Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 34, 73013-73016 [2020-24682]
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Proposed Rules
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206618765-Zoom-video-tutorials) prior
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interested parties an opportunity to
present verbal testimony (formal, oral
comments) regarding the October 8,
2020, proposed rule to reclassify the
red-cockaded woodpecker (85 FR
63474). While the public informational
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eRulemaking Portal, or U.S. mail (see
ADDRESSES, above). There are no limits
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make an oral statement at the public
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(https://www.fws.gov/southeast/
wildlife/birds/red-cockadedwoodpecker/#recovery-plan-section/).
The use of a virtual public hearing is
consistent with our regulations at 50
CFR 424.16(c)(3).
at https://www.fws.gov/southeast/
wildlife/birds/red-cockadedwoodpecker/#recovery-plan-section
prior to the meeting and hearing (see
DATES, above). See https://www.fws.gov/
southeast/wildlife/birds/red-cockadedwoodpecker/#recovery-plan-section for
more information about reasonable
accommodation.
Reasonable Accommodation
The Service is committed to providing
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informational meeting and public
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red-cockaded-woodpecker/#recoveryplan-section after the hearing.
Participants will also have access to live
audio during the public informational
meeting and public hearing via their
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Persons with disabilities requiring
reasonable accommodations to
participate in the meeting and/or
hearing should contact the person listed
under FOR FURTHER INFORMATION
CONTACT at least 5 business days prior
to the date of the meeting and hearing
to help ensure availability. An
accessible version of the Service’s
public informational meeting
presentation will also be posted online
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
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Public Comments
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via hard copy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive, as
well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov.
Authors
The primary authors of this document
are the Ecological Services staff of the
Southeast Regional Office, U.S. Fish and
Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
[FR Doc. 2020–25280 Filed 11–13–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 201102–0285]
RIN 0648–BJ93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Regulatory Amendment 34
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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73013
NMFS proposes to implement
management measures described in
Regulatory Amendment 34 to the
Fishery Management Plan (FMP) 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). If implemented, this
proposed rule would create 34 special
management zones (SMZs) around
artificial reefs in the exclusive economic
zone (EEZ) off North Carolina and South
Carolina. The purpose of this proposed
rule is to designate new SMZs and to
restrict fishing gear with greater
potential to result in high exploitation
rates. The restrictions are expected to
reduce adverse effects to snappergrouper species and enhance
recreational fishing opportunities at
these SMZs.
DATES: Written comments on the
proposed rule must be received by
December 16, 2020.
ADDRESSES: You may submit comments
on the proposed rule, identified by
‘‘NOAA–NMFS–2020–0123,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to https://
www.regulations.gov/docket?D=NOAANMFS-2020-0123, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit written comments to
Rick DeVictor, 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, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Regulatory
Amendment 34 to the Snapper-Grouper
FMP (Regulatory Amendment 34) may
be obtained from www.regulations.gov
or the Southeast Regional Office website
at https://www.fisheries.noaa.gov/
action/regulatory-amendment-34special-management-zones-smz.
Regulatory Amendment 34 includes an
environmental assessment, regulatory
SUMMARY:
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impact review, and Regulatory
Flexibility Analysis (RFA).
Rick
DeVictor, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rick.devictor@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the snapper-grouper
fishery under the Snapper-Grouper
FMP. 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) (16 U.S.C.
1801 et seq.).
FOR FURTHER INFORMATION CONTACT:
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Background
The Council specified the SMZ
designation process in 1983, and since
that time SMZs have been designated in
the EEZ off South Carolina, Georgia, and
Florida and as recently as in 2000.
There are no SMZs designated off North
Carolina currently. Twenty-eight
artificial reef sites in the EEZ off South
Carolina have been designated as SMZs
since the 1980s. The purpose of the
SMZ designation process, and the
subsequent specification of SMZs, is to
protect snapper-grouper populations at
the relatively small artificial reef sites in
the EEZ and to create fishing
opportunities that would not otherwise
exist without their designation. Prior to
the SMZ designation process, for
example, black sea bass pots were used
by commercial fishermen to efficiently
remove black sea bass from artificial
reefs off South Carolina. At the time of
the SMZ designation process, the
Council determined that because
artificial reefs sites are small in area
(because of the limited amount of
suitable reef-building material), the sites
are vulnerable to overexploitation by
more efficient fishing gear that has the
potential to result in localized
depletion. In addition, the Council
wanted to enhance fishing opportunities
for the recreational sector through the
designation of SMZs. The Council has
determined that the harvest and gear
restrictions will increase the abundance
and size of snapper-grouper species at
the sites, thereby increasing available
catch for fishermen, such as those
fishing under recreational harvest
limits.
