[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Proposed Rules]
[Pages 59204-59206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23246]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140828724-4724-01]
RIN 0648-BE23


Framework Action To Modify the Commercial Annual Catch Limit/
Annual Catch Target Regulations for Three Individual Fishing Quota 
Species Complexes

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 proposes regulations to implement a framework action to 
the Fishery Management Plan (FMP) for the Reef Fish Resources of the 
Gulf of Mexico (Gulf) (Reef Fish FMP) to modify the commercial annual 
catch limit (ACL) and annual catch target (ACT) regulations for three 
individual fishing quota (IFQ) program species complexes in the Gulf, 
as prepared by the Gulf of Mexico Fishery Management Council (Council). 
If implemented, this rule would clarify that the established commercial 
quotas are equal to the commercial ACTs and would add commercial ACLs 
to the regulations for three IFQ species complexes: Other shallow-water 
grouper (Other SWG), deep-water grouper (DWG), and tilefishes. The 
purpose of this rule is to help achieve optimum yield for IFQ species 
in the Gulf, while preventing overfishing, in accordance with National 
Standard 1 of the Magnuson-Stevens Fishery Conservation and

[[Page 59205]]

Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received on or before October 16, 2014.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0091'', by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0091, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rich Malinowski, 
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 the framework action, which includes a 
regulatory impact review and a Regulatory Flexibility Act analysis, may 
be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional 
Office, telephone: 727-824-5305.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the fisheries 
for Gulf Reef Fish Resources, which includes the complexes for Other 
SWG, DWG, and tilefishes, under the Reef Fish FMP. Other SWG includes 
black grouper, scamp, yellowmouth grouper, yellowfin grouper; DWG 
includes warsaw grouper, snowy grouper, speckled hind, yellowedge 
grouper; and tilefishes include golden tilefish, blueline tilefish, and 
goldface tilefish. The Reef Fish FMP is implemented under the authority 
of the Magnuson-Stevens Act by regulations at 50 CFR part 622. All 
weights specified in this rule are in gutted weight.
    The framework action and this proposed rule would identify the 
commercial quotas for the Other SWG, DWG, and tilefishes complexes as 
equal to the commercial ACTs that were specified in the Generic Annual 
Catch Limit/Accountability Measures Amendment (Generic ACL Amendment) 
and add commercial ACLs to the regulations for these same three 
complexes. Currently, the regulations at 50 CFR 622.41, paragraphs 
(c)(1), (f)(1), and (g)(1), misidentify the commercial quotas for these 
three IFQ species complexes, which are codified at 50 CFR 622.39, as 
ACLs. The commercial quotas are actually equal to the ACTs. In June 
2014, the Council took action to clarify that the quotas should remain 
equal to the ACTs. Therefore, this rulemaking proposes modifying the 
language in the regulations to identify the established quotas as ACTs, 
and to add the ACLs specified by the Generic ACL Amendment.
    Specifically, this proposed rule would maintain the current quota 
values for these three IFQ species complexes in 50 CFR 622.39, 
``Quotas'', and would remove the outdated quotas for 2012 and 2013 that 
are specified in this section. This proposed rule would also establish 
that the commercial quotas are equal to the commercial ACTs (instead of 
the ACLs) in 50 CFR 622.41, ``Annual catch limits (ACLs), annual catch 
targets (ACTs), and accountability measures (AMs)'', and add the 
commercial ACLs to 50 CFR 622.41.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the Magnuson-Stevens 
Act, the Assistant Administrator for Fisheries, NOAA, has determined 
that this proposed rule is consistent with the framework action, the 
FMP, 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.
    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 certification is as follows.
    This proposed rule would modify commercial ACL and ACT regulations 
for the DWG, Other SWG, and tilefishes, which are IFQ program species 
complexes in the Gulf. If implemented, the rule would clarify that the 
established commercial quotas are equal to the commercial ACTs and 
would add commercial ACLs to the regulations for the three species 
complexes. This clarification would not change the current commercial 
quotas and would therefore not affect current levels of landings.
    An estimated 525 firms in the finfish fishing industry (NAICS 
114111) own/operate vessels that may harvest species within three 
complexes. According to SBA Size Standards, a business in the finfish 
fishing industry (NAICS 114111) is a small business if its annual 
receipts are less than $20.5 million. It is expected that a substantial 
number of these firms may be small businesses.
    The Generic ACL Amendment specified the commercial ACLs and quotas 
(ACTs) for the three species complexes; however, these ACLs are not 
specified in current regulations. According to the Generic ACL 
Amendment, the current (2014) commercial ACLs for the DWG, Other SWG, 
and tilefishes are 1.160 million lb (0.526 million kg), 545,000 lb 
(247,208 kg), and 606,000 lb (274,877 kg), respectively. According to 
current regulations, however, the 2014 commercial quotas and commercial 
ACLs for the DWG, Other SWG, and tilefishes complexes are 1.110 million 
lb (0.503 million kg), 523,000 lb (237,229 kg), and 582,000 lb (263,991 
kg), respectively. The current regulations that implemented the Generic 
ACL Amendment misidentify the commercial ACLs as equal to the 
commercial quotas. After clarifying its intent, the Council voted to 
identify the commercial quotas as equal to the commercial ACTs and 
include the commercial ACLs from the Generic ACL Amendment in the 
regulations. The proposed rule would identify the commercial ACTs as 
equal to the commercial quotas and would specify the commercial ACLs in 
the regulations from the Generic ACL Amendment.
    Annual commercial landings of the DWG, Other SWG, and tilefishes 
complexes would not be affected by this proposed rule because there 
would be no change in commercial quotas. Therefore, it is concluded 
that the proposed rule would not have a significant economic impact on 
a substantial number of small entities.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Individual fishing quota.


