[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32878-32880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13257]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403322-4454-02]
RIN 0648-BD08


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery Off the Atlantic States; Amendment 5

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 5 to the 
Fishery Management Plan for the Dolphin and Wahoo Fishery off the 
Atlantic States (FMP) (Amendment 5), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). This rule revises 
the annual catch limits (ACLs) and accountability measures (AMs) for 
the commercial and recreational sectors of dolphin and wahoo, and 
updates the framework procedures for the FMP. In addition, Amendment 5 
revises the acceptable biological catch (ABC) values and recreational 
annual catch targets (ACTs) for dolphin and wahoo. The purpose of 
Amendment 5 and this rule is to help achieve optimum yield (OY) within 
the dolphin and wahoo fishery, and to minimize any negative socio-
economic impacts to the affected fishing participants, to the extent 
practicable, in accordance with the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: This rule is effective July 9, 2014.

ADDRESSES: Electronic copies of Amendment 5, 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/sustainable_fisheries/s_atl/dw/2013/am5/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery of the 
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 Act.
    On February 28, 2014, NMFS published a notice of availability for 
Amendment 5 and requested public comment (79 FR 11383). On March 14, 
2014, NMFS published a proposed rule for Amendment 5 and requested 
public comment (79 FR 14466). NMFS approved Amendment 5 on May 23, 
2014. The proposed rule and Amendment 5 outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by Amendment 5 and this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs and 
AMs for dolphin and wahoo, and updates the framework procedures for the 
FMP. The purpose of this rule is to help achieve OY for dolphin and 
wahoo and minimize any potential negative socio-economic impacts to the 
affected fishing participants, to the extent practicable, in accordance 
with the requirements of the Magnuson-Stevens Act. All weights in this 
final rule are given in round weight.

Dolphin Commercial and Recreational ACLs

    This final rule revises the dolphin commercial and recreational 
ACLs. The dolphin commercial ACL increases from 1,065,524 lb (483,314 
kg) to 1,157,001 lb (524,807 kg). The dolphin recreational ACL 
increases from 13,530,692 lb (6,137,419 kg) to 14,187,845 lb (6,435,498 
kg). The effects of the increases in the ACLs for dolphin are expected 
to be negligible to the stock and the human environment.

Wahoo Commercial and Recreational ACLs

    This final rule revises the wahoo commercial and recreational ACLs. 
The wahoo commercial ACL increases from 64,147 lb (29,097 kg) to 70,542 
lb (31,997 kg). The wahoo recreational ACL increases from 1,427,638 lb 
(647,566 kg) to 1,724,418 lb (782,183 kg). The effects of the increases 
in ACLs for wahoo are also expected to be negligible to the stock and 
the human environment.

Dolphin and Wahoo Commercial AMs

    The current commercial AMs for dolphin and wahoo close the 
commercial sector for the respective species for the remainder of the 
fishing year, if commercial landings as estimated by the Science and 
Research Director (SRD) reach, or are projected to reach, the 
commercial ACL (in-season closure).
    These in-season AMs will not change; however, this final rule also 
provides that if the commercial ACL is exceeded in a fishing year, then 
the commercial ACL for the respective species in the following fishing 
year will be reduced by the amount of the commercial ACL overage in the 
prior year. However, the commercial ACL overage adjustment would only 
be applied if the species is overfished and the total ACL (combined 
commercial and recreational ACLs) is exceeded. The Council determined 
the commercial ACL overage adjustment (payback), combined with the in-
season AM closure, would offer greater protection to the stocks and 
provides the best management strategy for the commercial sector based 
on the biology and recent catch levels of dolphin and wahoo.

Dolphin and Wahoo Recreational AMs

    The current recreational AMs for dolphin and wahoo provide that if 
recreational landings, 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 NMFS Southeast Regional Administrator (RA) shall publish a notice 
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. However, the length of 
the recreational season will not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    This final rule modifies these recreational AMs to reduce the 
length of the fishing season as well as the recreational ACL in the 
fishing year following any recreational ACL overage, if the stock is 
overfished and the total ACL (commercial and recreational ACLs 
combined) is exceeded. However, the recreational ACL overage adjustment 
and fishing season reduction would not be applied if the RA determines, 
using the best scientific information available, that such a reduction 
is unnecessary. The ability to reduce the recreational

[[Page 32879]]

ACL when an overage of the respective ACL occurs provides additional 
protection to the dolphin and wahoo stocks. The Council determined that 
this set of AMs best meets the objectives of the FMP, while complying 
with the requirements of the Magnuson-Stevens Act.

