[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Proposed Rules]
[Pages 42688-42691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17750]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2230-01]
RIN 0648-BC03


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 12) 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 modify the golden tilefish annual catch 
limit (ACL), which would be equal to the optimum yield (OY), as well as 
revise the recreational accountability measures (AMs) for golden 
tilefish in the South Atlantic exclusive economic zone (EEZ). The 
intent of this rule is to modify management measures for golden 
tilefish in the commercial and recreational sectors in the South 
Atlantic based on new stock assessment analyses.

DATES: Written comments on this proposed rule must be received on or 
before August 20, 2012.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2012-0087'' 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: Karla Gore, 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 (enter N/A in the required field if you wish to 
remain anonymous).
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2012-0087'' in the search field 
and click on ``search.'' After you locate the document ``Snapper-
Grouper Fishery off the Southern Atlantic States; Snapper-Grouper 
Management Measures,'' click the ``Submit a Comment'' link in that row. 
This will display the comment Web form. You can then enter your 
submitter information (unless you prefer to remain anonymous), and type 
your comment on the Web form. You can also attach additional files (up 
to 10MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.
    Comments received through means not specified in this rule will not 
be considered.
    For further assistance with submitting a comment, see the 
``Commenting'' section at http://www.regulations.gov/#!faqs or the Help 
section at http://www.regulations.gov.
    Electronic copies of documents supporting this proposed rule 
including an environmental assessment, initial regulatory flexibility 
analysis (IRFA), regulatory impact review, and fishery impact statement 
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 the regional fishery 
management councils to prevent overfishing, to achieve (on a continuing 
basis) the OY from federally managed fish stocks, and to rebuild stocks 
that have been determined to be overfished. These mandates ensure 
management of fishery resources for the greatest overall benefit to the 
nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems. 
Reauthorization of the Magnuson-Stevens Act in 2007 required 
implementation of new tools to help end and prevent overfishing to 
achieve the OY from a fishery. The tools are ACLs and AMs.
    An ACL is the level of annual catch of a stock that, if met or 
exceeded, triggers some corrective action through AMs. The AMs are 
management controls to prevent exceeding the ACLs and to correct for 
overages of ACLs if they occur. An AM might be an in-season closure if 
catch approaches the ACL, or it may require reducing the ACL for the 
following fishing year because of an overage that occurred during the 
previous fishing year. ACLs may not exceed the overfishing limit (OFL) 
and the acceptable biological catch (ABC). The OFL is an estimate of 
the catch level above which overfishing is occurring and may come from 
a stock assessment. The ABC is defined as the level of a stock's annual 
catch that accounts for the scientific uncertainty in the estimate of 
OFL and any other scientific uncertainty, and is based on the Council's 
ABC control rule.

Management Measures Contained in This Proposed Rule

    This proposed rule, if implemented, would modify the ACL for golden 
tilefish. In 2011, ACLs and AMs were implemented for golden tilefish 
through the Amendment 17B to the FMP (75 FR 82280, December 30, 2010). 
Since then, golden tilefish have been assessed through the Southeast 
Data, Assessment, and Review (SEDAR) process using data through 2010. 
The stock assessment for golden tilefish indicated that the South 
Atlantic population is not overfished nor undergoing overfishing. 
Results from the recent stock assessment (SEDAR 25 2011) suggest that 
the current South Atlantic golden tilefish ACL (326,554 lb (148,122 
kg), round weight, or 291,566 lb (132,252 kg), gutted weight), can be 
increased. The current South Atlantic golden tilefish commercial ACL is 
316,757 lb (143,679 kg), round weight, or 282,819 lb (128,285 kg), 
gutted weight; and the recreational ACL is 1,578 fish. If implemented, 
the commercial and recreational ACLs for golden tilefish in the South 
Atlantic would be set at the yield associated with 75 percent fishing 
mortality that will produce the maximum sustainable yield (MSY) while 
the population is at equilibrium. Therefore, this proposed rule would

