[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11477-11479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4508]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BA52


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 24

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

ACTION: Notice of availability; request for comments.

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

SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 24 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. Amendment 24 proposes actions to 
revise definitions of management thresholds for South Atlantic red 
grouper; establish a rebuilding plan; establish red grouper sector 
annual catch limits (ACLs) based on allocation decisions, a 
recreational annual catch target (ACT), and sector accountability 
measures (AMs); and remove the combined gag, black grouper, and red 
grouper ACLs and AMs. The intent of Amendment 24 is to implement a 
rebuilding plan for red grouper to help achieve optimum yield (OY) for 
the red grouper resource in accordance with the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received on or before April 27, 2012.

ADDRESSES: You may submit comments on the amendment identified by NOAA-
NMFS-2011-0298 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-2011-0298'' in the keyword search and click on ``search.'' To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0298'' 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 the amendment 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].

[[Page 11478]]


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 Magnuson-Stevens Act. The Magnuson-Stevens Act also 
requires that NMFS, upon receiving a plan or amendment, publish an 
announcement in the Federal Register notifying the public that the plan 
or amendment is available for review and comment.

Background

    The red grouper stock in the South Atlantic was assessed through 
the Southeast, Data, Assessment, and Review (SEDAR) process in 2010. 
The assessment indicates that the stock is experiencing overfishing and 
is overfished. Overfishing occurs when either fishing mortality rate 
exceeds the maximum fishing mortality threshold or catch exceeds the 
overfishing limit. Overfishing may lead to an overfished condition. A 
stock is overfished when its biomass has declined below a level that 
jeopardizes the capacity of the stock to produce the maximum 
sustainable yield (MSY) on a continuing basis. The level is referred to 
as the minimum stock size threshold (MSST).
    As directed by the Magnuson-Stevens Act, the Council must implement 
a rebuilding plan, through an FMP Amendment or proposed regulations, 
which ends overfishing immediately and provides for rebuilding the 
fishery. The intent of a rebuilding plan is to increase biomass of 
overfished stocks to a sustainable level within a specified period of 
time. A plan should achieve conservation goals, while minimizing to the 
extent practicable adverse socioeconomic impacts. NMFS notified the 
Council of the stock status on June 9, 2010; the Magnuson-Stevens Act 
specifies that measures to end overfishing and rebuild the stock must 
be implemented within 2 years of notification.
    The Magnuson-Stevens Act requires that ACLs and AMs be implemented 
to prevent overfishing and achieve the OY from a fishery. An ACL is the 
level of annual catch of a stock in pounds or numbers of fish that, if 
exceeded, triggers AMs. AMs are management controls to prevent ACLs 
from being exceeded and to correct overages of ACLs if they do occur. 
Two examples of AMs include an in-season closure if catch approaches 
the ACL and reducing the ACL by an overage that occurred the previous 
fishing year.
    The Council and NMFS are implementing a division of the red grouper 
ACL into sector-ACLs based upon allocation decisions. The Council and 
NMFS have determined that sector-ACLs and sector-AMs are important 
components of red grouper management as each sector differs in 
scientific and management uncertainty.

Actions Contained in the Amendment

    The amendment proposes to revise definitions of management 
thresholds for South Atlantic red grouper; establish a rebuilding plan; 
establish red grouper sector-ACLs based on allocation decisions, a 
recreational ACT, and sector AMs; and remove the combined gag, black 
grouper, and red grouper ACLs and AMs.

Modify the Current Definitions for Management Thresholds

    Definitions of MSY, OY, and MSST were set for red grouper in 
Amendment 11 to the FMP. The Council is revising the definitions based 
on the most recent scientific information. MSY would equal the yield 
produced by FMSY or the FMSY proxy; MSY and 
FMSY would be recommended by the most recent SEDAR or the 
Council's Scientific and Statistical Committee (SSC). Amendment 24 
would specify the MSY value for red grouper equal to 1.11 million lb 
(503,488 kg) until modified by further scientific information. The OY 
would be set equal to the acceptable biological catch (ABC) and ACL. 
The MSST, which is the overfished definition, would be changed from (1-
M) x BMSY, where M equals natural mortality and B equals 
biomass, to 75 percent of SSBMSY, where SSBMSY 
equals spawning stock biomass at MSY. The change would relieve an 
administrative burden by expanding the buffer between MSST and 
SSBMSY and avoid unwarranted designation of an overfished 
status.

Red Grouper Rebuilding Plan

    The Council selected a 10-year rebuilding plan for red grouper in 
Amendment 24. This is the maximum time frame allowed under the 
Magnuson-Stevens Act. However, because the Council intends to manage 
the stock using the FOY yield stream, the stock is projected 
to have an 81 percent chance of rebuilding, which is greater than the 
70 percent recommended by the Council's SSC. Given management 
uncertainties and uncertainties regarding stock assessment projections 
more than a few years in the future, a 10-year rebuilding plan would 
allow for fluctuations in catches and provide flexibility to address 
the needs of fishing communities when setting catch levels and 
management measures.