Dolphin and Wahoo FMP Framework Procedures

    This final rule adds to the regulatory amendment process changes to 
the ABC control rule, ACLs, ACTs, and AMs, as management measures that 
can be revised via the framework procedures of the FMP. Additionally, 
this rule allows an ABC, ACL, and ACT to be modified using an 
abbreviated framework procedure, whereby after the Council has taken 
final action to change an ABC, ACL, and/or ACT, the Council would 
submit a document to the RA containing an analysis of the relevant 
biological, economic, social, and administrative information necessary 
to support the action. If, based on the information provided by the 
Council, the RA determines the modifications are warranted, NMFS would 
develop the appropriate documentation to comply with the National 
Environmental Policy Act and other applicable law, and propose the 
action through rulemaking. NMFS anticipates this expedited process will 
shorten the time it would take to make routine changes to harvest 
limits in response to new scientific information, while allowing the 
public adequate time to comment on any change.

Additional Measures Contained in Amendment 5

    In addition to the measures contained in this final rule, Amendment 
5 revises the ABCs and recreational ACTs for dolphin and wahoo. 
Amendment 5 increases the ABC for dolphin from 14,596,216 lb (6,620,732 
kg) to 15,344,846 lb (6,960,305 kg). The ABC for wahoo increases from 
1,491,785 lb (676,662 kg) to 1,794,960 lb (814,180 kg). Amendment 5 
also increases the current dolphin recreational ACT of 11,595,803 lb 
(5,259,768 kg) to 12,769,061 (5,791,949 kg) and the current wahoo 
recreational ACT of 1,164,953 lb (528,414 kg) to 1,258,825 lb (570,993 
kg). All of these increases are based on the best scientific 
information available about these species, and reflect the most recent 
and accurate catch estimates.

Comments and Responses

    A total of four comments were received on Amendment 5 and the 
proposed rule from an individual, a commercial fishing association, and 
a Federal agency. The Federal agency submission stated that they had no 
comment on the proposed rule or Amendment 5. In two comment 
submissions, the commercial fishing association expressed support for 
the actions to increase the dolphin and wahoo commercial ACLs, the 
revisions to the AMs for both species, and the revisions to the 
framework procedures. An individual submitted a comment critical of the 
actions contained in Amendment 5 and the proposed rule; NMFS' response 
is summarized below.
    Comment: NMFS should not increase the dolphin and wahoo 
recreational ACLs because of uncertainty associated with recreational 
landings data.
    Response: NMFS disagrees that the recreational ACLs should not be 
changed for dolphin and wahoo. Recreational ACLs for dolphin and wahoo 
were established in the Comprehensive ACL Amendment (77 FR 15916, March 
16, 2012), using data generated by the Marine Recreational Fisheries 
Statistics Survey (MRFSS), which was the best scientific information 
available at that time. In 2013, following an independent review by the 
National Research Council and as directed by Congress within the 
Magnuson-Stevens Act, NMFS replaced MRFSS with the Marine Recreational 
Information Program (MRIP) to provide more accurate recreational catch 
estimates. MRIP is expected to reduce potential bias and increase the 
accuracy, timeliness, and spatial resolution of recreational catch and 
effort estimates. In Amendment 5, MRIP methods have been used to 
recalculate previous MRFSS estimates dating back to 1986, and are the 
basis for all new ACL estimates.
    The recreational ACL revisions are necessary because if the ABC, 
ACL, and ACT values for dolphin and wahoo are not updated with the new 
MRIP estimates, then the ACLs would be based on MRFSS data while the 
landings being used to track the ACLs would be estimated using MRIP 
data. That would result in an inconsistency in how ACLs are calculated 
versus how they are monitored. In addition to using MRIP data, the 
dolphin and wahoo ACLs are being updated to include revisions to 
commercial and for-hire landings data. Revising the ACLs using MRIP 
values to estimate recreational landings, as well as updates to 
headboat and commercial landings, represent the best scientific 
information available in accordance with National Standard 2 of the 
Magnuson-Stevens Act.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of Atlantic dolphin and wahoo and is consistent with Amendment 5, the 
FMP, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, recordkeeping, or other 
compliance requirements are introduced by this final rule.
    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 rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination 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. As a result, a final 
regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Atlantic Dolphin, Fisheries, Fishing, Wahoo.

