[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Proposed Rules]
[Pages 73747-73749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-AU29


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 15A

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

ACTION: Notice of Availability of Amendment 15A to the South Atlantic 
Snapper-Grouper Fishery Management Plan; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 15A to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. Amendment 15A proposes actions to 
update management reference points for snowy grouper, black sea bass, 
and red porgy based on the most recent stock assessments; modify 
rebuilding schedules for snowy grouper and black sea bass; define 
rebuilding strategies for snowy grouper, black sea bass, and red porgy; 
and redefine the minimum stock size threshold for the snowy grouper 
stock. The measures contained in the subject amendment are intended to 
satisfy a U.S. District Court Order to establish rebuilding plans for 
South Atlantic snowy grouper and black sea bass and for the Secretary 
of Commerce (Secretary) to approve,

[[Page 73748]]

amend, or disapprove Amendment 15A by March 14, 2008.

DATES: Comments must be received no later than 5 p.m., eastern time, on 
February 26, 2008.

ADDRESSES: You many submit comments, identified by ``0648-AU29'', by 
any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov.
     Fax: 727-824-8308, Attn: John McGovern.
     Mail: John McGovern, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Requests for copies of Amendment 15A, which includes an 
environmental impact statement, a regulatory impact review, a 
regulatory flexibility analysis, and a fishery impact statement, should 
be sent to the South Atlantic Fishery Management Council, 4055 Faber 
Place, Suite 201, North Charleston, SC 29405; telephone 843-571-4366; 
fax 843-769-4520; e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: John McGovern, telephone: 727-824-
5305; fax: 727-824-5308; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery 
is managed under the FMP. The FMP was prepared by the Council and 
implemented by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.

Background

    Stock assessments performed through the Southeast Data Assessment 
and Review process have revealed that the South Atlantic stocks of 
snowy grouper (Epinephelus niveatus), black sea bass (Centropristis 
striata), and red porgy (Pagrus pagrus) are overfished. Furthermore, 
snowy grouper and black sea bass are undergoing overfishing. The 
Council is required by the Magnuson-Stevens Act to implement rebuilding 
plans for these overfished species. The intent of a rebuilding plan is 
to increase biomass of overfished stocks to a sustainable level 
(Bmsy) within a specified period of time.
    On August 17, 2007, the United States District Court for the 
District of Columbia, issued a ruling on Amendment 13C to the FMP 
(North Carolina Fisheries Association, Inc., et al., v. Carlos 
Gutierrez, Secretary, United States Department of Commerce, Case No. 
06-1815 (D.O.C. 2006)). The Court found that a plan to rebuild snowy 
grouper and black sea bass should have been included in Amendment 13C 
because those two species were overfished. The Court then issued an 
Order on October 2, 2007, requiring, among other things, the Secretary 
to approve, amend, or disapprove Amendment 15A by March 14, 2008. 
Amendment 15A is intended to fulfill the Court's Order in a timely 
manner.

Proposed Provisions of Amendment 15A

    Amendment 15A proposes updated management reference points for 
snowy grouper, black sea bass, and red porgy based on the most recent 
stock assessments; modifies rebuilding schedules for snowy grouper and 
black sea bass; proposes rebuilding strategies for snowy grouper, black 
sea bass, and red porgy; and redefines the minimum stock size threshold 
(MSST) for the snowy grouper stock.
    New biological reference points for snowy grouper would include a 
maximum sustainable yield (MSY) of 313,056 lb (142,000 kg) whole weight 
(ww), an optimum yield (OY) of 303,871 lb (137,834 kg) ww, and an MSST 
of 3,498,735 lb (1,587,000 kg) ww that would establish a larger buffer 
between what is considered to be an overfished and a rebuilt condition. 
This amendment proposes to establish a 34-year rebuilding schedule for 
snowy grouper based on the maximum recommended period of time needed to 
rebuild the stock, where 2006 is year 1. The rebuilding strategy for 
snowy grouper specifies a 2009 total allowable catch (TAC) of 102,960 
lb (46,702 kg) ww that would remain in effect until modified through 
subsequent action.
    Based on the most recent stock assessment, Amendment 15A proposes 
an MSY for red porgy equal to 625,699 lb (283,812 kg) ww, and an OY 
equal to 608,099 lb (275,829 kg) ww. The rebuilding strategy for red 
porgy would maintain a constant fishing mortality rate throughout the 
stock's rebuilding time frame of 18 years, which began in 1999. A 
proposed TAC of 395,281 lb (179,296 kg) ww would remain in effect until 
modified through subsequent action.
    Based on the most recent stock assessment for black sea bass in the 
South Atlantic region, Amendment 15A proposes an MSY equal to 2,777,825 
lb (1,260,000 kg) ww, and an OY equal to 2,742,551 lb (1,244,000 kg) 
ww. Amendment 15A proposes a 10-year rebuilding schedule for black sea 
bass, based on the maximum recommended period of time needed to rebuild 
the stock, where 2006 is year 1. The rebuilding strategy for black sea 
bass would maintain constant catch during the rebuilding time frame, 
with a proposed 2009 TAC of 847,000 lb (384,193 kg) ww, which would 
remain in effect until modified through subsequent action.

Procedural Aspects of Amendment 15A

    The Council has submitted Amendment 15A for Secretarial review, 
approval, and implementation. NMFS' decision to approve, partially 
approve, or disapprove Amendment 15A will be based, in part, on 
consideration of comments, recommendations, and information received 
during the comment period on this notice of availability. After 
consideration of these factors, and consistency with the Magnuson-
Stevens Act and other applicable laws, NMFS will publish a notice of 
agency action in the Federal Register announcing the Agency's decision 
to approve, partially approve, or disapprove Amendment 15A, and the 
associated rationale. Because none of the measures included in the 
amendment involve regulatory changes, no proposed or final rule is 
required at this time. If approved, the provisions of Amendment 15A 
would not be specified in regulations but would be considered to be an 
amendment to the FMP. Any subsequent regulatory management measures 
resulting from the rebuilding plan, would be implemented via plan 
amendment or regulatory amendment with associated proposed rules, 
public comment, and final rules.

Consideration of Public Comments

    Public comments received by 5 p.m. eastern time, on February 26, 
2008, will be considered by NMFS in the approval/disapproval decision 
regarding Amendment 15A.

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


[[Page 73749]]


    Dated: December 20, 2007
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-25248 Filed 12-27-07; 8:45 am]
BILLING CODE 3510-22-S