[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Proposed Rules]
[Pages 78879-78881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32533]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 110511280-1727-01]
RIN 0648-BB10


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Snapper-
Grouper Management Measures

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 publishes this proposed rule to implement a regulatory 
amendment (Regulatory Amendment 11) to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as 
prepared by the South Atlantic Fishery Management Council (Council). If 
implemented, this rule would remove the harvest and possession 
prohibition of six deep-water snapper-grouper species (snowy grouper, 
blueline tilefish, yellowedge grouper, misty grouper, queen snapper, 
and silk snapper) from depths greater than 240 ft (73 m) in the South 
Atlantic exclusive economic zone (EEZ). The intent of this rule is to 
reduce the socio-economic impacts to fishermen harvesting deep-water 
snapper-grouper as well as maintain the biological protection to

[[Page 78880]]

speckled hind and warsaw grouper in the South Atlantic.

DATES: Written comments on this proposed rule must be received on or 
before January 19, 2012.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2011-0209'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Rick DeVictor, 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.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0209'' in the keyword search and click on ``search.'' NMFS 
will accept anonymous comments (enter N/A in the required field if you 
wish to remain anonymous). You may submit attachments to electronic 
comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.
    Comments received through means not specified in this rule will not 
be considered.
    Electronic copies of documents supporting this proposed rule, which 
include an environmental assessment and a regulatory impact review 
(RIR), may be obtained from the Southeast Regional Office Web site at 
http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: (727) 824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the FMP. The FMP 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).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing of federally managed fish 
stocks, while minimizing bycatch and bycatch mortality to the extent 
practicable. These mandates are intended to ensure fishery resources 
are managed for the greatest overall benefit to the Nation, 
particularly with respect to providing food production and recreational 
opportunities, and protecting marine ecosystems. To further this goal, 
the Magnuson-Stevens Act requires fishery managers to establish a 
mechanism of specifying Annual Catch Limits (ACLs) at a level that 
prevents overfishing and does not exceed the fishing level 
recommendation of the respective Council's Scientific and Statistical 
Committee (SSC) or other established peer review processes. An ACL is 
the level of annual catch of a stock or stock complex that is set to 
prevent overfishing from occurring.
    In the South Atlantic snapper-grouper fishery, speckled hind and 
warsaw grouper are currently undergoing overfishing and an ACL of zero 
was established through Amendment 17B to the FMP (December 30, 2010, 75 
FR 82280). This ACL prohibits all harvest and possession of speckled 
hind and warsaw grouper in the South Atlantic regardless of the depth 
where they are caught. Despite a prohibition of the harvest and 
possession of speckled hind and warsaw grouper, bycatch mortality of 
these two species was anticipated to continue as a result of fishing 
effort for other deep-water snapper-grouper species. In order to reduce 
the bycatch mortality of speckled hind and warsaw grouper, Amendment 
17B to the FMP prohibited all fishing for and possession of deep-water 
snapper-grouper species (snowy grouper, blueline tilefish, yellowedge 
grouper, misty grouper, queen snapper, and silk snapper) beyond a depth 
of 240 ft (73 m), beginning January 31, 2011.
    However, recent analysis of landings data (June 1, 2011, SERO-LAPP-
2011-06 Report) indicate that speckled hind and warsaw grouper are 
rarely caught with snowy grouper, blueline tilefish, yellowedge 
grouper, misty grouper, queen snapper, or silk snapper. The low 
association between speckled hind and warsaw grouper landings and 
blueline tilefish may be attributable to the unique habitat preferences 
of speckled hind and warsaw grouper compared to blueline tilefish. 
Speckled hind and warsaw grouper generally prefer hard bottom structure 
with habitat features such as steep cliffs, notches, and rocky ledges 
of the continental shelf break. Blueline tilefish, which is targeted 
for harvest by the deep-water component of the snapper-grouper fishery, 
inhabit irregular bottoms composed of troughs and terraces inter-
mingled with sand, mud, or shell hash bottom where they live in 
burrows. In addition, the majority of snowy grouper landings in the 
South Atlantic are from waters deeper than 500 ft (152 m), where 
landings of speckled hind and warsaw grouper are extremely rare. Based 
on this information, at its August 2011 meeting, the Council concluded 
that allowing the harvest of deep-water species, including blueline 
tilefish and snowy grouper, beyond a depth of 240 ft (73 m), would not 
likely result in significant increases in the bycatch mortality of 
speckled hind or warsaw grouper, although low levels of bycatch of 
these species might occur. Even though yellowedge grouper, misty 
grouper, queen snapper, and silk snapper primarily share the same hard 
bottom habitat preference as speckled hind and warsaw grouper, these 
four species are rarely encountered and are not targeted by commercial 
or recreational fishermen.
    The purpose of the removal of the deep-water snapper-grouper 
harvest and possession prohibition in Regulatory Amendment 11 is to 
reduce the socio-economic impacts expected from the Amendment 17B deep-
water closure while maintaining the biological protection to speckled 
hind and warsaw grouper in the South Atlantic. At its August 2011 
meeting, the Council voted to approve Regulatory Amendment 11 based 
upon the recent data analyses, to remove the deep-water snapper-grouper 
harvest and possession prohibition implemented through Amendment 17B.
    The speckled hind and warsaw grouper harvest and possession 
prohibition, implemented through Amendment 17B, is not being changed 
and is expected to reduce fishing mortality of these two species even 
without the additional deep-water snapper-grouper harvest and 
possession prohibition. Therefore, if implemented, Regulatory Amendment 
11 would seek to prevent significant direct economic loss to snapper-
grouper fishermen and continue to achieve optimum yield for the 
fishery, without subjecting the speckled hind and warsaw grouper 
resource to overfishing.
    The Council will continue to explore management alternatives to 
enhance the biological protections for speckled hind and warsaw 
grouper.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Regulatory Amendment 11, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to

