[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33259-33261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004516-3498-02]
RIN 0648-BC64


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

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

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in a framework 
action to the Fishery Management Plan for the Reef Fish Resources of 
the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery 
Management Council (Council). This final rule establishes a closure 
date for the 2013 recreational sector for the harvest of gag based on 
the projected annual catch target (ACT), and reduces the geographic 
extent of the recreational shallow-water grouper (SWG) fixed seasonal 
closure. In the Gulf of Mexico (Gulf), SWG consists of gag, red 
grouper, black grouper, scamp, yellowfin grouper, and yellowmouth 
grouper.
    The purpose of this rule is to help achieve optimum yield (OY) for 
the Gulf gag and other SWG resources and prevent overfishing from the 
stocks in the SWG complex.

DATES: This rule is effective July 5, 2013.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, regulatory impact review, and Regulatory 
Flexibility Act analysis, 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 includes 
SWG and 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).
    On February 21, 2013, NMFS published a proposed rule for the 
framework action and requested public comments (78 FR 12012). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by this final rule are provided below.
    This final rule: (1) Establishes a closure date for the 
recreational sector for the harvest of gag based on when the ACT is 
projected to be reached, rather than closing on November 1, 2013, as 
prescribed under current regulations; and (2) modifies the geographic 
extent of the recreational SWG fixed seasonal closure, which occurs 
from February 1 through March 31, each year, to allow recreational SWG 
fishing within Federal waters shoreward of the 20-fathom boundary 
during the closure. Both measures are intended to prevent overfishing 
of gag. However, while the second measure will reduce restrictions on 
fishermen wanting to harvest SWG in nearshore waters during the 
closure, the reduction in the geographic extent of the closure still 
provides some spawning season protection for several SWG species, but 
provides a better opportunity for the recreational sector to achieve OY 
from the stocks in the SWG complex in the Gulf.

Management Measures Contained in This Final Rule

Recreational Gag Fishing Season

    The recreational gag fishing season opens on July 1, each year. 
Currently, the season closes on November 1, each year, and remains 
closed until the following July. This final rule sets the closure date 
of the recreational sector for gag based on when the ACT is projected 
to be reached. NMFS will monitor recreational gag landings in-season 
and if NMFS projects the recreational gag ACL will be reached before 
the expected ACT closure date, NMFS may publish a different closure 
date in the Federal Register.
    Given a 2013 ACT of 1.287 million lb (0.584 million kg), gutted 
weight, and assuming compatible state regulations, NMFS projected at 
the time of the proposed rule that the recreational gag fishing season 
would remain open until sometime between November 11 and December 3, 
2013. In 2013, four Gulf coast counties in Florida established 
recreational gag fishing seasons in state waters that are inconsistent 
with the 2013 Federal season. All other Gulf coast counties are 
consistent with the season for Federal waters. Therefore, the effect of 
these inconsistent seasons on gag harvest has been factored into 
projections of how long the Federal season may remain open based on the 
ACT.
    Using updated landings data, NMFS now projects the ACT for the 
recreational sector for gag will be reached on December 3, 2013. 
Therefore, the recreational sector for gag will open at 12:01 a.m., 
local time, on July 1, 2013, and close at 12:01 a.m., local time, 
December 3, 2013, unless NMFS determines, using in-season landings 
data, that the ACL will be reached before December 3, 2013, at which 
time NMFS will publish a new closure date in the Federal Register.
    During the closure, the bag and possession limit of gag in or from 
the Gulf exclusive economic zone (EEZ) is zero. For persons in the Gulf 
on board a vessel for which a valid Federal charter vessel/headboat 
permit for Gulf reef fish has been issued, this bag and possession 
limit applies without regard to where such species were harvested, i.e. 
in state or Federal waters. The recreational sector for gag will reopen 
on July 1, 2014, the start of the 2014 recreational fishing season.

Recreational SWG Fixed Seasonal Closure

    This final rule modifies the geographic extent of the February 1 
through March 31 recreational SWG fixed seasonal closure, so that it 
applies only to Federal waters seaward of the 20-fathom boundary as 
established by the coordinates in 50 CFR 622.34(d). This modification 
will continue to provide protection for spawning gag as well as for 
other SWG species that spawn in waters deeper than 20 fathoms in 
February and March, while allowing fishermen to harvest SWG shoreward 
of the 20-fathom contour. The coordinates of the boundary follow the 
20-fathom reef fish bottom longline boundary from the Florida Keys 
north and west to Cape San Blas, as specified in Table 1 of Appendix B 
to 50 CFR Part 622. However, where the longline boundary moves out to 
50 fathoms west of Cape San Blas, this rule establishes new 20-fathom 
boundary coordinates for waters off Cape San Blas to the U.S. and 
Mexico border.