[[Page 42689]]

increase the current South Atlantic golden tilefish ACL to 625,000 lb 
(283,495 kg), round weight, or 558,036 lb (253,121 kg), gutted weight. 
The ACLs would continue to be split using the existing recreational (3 
percent) and commercial (97 percent) sector allocation. Therefore, if 
implemented, this proposed rule would set the South Atlantic golden 
tilefish commercial ACL equal to 606,250 lb (274,990 kg), round weight, 
or 541,295 lb (245,527 kg), gutted weight, and the recreational ACL 
equal to 3,019 fish. The ACLs would be set at this level to ensure 
there is a buffer between the ACLs and ABC (668,000 lb (303,000 kg), 
round weight, or 596,429 lb (270,536 kg), gutted weight) to account for 
management uncertainty. Equilibrium values represent the yield 
expected, on average, over a long period from a given management 
strategy. Using the estimated equilibrium values as a catch limit is a 
risk-averse approach that sacrifices some yield over the short-term to 
gain stability over the long-term and prevent unrealistic expectations 
of fishery potential by constituents.
    This proposed rule would also modify the AMs for the golden 
tilefish recreational sector of the snapper-grouper fishery. If 
recreational landings for golden tilefish meet, or are projected to 
meet the recreational ACL, NMFS will file a notification with the 
Office of the Federal Register to close the recreational sector for the 
remainder of the fishing year. Additionally, if the ACL is exceeded, 
the current recreational AMs for golden tilefish use a 3-year running 
average to determine if the length of the following fishing season 
needs to be reduced to ensure that the ACL is not exceeded in the 
following year. The 3-year running average could be heavily influenced 
by a single year's anomalously high or low landings, which may or may 
not be due to actual increases in harvest or statistical variation. 
This proposed rule would eliminate the 3-year running average and use 
landings in a single year instead to reduce the risk of implementing 
overly conservative AMs when they are not needed.

Management Measures Contained in Regulatory Amendment 12

    Additionally, Regulatory Amendment 12 revises OY for golden 
tilefish and would establish the ACL equal to the OY and equal to the 
yield at 75 percent of the fishing mortality at MSY when the population 
is at equilibrium.

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 the FMP, Regulatory Amendment 12, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA for this rule, as required by section 603 of 
the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the 
economic impact that this proposed rule, if adopted, would have on 
small entities. 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. A copy of the full analysis is 
available from the NMFS (see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified.
    The proposed rule would not introduce any changes to current 
reporting, record-keeping, and other compliance requirements in the 
golden tilefish segment of the snapper-grouper fishery.
    NMFS expects the proposed rule to directly affect commercial 
fishers and for-hire operators. The Small Business Administration 
established size criteria for all major industry sectors in the U.S. 
including fish harvesters and for-hire operations. A business involved 
in fish harvesting is classified as a small business if independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and its combined annual receipts are not in 
excess of $4.0 million (NAICS code 114111, finfish fishing) for all of 
its affiliated operations worldwide. For for-hire vessels, other 
qualifiers apply and the annual receipts threshold is $7.0 million 
(NAICS code 713990, recreational industries).
    A total of 142 vessels using hook-and-line gear and 38 vessels 
using longline gear landed golden tilefish in any one year during 2005-
2010. Vessels using hook-and-line gear landed an annual average of 
about 27,000 lb (12,247 kg), gutted weight, of golden tilefish and 
220,000 lb (99,790 kg), gutted weight, of other snapper-grouper 
species. Gross revenues of these vessels annually averaged $76,000 
(2010 dollars) from golden tilefish and $567,000 (2010 dollars) from 
other snapper-grouper species. For 2005-2010, vessels using longline 
gear landed an annual average of about 298,000 lb (135,172 kg), gutted 
weight, of golden tilefish and 153,000 lb (69,400 kg), gutted weight, 
of other snapper-grouper species. For this period, their revenues 
annually averaged $802,000 from golden tilefish and $286,000 from other 
snapper-grouper species. On average, vessels using hook-and-line gear 
depended on other snapper-grouper species for a majority of their 
revenues while vessels using longline gear depended on golden tilefish 
as their major source of revenues. Obviously, some vessels using hook-
and-line gear could be expected to be more dependent on golden tilefish 
as a major source of revenues. Similarly, some vessels using longline 
gear could be more dependent on other snapper-grouper species as a 
major source of revenues. These vessels, using hook-and-line or 
longline gear, are assumed to comprise the universe of commercial 
vessels directly affected by actions in this regulatory amendment, 
including the ACL alternatives. It is possible that, with the proposed 
ACL increase, other commercial vessels may enter or re-enter the golden 
tilefish portion of the snapper-grouper fishery, but it is not 
reasonably possible to determine how many vessels would do so.
    Based on revenue information, all commercial vessels affected by 
the proposed action can be considered small entities.
    From 2005-2010, an annual average of 1,985 vessels had valid 
permits to operate in the snapper-grouper for-hire sector, of which 85 
are estimated to have operated as headboats. The for-hire fleet 
consists of charterboats, which charge a fee on a vessel basis, and 
headboats, which charge a fee on an individual angler (head) basis. The 
charterboat annual average gross revenue (2010 dollars) is estimated to 
range from approximately $62,000-$84,000 for Florida vessels, $73,000-
$89,000 for North Carolina vessels, $68,000-$83,000 for Georgia 
vessels, and $32,000-$39,000 for South Carolina vessels. For headboats, 
the corresponding revenue estimates are $170,000-$362,000 for Florida 
vessels, and $149,000-$317,000 for vessels in the other states.
    Based on these average revenue figures, all for-hire operations 
that would be affected by the proposed action can be considered small 
entities.
    Some fleet activity, i.e., multiple vessels owned by a single 
entity, may exist in both the commercial and for-hire snapper-grouper 
sectors to an unknown extent, and all vessels are considered as 
independent entities in this analysis.