The North Carolina Division of
Marine Fisheries (NCDMF) and the
South Carolina Department of Natural
Resources (SCDNR) requested that the
Council designate artificial reefs located
in the EEZ off their respective coasts as
SMZs. Following a review of the
requests, the Council developed
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Regulatory Amendment 34 that would
create 34 new SMZs (30 off North
Carolina and 4 off South Carolina). The
Council determined that the proposed
actions in Regulatory Amendment 34
would enhance the fishing experience at
the artificial reef sites for recreational
fishermen and that would further
promote the original intent of North
Carolina and South Carolina for placing
the artificial reefs at the sites. The
purpose of Regulatory Amendment 34
and this proposed rule is to designate
these sites as SMZs and to restrict
fishing gear that could result in high
exploitation rates to reduce potential
adverse biological effects to federally
managed snapper-grouper species and
enhance recreational fishing
opportunities at these sites.
Management Measures Contained in
this Proposed Rule
This proposed rule would create
SMZs in the EEZ off North Carolina and
South Carolina. Authorized gear and
harvest levels for snapper-grouper
species at these new SMZs would be
specified to reduce potential adverse
biological effects and enhance
recreational fishing opportunities.
SMZs Off North Carolina
There are currently no artificial reefs
in the EEZ off North Carolina designated
as SMZs. The proposed rule would
designate 30 SMZs off North Carolina in
the EEZ. The NCDMF requested that the
Council designate 30 artificial reefs
located in the EEZ off North Carolina as
SMZs in a letter dated March 12, 2019.
The 30 sites are existing artificial reefs
permitted by the Army Corps of
Engineers. The proposed SMZs would
match the sizes of the permitted
artificial reefs, and would range from
0.24 to 0.76 square nautical miles or
0.25 to 1.01 square miles (0.82 to 2.6
square km). The NCDMF letter also
requested that within the SMZs all
harvest of snapper-grouper species
would be allowed only with handline,
rod and reel, and spear. Further, in the
proposed SMZs off North Carolina, all
commercial and recreational harvest of
snapper-grouper species by spear would
be limited to the applicable, existing
recreational bag limits, as requested by
the NCDMF.
SMZs Off South Carolina
There are currently 28 artificial reef
sites in the EEZ off South Carolina that
the Council has designated as SMZs.
This proposed rule would designate
four additional SMZs off the coast of
South Carolina in the EEZ. The SCDNR
requested that the Council designate
additional artificial reefs located in the
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EEZ off the South Carolina as SMZs in
a letter dated March 1, 2019. The four
additional sites are existing artificial
reefs permitted by the Army Corps of
Engineers. The proposed SMZs would
match the sizes of the permitted
artificial reefs, and would range from
0.031 to 0.25 square nautical miles or
0.041 to 0.33 square miles (0.11 to 0.86
square km). The SCDNR letter also
requested that within the SMZs all
harvest of snapper-grouper species
would be allowed only with handline,
rod and reel, and spear in the SMZs.
Further, in the proposed SMZs off South
Carolina, all commercial and
recreational harvest of snapper-grouper
species would be limited to the
applicable, existing recreational bag
limits, as requested by the SCDNR. If
implemented, these restrictions would
match the regulations in the current
SMZs off South Carolina.
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 Regulatory Amendment 34, the
Snapper-Grouper FMP, 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 proposed 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 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 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 legal basis for
this action are contained at the
beginning of this section in the
preamble and 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 record keeping compliance
requirements are introduced in this
proposed rule.
This proposed rule directly affects
small businesses that operate
commercial fishing vessels that harvest
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snapper-grouper species within the 30
proposed SMZs in the EEZ off North
Carolina and the 4 proposed SMZs in
the EEZ off South Carolina.
