[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Proposed Rules]
[Pages 69819-69821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27740]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BE55


Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 29

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

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 29 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. Amendment 29 proposes actions to 
update the Council's acceptable biological catch (ABC) control rule to 
incorporate methodology for determining the ABC of unassessed species; 
adjust ABCs for 14 unassessed snapper-grouper species through 
application of the updated ABC control rule; adjust annual catch limits 
(ACLs) and recreational annual catch targets (ACTs)for four snapper-
grouper species and three species complexes based on revised ABCs; and 
revise management measures for gray triggerfish to modify minimum size 
limits, establish a commercial split season, and specify a commercial 
trip limit.

DATES: Written comments must be received on or before January 23, 2015.

[[Page 69820]]


ADDRESSES: You may submit comments on Amendment 29 identified by 
``NOAA-NMFS-2014-0132'' by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2014-0132, click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, 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 Amendment 29 may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. 
Amendment 29 includes a draft environmental assessment, a Regulatory 
Flexibility Act analysis, a Regulatory Impact Review, and a Fishery 
Impact Statement.

FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305; 
email: [email protected].

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit any FMP or amendment to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish an announcement in the Federal Register notifying 
the public that the plan or amendment is available for review and 
comment.
    The FMP being revised by Amendment 29 was prepared by the Councils 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    The Council's Scientific and Statistical Committee (SSC) has 
recommended an update of the Council's ABC control rule to incorporate 
new methodology for species without assessments but for which there are 
reliable catch data. Amendment 29 updates the ABC control rule and 
includes revised ABCs for 14 unassessed snapper-grouper species based 
on the new control rule. Amendment 29 also includes revisions to ACLs 
and recreational annual catch targets (ACTs) for four species and three 
species complexes based on the revised ABCs. These actions are based on 
the best scientific information available.
    A stock assessment for the South Atlantic stock of gray triggerfish 
was initiated in 2013 but completion of the assessment has been 
postponed to 2015. Meanwhile, fishermen have approached the Council 
with requests for management measures due to concerns about early 
closures in the commercial sector and the stock status of gray 
triggerfish. While the Council had intended to wait for the results of 
the stock assessment to make changes to management measures for this 
stock, the unforeseen delays in the assessment prompted the Council to 
be proactive and consider actions in Amendment 29. These actions 
include modifying minimum size limits for gray triggerfish, 
establishing a commercial split season, and specifying a commercial 
trip limit for gray triggerfish.

Actions Contained in Amendment 29

    Amendment 29 includes actions to revise ACLs for three species 
complexes and four snapper-grouper species based on the revised ABC 
values. In addition, Amendment 29 includes actions to revise management 
measures for gray triggerfish in Federal waters of the South Atlantic 
region.

Amendment 29 to Update the ABC Control Rule

    Amendment 29 modifies the ABC control rule to use the Only Reliable 
Catch Stocks (ORCS) approach, recommended by the Council's SSC, to 
calculate ABC values for unassessed stocks for which there is only 
reliable catch information available. The approach involved selection 
of a ``catch statistic'' based on the maximum landings from 1999-2007, 
similar to the period of landings used in the Council's Comprehensive 
ACL Amendment, and to minimize the impact of a decrease in landings 
that may have been caused by the economic downturn and the effect of 
recent regulations. The catch statistic was then multiplied by a scalar 
(number) ranging from 1.25 to 2, based on SSC consensus and expert 
judgment, to denote the stock's risk of overexploitation (how likely 
the stock is to become overfished), and a scalar ranging from 0.50 to 
0.90 to denote the stock's management risk level. The SSC provided the 
first two criteria for each stock at issue and the Council developed 
the risk tolerance level. The amendment employed the ORCS approach to 
revise ABC values for the following unassessed snapper-grouper species: 
Bar jack, margate, red hind, cubera snapper, yellowedge grouper, silk 
snapper, Atlantic spadefish, gray snapper, lane snapper, rock hind, 
tomtate, white grunt, scamp, and gray triggerfish.

