[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69774-69777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24334]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG33


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 37

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

ACTION: Notice of availability (NOA); request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) has submitted Amendment 37 to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP) for 
review, approval, and implementation by NMFS. If approved by the 
Secretary of Commerce, Amendment 37 would modify the management unit 
boundaries for hogfish in the South Atlantic by establishing two 
hogfish stocks off (1) Georgia through North Carolina and (2) Florida 
Keys/East Florida; establish a rebuilding plan for the Florida Keys/
East Florida hogfish stock; specify fishing levels and accountability 
measures (AMs), and modify or establish management measures for the 
Georgia through North Carolina and Florida Keys/East Florida stocks of 
hogfish. The purpose of Amendment 37 is to manage hogfish using the 
best scientific information available while ending overfishing and 
rebuilding the Florida Keys/East Florida hogfish stock.

DATES: Written comments must be received by December 6, 2016.

ADDRESSES: You may submit comments on Amendment 37 identified by 
``NOAA-NMFS-2016-0068'' by either of the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0068, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit all written comments to Nikhil Mehta, NMFS 
Southeast Regional Office (SERO), 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

[[Page 69775]]

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).
    Electronic copies of Amendment 37 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 37 includes a final environmental impact 
statement, initial regulatory flexibility analysis, regulatory impact 
review, and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS SERO, telephone: 
727-824-5305, or 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 fishery management plan or 
amendment to NMFS for review and approval, partial approval, or 
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon 
receiving an FMP or amendment, publish an announcement in the Federal 
Register notifying the public that the FMP or amendment is available 
for review and comment.
    The FMP being revised by Amendment 37 was prepared by the South 
Atlantic Council, and Amendment 37, if approved, would be implemented 
by NMFS through regulations at 50 CFR part 622 under the authority of 
the Magnuson-Stevens Act.

Background

    Currently, hogfish is managed under the FMP as a single stock in 
the South Atlantic from the jurisdictional boundary between the South 
Atlantic Council and Gulf of Mexico Fishery Management Council (Gulf 
Council) (approximately the Florida Keys) to a line extending seaward 
from the North Carolina and Virginia state border. The current status 
determination criteria such as maximum sustainable yield (MSY) and 
minimum stock size threshold (MSST), annual catch limits (ACLs), 
recreational annual catch targets (ACTs), AMs, and management measures 
in the FMP are established for a single stock of hogfish for the South 
Atlantic region. The most recent stock assessment for hogfish was 
completed in 2014 through the Southeast Data, Assessment, and Review 
assessment process (SEDAR 37). SEDAR 37 identified two separate stocks 
of hogfish in the South Atlantic region under the jurisdiction of the 
South Atlantic Council, and one stock of hogfish in the Gulf of Mexico 
(Gulf) under the jurisdiction of the Gulf Council. In the South 
Atlantic region, one stock of hogfish was identified to exist off North 
Carolina, South Carolina, and Georgia; and a separate stock of hogfish 
was identified to exist off the Florida Keys and East Florida. The 
South Atlantic Council's Scientific and Statistical Committee (SSC) did 
not consider the SEDAR 37 results for the Georgia through North 
Carolina stock as sufficient to determine stock status and inform South 
Atlantic Council management decisions, and the South Atlantic Council 
concurred. NMFS agreed and determined that the overfishing and 
overfished status determination of the Georgia through North Carolina 
stock is unknown. Based on SEDAR 37 and the South Atlantic Council's 
SSC recommendation for the Florida Keys/East Florida stock, NMFS 
determined that the Florida Keys/East Florida stock is currently 
undergoing overfishing and is overfished. Based on SEDAR 37, NMFS also 
determined that the West Florida hogfish stock in the Gulf identified 
by SEDAR 37, which occurs off the west coast of Florida to Texas, is 
neither overfished, nor undergoing overfishing. NMFS notified the South 
Atlantic Council of its determinations via letter on February 17, 2015.

Actions Contained in the Amendment 37

    Amendment 37 includes actions to revise the hogfish fishery 
management unit in the FMP by establishing two hogfish stocks, one in 
Federal waters off Georgia through North Carolina and one in Federal 
waters off the Florida Keys/East Florida; establish a rebuilding plan 
for the Florida Keys/East Florida hogfish stock; specify fishing levels 
and accountability measures (AMs), and modify or establish management 
measures for the Georgia through North Carolina and Florida Keys/East 
Florida stocks of hogfish. All weights of hogfish are described in 
round weight.