Any commercial fishing vessel that
harvests and sells snapper-grouper from
the South Atlantic EEZ must have a
valid Federal commercial permit for
South Atlantic snapper-grouper. It is
expected that any of the federally
permitted vessels that may harvest
snapper-grouper in any of the proposed
SMZs land their catch in North Carolina
or South Carolina.
From 2014 through 2018, an annual
average of 173 federally permitted
vessels reported landing snappergrouper in the Carolinas: 120 in North
Carolina and 53 in South Carolina.
Average annual dockside revenue of the
120 permitted vessels that landed
snapper-grouper in North Carolina was
$42,619 (2018 dollars), and average
annual dockside revenue of the 53
permitted vessels that landed snappergrouper in South Carolina was $72,259
(2018 dollars). Those annual averages
represent the baseline revenues of the
directly affected vessels. An estimated
128 businesses operate these 173
federally permitted vessels.
All of the businesses that operate the
above federally permitted vessels are
expected to operate primarily in the
commercial fishing industry (NAICS
code 11411). For RFA purposes, NMFS
has established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (50 CFR 200.2). A
business primarily involved in the
commercial 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 its combined annual
receipts are not in excess of $11 million
for all of its affiliated operations
worldwide. Examination of annual
dockside revenues of the vessels owned
by the businesses indicates the total
annual revenue of each business to be
less than $11 million. Consequently, all
of the estimated 128 businesses directly
affected by the proposed action are
classified as small.
The proposed rule would designate 30
SMZs in the EEZ off North Carolina and
4 SMZs in the EEZ off South Carolina.
Within the proposed SMZs, all harvest
of snapper-grouper species would only
be allowed with handline, rod and reel,
and spear. Within the proposed SMZs
off North Carolina, all harvest by spear
would be limited to the applicable
recreational bag limit, whereas within
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the proposed SMZs off South Carolina,
all harvest would be limited to the
applicable recreational bag limit.
For the purpose of monitoring
landings through the Coastal Logbook
Program, NMFS divides the South
Atlantic into statistical grids that follow
lines of latitude and longitude. The
maximum area of a reporting grid in the
South Atlantic EEZ is 3,600 square
nautical miles or 4,767 square miles
(12,347.6 square km) while grids closer
to shore cover less area due to
truncation of the water area by
coastline.
The proposed 30 SMZs in the EEZ off
the North Carolina lie within seven
statistical reporting grids and
collectively those SMZs would cover 9
square nautical miles or 11.9 square
miles (30.9 square km). That combined
area represents approximately 0.25
percent of the combined areas of the
seven statistical grids. The four
proposed SMZs in the EEZ off South
Carolina lie within two statistical
reporting grids, collectively cover 0.45
square nautical miles or 0.6 square
miles (1.5 square km), and represent
approximately 0.0125 percent of the
combined area of the two statistical
reporting grids. Because of their very
small size, there is insufficient
information to determine precise
numbers of landings of snapper-grouper
that are harvested from the proposed
SMZs.
If the proportion of the area covered
by the 30 proposed SMZs off North
Carolina (0.25 percent) is consistent
with the proportion of snapper-grouper
landings in North Carolina, then on
average 2,637 lb (1,196.1 kg) gutted
weight of snapper-grouper with a
dockside value of $9,223 (2018 dollars)
are harvested from the 30 proposed
SMZs annually. When divided across
the 120 permitted vessels that landed
snapper-grouper annually in North
Carolina, the 30 proposed SMZs would
reduce annual landings by 22 lb (9.9 kg)
gutted weight and reduce annual
dockside revenue by $77 (2018 dollars).
That reduction represents 0.18 percent
of the average annual revenue of those
120 permitted vessels.
If the proportion of the area covered
by the four proposed SMZs off South
Carolina (0.0125 percent) is consistent
with the proportion of snapper-grouper
landings in South Carolina, then on
average 111 lb (50.3 kg) gutted weight of
snapper-grouper with a dockside value
of $472 (2018 dollars) is harvested
annually from the combined four
proposed SMZs. When divided across
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the 53 permitted vessels that annually
landed snapper-grouper in South
Carolina, the four proposed SMZs
would reduce annual landings by 2 lb
(0.9 kg) gutted weight and annual
dockside revenue by $9 (2018 dollars).
