[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 67618-67620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28409]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110819519-1640-02]
RIN 0648-BB22


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management 
Measures

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement the management 
actions described in a regulatory amendment to the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared 
by the Gulf of Mexico Fishery Management Council (Council). This final 
rule increases the 2011 commercial quota for red grouper, and thereby 
increases the 2011 commercial quota for shallow water grouper (SWG), 
sets the commercial quota for red grouper and SWG from 2012 to 2015 and 
subsequent fishing years, and increases the red grouper recreational 
bag limit from two to four fish within the current four-fish grouper 
aggregate bag limit. The increase in the recreational bag limit will 
allow the recreational sector to more effectively harvest the increase 
in the recreational allocation established in the regulatory amendment. 
The intended effect of this final rule is to help prevent overfishing 
of red grouper while achieving optimum yield (OY) by increasing the red 
grouper harvest consistent with the findings of the recent 2010 re-run 
of the stock assessment for this species using updated information.

DATES: This rule is effective November 2, 2011.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes an environmental assessment and a regulatory impact review, 
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone: (727) 824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
(Gulf) is managed under the FMP. The FMP

[[Page 67619]]

was prepared by the Council and is implemented through regulations at 
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On September 21, 2011, NMFS published a proposed rule for the 2011 
red grouper regulatory amendment and requested public comment (76 FR 
58455). The proposed rule and the regulatory amendment outline the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by this final rule is provided below.
    This final rule increases the commercial quota and the recreational 
allocation for Gulf red grouper and thereby increases the Gulf red 
grouper total allowable catch (TAC). This final rule increases the Gulf 
red grouper 2011 commercial quota from 4.32 million lb (1.96 million 
kg) to 5.23 million lb (2.82 million kg). This rule also sets the Gulf 
red grouper commercial quotas for 2012 to 2015 at 5.37 million lb (2.37 
million kg) for 2012, 5.53 million lb (2.44 million kg) for 2013, 5.63 
million lb (2.51 million kg) for 2014, and 5.72 million lb (2.59 
million kg) for 2015, and subsequent fishing years. However, these 
increases in the red grouper commercial quota are contingent upon the 
TAC not being exceeded in the previous fishing year (regardless of 
which sector is responsible for any overage). Increases in the Gulf red 
grouper commercial quotas from 2012 to 2015 will correspondingly 
increase the SWG quota to 6.21 million lb (2.82 million kg) for 2012, 
6.37 million lb (2.89 million kg) for 2013, 6.47 million lb (2.93 
million kg) for 2014, and 6.56 million lb (2.98 million kg) for 2015, 
and subsequent fishing years. Increases in the SWG quota are contingent 
upon the red grouper TAC or gag TAC not being exceeded in the previous 
fishing year.
    This rule also increases the recreational allocation of Gulf red 
grouper for 2011 from 1.36 million lb (0.62 million kg) to 1.65 million 
lb (0.75 million kg). The recreational allocation for 2012 to 2015 
would be 1.70 million lb (0.78 million kg) for 2012, 1.74 million lb 
(0.79 million kg) for 2013, 1.78 million lb (0.81 million kg) for 2014, 
and 1.80 million lb (0.82 million kg) for 2015, and subsequent fishing 
years.
    Given the increase in the recreational allocation and that the 
recreational sector's harvest has been less than catch targets in 
recent years, a relaxation of recreational management measures is 
warranted. This final rule increases the Gulf red grouper recreational 
bag limit from two to four fish. Amendment 32 to the FMP, currently 
under development, would establish an adaptive management approach for 
this new bag limit through an accountability measure. Under Amendment 
32, if the red grouper recreational ACL is exceeded, the bag limit 
would be reduced for the subsequent year by one fish (with a two-fish 
bag limit as the lowest bag limit allowable under this accountability 
measure).

