Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 34, 17318-17320 [2021-06606]
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
PART 3053—FORMS
69. Revise the authority citation for
part 3053 to read as follows:
■
Authority: 5 U.S.C. 301–302, 41 U.S.C.
1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48
CFR subpart 1.3.
70. Amend section 3053.303 by
revising the introductory text to read as
follows:
■
2053.303
Agency forms.
This section illustrates agencyspecified forms. To access the DHS
forms go to https://www.dhs.gov/
publication/acquisition-forms.
*
*
*
*
*
[FR Doc. 2021–06176 Filed 4–1–21; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 210325–0070]
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: Final rule.
AGENCY:
NMFS is implementing
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). The final rule will
create 34 special management zones
(SMZs) around artificial reefs in the
exclusive economic zone (EEZ) off
North Carolina and South Carolina. The
purpose of the final 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 potentially adverse
effects to snapper-grouper species and
enhance recreational fishing
opportunities at these SMZs.
DATES: The final rule is effective on May
3, 2021.
ADDRESSES: Electronic copies of
Regulatory Amendment 34 to the
Snapper-Grouper FMP (Regulatory
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SUMMARY:
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00:14 Apr 02, 2021
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Amendment 34) may be obtained from
www.regulations.gov or from the NMFS
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
regulatory-amendment-34-specialmanagement-zones-smz. Regulatory
Amendment 34 includes an
environmental assessment, regulatory
impact review, and Regulatory
Flexibility Analysis (RFA).
FOR FURTHER INFORMATION CONTACT: 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.).
On November 16, 2020, NMFS
published the proposed rule for
Regulatory Amendment 34 in the
Federal Register and requested public
comment (85 FR 73013). Regulatory
Amendment 34 and the proposed rule
outline the rationale for the actions
contained in this final rule. A summary
of the management measure described
in Regulatory Amendment 34 and
implemented by this final rule is
described below.
Background
The purpose of the Council’s 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 established by the
Council in 1983, 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 reef
sites are small in area due to 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
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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 actions in
Regulatory Amendment 34 will enhance
the fishing experience at the artificial
reef sites for recreational fishermen and
that will 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 final 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 Final Rule
This final rule creates SMZs in the
EEZ off North Carolina and South
Carolina. Authorized gear and harvest
levels for snapper-grouper species at
these new SMZs are also specified by
this final rule to reduce potentially
adverse biological effects to snappergrouper species and enhance
recreational fishing opportunities.
SMZs off North Carolina
This final rule designates 30 SMZs off
North Carolina in the EEZ. The 30 sites
are existing artificial reefs permitted by
the Army Corps of Engineers. The SMZs
match the sizes of the permitted
artificial reefs, and range in size from
0.24 to 0.76 square nautical miles or
0.25 to 1.01 square miles (0.82 to 2.6
square km). This final rule establishes
that all harvest of snapper-grouper
species is allowed only with handline,
rod and reel, and spear within the
SMZs. Further, in the SMZs off North
Carolina, all commercial and
recreational harvest of snapper-grouper
species by spear is limited to the
applicable, existing recreational bag
limits, as requested by the NCDMF.
SMZs off South Carolina
This final rule designates four SMZs,
in addition to the existing 28 SMZs, off
the coast of South Carolina in the EEZ.
The four sites are existing artificial reefs
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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
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permitted by the Army Corps of
Engineers. The SMZs match the sizes of
the permitted artificial reefs, and range
in size from 0.031 to 0.25 square
nautical miles or 0.041 to 0.33 square
miles (0.11 to 0.86 square km). This
final rule establishes that all harvest of
snapper-grouper species is allowed only
with handline, rod and reel, and spear
within the SMZs. Further, in the SMZs
off South Carolina, all commercial and
recreational harvest of snapper-grouper
species is limited to the applicable,
existing recreational bag limits, as
requested by the SCDNR. These
restrictions match the regulations in the
current SMZs off South Carolina.
Comments and Responses
NMFS received 10 comments during
the public comment period on the
proposed rule for Regulatory
Amendment 34. Most comments were in
support of the creation of SMZs at the
artificial reef sites. NMFS acknowledges
the comments in favor of the action in
the proposed rule and agrees with them.
Some comments were outside the scope
of the proposed rule and Regulatory
Amendment 34 and are not responded
to in this final rule. Comments that
opposed or requested additional
information about the actions contained
in Regulatory Amendment 34 and the
proposed rule are summarized below,
along with NMFS’ responses.
Comment 1: Prohibiting commercial
fishermen from taking more than the
recreational bag and possession limits of
South Atlantic snapper-grouper from
the SMZs in this final rule where fish
are attracted and congregating will only
decrease the efficiency of the
commercial fishermen’s efforts. This is
contrary to what the Fishing
Enhancement Act describes in 33 U.S.C.