That reduction represents 0.012 percent
of the average annual revenue of those
53 vessels.
From those figures and percentages, it
is expected that this proposed rule
would not have a significant economic
impact on the average annual 128
commercial fishing businesses and their
combined 173 federally permitted
fishing vessels that harvest snappergrouper from the South Atlantic EEZ
and make their landings in North
Carolina and South Carolina. As a
result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper,
South Atlantic.
Dated: November 2, 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 § 622.182, add paragraphs (e) and
(f) to read as follows:
■
§ 622.182
Gear-restricted areas.
*
*
*
*
*
(e) SMZs off North Carolina. (1) The
center of each SMZ in Table 3 to this
paragraph (e) is located at the given
point with a radius extending the
applicable distance in every direction
laterally from that point to form a circle
around the center point.
(2) Harvest of South Atlantic snappergrouper while in the SMZs in this
paragraph (e) is permitted only by
handline, rod and reel, and spearfishing
gear. All harvest of South Atlantic
snapper-grouper by spearfishing gear in
the SMZs in this paragraph (e) is limited
to the applicable recreational bag and
possession limits in § 622.187.
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TABLE 3 TO PARAGRAPH (e)
Reef name
AR–130
AR–140
AR–145
AR–220
AR–225
AR–230
AR–250
AR–255
AR–285
AR–300
AR–302
AR–305
AR–330
AR–340
AR–345
AR–355
AR–362
AR–366
AR–368
AR–372
AR–376
AR–382
AR–386
AR–400
AR–420
AR–440
AR–445
AR–455
AR–460
AR–465
North lat.
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(f) Additional SMZs off South
Carolina. (1) The center of each SMZ in
Table 4 to this paragraph (f) is located
at the given point with a radius
extending the applicable distance in
every direction laterally from that point
to form a circle around the center point.
(2) Harvest of South Atlantic snappergrouper while in the SMZs in this
paragraph (f) is permitted only by
handline, rod and reel, and spearfishing
gear (excludes a powerhead). All harvest
of South Atlantic snapper-grouper by
the allowable gear in the SMZs in this
paragraph (f) is limited to the applicable
recreational bag and possession limits in
§ 622.187.
36°00.296′
35°56.718′
35°54.017′
35°08.117′
35°06.768′
35°06.133′
34°56.900′
34°55.483′
34°33.383′
34°18.517′
34°10.265′
34°16.683′
34°33.634′
34°34.319′
34°32.266′
34°21.318′
34°15.657′
34°12.950′
34°09.514′
34°06.295′
34°03.283′
33°58.581′
33°57.517′
33°29.267′
33°51.050′
33°49.800′
33°44.783′
33°47.033′
33°50.089′
33°23.423′
West long.
75°31.957′
75°31.965′
75°23.883′
75°40.633′
75°39.322′
75°42.933′
75°54.860′
75°57.910′
76°26.350′
76°24.133′
76°13.703′
76°38.650′
76°51.267′
76°58.345′
76°58.508′
77°19.877′
77°30.392′
77°25.250′
77°25.782′
77°44.917′
77°39.633′
77°41.172′
77°33.400′
77°35.227′
78°06.710′
78°13.083′
78°14.100′
78°17.883′
78°22.022′
78°11.052′
Radius in ft
(m)
1,500
1,500
1,500
3,000
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
3,000
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
1,500
(457)
(457)
(457)
(914)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(914)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(457)
(3) PA–04—Ron McManus Memorial
Reef. This SMZ is bounded by lines
connecting the following corner points:
northwest corner point at 33°46.400′ N,
78°36.200′ W; northeast corner point at
33°46.400′ N, 78°35.600′ W; southeast
corner point at 33°45.900′ N, 78°35.600′
W; and southwest corner point at
33°45.900′ N, 78°36.200′ W.
TABLE 4 TO PARAGRAPH (f)
Reef name
North Lat.
PA–07 Pop Nash .........................................................................................................................