[[Page 59206]]


    Dated: September 22, 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 
proposed to be 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. In Sec.  622.39, paragraphs (a)(1)(ii) and (a)(1)(iii)(A) are 
revised to read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Deep-water groupers (DWG) have a combined quota, as specified 
in paragraphs (a)(1)(ii)(A) through (C) of this section. These quotas 
are specified in gutted weight, that is eviscerated, but otherwise 
whole.
    (A) For fishing year 2014--1.110 million lb (0.503 million kg).
    (B) For fishing year 2015--1.101 million lb (0.499 million kg).
    (C) For fishing year 2016 and subsequent fishing years--1.024 
million lb (0.464 million kg).
    (iii) * * *
    (A) Other SWG combined. (1) For fishing year 2014--523,000 lb 
(237,229 kg).
    (2) For fishing year 2015 and subsequent fishing years--525,000 lb 
(238,136 kg).
* * * * *
0
3. In Sec.  622.41, paragraphs (c)(1), (f)(1), and (g)(1) are revised 
to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (c) * * *
    (1) Commercial sector. The IFQ program for groupers and tilefishes 
in the Gulf of Mexico serves as the accountability measure for 
commercial Other SWG. The commercial ACT for Other SWG is equal to the 
applicable quota specified in Sec.  622.39(a)(1)(iii)(A). The 
commercial ACL for Other SWG, in gutted weight, is 545,000 lb (247,208 
kg) for 2014, and 547,000 lb (248,115 kg) for 2015 and subsequent 
fishing years.
* * * * *
    (f) * * *
    (1) Commercial sector. The IFQ program for groupers and tilefishes 
in the Gulf of Mexico serves as the accountability measure for 
commercial DWG. The commercial ACT for DWG is equal to the applicable 
quota specified in Sec.  622.39(a)(1)(ii). The commercial ACL for DWG, 
in gutted weight, is 1.160 million lb (0.526 million kg) for 2014, 
1.150 million lb (0.522 million kg) for 2015, and 1.070 million lb 
(0.485 million kg) for 2016 and subsequent fishing years.
* * * * *
    (g) * * *
    (1) Commercial sector. The IFQ program for groupers and tilefishes 
in the Gulf of Mexico serves as the accountability measure for 
commercial tilefishes. The commercial ACT for tilefishes is equal to 
the quota specified in Sec.  622.39(a)(1)(iv). The commercial ACL for 
tilefishes, in gutted weight, is 606,000 lb (274,877 kg).
* * * * *
[FR Doc. 2014-23246 Filed 9-30-14; 8:45 am]
BILLING CODE 3510-22-P