Fishery Management Unit for Hogfish

    Currently, hogfish is managed as a single stock in Federal waters 
in the South Atlantic region from the jurisdictional boundary between 
the South Atlantic and Gulf Councils to the North Carolina/Virginia 
border. Amendment 37 would establish new stock boundaries and create 
two stocks of hogfish under the jurisdiction of the South Atlantic 
Council. The first stock would be the Georgia through North Carolina 
stock, with a southern boundary extending from the Florida/Georgia 
state border, and a northern border extending from the North Carolina/
Virginia state border. The second stock would be the Florida Keys/East 
Florida hogfish stock, with a southern boundary extending from 
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. The 
management area would extend south and east around the Florida Keys and 
have a northern border extending from the Florida/Georgia state border.
    The Gulf Council has approved Amendment 43 to the FMP for the Reef 
Fish Resources of the Gulf, and has selected the same boundary near 
Cape Sable on the west coast of Florida to separate the Florida Keys/
East Florida hogfish stock from the hogfish stock in the Gulf (West 
Florida hogfish stock). In accordance with Section 304(f) of the 
Magnuson-Stevens Act, the Gulf Council requested that the Secretary 
designate the South Atlantic Council as the responsible Council for 
management of this hogfish stock in Gulf Federal waters south of 
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. If the 
Gulf Council's request is approved, the Gulf Council would continue to 
manage the West Florida hogfish stock in Federal waters in the Gulf, 
except in Federal waters south of this boundary. Therefore, the South 
Atlantic Council, and not the Gulf Council, would establish the 
management measures for the entire range of the Florida Keys/East 
Florida hogfish stock, including in Federal waters south of 25[deg]09' 
N. lat. near Cape Sable in the Gulf. Commercial and recreational for-
hire vessels fishing for hogfish in Gulf Federal waters, i.e., north 
and west of the jurisdictional boundary between the Gulf and South 
Atlantic Councils, would still be required to have the appropriate 
Federal Gulf reef fish permits, and vessels fishing for hogfish in 
South Atlantic Federal waters, i.e., south and east of the 
jurisdictional boundary, would still be required to have the 
appropriate Federal South Atlantic snapper-grouper permits. Those 
permit holders would still be required to follow the sale and reporting 
requirements associated with the respective permits.
    As described in Amendment 37, the proposed stock boundary near Cape 
Sable, Florida, would be a good demarcation point because it coincides 
with an existing State of Florida management boundary for Florida's

[[Page 69776]]

Pompano Endorsement Zone and, therefore, would aid in simplifying 
regulations across management jurisdictions. NMFS specifically seeks 
public comment regarding the revised stock boundaries and the manner in 
which the Councils would have jurisdiction over these stocks if both 
Amendment 37 for the South Atlantic and Amendment 43 for the Gulf are 
approved and implemented.

MSY and MSST for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks

    Currently, MSY for the single hogfish stock in the South Atlantic 
is the yield produced by the fishing mortality rate at MSY 
(FMSY) or the FMSY proxy, and MSST is equal to 
the spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5, 
whichever is greater (where M equals natural mortality). However, MSY 
and MSST values for the single hogfish stock are unknown because 
hogfish were unassessed until recently. Amendment 37 would specify the 
MSY for the Georgia through North Carolina and Florida Keys/East 
Florida stocks of hogfish as equal to the yield produced by 
FMSY or the FMSY proxy, with the MSY and 
FMSY proxy recommended by the most recent stock assessment. 
Based on SEDAR 37, the resulting MSY for the Florida Keys/East Florida 
hogfish stock is 346,095 lb (156,986 kg), and is unknown for the 
Georgia through North Carolina hogfish stock. Amendment 37 would 
specify the MSST for these two stocks of hogfish at 75 percent of 
SSBMSY, which results in an unknown MSST value for the 
Georgia through North Carolina hogfish stock, and an MSST for the 
Florida Keys/East Florida hogfish stock of 1,725,293 lb (782,580 kg). 
The proposed MSST for hogfish is consistent with how the South Atlantic 
Council has defined MSST for other snapper-grouper stocks with low 
natural mortality estimates.