PA–28 Lowcountry Anglers .........................................................................................................
PA–34 CCA-McClellanville ..........................................................................................................
33°34.510′
32°34.300′
32°51.800′
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West Long.
78°51.000′
79°55.100′
79°22.500′
Radius in ft
(m)
600 (183)
600 (183)
600 (183)
]]>Agencies
[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Proposed Rules]
[Pages 73013-73016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24682]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 201102-0285]
RIN 0648-BJ93
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory
Amendment 34
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Regulatory Amendment 34 to the Fishery Management Plan (FMP) 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). If implemented, this proposed rule would
create 34 special management zones (SMZs) around artificial reefs in
the exclusive economic zone (EEZ) off North Carolina and South
Carolina. The purpose of this proposed rule is to designate new SMZs
and to restrict fishing gear with greater potential to result in high
exploitation rates. The restrictions are expected to reduce adverse
effects to snapper-grouper species and enhance recreational fishing
opportunities at these SMZs.
DATES: Written comments on the proposed rule must be received by
December 16, 2020.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2020-0123,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2020-0123, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit written comments to Rick DeVictor, 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, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of Regulatory Amendment 34 to the Snapper-Grouper
FMP (Regulatory Amendment 34) may be obtained from www.regulations.gov
or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-34-special-management-zones-smz. Regulatory Amendment 34 includes an environmental
assessment, regulatory
[[Page 73014]]
impact review, and Regulatory Flexibility Analysis (RFA).
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage the snapper-
grouper fishery under the Snapper-Grouper FMP. 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)
(16 U.S.C. 1801 et seq.).
Background
The Council specified the SMZ designation process in 1983, and
since that time SMZs have been designated in the EEZ off South
Carolina, Georgia, and Florida and as recently as in 2000. There are no
SMZs designated off North Carolina currently. Twenty-eight artificial
reef sites in the EEZ off South Carolina have been designated as SMZs
since the 1980s. The purpose of the SMZ designation process, and the
subsequent specification of SMZs, is to protect snapper-grouper
populations at the relatively small artificial reef sites in the EEZ
and to create fishing opportunities that would not otherwise exist
without their designation. Prior to the SMZ designation process, for
example, black sea bass pots were used by commercial fishermen to
efficiently remove black sea bass from artificial reefs off South
Carolina. At the time of the SMZ designation process, the Council
determined that because artificial reefs sites are small in area
(because of the limited amount of suitable reef-building material), the
sites are vulnerable to overexploitation by more efficient fishing gear
that has the potential to result in localized depletion. In addition,
the Council wanted to enhance fishing opportunities for the
recreational sector through the designation of SMZs. The Council has
determined that the harvest and gear restrictions will increase the
abundance and size of snapper-grouper species at the sites, thereby
increasing available catch for fishermen, such as those fishing under
recreational harvest limits.
The North Carolina Division of Marine Fisheries (NCDMF) and the
South Carolina Department of Natural Resources (SCDNR) requested that
the Council designate artificial reefs located in the EEZ off their
respective coasts as SMZs. Following a review of the requests, the
Council developed Regulatory Amendment 34 that would create 34 new SMZs
(30 off North Carolina and 4 off South Carolina). The Council
determined that the proposed actions in Regulatory Amendment 34 would
enhance the fishing experience at the artificial reef sites for
recreational fishermen and that would further promote the original
intent of North Carolina and South Carolina for placing the artificial
reefs at the sites. The purpose of Regulatory Amendment 34 and this
proposed rule is to designate these sites as SMZs and to restrict
fishing gear that could result in high exploitation rates to reduce
potential adverse biological effects to federally managed snapper-
grouper species and enhance recreational fishing opportunities at these
sites.
Management Measures Contained in this Proposed Rule
This proposed rule would create SMZs in the EEZ off North Carolina
and South Carolina. Authorized gear and harvest levels for snapper-
grouper species at these new SMZs would be specified to reduce
potential adverse biological effects and enhance recreational fishing
opportunities.