[[Page 78881]]

further consideration after public comment.
    This proposed 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 that this rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this determination is as follows:
    A description of the action, why it is being considered, and the 
objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. The Magnuson-Stevens Act provides the statutory basis for 
this rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified.
    This rule would directly affect businesses that fish for, possess, 
and retain snowy grouper, blueline tilefish, yellowedge grouper, misty 
grouper, queen snapper, and silk snapper in the South Atlantic EEZ. 
Under the North American Industry Classification System (NAICS), these 
businesses are in the finfish fishing (NAICS 11411) and charter fishing 
(NAICS 487210) industries. The Small Business Administration size 
standards for these businesses are $4.0 million and $7.0 million in 
annual receipts, respectively. NMFS estimates that from 890 to 944 
businesses in the finfish fishing industry and up to 1,754 businesses 
in the charter fishing industry participate in the affected snapper-
grouper fishery. All businesses expected to be directly affected by 
this rule are determined, for the purpose of this analysis, to be small 
entities.
    Since January 31, 2011, fishing for, possession, and retention of 
snowy grouper, blueline tilefish, yellowedge grouper, misty grouper, 
queen snapper, and silk snapper in the South Atlantic EEZ beyond a 
depth of 240 ft (73 m) has been prohibited. This rule would eliminate 
this prohibition and would be expected to result in a restoration of 
landings and associated ex-vessel revenue of approximately $348,000 
annually, as detailed in the RIR contained in Regulatory Amendment 11 
to the FMP.
    As a result, this rule would have a beneficial economic impact on 
small entities and would not result in a significant direct adverse 
economic impact on a substantial number of small entities.
    Because this rule, if implemented, is not expected to have a direct 
adverse economic impact on any small entities, an initial regulatory 
flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: December 14, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be 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.


Sec.  622.35  [Amended]

    2. In Sec.  622.35, paragraph (o) is removed and reserved.

[FR Doc. 2011-32533 Filed 12-19-11; 8:45 am]
BILLING CODE 3510-22-P