Rebuilding Plan for the Florida Keys/East Florida Hogfish Stock

    Because the Florida Keys/East Florida hogfish stock is overfished, 
Amendment 37 would establish a rebuilding plan that would set the 
acceptable biological catch (ABC) equal to the yield at a constant 
fishing mortality rate and rebuild the stock in 10 years with a 72.5 
percent probability of success. Year 1 of the rebuilding plan would be 
2017, and 2027 would be the last year. The South Atlantic Council's SSC 
indicated that harvest levels proposed in the Amendment 37 rebuilding 
plan are sustainable and would achieve the goal of rebuilding the 
Florida Keys/East Florida hogfish stock. As explained below, the ABC 
for the Florida Keys/East Florida hogfish stock would be 17,930 fish in 
2017 and would increase annually through 2027 when the ABC would be 
63,295 fish.

ACLs and OY for the Georgia Through North Carolina and Florida Keys/
East Florida Hogfish Stocks

    Currently, the total ABC for the single hogfish stock (equal to ACL 
and OY) is 134,824 lb (61,155 kg), with a commercial ACL sector 
allocation (36.69 percent) of 49,469 lb (22,439 kg), and recreational 
ACL sector allocation (63.31 percent) of 85,355 lb (38,716 kg). For the 
Georgia through North Carolina hogfish stock, Amendment 37 would 
specify an ABC of 35,716 lb (16,201 kg), a total ACL and OY (equal to 
95 percent of the ABC) of 33,930 lb (15,390 kg), and commercial and 
recreational ACLs based on re-calculated sector allocations of 69.13 
percent to the commercial sector and 30.87 percent to the recreational 
sector. It was necessary to re-calculate the sector allocations based 
on the existing formula from the Comprehensive ACL Amendment, based on 
the appropriate landings from the relevant geographic region of the new 
stock. The commercial ACL would be 23,456 lb (10,639 kg) and the 
recreational ACL would be 988 fish.
    For the Florida Keys/East Florida stock of hogfish, Amendment 37 
would specify an ABC of 17,930 fish which would increase annually 
through 2027 when the ABC would be 63,295 fish. The total ACL and OY 
would be equal to 95 percent of the ABC, and the commercial and 
recreational ACLs would be based on re-calculated sector allocations of 
9.63 percent to the commercial sector and 90.37 percent to the 
recreational sector. In 2017, the total ACL (and OY) would be 17,034 
fish, the commercial ACL would be 3,510 lb (1,592 kg), and the 
recreational ACL would be 15,689 fish and would increase annually 
through 2027 as the stock rebuilds. In 2027, the total ACL (and OY) for 
the Florida Keys/East Florida hogfish stock would be 60,130 fish, the 
commercial ACL would be 17,018 lb (7,719 kg), and recreational ACL 
would be 53,610 fish.

Recreational ACTs for the Georgia Through North Carolina and Florida 
Keys/East Florida Hogfish Stocks

    The recreational ACT for the current hogfish stock is 59,390 lb 
(26,939 kg). Amendment 37 would specify a recreational ACT (equal to 85 
percent of the recreational ACL) of 840 fish for the Georgia through 
North Carolina stock, and 13,335 fish for the Florida Keys/East Florida 
stock in 2017. The recreational ACTs for the Florida Keys/East Florida 
stock would increase annually from 2017 through 2027 as the stock 
rebuilds. NMFS notes that the recreational ACT is currently used only 
for monitoring.

AMs for the Commercial and Recreational Sectors for Both the Georgia 
Through North Carolina and Florida Keys/East Florida Hogfish Stocks

    The current South Atlantic commercial AMs for the single hogfish 
stock consist of an in-season closure of the commercial sector if the 
commercial ACL is met or projected to be met; and if the commercial ACL 
is exceeded, a post-season AM that would reduce the commercial ACL by 
the amount of the commercial ACL overage during the following fishing 
year, only if the total ACL is also exceeded and hogfish are 
overfished. Amendment 37 would retain the current South Atlantic in-
season and post-season AMs for the commercial sector, and apply them to 
both the Georgia through North Carolina and Florida Keys/East Florida 
hogfish stocks.
    The current South Atlantic recreational AMs for the single hogfish 
stock consist of an in-season closure of the recreational sector if the 
recreational ACL is met or is projected to be met. If the recreational 
ACL is exceeded, then during the following fishing year, NMFS will 
monitor for a persistence in increased landings. The post-season AM 
would reduce the length of the recreational season and the recreational 
ACL by the amount of the recreational ACL overage, only if the total 
ACL is also exceeded and hogfish are overfished. Amendment 37 would 
retain these current South Atlantic recreational AMs for both the 
Georgia through North Carolina and Florida Keys/East Florida hogfish 
stocks.

