[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 810-812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31896]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG38


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 36

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 36 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 36 would modify the special management zone (SMZ) 
procedure in the FMP to allow for the designation of spawning SMZs; 
modify the FMP framework procedures to allow spawning SMZs to be 
established or modified through the framework process; establish 
spawning SMZs off North Carolina, South Carolina, and Florida; 
establish transit and anchoring provisions in the spawning SMZs; and 
establish a sunset provision for most of the spawning SMZs. Amendment 
36 would also move the boundary of the existing Charleston Deep 
Artificial Reef Marine Protected Area (MPA). The purpose of Amendment 
36 is to protect spawning snapper-grouper species and their spawning 
habitat, and to reduce bycatch and bycatch mortality for snapper-
grouper species, including speckled hind and warsaw grouper.

DATES: Written comments on Amendment 36 must be received by March 6, 
2017.

ADDRESSES: You may submit comments on Amendment 36 identified by 
``NOAA-NMFS-2016-0153,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal at http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2016-0153, click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Frank Helies, 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 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 required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 36 may be obtained from 
www.regulations.gov or the SERO Web site at http://sero.nmfs.noaa.gov. 
Amendment 36 includes an environmental assessment, Regulatory 
Flexibility Act analysis, regulatory impact review, and fishery impact 
statement.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 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 36 was prepared by the Council 
and, if approved, would be implemented by NMFS through regulations at 
50 CFR part 622 under the authority of the Magnuson-Stevens Act.

Background

    The Council developed Amendment 36 to protect spawning snapper-
grouper species and their spawning habitat by prohibiting fishing for 
or harvest of snapper-grouper species in certain areas year-round in 
Federal waters of the South Atlantic. Areas designated for protection 
would include habitat characteristics, bottom topography (hard and live 
bottom), and currents that provide essential fish habitat important for 
spawning snapper-grouper species. The Council determined that 
protecting spawning snapper-grouper and their associated habitats would 
allow these species to produce more larvae, and may subsequently 
increase snapper-grouper populations.
    The Council also developed Amendment 36 to reduce bycatch and 
bycatch mortality of snapper-grouper species, including speckled hind 
and warsaw grouper. The snapper-grouper fishery in the South Atlantic 
is a highly regulated, multi-species fishery. Discards in the fishery 
can occur due to regulations, such as closed seasons, possession or 
size limits, or from catch and release of these species. For snapper-
grouper species prohibited from harvest, such as speckled hind and 
warsaw grouper, fish discarded due to regulations are considered 
bycatch. The deep-water snapper-grouper species are further impacted 
due to high discard mortality rates (low survivability due to 
barotrauma). The Council concluded that prohibiting the use of certain 
fishing gear in specified areas where snapper-grouper are known to 
occur and possibly spawn would reduce encounters with these species and 
subsequently provide protection for reproduction. Spawning SMZs could 
provide long-term beneficial biological and socio-economic effects if 
spawning fish are sufficiently protected.
    The Council has identified a total of five areas proposed to be 
considered as spawning SMZs in the South Atlantic off North Carolina, 
South Carolina, and Florida. These areas have been identified based on 
the documented occurrence of snapper-grouper species and analysis of 
spawning data, recommendations from the Council's MPA Expert Work Group 
and Snapper-Grouper Advisory Panel, as well as cooperative research and 
public recommendations.
    Amendment 36 also contains a 10-year sunset provision that would 
apply to most of the proposed spawning SMZs. The sunset provision would 
allow for most of the spawning SMZs to expire 10 years following the 
implementation date unless they are renewed. When deciding whether to 
renew a spawning SMZ, the Council may consider the evidence of spawning 
by snapper-grouper species in the spawning SMZ and whether a spawning 
SMZ is being monitored. The Council concluded that a 10-year sunset 
provision would help to ensure that spawning SMZs are monitored and 
evaluated during this period to document snapper-grouper spawning 
within the sites.
    The Council developed a system management plan (SMP) for the 
spawning SMZs proposed in Amendment 36. The SMP describes in

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detail the monitoring and evaluation requirements for the proposed 
spawning SMZs. The Council recognizes that monitoring the proposed 
spawning SMZs by academic, state, or NMFS personnel is necessary to 
evaluate their effectiveness; therefore, the SMP outlines the potential 
monitoring partners and their roles.
    In addition to the spawning SMZs proposed for a similar purpose 
through Amendment 36, the Council originally designated the Charleston 
Deep Artificial Reef MPA, located off South Carolina, in Amendment 14 
to the Snapper-Grouper FMP (74 FR 1621, January 13, 2009) to add 
protected snapper-grouper habitat and contribute to adding fish 
biomass. Recently, the State of South Carolina worked with the U.S. 
Army Corps of Engineers to modify the boundary of this site to include 
additional substrate material that was sunk by the state in the area of 
this MPA. The State of South Carolina requested the Council shift the 
boundary of the existing Charleston Deep Artificial Reef MPA to match 
the new boundary of the artificial reef site. Amendment 36 would align 
the Charleston Deep Artificial Reef MPA boundary with the site 
permitted by the U.S. Army Corps of Engineers, while retaining the size 
of the current MPA. Amendment 36 would move the existing boundary 
around the Charleston Deep Artificial Reef MPA 1.4 mi (2.3 km) to the 
northwest.

