[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Proposed Rules]
[Pages 66069-66071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29444]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 031107275-3275-01; I.D. 102803A]
RIN 0648-AP03


Fisheries of the Caribbean, Gulf of Mexico, and South 
Atlantic;Snapper-Grouper Fishery off the Southern Atlantic States; 
Amendment 13A

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement Amendment 13A to 
the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP). This rule would extend the current 
prohibitions on fishing for South Atlantic snapper-grouper in the 
experimental closed area and on retaining such species in or from the 
area. The experimental closed area constitutes a portion of the Oculina 
Bank Habitat Area of Particular Concern (HAPC), which is in the 
exclusive economic zone (EEZ) in the Atlantic Ocean off Ft. Pierce, FL. 
The intended effect is to continue the benefits of the closed area, 
namely, enhanced stock stability and increased recruitment of South 
Atlantic snapper-grouper by providing an area where deepwater snapper-
grouper species can grow and reproduce without being subjected to 
fishing mortality.

DATES:  Written comments on this proposed rule must be received no 
later than 5 p.m., eastern time, on January 9, 2004.

ADDRESSES: Copies of Amendment 13A may be obtained fromthe South 
Atlantic Fishery Management Council, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699; phone: 843-571-4366 or toll free at 1-866-
SAFMC-10; fax: 843-769-4520; e-mail: [email protected]. Amendment 13A 
includes an Environmental Assessment (EA), an Initial Regulatory 
Flexibility Analysis (IRFA) that was supplemented by NMFS, a Regulatory 
Impact Review, and a Social Impact Assessment/Fishery Impact Statement.
    Written comments on the proposed rule must be sent to Julie Weeder, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Comments also may be sent via fax to 727-570-
5583. Comments will not be accepted if submitted via e-mail or 
Internet.

FOR FURTHER INFORMATION CONTACT: Julie Weeder, telephone: 727-570-5753, 
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) and is implemented 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.
    In Amendment 6 to the FMP the Council proposed prohibitions on 
fishing for South Atlantic snapper-grouper in what is currently known 
as the experimental closed area and on retaining such species in or 
from the area. NMFS approved these prohibitions, and they became 
effective June 27, 1994 (59 FR27242, May 26, 1994). In the experimental 
closed area,

[[Page 66070]]

any South Atlantic snapper-grouper taken incidentally by hook-and-line 
gear must be released immediately by cutting the line without removing 
the fish from the water.
    The experimental closed area is slightly less than 92 square 
nautical miles in the EEZ offshore from Ft. Pierce to Sebastian Inlet, 
FL. The geographical coordinates are specified at 50 CFR 622.35(c)(2). 
The experimental closed area constitutes a portion of the southern part 
of the Oculina Bank HAPC. In the entire HAPC no person may: (1) Use a 
bottom longline, bottom trawl, dredge, pot, or trap; (2) if aboard a 
fishing vessel, anchor, use an anchor and chain, or use a grapple and 
chain; or (3) fish for rock shrimp or possess rock shrimp in or from 
the area on board a fishing vessel.
    Both the proposed and final rules for Amendment 6 stated that the 
measures applicable to the experimental closed area ''... will 
``sunset'' after 10 years if not reauthorized by the Council.''(59 FR 
9721, March 1, 1994 and 59 FR 27242, May 26, 1994, respectively).
    As stated above, measures applicable to the experimental closed 
area were intended to enhance stock stability and increase recruitment 
of South Atlantic snapper-grouper by providing an area where deepwater 
snapper-grouper species could grow and reproduce without being 
subjected to fishing mortality.They were based on the Council's concern 
that traditional fishery management measures, such as minimum size 
limits and quotas, might not be sufficient to protect fully the 
snapper-grouper resources. The Council believed the measures would 
provide protection for overfished species in the management unitwhile 
minimizing adverse impacts upon user groups.
    Based on limited information, there appear to be some encouraging 
signs of positive biological impacts from the initial 9-year 
prohibition of fishing for snapper grouper species within the 
experimental closed area since it was established in 1994. A study 
conducted in 2001 found that, in the few areas where habitat remained 
intact, there were more and larger groupers thanobserved in a 1995 
study, and male gag and scamp were also common. The observation of male 
gag and scamp is particularly of interest because size, age, and 
proportion of males of these species have declined both in the Gulf of 
Mexico and South Atlantic regions. Other encouraging signs include 
theobservation of juvenile speckled hind, which is a candidate species 
for listing under the Endangered Species Act. However, species in the 
management unit remain overfished and continued protection is required.

