[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Proposed Rules]
[Pages 44735-44736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140214139-4139-01]
RIN 0648-BD91


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic 
Region; Regulatory Amendment 21

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

ACTION: Proposed changes to management measures; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Regulatory Amendment 21 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) (Regulatory 
Amendment 21), as prepared and submitted by the South Atlantic Fishery 
Management Council (Council). If implemented, Regulatory Amendment 21 
would modify the definition of the overfished threshold for red 
snapper, blueline tilefish, gag, black grouper, yellowtail snapper, 
vermilion snapper, red porgy, and greater amberjack. The purpose of 
Regulatory Amendment 21 is to prevent snapper-grouper stocks with low 
natural mortality rates from frequently alternating between overfished 
and rebuilt conditions due to natural variation in recruitment and 
other environmental factors.

DATES: Written comments must be received on or before September 2, 
2014.

ADDRESSES: You may submit comments on the proposed changes to 
management measures, identified by ``NOAA-NMFS-2014-0039,'' by any of 
the following methods:
     Electronic Submission: Submit all electronic public 
comments via the

[[Page 44736]]

Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0039, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Kate Michie, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Regulatory Amendment 21, which includes an 
environmental assessment and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic Region is managed under the FMP. The FMP was prepared by the 
Council and 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 that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that 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.

Management Measures Contained in Regulatory Amendment 21

    Regulatory Amendment 21 would redefine the overfished threshold for 
red snapper, blueline tilefish, gag, black grouper, yellowtail snapper, 
vermilion snapper, red porgy, and greater amberjack as 75 percent of 
spawning stock biomass at maximum sustainable yield 
(SSBMSY). The minimum stock size threshold (MSST) is used to 
determine if a species is overfished. The MSST for the species in this 
amendment is a function of the natural mortality rate (M) where MSST = 
1-M *SSBMSY (spawning stock biomass of the stock when it is 
rebuilt). When the natural mortality rate is small (less than 0.25), as 
is the case for these species, there is little difference between the 
current threshold for determining when a stock is overfished (MSST) and 
when the stock is rebuilt (SSBMSY). Thus, for species like 
these which have a low rate of natural mortality, even small 
fluctuations in biomass due to natural conditions rather than fishing 
mortality may cause a stock to be classified as overfished. When a 
species is identified as overfished, the Magnuson-Stevens Act requires 
that a plan be implemented to rebuild the stock.
    Based on the current definition of MSST, these species could 
unnecessarily be classified as overfished. An overfished determination 
could result in lost fishing opportunities for these species if more 
stringent harvest restrictions were to be implemented. Regulatory 
Amendment 21 would redefine MSST for these species as 75 percent of 
SSBMSY, which would help prevent overfished designations 
when small drops in biomass are due to natural variation in recruitment 
or other environmental variables such as storms, and extreme water 
temperatures, and ensure that rebuilding plans are applied to stocks 
when truly appropriate.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that Regulatory Amendment 
21, the FMP, the Magnuson-Stevens Act and other applicable law, subject 
to further consideration after public comment.
    The proposed changes to the management measures have 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 (SBA) that this proposed 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:
    The proposed changes to management measures would directly apply to 
businesses in the finfish fishing industry (NAICS 114111) that 
participate in the South Atlantic snapper-grouper fishery. According to 
Small Business Act Size Standards, a business in the finfish fishing 
industry is small if its annual receipts are less than $20.5 million. 
SBA adjusted the size standard for finfish fishing (NAICS 114111) from 
$19 million to $20.5 million to account for inflation and the adjusted 
size standard went into effect on July 14, 2014.
    Every commercial fishing vessel in the snapper-grouper fishery must 
have a valid South Atlantic commercial snapper-grouper permit, which is 
a limited access permit for either an unlimited quantity of pounds per 
trip (a South Atlantic Snapper-Grouper Unlimited Permit) or up to 225 
lb (102.1 kg) per trip (a 225-lb (102.1-kg) trip-limited permit). As of 
March 28, 2014, there were 542 valid South Atlantic Snapper-Grouper 
Unlimited Permits and 112 valid 225-lb (102.1-kg) trip-limited permits. 
It is from those permit figures that up to 542 small businesses with 
South Atlantic Snapper-Grouper Unlimited Permits and up to 112 small 
businesses with 225-lb (102.1-kg) trip-limited permits could be 
affected by the proposed changes.
    These proposed changes to management measures would not impose 
additional reporting, record-keeping requirements, or other regulatory 
requirements on small businesses. The proposed changes would solely 
redefine the overfished threshold for eight stocks, and there would be 
no changes to current regulations that manage those stocks. 
Consequently, there would be no direct economic impact on small 
businesses. However, the proposed changes would reduce the likelihood 
of future adverse, possibly significant, economic impacts on a 
substantial number of small businesses caused by unnecessary regulatory 
actions that reduce small businesses' annual landings of and revenues 
from those eight stocks.

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

    Dated: July 28, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-18092 Filed 7-31-14; 8:45 am]
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