SMZs Off North Carolina
There are currently no artificial reefs in the EEZ off North
Carolina designated as SMZs. The proposed rule would designate 30 SMZs
off North Carolina in the EEZ. The NCDMF requested that the Council
designate 30 artificial reefs located in the EEZ off North Carolina as
SMZs in a letter dated March 12, 2019. The 30 sites are existing
artificial reefs permitted by the Army Corps of Engineers. The proposed
SMZs would match the sizes of the permitted artificial reefs, and would
range from 0.24 to 0.76 square nautical miles or 0.25 to 1.01 square
miles (0.82 to 2.6 square km). The NCDMF letter also requested that
within the SMZs all harvest of snapper-grouper species would be allowed
only with handline, rod and reel, and spear. Further, in the proposed
SMZs off North Carolina, all commercial and recreational harvest of
snapper-grouper species by spear would be limited to the applicable,
existing recreational bag limits, as requested by the NCDMF.
SMZs Off South Carolina
There are currently 28 artificial reef sites in the EEZ off South
Carolina that the Council has designated as SMZs. This proposed rule
would designate four additional SMZs off the coast of South Carolina in
the EEZ. The SCDNR requested that the Council designate additional
artificial reefs located in the EEZ off the South Carolina as SMZs in a
letter dated March 1, 2019. The four additional sites are existing
artificial reefs permitted by the Army Corps of Engineers. The proposed
SMZs would match the sizes of the permitted artificial reefs, and would
range from 0.031 to 0.25 square nautical miles or 0.041 to 0.33 square
miles (0.11 to 0.86 square km). The SCDNR letter also requested that
within the SMZs all harvest of snapper-grouper species would be allowed
only with handline, rod and reel, and spear in the SMZs. Further, in
the proposed SMZs off South Carolina, all commercial and recreational
harvest of snapper-grouper species would be limited to the applicable,
existing recreational bag limits, as requested by the SCDNR. If
implemented, these restrictions would match the regulations in the
current SMZs off South Carolina.
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 Regulatory Amendment 34, the Snapper-Grouper FMP, 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 proposed 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 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 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
legal basis for this action are contained at the beginning of this
section in the preamble and 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 record
keeping compliance requirements are introduced in this proposed rule.
This proposed rule directly affects small businesses that operate
commercial fishing vessels that harvest
[[Page 73015]]
snapper-grouper species within the 30 proposed SMZs in the EEZ off
North Carolina and the 4 proposed SMZs in the EEZ off South Carolina.
Any commercial fishing vessel that harvests and sells snapper-
grouper from the South Atlantic EEZ must have a valid Federal
commercial permit for South Atlantic snapper-grouper. It is expected
that any of the federally permitted vessels that may harvest snapper-
grouper in any of the proposed SMZs land their catch in North Carolina
or South Carolina.
From 2014 through 2018, an annual average of 173 federally
permitted vessels reported landing snapper-grouper in the Carolinas:
120 in North Carolina and 53 in South Carolina. Average annual dockside
revenue of the 120 permitted vessels that landed snapper-grouper in
North Carolina was $42,619 (2018 dollars), and average annual dockside
revenue of the 53 permitted vessels that landed snapper-grouper in
South Carolina was $72,259 (2018 dollars). Those annual averages
represent the baseline revenues of the directly affected vessels. An
estimated 128 businesses operate these 173 federally permitted vessels.
All of the businesses that operate the above federally permitted
vessels are expected to operate primarily in the commercial fishing
industry (NAICS code 11411). For RFA purposes, NMFS has established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (50 CFR
200.2). A business primarily involved in the commercial 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 its combined annual receipts are not in excess of $11
million for all of its affiliated operations worldwide. Examination of
annual dockside revenues of the vessels owned by the businesses
indicates the total annual revenue of each business to be less than $11
million. Consequently, all of the estimated 128 businesses directly
affected by the proposed action are classified as small.
The proposed rule would designate 30 SMZs in the EEZ off North
Carolina and 4 SMZs in the EEZ off South Carolina. Within the proposed
SMZs, all harvest of snapper-grouper species would only be allowed with
handline, rod and reel, and spear. Within the proposed SMZs off North
Carolina, all harvest by spear would be limited to the applicable
recreational bag limit, whereas within the proposed SMZs off South
Carolina, all harvest would be limited to the applicable recreational
bag limit.