Comments and Reponses

    NMFS received a total of 23 individual comments on the framework 
action and the proposed rule. Seven individual comments supported all 
or a part of the rule. One Federal agency indicated they had no 
objection to the framework action or the rule. The

[[Page 33260]]

remaining comments opposed the rule. The comments specific to this 
framework action or proposed rule are grouped into 7 topics. These 
topics and NMFS' respective responses are summarized below.
    Comment 1: Alternative gag recreational seasons, beyond the 
proposed season from July 1 until the ACT is projected to be reached, 
should be considered. A part of this consideration should be to ensure 
the season coincides with seasons for other important reef fish species 
like red snapper and greater amberjack.
    Response: The Council considered several gag season alternatives in 
the framework action including split seasons and those based on 
matching the gag season with the seasons of other reef fish. However, 
the Council selected a single gag season beginning July 1 and ending 
when the ACT is projected to be reached (December 3, 2013) because this 
season is estimated to achieve the longest fishing season consistent 
with the harvest reductions outlined in the 10-year gag rebuilding 
plan. Other seasons considered by the Council tended to occur when gag 
harvest rates were higher and reduced the total season length by more 
than 30 to 60 days. The Council concluded the greatest benefits to the 
recreational sector would be achieved with a longer gag season.
    Comment 2: The assumptions used to determine the 2013 gag season 
dates and lengths are overly optimistic and will likely result in ACLs 
being exceeded.
    Response: NMFS disagrees that the assumptions used were overly 
optimistic and would likely result in ACLs being exceeded. The 2013 gag 
season length is projected based on landings data to best reflect 
current fishing conditions. The projection model, as described in 
Appendix D of the framework action, estimates the closure date by 
assessing total removals (i.e., landed and discarded dead fish). This 
model was used to establish the October 31 closure date for the 2012 
fishing season and preliminary recreational landings data for 2012 
estimate only 72 percent of the ACL was caught, suggesting the model is 
not likely to overestimate the season length. The projections are also 
based on harvesting the ACT [1.287 million lb (0.584 million kg), 
gutted weight], which is more conservative than the ACL (1.495 million 
lb, or 0.678 million kg, gutted weight). In addition, landings will be 
monitored during the fishing year, and if these data indicate the ACL 
would be met prior to the season closure date, recreational gag fishing 
will be closed when the ACL is projected to be reached.
    Comment 3: The level of harvest used to derive the season length 
does not match on-the-water observations of gag abundance. In addition, 
fishing effort is likely down with the current level of fuel prices, 
which would support a longer season.
    Response: The Council did not consider and this rule does not 
address changes to the harvest limits established in Amendment 32 to 
the FMP (77 FR 6988, February 10, 2012). To project the gag season 
length, a projection model (Appendix D of the framework action) was 
developed by NMFS and reviewed by the Council's Science and Statistical 
Committee. The model uses Southeast Fisheries Science Center's ACL 
database and is based on current levels of fishing effort by using 
actual landings information to estimate 2013 fishing effort.
    Comment 4: Changes to the SWG spawning closure should be rejected 
until NMFS and the Council evaluate the likely biological consequences 
for gag and other SWG stocks by removing the spawning closure.
    Response: NMFS disagrees that the change to the SWG spawning 
closure should be rejected and that additional evaluation of the 
biological consequences of the change is necessary. The Council 
considered the stock status of gag and other SWG species, as well as 
the biological consequences for these species, when evaluating the 
impacts of modifying the SWG seasonal spawning closure. The Council 
determined that this modification would continue to protect spawning 
aggregations of gag and other grouper species such as red grouper and 
scamp because these species spawn primarily in waters deeper than 20 
fathoms. During the offshore February and March seasonal closure, 
fishing effort for SWG may increase shoreward of 20 fathoms. However, 
the harvest of SWG species is regulated with bag limits, size limits, 
and the use of ACTs, ACLs, and accountability measures (AMs), which are 
designed to protect SWG stocks from overfishing and help achieve OY.
    Comment 5: Closing waters seaward of 20 fathoms in February and 
March will be more difficult to enforce than the current February and 
March closure of all Gulf waters. There is no way to determine where a 
fish was caught after a vessel reaches the shore.
    Response: NMFS agrees that a seasonal-area closure can be more 
difficult to enforce than a traditional Gulf-wide seasonal closure, 
which can be enforced dockside. However, the Council determined that 
enforcement concerns were outweighed by the benefits of opening waters 
shoreward of 20 fathoms to SWG harvest (with the exception of gag, 
which does not open until July 1 each year), which will allow for-hire 
businesses to book grouper fishing trips and private anglers to keep 
grouper they catch when fishing shoreward of 20 fathoms during February 
and March.
    Comment 6: To protect SWG stocks, there should be no fishing during 
the spawning periods.
    Response: NMFS disagrees that a prohibition on all fishing during 
spawning is required to protected SWG stocks. The proposed seasonal-
area closure is expected to afford protection to all of the SWG 
species. The closure covers some part of peak spawning for each of 
these species, except yellowmouth grouper, and provides protection for 
all spawning during February and March in waters deeper than 20 
fathoms, which is where most of the spawning occurs. The Council 
determined, and NMFS agrees, that limiting the seasonal closure to 
waters deeper than 20 fathoms will continue to provide sufficient 
protection for SWG spawning while reducing socio-economic impacts on 
the recreational sector.
    Comment 7: Private anglers should have a year-round season and more 
restrictions should be added to the for-hire and commercial sectors.
    Response: The Council did not consider and this rule does not 
address regulatory changes to the commercial sector or restrictions 
that would apply only to the for-hire component of the recreational 
sector. A year-round recreational season for SWG species, other than 
gag, is possible shoreward of 20 fathoms as long as the AMs for these 
SWG species do not require a closure. For gag, the harvest levels under 
the rebuilding plan do not allow for a year-round recreational harvest.