Revise ACLs for Select Species

    Amendment 29 would revise the ACLs and recreational ACTs for three 
species and four species complexes of unassessed snapper-grouper 
species, based on the revised ABC values. In Amendment 29, the Council 
defines ACL = OY = ABC for the snappers complex, grunts complex, 
shallow-water complex, bar jack, Atlantic spadefish and gray 
triggerfish. For scamp, the Council chose to revise the definition to 
ACL = OY = 0.90(ABC) to provide a buffer between the ABC and the ACL 
for scamp due to concerns about the stock status of scamp.
    Amendment 29 would not change the specified sector allocations or 
the recreational ACT definitions for the snapper-grouper species 
contained in Amendment 29.

Modify Minimum Size Limit for Gray Triggerfish

    Amendment 29 includes an action to establish a 12-inch (30.5-cm) 
fork length (FL) minimum size limit for gray triggerfish in Federal 
waters off North Carolina, South Carolina, and Georgia for both the 
commercial and recreational sectors. This action would also increase 
the minimum size limit for gray triggerfish off the east coast of 
Florida from 12 inches (30.5 cm), total length to 14 inches (35.6 cm), 
FL for both the commercial and recreational sectors, which is 
consistent with the commercial and recreational minimum size limit in 
place off the west coast of Florida, however, this is inconsistent with 
the 12-inch (30.5-cm) minimum size limit for gray triggerfish in state 
waters off the east coast of Florida. The rationale for increasing the 
minimum size limit to 14 inches (35.6 cm), FL, off the east coast of 
Florida is to implement consistent regulations for fishermen in South 
Florida, specifically off the

[[Page 69821]]

Florida Keys. The Florida Fish and Wildlife Commission is expected to 
discuss implementing compatible regulations for state waters off the 
east coast of Florida.

Establish a Commercial Split Season for Gray Triggerfish

    The fishing year for gray triggerfish begins on January 1. Weather 
conditions can be poor off North Carolina and South Carolina during the 
early part of the year, making fishing for gray triggerfish difficult. 
Amendment 29 includes an action to divide the annual commercial fishing 
season for gray triggerfish into two 6-month fishing seasons, to 
provide opportunities to fish for gray triggerfish throughout the South 
Atlantic and throughout the calendar year. This action would allocate 
50 percent of the commercial gray triggerfish ACL for the time period 
January 1 through June 30, and 50 percent for the time period July 1 
through December 31. As a result, the commercial ACL would be divided 
into two seasonal quotas of equal amounts of 156,162 lb (70,834 kg), 
round weight. When the quota would be reached for a given season, the 
commercial sector would close. In addition, any unused portion of the 
quota from the first season would be added to the quota in the second 
season. Any unused portion of the quota specified in the second season, 
including any addition of quota from the first season, would become 
void and would not be added to any subsequent quota.

Establish a Commercial Trip Limit for Gray Triggerfish

    Amendment 29 would establish a commercial trip limit of 1,000 lb 
(454 kg), round weight, for gray triggerfish, to extend the commercial 
fishing season for this species.
    A proposed rule that would implement measures outlined in Amendment 
29 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS 
is evaluating the proposed rule to determine whether it is consistent 
with the FMP, the Magnuson-Stevens Act, and other applicable law. If 
that determination is affirmative, NMFS will publish the proposed rule 
in the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 29 for Secretarial review, 
approval, and implementation. Comments received by January 23, 2015, 
whether specifically directed to the amendment or the proposed rule, 
will be considered by NMFS in its decision to approve, disapprove, or 
partially approve the amendment. Comments received after that date will 
not be considered by NMFS in this decision. All comments received by 
NMFS on the amendment or the proposed rule during their respective 
comment periods will be addressed in the final rule.

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

    Dated: November 19, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-27740 Filed 11-21-14; 8:45 am]
BILLING CODE 3510-22-P