Proposed Actions

    Amendment 13A proposes to continue the current measures applicable 
to the experimental closed area indefinitely. Those measures at 50 CFR 
622(c)(2) read as follows:
    ``(2) Experimental closed area. Within the Oculina Bank HAPC, 
the experimental closed area is bounded on the north by 27[deg]53' 
N. lat., on the south by 27[deg]30' N. lat., on the east by 
79[deg]56' W. long., and on the west by 80[deg]00' W. long. No 
person may fish for South Atlantic snapper-grouper in the 
experimental closedarea, and no person may retain South Atlantic 
snapper-grouper in or from the area. In the experimental closed 
area, any South Atlantic snapper-grouper taken incidentally by hook-
and-line gear must be released immediately by cutting the line 
without removing the fish from the water.''
    The Council would review the configuration and size of the 
experimental closed area within 3 years of the publication date of the 
final rule that would implement Amendment 13A and would re-evaluate all 
measures applicable to the area after 10 years. The Council believes 
these actions provide the most biological, social, and economic 
benefits while allowing for adaptive management. Extending the 
prohibition on fishing for snapper-grouper species in the experimental 
closed area for an indefinite period will continue to protect snapper-
grouper populations and protect Oculina coral and associated habitat. 
Such extension will also provide a hedge against the high degree of 
scientific uncertainty associated with the status of snapper-grouper 
species and reduce the possibility that these populations may fall 
below sustainable levels. Economically it is expected that the long-
term benefits, such as ``insurance'' against the uncertainty of stock 
assessments and the non-use benefits of extending the prohibitions on 
snapper-grouper fishing in the closed area, outweigh the short-term 
benefits of opening the area to harvest. These measures are also 
expected to provide themost long-term positive social impacts because 
they allow for adaptive management which can be seen as an assurance to 
the public that the area will be monitored and reviewed. Should the 
Council find after the 3-year review on size and configuration that the 
boundaries of the area are not appropriate, they can be changed at that 
time. In addition, the 10-year re-evaluation period will assure the 
public that the area will not be closed and forgotten.

Availability of Amendment 13A

    Additional background and rationale for the measures discussed 
above are contained in Amendment 13A. The availability of Amendment 13A 
was announced in the Federal Register on November 4, 2003, (68 FR 
62422). Written comments on Amendment 13A must be received by January 
5, 2004. All comments received on Amendment 13A or on this proposed 
rule during theirrespective comment periods will be addressed in the 
preamble to the final rule.

Classification

    At this time, NMFS has not determined that Amendment 13A is 
consistent with the national standards of the Magnuson-Stevens Act and 
other applicable laws. NMFS, in making that determination, will take 
into account the data, views, andcomments received during the comment 
period on Amendment 13A.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared, and NMFS supplemented, an IRFA, based on the 
RIR, that describes the economic impacts that this proposed rule, if 
adopted, would have on small business entities. A summary of the IRFA 
follows:
    Amendment 6 to the Snapper-Grouper Fishery Management Plan, 
implemented in May 1994, established a harvest prohibition for snapper-
grouper species in the Oculina Experimental Closed Area. This 
prohibition is scheduled to sunset in June 2004. The proposed rule 
would extend the prohibition for an indefinite period of time for the 
purpose of providing continued protection of snapper-grouper species, 
thereby reducing the possibility that these populations may fall below 
sustainable levels. Further, by restricting the ability to harvest fish 
from the area, the proposed rule is also expected to provide protection 
to the Oculina coral in the area. The Magnuson-Stevens Act, as amended, 
provides the statutory basis for the proposed rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. The proposed rule does not impose any reporting or record 
keeping requirements.
    There are two general classes of small entities that wouldbe 
directly affected by the proposed rule, commercial fishing vessels and 
for-hire fishing vessels. The Small Business Administration defines a 
small business that engages in commercial fishing as a firm that is 
independently owned and