    Dated: June 3, 2014.
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 amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. Section 622.280 is revised to read as follows:


Sec.  622.280  Annual catch limits (ACLs) and accountability measures 
(AMs).

    (a) Atlantic dolphin--(1) Commercial sector. (i) If commercial 
landings for Atlantic dolphin, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 1,157,001 lb (524,807 kg), 
round weight, the AA will

[[Page 32880]]

file a notification with the Office of the Federal Register to close 
the commercial sector for the remainder of the fishing year. On and 
after the effective date of such a notification, all sale or purchase 
of Atlantic dolphin is prohibited and harvest or possession of this 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limit. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for Atlantic dolphin and wahoo has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters.
    (ii) In addition to the measures specified in paragraph (a)(1)(i) 
of this section, if the combined Atlantic dolphin commercial and 
recreational landings exceed the combined commercial and recreational 
ACLs specified in paragraphs (a)(1)(i) and (a)(2)(i) of this section, 
and Atlantic dolphin are overfished, based on the most recent Status of 
U.S. Fisheries Report to Congress, the AA will file a notification with 
the Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the commercial ACL for that following 
year by the amount of the commercial overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for Atlantic 
dolphin, as estimated by the SRD, exceed the recreational ACL of 
14,187,845 lb (6,435,498 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings.
    (ii) If the combined Atlantic dolphin commercial and recreational 
landings exceed the combined commercial and recreational ACLs specified 
in paragraphs (a)(1)(i) and (a)(2)(i) of this section, and Atlantic 
dolphin are overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the recreational ACL for that 
following year by the amount of the recreational overage in the prior 
fishing year, and reduce the recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the reduced 
ACL. However, the recreational ACL and the length of the recreational 
fishing season will not be reduced during the following fishing year if 
the RA determines, using the best scientific information available, 
that a reduced recreational ACL and a reduction in the length of the 
following fishing season is unnecessary.
    (b) Atlantic wahoo--(1) Commercial sector. (i) If commercial 
landings for Atlantic wahoo, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 70,542 lb (31,997 kg), round 
weight, 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. On and after the effective date of such a notification, 
all sale or purchase of Atlantic wahoo is prohibited and harvest or 
possession of this species in or from the South Atlantic EEZ is limited 
to the bag and possession limit. This bag and possession limit applies 
in the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for Atlantic dolphin and 
wahoo has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters.
    (ii) In addition to the measures specified in paragraph (b)(1)(i) 
of this section, if the combined Atlantic wahoo commercial and 
recreational landings exceed the combined commercial and recreational 
ACLs specified in paragraphs (b)(1)(i) and (b)(2)(i) of this section, 
and Atlantic wahoo are overfished, based on the most recent Status of 
U.S. Fisheries Report to Congress, the AA will file a notification with 
the Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the commercial ACL for that following 
year by the amount of the commercial overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for Atlantic 
wahoo, as estimated by the SRD, exceed the recreational ACL of 
1,724,418 lb (782,183 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings.
    (ii) If the combined Atlantic wahoo commercial and recreational 
landings exceed the combined commercial and recreational ACLs specified 
in paragraphs (b)(1)(i) and (b)(2)(i) of this section, and Atlantic 
wahoo are overfished, based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to reduce the recreational ACL for that following year by the 
amount necessary to ensure recreational landings do not exceed the 
reduced ACL. However, the recreational ACL and the length of the 
recreational fishing season will not be reduced during the following 
year if the RA determines, using the best scientific information 
available, that a reduced recreational ACL and a reduction in the 
length of the following fishing season is unnecessary.

0
3. In Sec.  622.281, paragraph (a) is revised to read as follows:


Sec.  622.281  Adjustment of management measures.

* * * * *
    (a) Atlantic dolphin and wahoo. Biomass levels, age-structured 
analyses, MSY, OY, OFL, TAC, ABC, ABC Control Rule, ACLs, ACTs, AMs, 
trip limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, overfishing definitions and other status determination 
criteria, time frame for recovery of Atlantic dolphin or wahoo if 
overfished, fishing year (adjustment not to exceed 2 months), authority 
for the RA to close a fishery when a quota is reached or is projected 
to be reached or reopen a fishery when additional quota becomes 
available, definitions of essential fish habitat, and essential fish 
habitat HAPCs or Coral HAPCs.
* * * * *
[FR Doc. 2014-13257 Filed 6-6-14; 8:45 am]
BILLING CODE 3510-22-P