2101(a)(5) as what properly managed
reefs can do. Without violating the
intent of the National Fishing
Enhancement Act (Act) of 1984, explain
how NMFS can convert the artificial
reefs that are in Federal waters into
SMZs where only recreational harvest is
allowed when this is clearly contrary to
proper management outlined in 33
U.S.C. 2101(a)(5). Further, NMFS is
violating the artificial reef standards
written in 33 U.S.C. 2102(2) by
effectively excluding commercial
fishing from federally permitted
artificial reefs.
Response: NMFS does not agree that
the final rule will violate the intent of
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00:14 Apr 02, 2021
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the Act by only allowing recreational
harvest levels at the SMZ sites in this
final rule. The purpose of the Act is to
promote and facilitate responsible and
effective efforts to establish artificial
reefs. The Act further states that
properly designed artificial reefs can
enhance the habitat and diversity of
fishery resources; enhance United States
recreational and commercial fishing
opportunities; increase the production
of fishery products in the United States;
increase the energy efficiency of
recreational and commercial fisheries;
and contribute to the United States and
coastal economies.
The final rule conforms with the
intent of the Act. The final rule does not
prohibit harvest by commercial
fishermen, and will allow both
commercial and recreational fishing
with handline, rod and reel, and spear
in the SMZs. The purpose of this final
rule is to restrict the use of fishing gear
with a greater potential to result in high
exploitation rates to reduce potentially
adverse effects to federally managed
snapper-grouper species at these sites.
The Council determined that the actions
will enhance the fishing experience at
the artificial reefs for recreational
fishermen and that optimizing
opportunities for recreational fishermen
was the original intent of the artificial
reef placement at these sites.
Comment 2: Explain if the gear
requirements in this final rule allow
electric fishing reels, such as the
Tanacom 1000.
Response: Allowable gear for the
harvest of South Atlantic snappergrouper at the SMZ sites in this final
rule off North Carolina and South
Carolina includes rod and reel, and the
use of electric-powered reels, such as
the Tanacom 1000.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with
Regulatory Amendment 34, the
Snapper-Grouper FMP, the MagnusonStevens Act, and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting or
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17319
recordkeeping compliance requirements
are introduced in this final rule. This
final rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments from the public were
received regarding this certification. As
a result, a final regulatory flexibility
analysis was not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper,
South Atlantic.
Dated: March 26, 2021.
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 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.
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*
*
*
*
(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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Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Rules and Regulations
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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........................................................................................................................................
........................................................................................................................................
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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 ..........................................................................................................
[FR Doc. 2021–06606 Filed 4–1–21; 8:45 am]
BILLING CODE 3510–22–P
50 CFR Part 679
SUMMARY:
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National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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600 (183)
600 (183)
600 (183)
National Oceanic and Atmospheric
Administration
Fisheries of the Exclusive Economic
Zone off Alaska; Pollock in the West
Yakutat District in the Gulf of Alaska
00:14 Apr 02, 2021
78°51.000′
79°55.100′
79°22.500′
Radius in ft
(m)
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
DEPARTMENT OF COMMERCE
[Docket No. 210210–0018; RTID 0648–
XA987]
VerDate Sep<11>2014
33°34.510′
32°34.300′
32°51.800′
West long.
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NMFS is opening directed
fishing for pollock in the West Yakutat
District of the Gulf of Alaska (GOA).
This action is necessary to fully use the
2021 total allowable catch of pollock in
the West Yakutat District of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), April 1, 2021, through
2400 hours, A.l.t., December 31, 2021.
Comments must be received at the
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]]>Agencies
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17318-17320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06606]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 210325-0070]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing 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). The final rule will create 34 special
management zones (SMZs) around artificial reefs in the exclusive
economic zone (EEZ) off North Carolina and South Carolina. The purpose
of the final 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 potentially adverse effects to
snapper-grouper species and enhance recreational fishing opportunities
at these SMZs.
DATES: The final rule is effective on May 3, 2021.
ADDRESSES: Electronic copies of Regulatory Amendment 34 to the Snapper-
Grouper FMP (Regulatory Amendment 34) may be obtained from
www.regulations.gov or from the NMFS 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 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.).
On November 16, 2020, NMFS published the proposed rule for
Regulatory Amendment 34 in the Federal Register and requested public
comment (85 FR 73013). Regulatory Amendment 34 and the proposed rule
outline the rationale for the actions contained in this final rule. A
summary of the management measure described in Regulatory Amendment 34
and implemented by this final rule is described below.
Background
The purpose of the Council's 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
established by the Council in 1983, 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
reef sites are small in area due to 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 actions in Regulatory Amendment 34 will enhance the
fishing experience at the artificial reef sites for recreational
fishermen and that will 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 final 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 Final Rule
This final rule creates SMZs in the EEZ off North Carolina and
South Carolina. Authorized gear and harvest levels for snapper-grouper
species at these new SMZs are also specified by this final rule to
reduce potentially adverse biological effects to snapper-grouper
species and enhance recreational fishing opportunities.