[[Page 66071]]

operated, is not dominant in its field of operation, and hasannual 
receipts up to $3.5 million per year. The revenue benchmark for a small 
business that engages in for-hire fishing is a firm that has annual 
receipts up to $6.0 million per year. There were 1,174 commercial 
vessels that participated in the snapper-grouper fishery in the South 
Atlantic during 2002.Of these vessels, 120 were homeported in the area 
of interest, where the ``area of interest'' is defined as those home 
port locations on the Florida Atlantic coast from Cape Canaveral south 
to West Palm Beach and are in the closest geographic proximity to the 
area covered by the proposed rule. Commercial vessels operating in the 
snapper-grouper fishery in this area are estimated to have average 
annual gross and net incomes of approximately $39,745 and $12,388, 
respectively. Based on this income profile, it is assumed that all 
commercial fishing entities that would be affected by the proposed rule 
are small entities.
    For the for-hire sector, 1,221 snapper-grouper for-hire permits 
were issued to vessels in the southern Atlantic states in 2002. Of this 
total, 94 permits were issued to for-hire vessels in the area of 
interest. These vessels comprise two types of business operations, 
charterboats, which are smaller vessels (6 or fewer passengers) that 
book trips on a vessel basis, andheadboats, which are larger vessels 
that book passage on an individual angler basis. The average gross and 
net revenues in 1997 for charterboats operating off the Atlantic coast 
of Florida are estimated at $57,000 and $15,000 (2001 dollars), while 
that of headboats are estimated at $155,000 and $69,000 (2001dollars). 
Based on these gross revenue profiles, all for-hire vessels that would 
be affected by the proposed rule are assumed to be small entities.
    The number of commercial and for-hire vessels that would fish in 
the closed area should the area reopen after sunset of the current rule 
is not known. However, all entities in the area of interest have the 
potential to enter the area. Since all such entities would be covered 
by the proposed rule and all said entities are small entities, it is 
concluded that a substantial number of small entities would be affected 
by the proposed rule. An IRFA was prepared to analyze the expected 
impacts on small entities. The proposed rule extending harvest 
prohibition for an indefinite period would not alter present fishing 
practices. Therefore, it would not affect the profitability of 
identified vessels. However, if there are any speculative decisions 
about the sunset of the existing rule in June 2004, there could be some 
reduction in future speculative earnings. The public is invited to 
comment and to provide any information that would enable NMFS to 
identify and assess any future potential economic impacts that could 
result from the proposed rule.
    Five alternatives to the proposed rule were considered. One 
alternative differs from the proposed rule only in that it lacks a 
specific schedule for re-evaluation of the rule. Three alternatives 
also lack a re-evaluation schedule and differ from the proposed rule in 
the duration of the prohibition. No impacts have been identified 
associated with the presence or absence ofa prescribed re-evaluation 
schedule. These four alternatives, therefore, are expected to have the 
same effect on the affected entities as the proposed rule, and none 
would adversely affect current profitability but would, instead, 
eliminate potential increased short-term profits that might be derived 
from fishing activity directed into the Oculina area, should sunset 
occur. The fifth alternative, the no-action alternative, would allow 
forsunset of the prohibition and fishing in the area to occur. This 
alternative would, therefore, allow these potential short-term 
increases in profits to occur. However, if snapper-grouper populations 
become depleted as a result of directed effort insidethe area, the 
short-term gains would dissipate. Further, these potential short-term 
profits are not believed to be greater than the benefits that would 
accrue to continued protection of the resource and area. These benefits 
are expected to exceed potential short-term profits no matter how long 
the prohibition continues. The proposed rule, therefore, would best 
suit management needs and meet the Council's intent.

Changes to Regulatory Text

    If approved, the measures in Amendment 13A would continue in effect 
in the current regulations. Accordingly, this proposed rule contains no 
changes to regulatory text. If Amendment 13A is disapproved, the 
regulatory text at 50 CFR 622.35(c)(2) would be removed effective June 
27, 2004.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 19, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-29444 Filed 11-24-03; 8:45 am]
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