[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Rules and Regulations]
[Pages 55203-55205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23535]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 00211038-0232-02; I.D. 101499D]
RIN 0648-AM93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Resubmission 
of Disapproved Measure in Amendment 9

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement a previously 
disapproved measure that was originally contained in Amendment 9 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). This final rule establishes a commercial trip 
limit for greater amberjack. The intended effect is to prevent 
overfishing and conserve and manage greater amberjack.

DATES: This final rule is effective October 13, 2000.

ADDRESSES: Comments on ambiguity or unnecessary complexity arising from 
the language used in this rule should be directed to the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.

FOR FURTHER INFORMATION CONTACT: Dr. Peter J. Eldridge, telephone: 727-
570-5305; fax: 727-570-5583; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern 
Atlantic states is managed under the FMP. The FMP was prepared by the 
South Atlantic Fishery Management Council (Council), approved by NMFS, 
and is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act

[[Page 55204]]

(Magnuson-Stevens Act) by regulations at 50 CFR part 622.
    On October 26, 1999, NMFS announced the availability of, and 
requested comments on, a resubmission of a measure to establish a 
1,000-lb (454-kg) trip limit for greater amberjack (64 FR 57623). This 
measure was previously disapproved when it was submitted as part of the 
original submission by the Council of FMP Amendment 9. NMFS approved 
the resubmitted trip limit measure on January 26, 2000. On May 18, 
2000, NMFS published a proposed rule to implement the approved measure 
and requested comments on the rule (65 FR 31507). The background and 
rationale for the resubmitted measure are contained in the preamble to 
the proposed rule and are not repeated here.

Comments and Responses

    NMFS received three comments in response to the notice of 
availability for the resubmitted trip limit measure (64 FR 57623, 
October 26, 1999). No comments were received on the proposed rule. A 
summary of the comments received and NMFS' responses follow.
    Comment 1: Two commenters supported the 1,000-lb (454-kg) 
commercial trip limit for greater amberjack as being necessary for the 
conservation and management of the species.
    Response: NMFS agrees.
    Comment 2: One commenter recommended that the trip limit be 
specified in number of fish rather than in pounds of fish because it is 
easier to count than to weigh fish at sea. Also, the commenter stated 
that greater amberjack were increasing in number and interfered with 
his fishing for yellowtail snapper.
    Response: Although it is easier to count fish at sea than to weigh 
them, under the provisions of the Magnuson-Stevens Act, NMFS can only 
approve or disapprove a measure as it is proposed by the Council. NMFS 
approved the trip limit as proposed by the Council, after completing 
Secretarial review. This review considered all the available 
information. The current status of the greater amberjack stock relative 
to the FMP's current overfishing definition for this species is 
unknown. Current data show declines in average size and landings of 
greater amberjack. Accordingly, in FMP Amendment 9, the Council 
proposed precautionary measures to ensure that greater amberjack did 
not approach an overfished condition. Many fishermen north of Florida 
are reporting reduced abundance of greater amberjack. NMFS agrees with 
the Council that it is necessary to implement the 1000-lb (454-kg) 
commercial trip limit, given all of the available information.
    Comment 3: One commenter from north Florida opposed the commercial 
trip limit for greater amberjack. He stated that the commercial annual 
quota was not reached last year and that the trip limit would cause him 
economic hardship because the fishing grounds are 50 to 60 miles (80 to 
96 km) offshore. He stated that the April spawning closure and the 
annual quota were sufficient to protect the greater amberjack resource.
    Response: As noted here, the status of the greater amberjack stock 
relative to the FMP's current overfishing definition is unknown. 
However, considerable information as well as accounts from fishermen, 
particularly those north of Florida, indicate the resource may be 
declining. The Council and NMFS believe that it is better to take a 
precautionary management approach rather than risk overfishing the 
resource, given the uncertainty regarding the status of the stock. 
Thus, the Council proposed, and NMFS approved, the conservation 
measures for greater amberjack, including the commercial trip limit.
    NMFS agrees that some fishing revenues could be lost due to the 
trip limit. During the 1996-97 fishing year, a total of 553 commercial 
fishing craft landed greater amberjack and took 3,685 trips on which 
landings of greater amberjack were reported. Of the 553 fishing craft 
that could be impacted, 73 reported a total of 290 trips that resulted 
in landings over 1,000 lb (454-kg) of greater amberjack. This 
represents 8 percent of all greater amberjack trips. For those 73 
entities reporting at least one trip on which 1,000 lb (454-kg) of 
greater amberjack were reported, greater amberjack represented about 30 
percent of their annual gross revenue. It is expected that these 
vessels will lose some revenue if they do not change their fishing 
behavior. However, it is known from empirical observations in other 
fisheries where a trip limit was implemented that fishing behavior 
indeed changes. A NMFS economic analysis, based on landings data for 
this fishery, indicated that fishermen could make additional trips and 
recover most of the lost revenue. The analysis further indicated that 
the overall outcome of the trip limit would be a loss of about 3 
percent of net operating revenue per vessel. The potential loss could 
be reduced to the extent that the affected vessels could target other 
species. The trip limit is not expected to result in any of the 
affected small entities being forced to cease operations. In approving 
and implementing the trip limit measure, NMFS decided that the long-
term conservation benefits of the commercial trip limit exceeded the 
small revenue loss associated with the measure given the available 
information.

Change From the Proposed Rule

    In Sec.  622.44(c)(5), regarding commercial trip limits for greater 
amberjack, the provision that no more than one trip may be made per day 
has been removed. That additional restriction was not consistent with 
the Council's intent that the commercial trip limit restrict the amount 
of greater amberjack that may be possessed on board or landed, 
purchased, or sold from a vessel on any given day. Section 
622.44(c)(5), as worded in this final rule, in combination with the 
existing regulatory language in Sec.  622.44 introductory text, 
achieves the Council's intent.

Classification

    The Administrator, Southeast Region, NMFS, determined that this 
resubmission of the greater amberjack trip limit is necessary for the 
conservation and management of greater amberjack and that the trip 
limit is consistent with the Magnuson-Stevens Act and other applicable 
law.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.
    The Council prepared a final supplemental environmental impact 
statement for FMP Amendment 9, which assessed the expected 
environmental impacts of the greater amberjack trip limit. A notice of 
its availability was published on October 9, 1998 (63 FR 54476).
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. No comments were 
received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Such comments should be sent to NMFS Southeast Regional Office 
(see ADDRESSES).

[[Page 55205]]

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: September 6, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, 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, 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 Sec.  622.44, paragraph (c)(5) is added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (c) * * *
    (5) Greater amberjack. Until the fishing year quota specified in 
Sec.  622.42(e)(3) is reached, 1,000 lb (454 kg). See Sec.  
622.43(a)(5)(i) for the limitations regarding greater amberjack after 
the fishing year quota is reached.
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[FR Doc. 00-23535 Filed 9-12-00; 8:45 am]
BILLING CODE 3510-22-S