previously, under
the current MFMT, overfishing was occurring as of 2015. Under the
proposed MFMT of F26%SPR, projections from SEDAR
51 suggest overfishing ended in 2017. Under the proposed MSST, the
stock would not be overfished.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
laws, subject to further consideration after public comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866. This rule is not an E.O. 13771 regulatory action
because this rule is not significant under E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on
[[Page 40183]]
a substantial number of small entities. The factual basis for this
certification is as follows. A copy of the full analysis is available
from NMFS (see ADDRESSES).
A description of the action, why it is being considered, and the
objectives of and legal basis for this action are contained in the
SUMMARY section of the preamble.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting or
recordkeeping compliance requirements are introduced in this proposed
rule.
The proposed rule concerns recreational and commercial fishing for
gray snapper in Federal waters of the Gulf. It directly affects both
anglers (recreational fishers) and commercial fishing businesses that
harvest gray snapper in the Gulf EEZ.
Anglers are not considered small entities as that term is defined
in 5 U.S.C. 601(6), whether fishing from for-hire fishing, private or
leased vessels. Therefore, neither estimates of the number of anglers
nor the impacts on them are required or provided in this analysis.
Any business that operates a commercial fishing vessel that
harvests gray snapper in the Gulf EEZ must have a valid Federal Gulf
reef fish permit attached to that vessel. From 2013 through 2017, an
annual average of 387 permitted vessels reported landing gray snapper.
An estimated 295 businesses operate that average number of vessels that
land gray snapper annually. All of these businesses are expected to
operate primarily in the Gulf commercial fishing industry (NAICS code
11411).
For Regulatory Flexibility Act 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.
From 2013 through 2017, federally-permitted vessels that reported
landing gray snapper received an average of $1,018 (2017 dollars)
annually from gray snapper landings and $127,707 (2017 dollars)
annually from all landings. Based on those revenues, NMFS has
determined that all of the businesses directly affected by the proposed
action are small.
This proposed rule would reduce the current gray snapper stock ACL
from a constant 2.42 million lb (1.10 million kg) to 2.24 million lb
(1.02 million kg) in 2020 and 2.23 million lb (1.01 million kg) in 2021
and subsequent years. That is a decrease of 0.18 to 0.19 million lb
(0.82 to 0.86 million kg), which is a reduction of the stock ACL by
7.44 percent to 7.85 percent.
Between 2013 and 2017, the commercial sector accounted for an
average of 7.5 percent of the total gray snapper landings in the Gulf,
and an average of 83.0 percent of commercial sector landings were made
by federally-permitted vessels. NMFS used those average percentages to
estimate that the 180,000 lb (81,647 kg) reduction in the stock ACL in
2020 could result in a 13,500 lb (6,124 kg) decrease in commercial
landings in 2020, and the 190,000 lb (86,183 kg) reduction in the stock
ACL in 2021 and thereafter could reduce commercial landings by 14,250
lb (6,464 kg). Moreover, because permitted vessels report their gray
snapper landings in pounds gutted weight, those possible reductions
would be equivalent to 10,186 lb (4,620 kg) gutted weight in 2020 and
10,828 lb (4,911 kg) gutted weight in years thereafter. However, any
actual decrease in commercial landings would require a closure of the
commercial season before the end of the fishing year. A closure would
occur if the sum of commercial and recreational landings exceeded the
stock ACL during the previous year, and if the sum of commercial and
recreational landings reached or was projected to reach the stock ACL
in the current year. There have been no closures of the commercial
season in recent years. Landings data for 2018 and preliminary data for
2019 indicate combined landings for those years were under the current
and proposed stock ACLs, which suggests there would be no closures.
If there were a closure as a result of the reduction in the stock
ACL, there would be a reduction of federally-permitted vessels'
collective dockside revenues that ranges from $28,419 to $30,001 (2017
dollars), assuming an average dockside price of gray snapper of $2.79
per lb (2017 dollars), gutted weight. Each of the 387 vessels would
lose from $73 to $78 in the year of the closure, on average, which
represents a 0.06 percent reduction of the average total income
($127,707). The average impact on the 295 small businesses would be $96
to $102 (2017 dollars).
The information provided supports a determination that this
proposed rule would not have a significant economic impact on the
average annual 295 commercial fishing businesses and their combined 387
federally permitted fishing vessels that harvest gray snapper from the
Gulf. As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gray snapper, Gulf, Reef
fish.
Dated: June 22, 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. 622.41, revise paragraph (l) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(l) Gray snapper. If the sum of the commercial and recreational
landings, as estimated by the SRD, exceeds the stock ACL, then during
the following fishing year, if the sum of commercial and recreational
landings reaches or is projected to reach the stock ACL, the AA will
file a notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of that
fishing year. The stock ACL for gray snapper, in round weight, is 2.24
million lb (1.02 million kg) for the 2020 fishing year, and 2.23
million lb (1.01 million kg) for the 2021 and subsequent fishing years.
* * * * *
[FR Doc. 2020-13774 Filed 7-2-20; 8:45 am]
BILLING CODE 3510-22-P