Red Grouper Sector-ACLs, Recreational ACT, and AMs

    The current combined gag, black grouper, and red grouper ACLs were 
implemented through Amendment 17B to the FMP (75 FR 82280, December 30, 
2010), before black grouper and red grouper stock assessments were 
completed through SEDAR. The Council, through Amendment 24, proposes to 
remove the combined gag, black grouper, and red grouper commercial and 
recreational ACLs as the ACLs are not based upon the best scientific 
information. Amendment 24 would implement red grouper ACLs. The gag 
ACL, implemented through Amendment 16 to the FMP, will remain. The 
Comprehensive ACL Amendment will specify the ACL for black grouper.
    The Council decided to define the red grouper ACL equal to ABC. The 
SSC's recommendation for ABC is the projected yield stream with a 70 
percent probability of rebuilding success. The Council chose to define 
the rebuilding yield stream at the equivalent of OY (75 percent of 
FMSY). The resultant ACLs proposed in Amendment 24, in round 
weight, are 647,000 lb (293,474 kg) for 2012, 718,000 lb (325,679 kg) 
for 2013, and 780,000 lb (353,802 kg) for 2014 and subsequent fishing 
years. In terms of AMs, if the ACLs, as estimated by the Southeast 
Fisheries Science Center (SEFSC) are exceeded in a fishing year, then 
during the following fishing year, the Assistant Administrator for 
Fisheries (AA) will file a notification with the Office of the Federal 
Register to state that both the commercial and recreational sectors 
will not have an increase in their respective sector ACLs during that 
following fishing year. The ABCs, ACLs, and ACTs selected by the 
Council may be revised through future stock assessments.
    The allocation of red grouper between the commercial and 
recreational sectors is 44 percent and 56 percent, respectively. 
Amendment 24 would implement ACLs for the red grouper commercial and 
recreational sectors based on this allocation.
    The recreational ACTs would be equal to the recreational ACL*(1-
PSE) or ACL*0.5, whichever is greater, where PSE equals the 
proportional standard error from the Marine Recreational Information 
Plan data source. The ACT is an amount of annual catch of a stock or 
stock complex that is the management target of the fishery, and 
accounts for management uncertainty in controlling the actual catch at 
or below the ACL. ACTs are recommended in the system of accountability 
measures so that ACL is not exceeded.

[[Page 11479]]

    The commercial ACLs, in round weight, would be 284,680 lb (129,129 
kg) for 2012, 315,920 lb (143,299 kg) for 2013, and 343,200 lb (155,673 
kg) for 2014 and subsequent fishing years. The recreational ACLs, in 
round weight, would be 362,320 lb (164,346 kg) for 2012, 402,080 lb 
(182,380 kg) for 2013, and 436,800 lb (198,129 kg) for 2014 and 
subsequent fishing years. The recreational ACTs, in round weight, would 
be 271,740 lb (123,259 kg) for 2012, 301,560 lb (136,785 kg) for 2013, 
and 327,600 lb (148,597 kg) for 2014 and subsequent fishing years.

AMs

    The Council intends to remove the combined gag, black grouper, and 
red grouper commercial and recreational AMs established through 
Amendment 17B. Gag and black grouper AMs, implemented through Amendment 
16 to the FMP and the Comprehensive ACL Amendment, respectively, will 
remain. Amendment 24 would add in-season commercial and recreational 
AMs for red grouper. If commercial or recreational landings for red 
grouper reach or are projected to reach the applicable ACL as estimated 
by the SEFSC, the AA will file a notification with the Office of the 
Federal Register to close the commercial or recreational sector for the 
remainder of the fishing year.
    Amendment 24 would specify overage adjustments for red grouper. If 
commercial or recreational landings for red grouper, as estimated by 
SEFSC, exceed the applicable ACL, the AA would file a notification with 
the Office of the Federal Register, to reduce the applicable ACL the 
following fishing year by the amount of the overage in the prior 
fishing year. Overage adjustments are needed particularly for red 
grouper to follow guidance for stocks and stock complexes in rebuilding 
plans that ensure rebuilding occurs within the specified timeframe.
    A proposed rule that would implement measures outlined in Amendment 
24 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS 
is evaluating Amendment 24 to determine whether it is consistent with 
the FMP, the Magnuson-Stevens Act, and other applicable law. If the 
determination is affirmative, NMFS will publish the proposed rule in 
the Federal Register for public review and comment.

Consideration of Public Comments

    The Councils submitted Amendment 24 for Secretarial review, 
approval, and implementation. NMFS' decision to approve, partially 
approve, or disapprove Amendment 24 will be based, in part, on 
consideration of comments, recommendations, and information received 
during the comment period on this notice of availability.
    Public comments received by 5 p.m. eastern time, on April 27, 2012, 
will be considered by NMFS in the approval/disapproval decision 
regarding Amendment 24.

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

    Dated: February 22, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-4508 Filed 2-24-12; 8:45 am]
BILLING CODE 3510-22-P