[[Page 42690]]

    NMFS expects the proposed rule to directly affect all federally 
permitted commercial vessels harvesting golden tilefish and for-hire 
vessels that operate in the South Atlantic snapper-grouper fishery. All 
directly affected entities have been determined, for the purpose of 
this analysis, to be small entities. Therefore, NMFS determines that 
the proposed action would affect a substantial number of small 
entities.
    Because NMFS determines that all entities expected to be affected 
by the actions in this proposed rule are small entities, the issue of 
disproportional effects on small versus large entities does not arise 
in the present case.
    Given that the current commercial AM is maintained, the proposed 
ACL increase would result in revenue increases to the commercial 
vessels. It is also expected that such revenue increases would lead to 
profit increases, although the magnitude of profit increases cannot be 
estimated based on available information.
    The recreational sector has exceeded its ACL in recent years. In 
2011, this sector exceeded its ACL by more than 500 percent. The 
proposed ACL increase would not be enough to compensate for the 
expected overages in the recreational sector. Hence, with the proposed 
in-season and post-season AM for the recreational sector, the for-hire 
entities may be expected to experience profit reductions even with the 
proposed ACL increase. The magnitude of such profit reduction cannot be 
estimated based on available information.
    Because the commercial sector harvests much more golden tilefish 
than the recreational sector, receiving 97 percent of the combined ACL, 
it is likely that the profit increases to the commercial sector would 
cumulatively outweigh the profit decreases to the for-hire sector. NMFS 
expects that the proposed ACL increase would yield positive net profit 
to small entities that participate in the golden tilefish segment of 
the snapper-grouper fishery.
    Five alternatives, including the preferred alternative, were 
considered for revising the ACL and OY for golden tilefish. The first 
alternative, the no action alternative, would maintain the existing 
ACL, which is equal to OY and OY equal to 75 percent of the fishing 
mortality at MSY. This is not a viable alternative because, based on 
updated biomass information, it would result in an ACL that is greater 
than the ABC recommended by the Council's SSC. The second alternative 
would set the ACL equal to OY and OY equal to ABC. Due to its larger 
ACL, this alternative would result in larger short-term revenue and 
profit increases to commercial vessels than the preferred alternative. 
For the same reason, it would also result in better fishing 
opportunities and possibly higher profits to for-hire vessels than the 
preferred alternative. However, this alternative poses some risks, 
largely absent in the preferred alternative, of pushing the stock to an 
overfished level--fishery managers can overshoot the equilibrium 
biomass target, which could result in the population biomass dropping 
below both target and limit levels. In addition, this alternative 
provides for declining ACLs over time, which would tend to invite 
controversy especially when the stock is abundant and not overfished. 
On the other hand, the preferred alternative would provide for stable 
harvest levels over time that, although lower than those of the second 
alternative, would still be substantially higher than current levels. 
The third alternative would set the ACL equal to the OY and the OY 
equal to 90 percent of the ABC. The fourth alternative would set the 
ACL equal to the OY and the OY equal to 80 percent of the ABC. These 
two other alternatives would provide for lower ACLs than the preferred 
alternative, and thus lower economic benefits as well.
    Four alternatives, including the preferred alternative, were 
considered for revising the recreational AMs for golden tilefish. The 
first alternative, the no action alternative, is a post-season AM and 
employs a 3-year averaging method for determining ACL overages. Without 
an in-season AM, this alternative would not be as effective as the 