For the purpose of monitoring landings through the Coastal Logbook
Program, NMFS divides the South Atlantic into statistical grids that
follow lines of latitude and longitude. The maximum area of a reporting
grid in the South Atlantic EEZ is 3,600 square nautical miles or 4,767
square miles (12,347.6 square km) while grids closer to shore cover
less area due to truncation of the water area by coastline.
The proposed 30 SMZs in the EEZ off the North Carolina lie within
seven statistical reporting grids and collectively those SMZs would
cover 9 square nautical miles or 11.9 square miles (30.9 square km).
That combined area represents approximately 0.25 percent of the
combined areas of the seven statistical grids. The four proposed SMZs
in the EEZ off South Carolina lie within two statistical reporting
grids, collectively cover 0.45 square nautical miles or 0.6 square
miles (1.5 square km), and represent approximately 0.0125 percent of
the combined area of the two statistical reporting grids. Because of
their very small size, there is insufficient information to determine
precise numbers of landings of snapper-grouper that are harvested from
the proposed SMZs.
If the proportion of the area covered by the 30 proposed SMZs off
North Carolina (0.25 percent) is consistent with the proportion of
snapper-grouper landings in North Carolina, then on average 2,637 lb
(1,196.1 kg) gutted weight of snapper-grouper with a dockside value of
$9,223 (2018 dollars) are harvested from the 30 proposed SMZs annually.
When divided across the 120 permitted vessels that landed snapper-
grouper annually in North Carolina, the 30 proposed SMZs would reduce
annual landings by 22 lb (9.9 kg) gutted weight and reduce annual
dockside revenue by $77 (2018 dollars). That reduction represents 0.18
percent of the average annual revenue of those 120 permitted vessels.
If the proportion of the area covered by the four proposed SMZs off
South Carolina (0.0125 percent) is consistent with the proportion of
snapper-grouper landings in South Carolina, then on average 111 lb
(50.3 kg) gutted weight of snapper-grouper with a dockside value of
$472 (2018 dollars) is harvested annually from the combined four
proposed SMZs. When divided across the 53 permitted vessels that
annually landed snapper-grouper in South Carolina, the four proposed
SMZs would reduce annual landings by 2 lb (0.9 kg) gutted weight and
annual dockside revenue by $9 (2018 dollars). That reduction represents
0.012 percent of the average annual revenue of those 53 vessels.
From those figures and percentages, it is expected that this
proposed rule would not have a significant economic impact on the
average annual 128 commercial fishing businesses and their combined 173
federally permitted fishing vessels that harvest snapper-grouper from
the South Atlantic EEZ and make their landings in North Carolina and
South Carolina. As a result, an initial regulatory flexibility analysis
is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper, South Atlantic.
Dated: November 2, 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. 622.182, add paragraphs (e) and (f) to read as follows:
Sec. 622.182 Gear-restricted areas.
* * * * *
(e) SMZs off North Carolina. (1) The center of each SMZ in Table 3
to this paragraph (e) is located at the given point with a radius
extending the applicable distance in every direction laterally from
that point to form a circle around the center point.
(2) Harvest of South Atlantic snapper-grouper while in the SMZs in
this paragraph (e) is permitted only by handline, rod and reel, and
spearfishing gear. All harvest of South Atlantic snapper-grouper by
spearfishing gear in the SMZs in this paragraph (e) is limited to the
applicable recreational bag and possession limits in Sec. 622.187.