Minimum Size Limits for the Georgia Through North Carolina and Florida 
Keys/East Florida Hogfish Stocks

    The current minimum size limit for the single hogfish stock in the 
South Atlantic is 12 inches (30.5 cm), fork length (FL), for both the 
commercial and recreational sectors. For both the commercial and 
recreational sectors, Amendment 37 would increase the minimum size 
limit to 17 inches (43.2 cm), FL, for the Georgia through North 
Carolina hogfish stock, and 16 inches (40.6 cm), FL, for the Florida 
Keys/East Florida hogfish stock. The South Atlantic Council determined 
these minimum size limits could serve as a precautionary approach to 
address population stability, considering life

[[Page 69777]]

history characteristics for hogfish off Georgia through North Carolina, 
and reduce disruption to spawning, avoid recruitment overfishing, and 
benefit the spawning populations off the Florida Keys and East Florida.

Commercial Trip Limit for the Georgia Through North Carolina and 
Florida Keys/East Florida Hogfish Stocks

    Currently, there is no commercial trip limit for hogfish in the 
South Atlantic. Amendment 37 would establish a commercial trip limit of 
500 lb (227 kg) for the Georgia through North Carolina stock, and 25 lb 
(11 kg) for the Florida Keys/East Florida stock. As described in 
Amendment 37, few fishermen catch more than 500 lb (227 kg) of hogfish 
per trip off Georgia through North Carolina, and the proposed 
commercial ACL is not expected to be met. However, because restrictions 
on commercial harvest of hogfish from the Florida Keys/East Florida 
stock could be large, there was some concern that fishermen may shift 
effort to Georgia and the Carolinas. Therefore, the South Atlantic 
Council proposed a 500-lb (227-kg) commercial trip limit for the 
Georgia through North Carolina stock to enable commercial harvest in 
that geographic sub-region to take place year-round. The South Atlantic 
Council determined that implementing a trip limit of 25 lb (11 kg) for 
the Florida Keys/East Florida stock would restrict harvest and help to 
extend the commercial fishing season.

Recreational Bag Limits for the Georgia Through North Carolina and 
Florida Keys/East Florida Hogfish Stocks

    The current recreational bag limit for hogfish in the South 
Atlantic is five fish per person per day in Federal waters off Florida, 
with no recreational bag limits in Federal waters off Georgia, South 
Carolina, and North Carolina. Amendment 37 would set a recreational bag 
limit of one fish per person per day in Federal waters off the Florida 
Keys and East Florida, and a recreational bag limit of two fish per 
person per day in Federal waters off Georgia through North Carolina. 
The South Atlantic Council determined that these bag limits would 
reduce harvest and help to extend the recreational fishing season.

Recreational Fishing Season for the Florida Keys/East Florida Hogfish 
Stock

    Currently, hogfish is available for the recreational sector to 
harvest year-round, as long as the recreational ACL has not been met. 
Amendment 37 would establish a recreational fishing season from May 
through October for the Florida Keys/East Florida hogfish stock. As 
described in Amendment 37, hogfish spawning activity occurs 
predominantly during the months of December through April, and begins 
(and ends) slightly earlier in the Florida Keys than on the West 
Florida shelf (e.g., from the Florida panhandle south along the west 
coast of Florida to Naples, Florida). Analysis in Amendment 37 showed 
that based on the proposed recreational ACLs, minimum size limits, and 
recreational bag limits, a recreational fishing season that is open for 
6 months would help constrain recreational landings below the 
recreational ACL for the Florida Keys/East Florida hogfish stock. The 
South Atlantic Council determined that specifying a May through October 
fishing season would protect the overfished Florida Keys/East Florida 
hogfish stock during the peak spawning season, and the proposed ACLs 
and AMs would help ensure overfishing does not occur. The South 
Atlantic Council decided not to establish a recreational fishing season 
for the Georgia through North Carolina hogfish stock, because that 
stock does not seem to be experiencing heavy fishing pressure, and the 
average recreational landings in recent years have been well below the 
proposed recreational ACL.

Proposed Rule for Amendment 37

    A proposed rule that would implement Amendment 37 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 laws. 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 South Atlantic Council has submitted Amendment 37 for 
Secretarial review, approval, and implementation. Comments on Amendment 
37 must be received by December 6, 2016. Comments received during the 
respective comment periods, whether specifically directed to Amendment 
37 or the proposed rule will be considered by NMFS in the decision to 
approve, disapprove, or partially approve Amendment 37. Comments 
received after the comment periods 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: October 4, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-24334 Filed 10-6-16; 8:45 am]
 BILLING CODE 3510-22-P