Comments and Responses

    NMFS received seven letters on the proposed rule; one from an 
industry organization and six from individuals. Three of the letters 
supported the proposed rule, and are not addressed here. Four letters 
opposed some or all of the management measures. These letters contained 
two distinct comments to the rule, which are addressed below.
    Comment 1: Two comments from for-hire operators indicated they 
would prefer maintaining the current two-fish bag limit if the February 
1 to March 31 seasonal closure could be lifted. The commenters stated 
that the current 2-month closure limits their ability to market fishing 
trips.
    Response: Because the red grouper closed season for the 2011 
fishing year has already passed, the Council only evaluated increasing 
the recreational bag limit to allow the recreational sector to more 
fully harvest its increased allocation and achieve OY specifically for 
the 2011 fishing year. If the bag limit was not increased, then the 
ability of the recreational sector to harvest its allocation for the 
2011 fishing year would be reduced. The current February 1 through 
March 31 seasonal closure for SWG, which includes red grouper, was 
implemented through Amendment 30B to the FMP (April 16, 2009, 74 FR 
17603). The current closure was implemented to co-manage gag and red 
grouper and constrain the recreational gag harvest while simultaneously 
allowing the stock to increase and allow the red grouper harvest to be 
harvested as close to OY as possible. As the gag stock rebuilds, the 
Council may examine management alternatives to the current closed 
season.
    Comment 2: Two comments, one from the for-hire sector and one from 
the commercial sector, suggested the increases in the red grouper 
recreational bag limit and quota were too large. The for-hire captain 
supported a three-red grouper bag limit, and both commenters supported 
a reduced quota increase.
    Response: The Council evaluated bag limit analyses from Amendment 
30B to the FMP, which indicated the increase in the recreational 
sector's allocation could support a four-fish bag limit. However, to 
ensure this bag limit increase does not lead to overfishing, the 
Council has submitted for approval by the Secretary of Commerce an 
accountability measure (AM) in Amendment 32 to the FMP that would 
decrease the recreational bag limit if the recreational annual catch 
limit (ACL) is exceeded in a fishing year. Additional recreational AMs 
implemented through Amendment 30B and proposed in Amendment 32 will 
allow for recreational seasonal closures should landings indicate the 
recreational sector's ACL is projected to be met or exceeded.
    The rerun of the 2009 update assessment for red grouper supports 
the 910,000 lb (412,769 kg) increase in the commercial quota. This 
quota is less than the current ACL for the commercial sector for red 
grouper. The commercial harvest of red grouper is managed under the 
Gulf grouper-tilefish individual fishing quota (IFQ) program. The IFQ 
program functions as an AM for the commercial sector because the 
program closely monitors commercial landings and IFQ participants are 
limited to their specific IFQ allocation each fishing year. Therefore, 
it is unlikely the commercial ACL would be exceeded during a fishing 
year.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of red grouper in the Gulf of Mexico and is consistent with 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 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 action 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 is not repeated here. No comments were received regarding 
this certification. As a result, a regulatory flexibility analysis was 
not required and none was prepared.
    NMFS finds good cause under 5 U.S.C. 553(d) to waive the delay in 
effective date for this rule. Delaying the effectiveness of this final 
rule is unnecessary and contrary to the public interest. This rule 
increases the 2011 commercial quota for red grouper, which in turn 
increases the 2011

[[Page 67620]]

commercial quota for SWG and the red grouper recreational bag limit to 
four fish. These measures will benefit commercial and recreational 
fishermen, and will not have any adverse affects on the grouper stocks 
in the Gulf of Mexico. Additionally, the immediate effectiveness of 
this final rule will allow fishermen to more effectively harvest the 
increase in the red grouper and SWG quota and red grouper recreational 
bag limit established in the regulatory amendment during the current 
fishing season. Delaying implementation of these measures could result 
in red grouper fishermen not having the opportunity to achieve OY from 
the stock, because the sectors would have insufficient time to harvest 
the quota increase before the fishing year's end. A delay would thus 
diminish the social and economic benefits for red grouper fishermen 
this rule provides, and undermine the purpose of the rule itself. 
Finally, this rule creates no new duties, obligations, or requirements 
for the regulated community that would necessitate delaying this rule's 
effectiveness to allow them to come into compliance with it. Indeed, 
parties regulated by this rule can continue to conduct their operations 
without modification even after this rule is in effect. Thus, delaying 
the rule's effectiveness is unnecessary and contrary to the public 
interest.

List of Subjects in 50 CFR Part 622

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

    Dated: October 28, 2011.
John Oliver
Deputy Assistant Administrator for Operations, 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

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.  622.39, the first sentence in paragraph (b)(1)(ii) is 
revised to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Groupers, combined, excluding goliath grouper and Nassau 
grouper--4 per person per day, but not to exceed 1 speckled hind or 1 
warsaw grouper per vessel per day, or 2 gag per person per day. * * *
* * * * *

0
3. In Sec.  622.42, two sentences are added after the first sentence in 
the introductory text and paragraphs (a)(1)(iii)(A) and (C) are revised 
to read as follows:


Sec.  622.42  Quotas.

    * * * Annual quota increases are contingent on the total allowable 
catch for the applicable species not being exceeded in the previous 
fishing year. If the total allowable catch is exceeded in the previous 
fishing year, the RA will file a notification with the Office of the 
Federal Register to maintain the quota for the applicable species from 
the previous fishing year for following fishing years, unless the best 
scientific information available determines maintaining the quota from 
the previous year is unnecessary. * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (A) SWG combined. (1) For fishing year 2011--6.07 million lb (2.75 
million kg).
    (2) For fishing year 2012--6.21 million lb (2.82 million kg).
    (3) For fishing year 2013--6.37 million lb (2.89 million kg).
    (4) For fishing year 2014--6.47 million lb (2.93 million kg).
    (5) For fishing year 2015 and subsequent fishing years--6.56 
million lb (2.98 million kg).
* * * * *
    (C) Red grouper. (1) For fishing year 2011--5.23 million lb (2.82 
million kg).
    (2) For fishing year 2012--5.37 million lb (2.37 million kg).
    (3) For fishing year 2013--5.53 million lb (2.44 million kg).
    (4) For fishing year 2014--5.63 million lb (2.51 million kg).
    (5) For fishing year 2015 and subsequent fishing years--5.72 
million lb (2.59 million kg).
* * * * *
[FR Doc. 2011-28409 Filed 10-28-11; 4:15 pm]
BILLING CODE 3510-22-P