Changes From the Proposed Rule

    On April 17, 2013, NMFS published in the Federal Register an 
interim final rule to reorganize the regulations in 50 CFR part 622 for 
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950). 
That interim final rule did not create any new rights or obligations 
for the regulated entities. Rather, the rule merely reorganized the 
existing regulatory requirements in the Code of Federal Regulations 
into a new format. This final rule incorporates this new format into 
the regulatory text; it does not change the specific regulatory 
requirements that were contained in the proposed rule. Therefore, as a 
result of

[[Page 33261]]

this reorganization, the seasonal closure text previously located at 
Sec.  622.34(u) is now at Sec.  622.34(d) and the text previously 
located at Sec.  622.34(v) is now at Sec.  622.34(e).
    The proposed rule included the term ``regulatory amendment'' to 
describe the document developed by the Council to implement the 
management measures contained in this final rule. However, NMFS has 
determined that it is more specific to use the term ``framework 
action'' to describe this document because the management measures 
contained in this final rule may be implemented through the Gulf reef 
fish framework procedures as defined in Amendment 38 to the FMP (78 FR 
6218, January 30, 2013); therefore NMFS uses this term throughout this 
final rule.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that the actions contained in this final rule and framework action are 
necessary for the conservation and management of the reef fish fishery 
and are 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 this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. No changes to the 
final rule were made in response to public comments. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Recreational sector, Gag, 
Shallow-water grouper.

    Dated: May 30, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
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.  622.34, paragraphs (d) and (e) are revised to read as 
follows:


Sec.  622.34  Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (d) Seasonal closure of the recreational sector for shallow-water 
grouper (SWG). The recreational sector for SWG, in or from the Gulf 
EEZ, is closed each year from February 1 through March 31, in the 
portion of the Gulf EEZ seaward of rhumb lines connecting, in order, 
the points in the following table. During the closure, the bag and 
possession limit for SWG in or from the Gulf EEZ seaward of the 
following rhumb lines is zero.

------------------------------------------------------------------------
             Point                  North latitude       West longitude
------------------------------------------------------------------------
1.............................  24[deg]48.0'           82[deg]48.0'
2.............................  25[deg]07.5'           82[deg]34.0'
3.............................  26[deg]26.0'           82[deg]59.0'
4.............................  27[deg]30.0'           83[deg]21.5'
5.............................  28[deg]10.0'           83[deg]45.0'
6.............................  28[deg]11.0'           84[deg]00.0'
7.............................  28[deg]11.0'           84[deg]07.0'
8.............................  28[deg]26.6'           84[deg]24.8'
9.............................  28[deg]42.5'           84[deg]24.8'
10............................  29[deg]05.0'           84[deg]47.0'
11............................  29[deg]02.5'           85[deg]09.0'
12............................  29[deg]21.0'           85[deg]30.0'
13............................  29[deg]27.9'           85[deg]51.7'
14............................  29[deg]45.8'           85[deg]51.0'
15............................  30[deg]05.6'           86[deg]18.5'
16............................  30[deg]07.5'           86[deg]56.5'
17............................  29[deg]43.9'           87[deg]33.8'
18............................  29[deg]43.0'           88[deg]18.5'
19............................  At State/EEZ line,     88[deg]56.0'
                                 follow State/EEZ
                                 line to point 20
20............................  At State/EEZ line      89[deg]28.4'
21............................  29[deg]02.0'           89[deg]45.5'
22............................  28[deg]32.7'           90[deg]21.5'
23............................  28[deg]24.8'           90[deg]52.7'
24............................  28[deg]42.3'           92[deg]14.4'
25............................  28[deg]34.2'           92[deg]30.4'
26............................  28[deg]27.6'           95[deg]00.0'
27............................  28[deg]20.0'           95[deg]06.9'
28............................  28[deg]02.2'           96[deg]11.1'
29............................  27[deg]46.5'           96[deg]38.1'
30............................  27[deg]15.0'           97[deg]00.0'
31............................  26[deg]45.5'           97[deg]01.4'
32............................  At EEZ                 96[deg]51.0'
------------------------------------------------------------------------

    (e) Seasonal closure of the recreational sector for gag.
    The recreational sector for gag, in or from the Gulf EEZ, is closed 
from January 1 through June 30 and December 3 through December 31, each 
year. During the closure, the bag and possession limit for gag in or 
from the Gulf EEZ is zero.

[FR Doc. 2013-13198 Filed 6-3-13; 8:45 am]
BILLING CODE 3510-22-P