SMZs off North Carolina
This final rule designates 30 SMZs off North Carolina in the EEZ.
The 30 sites are existing artificial reefs permitted by the Army Corps
of Engineers. The SMZs match the sizes of the permitted artificial
reefs, and range in size from 0.24 to 0.76 square nautical miles or
0.25 to 1.01 square miles (0.82 to 2.6 square km). This final rule
establishes that all harvest of snapper-grouper species is allowed only
with handline, rod and reel, and spear within the SMZs. Further, in the
SMZs off North Carolina, all commercial and recreational harvest of
snapper-grouper species by spear is limited to the applicable, existing
recreational bag limits, as requested by the NCDMF.
SMZs off South Carolina
This final rule designates four SMZs, in addition to the existing
28 SMZs, off the coast of South Carolina in the EEZ. The four sites are
existing artificial reefs
[[Page 17319]]
permitted by the Army Corps of Engineers. The SMZs match the sizes of
the permitted artificial reefs, and range in size from 0.031 to 0.25
square nautical miles or 0.041 to 0.33 square miles (0.11 to 0.86
square km). This final rule establishes that all harvest of snapper-
grouper species is allowed only with handline, rod and reel, and spear
within the SMZs. Further, in the SMZs off South Carolina, all
commercial and recreational harvest of snapper-grouper species is
limited to the applicable, existing recreational bag limits, as
requested by the SCDNR. These restrictions match the regulations in the
current SMZs off South Carolina.
Comments and Responses
NMFS received 10 comments during the public comment period on the
proposed rule for Regulatory Amendment 34. Most comments were in
support of the creation of SMZs at the artificial reef sites. NMFS
acknowledges the comments in favor of the action in the proposed rule
and agrees with them. Some comments were outside the scope of the
proposed rule and Regulatory Amendment 34 and are not responded to in
this final rule. Comments that opposed or requested additional
information about the actions contained in Regulatory Amendment 34 and
the proposed rule are summarized below, along with NMFS' responses.
Comment 1: Prohibiting commercial fishermen from taking more than
the recreational bag and possession limits of South Atlantic snapper-
grouper from the SMZs in this final rule where fish are attracted and
congregating will only decrease the efficiency of the commercial
fishermen's efforts. This is contrary to what the Fishing Enhancement
Act describes in 33 U.S.C. 2101(a)(5) as what properly managed reefs
can do. Without violating the intent of the National Fishing
Enhancement Act (Act) of 1984, explain how NMFS can convert the
artificial reefs that are in Federal waters into SMZs where only
recreational harvest is allowed when this is clearly contrary to proper
management outlined in 33 U.S.C. 2101(a)(5). Further, NMFS is violating
the artificial reef standards written in 33 U.S.C. 2102(2) by
effectively excluding commercial fishing from federally permitted
artificial reefs.
Response: NMFS does not agree that the final rule will violate the
intent of the Act by only allowing recreational harvest levels at the
SMZ sites in this final rule. The purpose of the Act is to promote and
facilitate responsible and effective efforts to establish artificial
reefs. The Act further states that properly designed artificial reefs
can enhance the habitat and diversity of fishery resources; enhance
United States recreational and commercial fishing opportunities;
increase the production of fishery products in the United States;
increase the energy efficiency of recreational and commercial
fisheries; and contribute to the United States and coastal economies.
The final rule conforms with the intent of the Act. The final rule
does not prohibit harvest by commercial fishermen, and will allow both
commercial and recreational fishing with handline, rod and reel, and
spear in the SMZs. The purpose of this final rule is to restrict the
use of fishing gear with a greater potential to result in high
exploitation rates to reduce potentially adverse effects to federally
managed snapper-grouper species at these sites. The Council determined
that the actions will enhance the fishing experience at the artificial
reefs for recreational fishermen and that optimizing opportunities for
recreational fishermen was the original intent of the artificial reef
placement at these sites.
Comment 2: Explain if the gear requirements in this final rule
allow electric fishing reels, such as the Tanacom 1000.
Response: Allowable gear for the harvest of South Atlantic snapper-
grouper at the SMZ sites in this final rule off North Carolina and
South Carolina includes rod and reel, and the use of electric-powered
reels, such as the Tanacom 1000.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with Regulatory Amendment 34, the Snapper-Grouper FMP, the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified. In addition, no new reporting or recordkeeping
compliance requirements are introduced in this final rule. This final
rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments from the public
were received regarding this certification. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Grouper, Snapper, South Atlantic.
Dated: March 26, 2021.
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 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 17320]]
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. 2021-06606 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-22-P
