[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Proposed Rules]
[Pages 28841-28842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7586]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 051106B]
RIN 0648-AT75


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

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

ACTION: Announcement of availability of an amendment to a fishery 
management plan; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 13C to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. The amendment would end 
overfishing of snowy grouper, golden tilefish, vermilion snapper, and 
black sea bass, and increase the catch of red porgy consistent with an 
updated stock assessment.

DATES: Comments must be received no later than 5 p.m., eastern time, on 
July 17, 2006.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject 
line the following document identifier: 0648-AT75.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Julie Weeder, Southeast Regional Office, NMFS, 263 
13\th\ Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Julie Weeder.
    Copies of Amendment 13C, which includes a Final Environmental 
Impact Statement, a Regulatory Impact Review, and an Initial Regulatory 
Flexibility Analysis, are available from the South Atlantic Fishery 
Management Council, 1 Southpark Circle, Suite 306, Charleston, SC 
29407-4699; e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Julie Weeder, 727-551-5753; fax: 727-
824-5308; 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 
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.
    The Magnuson-Stevens Act requires a regional fishery management 
council to submit any amendment to a fishery management plan to NMFS 
for review, approval, disapproval, or partial approval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an amendment, 
publish a notice in the Federal Register stating that the amendment is 
available for public review and comment.

Background

    The Council began developing the actions in Amendment 13C in 2003 
to eliminate or phase out overfishing of snowy grouper, golden 
tilefish, vermilion snapper, and black sea bass, as mandated by the 
Magnuson-Stevens Act. The amendment will also allow an increase in the 
catch of red porgy, consistent with an updated stock assessment.

Proposed Actions

    Amendment 13C, if implemented, would reduce and phase in the snowy 
grouper quota and trip limit over 3 years and limit possession to one 
per person per day within the 5-grouper per person per day aggregate 
recreational bag limit. For golden tilefish, the annual commercial 
quota and trip limit would be reduced. The golden tilefish commercial 
trip limit would be further reduced each year if 75 percent of the 
quota was taken by September 1, in an attempt to achieve a year-round 
fishery. For the recreational sector, possession would be limited to 
one per person per day within the 5-grouper per person per day 
aggregate bag limit. An annual commercial quota would be established 
for vermilion snapper, and the recreational minimum size limit would 
increase from 11 inches (27.9 cm) total length (TL) to 12 inches (30.5 
cm) TL. For black sea bass, an annual commercial quota would be 
established and phased in over 3 years; fishermen would be required to 
use at least 2-inch (5.1-cm) mesh for the entire back panel of black 
sea bass pots; the commercial and recreational fishing year would 
change from the calendar year to June 1 through May 31; and black sea 
bass pots would be required to be removed from the water once the 
commercial quota is met. A black sea bass recreational allocation would 
also be established and would be phased in over 3 years; the 
recreational size limit would increase from 10 inches (25.4 cm) TL to 
12 inches (30.5 cm) TL and be phased in over 2 years; and the 
recreational bag limit would be reduced from 20 to 15 per person per 
day. For red porgy, a commercial quota would be established, the 
commercial trip limit would be increased, and the recreational bag 
limit would increase from 1 to 3 red porgy per person per day.
    The Council believes these actions provide the most biological, 
social, and economic benefits while allowing for adaptive management. 
The Magnuson-Stevens Act requires the regional fishery management 
councils and NMFS to implement measures to end overfishing. Recent 
stock assessments indicated snowy grouper, golden tilefish, vermilion 
snapper, and black sea bass are undergoing overfishing, and that red 
porgy is rebuilding from an overfished status and is not undergoing 
overfishing. This action proposes measures to reduce harvests and end 
overfishing of these species. Additional background and rationale for 
the measures discussed above are contained in Amendment 13C.

Proposed Rule

    A proposed rule that would implement the measures in Amendment 13C 
has been received from the Council. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the

[[Page 28842]]

proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    Comments received by the end of the comment period on the notice of 
availability of the FMP, whether specifically directed to the FMP or 
the proposed rule, will be considered by NMFS in its decision to 
approve, disapprove, or partially approve Amendment 13C. Comments 
received after that date will not be considered by NMFS in this 
decision. All comments received by NMFS on Amendment 13C or the 
proposed rule during their respective comment periods will be addressed 
in the preamble of the final rule.

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

    Dated: May 12, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-7586 Filed 5-17-06; 8:45 am]
BILLING CODE 3510-22-S