[[Page 73016]]
Table 3 to Paragraph (e)
----------------------------------------------------------------------------------------------------------------
Radius in ft
Reef name North lat. West long. (m)
----------------------------------------------------------------------------------------------------------------
AR-130.......................................................... 36[deg]00.296' 75[deg]31.957' 1,500 (457)
AR-140.......................................................... 35[deg]56.718' 75[deg]31.965' 1,500 (457)
AR-145.......................................................... 35[deg]54.017' 75[deg]23.883' 1,500 (457)
AR-220.......................................................... 35[deg]08.117' 75[deg]40.633' 3,000 (914)
AR-225.......................................................... 35[deg]06.768' 75[deg]39.322' 1,500 (457)
AR-230.......................................................... 35[deg]06.133' 75[deg]42.933' 1,500 (457)
AR-250.......................................................... 34[deg]56.900' 75[deg]54.860' 1,500 (457)
AR-255.......................................................... 34[deg]55.483' 75[deg]57.910' 1,500 (457)
AR-285.......................................................... 34[deg]33.383' 76[deg]26.350' 1,500 (457)
AR-300.......................................................... 34[deg]18.517' 76[deg]24.133' 1,500 (457)
AR-302.......................................................... 34[deg]10.265' 76[deg]13.703' 1,500 (457)
AR-305.......................................................... 34[deg]16.683' 76[deg]38.650' 1,500 (457)
AR-330.......................................................... 34[deg]33.634' 76[deg]51.267' 3,000 (914)
AR-340.......................................................... 34[deg]34.319' 76[deg]58.345' 1,500 (457)
AR-345.......................................................... 34[deg]32.266' 76[deg]58.508' 1,500 (457)
AR-355.......................................................... 34[deg]21.318' 77[deg]19.877' 1,500 (457)
AR-362.......................................................... 34[deg]15.657' 77[deg]30.392' 1,500 (457)
AR-366.......................................................... 34[deg]12.950' 77[deg]25.250' 1,500 (457)
AR-368.......................................................... 34[deg]09.514' 77[deg]25.782' 1,500 (457)
AR-372.......................................................... 34[deg]06.295' 77[deg]44.917' 1,500 (457)
AR-376.......................................................... 34[deg]03.283' 77[deg]39.633' 1,500 (457)
AR-382.......................................................... 33[deg]58.581' 77[deg]41.172' 1,500 (457)
AR-386.......................................................... 33[deg]57.517' 77[deg]33.400' 1,500 (457)
AR-400.......................................................... 33[deg]29.267' 77[deg]35.227' 1,500 (457)
AR-420.......................................................... 33[deg]51.050' 78[deg]06.710' 1,500 (457)
AR-440.......................................................... 33[deg]49.800' 78[deg]13.083' 1,500 (457)
AR-445.......................................................... 33[deg]44.783' 78[deg]14.100' 1,500 (457)
AR-455.......................................................... 33[deg]47.033' 78[deg]17.883' 1,500 (457)
AR-460.......................................................... 33[deg]50.089' 78[deg]22.022' 1,500 (457)
AR-465.......................................................... 33[deg]23.423' 78[deg]11.052' 1,500 (457)
----------------------------------------------------------------------------------------------------------------
(f) Additional SMZs off South Carolina. (1) The center of each SMZ
in Table 4 to this paragraph (f) is located at the given point with a
radius extending the applicable distance in every direction laterally
from that point to form a circle around the center point.
(2) Harvest of South Atlantic snapper-grouper while in the SMZs in
this paragraph (f) is permitted only by handline, rod and reel, and
spearfishing gear (excludes a powerhead). All harvest of South Atlantic
snapper-grouper by the allowable gear in the SMZs in this paragraph (f)
is limited to the applicable recreational bag and possession limits in
Sec. 622.187.
(3) PA-04--Ron McManus Memorial Reef. This SMZ is bounded by lines
connecting the following corner points: northwest corner point at
33[deg]46.400' N, 78[deg]36.200' W; northeast corner point at
33[deg]46.400' N, 78[deg]35.600' W; southeast corner point at
33[deg]45.900' N, 78[deg]35.600' W; and southwest corner point at
33[deg]45.900' N, 78[deg]36.200' W.
Table 4 to Paragraph (f)
----------------------------------------------------------------------------------------------------------------
Radius in ft
Reef name North Lat. West Long. (m)
----------------------------------------------------------------------------------------------------------------
PA-07 Pop Nash.................................................. 33[deg]34.510' 78[deg]51.000' 600 (183)
PA-28 Lowcountry Anglers........................................ 32[deg]34.300' 79[deg]55.100' 600 (183)
PA-34 CCA-McClellanville........................................ 32[deg]51.800' 79[deg]22.500' 600 (183)
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-24682 Filed 11-13-20; 8:45 am]
BILLING CODE 3510-22-P