preferred alternative in preventing overages in the recreational 
sector. In addition, given the relatively large recreational harvests 
in recent years, the 3-year averaging method for determining ACL 
overages could potentially trigger the application of the AM even if no 
overages occurred in the current year. This would result in short-term 
reductions in profits and might also delay the benefits that would 
accrue from increasing the sector's ACL. The second alternative would 
specify a recreational sector AM trigger and includes two sub-
alternatives, including the preferred sub-alternative. The first sub-
alternative would not specify a recreational sector AM trigger, thus 
possibly limiting adverse effects on the profits of small entities. 
However, it would not provide for a measurable index in addressing the 
overages in the recreational sector. The third alternative would 
specify a recreational sector in-season AM and includes two sub-
alternatives, including the preferred sub-alternative. The first sub-
alternative would not specify a recreational sector in-season AM. This 
sub-alternative would likely result in higher profits to small entities 
than the preferred sub-alternative. However, it would not address the 
overages in the recreational sector that would eventually result in 
more restrictive regulations and larger reductions in the profits of 
small entities. The fourth alternative would specify a recreational 
sector post-season AM and includes two sub-alternatives, including the 
preferred sub-alternative. The first sub-alternative would specify a 
recreational sector post-season AM in terms of paybacks for the prior 
year's overages if golden tilefish were overfished. This sub-
alternative would likely result in larger profit reductions to small 
entities than the preferred sub-alternative. Moreover, this sub-
alternative would be unnecessary because golden tilefish is not 
overfished.
    In this regulatory amendment, the Council considered four 
alternatives for a commercial sector ACT for which the no action 
alternative is the preferred alternative. The other alternatives would 
set a commercial ACT equal to 90 percent, 75 percent, or 50 percent of 
ACL. If the Council had decided to use the ACT to close the commercial 
harvest and prohibit the sale of golden tilefish, these other 
alternatives would likely result in larger profit reductions to small 
entities than the preferred alternative.

List of Subjects in 50 CFR Part 622

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

    Dated: July 17, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, Performing the 
Functions and Duties of the Assistant Administrator for Fisheries, 
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.

    2. In Sec.  622.42, paragraph (e)(2) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *

[[Page 42691]]

    (2) Golden tilefish--541,295 lb (245,527 kg).
* * * * *
    3. In Sec.  622.49, the heading for Sec.  622.49 is revised, and 
paragraphs (b)(1)(i) and (ii) are revised to read as follows:


Sec.  622.49  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (b) * * *
    (1) * * *
    (i) Commercial sector. If commercial landings, as estimated by the 
SRD, reach or are projected to reach the commercial ACL (commercial 
quota) specified in Sec.  622.42(e)(2), the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for the remainder of the fishing year.
    (ii) Recreational sector. If recreational landings for golden 
tilefish, as estimated by the SRD, meet or are projected to meet the 
recreational ACL of 3,019 fish, the AA will file a notification with 
the Office of the Federal Register to close the recreational sector for 
the remainder of the fishing year. If recreational landings for golden 
tilefish, as estimated by the SRD, exceed the recreational ACL, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the AA will file a notification with the Office of the Federal 
Register, to reduce the length of the following recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year.
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[FR Doc. 2012-17750 Filed 7-19-12; 8:45 am]
BILLING CODE 3510-22-P