Actions Contained in Amendment 36

    Amendment 36 includes actions to modify the SMZ procedure in the 
FMP to allow for the designation of spawning SMZs; modify the FMP 
framework procedures to allow spawning SMZs to be established or 
modified through the framework process; and establish spawning SMZs off 
North Carolina, South Carolina, and Florida. Additional actions in 
Amendment 36 would establish transit and anchoring provisions in the 
spawning SMZs, and establish a sunset provision for most of the 
spawning SMZs. The amendment would also move the existing Charleston 
Deep Artificial Reef MPA 1.4 mi (2.3 km) northwest to match the 
permitted site boundary.

Modify the SMZ Procedures in the FMP to Allow Designation of Spawning 
SMZs

    The existing SMZ procedure in the FMP addresses the use of certain 
gear in areas including artificial reefs, fish attraction devices, and 
other modified areas of habitat for fishing. Possession limits can also 
be regulated in SMZs. Amendment 36 would allow the Council to designate 
important spawning areas as spawning SMZs to provide additional 
protection to some existing Essential Fish Habitat-Habitat Areas of 
Particular Concern for snapper-grouper species. The Council concluded 
that designating areas as spawning SMZs is important to protect 
snapper-grouper species and habitat where these species spawn. 
Furthermore, the Council concluded that the spawning SMZs in Amendment 
36 would enhance reproduction for snapper-grouper species and thus 
increase the number of larvae that are produced by the species.

Modify the FMP Framework Procedures for Spawning SMZs

    Amending the FMP can require more detailed analyses and requires a 
lengthier prescribed timeline prior to implementation. However, the 
current FMP contains framework procedures to allow the Council to 
modify certain management measures, such as annual catch limits and 
other management measures, via an expedited process (see 50 CFR 
622.194; 56 FR 56016, October 31, 1991). Currently, SMZs cannot be 
modified under the framework process, so any changes to SMZs are 
required to be done through an FMP amendment. In Amendment 36, the 
Council has decided to include changes to spawning SMZs, such as 
boundary modifications and the establishment or removal of spawning 
SMZs, under the framework process. For example, this proposed action 
would allow the Council to remove a spawning SMZ if monitoring efforts 
do not document evidence of spawning snapper-grouper species within the 
boundary. The proposed revisions to the FMP framework procedures would 
also allow the Council to remove the proposed 10-year sunset provision 
for a proposed spawning SMZ if monitoring efforts document snapper-
grouper species' spawning inside a spawning SMZ. The Council has 
decided that changing spawning SMZs through an expedited process can 
have beneficial biological and socio-economic impacts, especially if 
the changes respond to newer information, such as spawning locations 
for snapper-grouper species. The Council has concluded that the 
framework process will allow adequate time for the public to comment on 
any proposed change related to a spawning SMZ.

Establish Spawning SMZs off North Carolina, South Carolina, and Florida

    The existing South Atlantic SMZs restrict the use of certain 
fishing gear in areas including artificial reefs, fish attraction 
devices, and other modified areas of habitat for fishing (50 CFR 
622.182). Possession limits can also be regulated in SMZs. The original 
FMP established SMZs for artificial reefs to restrict certain fishing 
gear in those areas (48 FR 49463, August 31, 1983). Currently, there 
are no spawning SMZs for snapper-grouper in the South Atlantic. 
Amendment 36 proposes to establish five snapper-grouper spawning SMZs 
in the South Atlantic off North Carolina, South Carolina, and Florida.
    Fishing for or harvest of snapper-grouper species within the 
proposed spawning SMZs would be prohibited year-round. Certain other 
activities in the spawning SMZs would be restricted, including 
transiting with snapper-grouper species on board and anchoring.
    Another purpose of spawning SMZs is to reduce bycatch and bycatch 
mortality of snapper-grouper species, including speckled hind and 
warsaw grouper. Currently, retention of speckled hind and warsaw 
grouper is prohibited in Federal waters in the South Atlantic. 
Prohibiting the targeting or harvest of snapper-grouper species in 
specified areas where these species are known to occur and possibly 
spawn would reduce encounters with these deep-water species and provide 
protection for reproduction. The Council concluded that protecting 
snapper-grouper species within the spawning SMZs could enhance the 
opportunity for these species to reproduce and provide more larvae into 
the environment. Spawning SMZs would also allow opportunities to 
monitor population changes in snapper-grouper species and further 
refine protection of spawning habitat.

Establish Transit and Anchoring Provisions in Spawning SMZs

    Amendment 36 would allow vessels to transit through the proposed 
spawning SMZs with snapper-grouper species on board when fishing gear 
is properly stowed. ``Properly stowed'' means that trawl or try nets 
and the attached doors must be out of the water, but would not be 
required to be on deck or secured below deck. Terminal gear (hook, 
leader, sinker, flasher, or bait) used with automatic reels, bandit 
gear, buoy gear, handline, or rod and reel would have to be 
disconnected and stowed separately from such fishing gear and sinkers 
would have to be disconnected from down riggers and stowed separately. 
Vessels in the spawning SMZs would be prohibited from fishing for, 
harvest, or possession of snapper-grouper species year-round in these 
areas. Except for the experimental artificial reefs Area 51 and Area 53 
off South Carolina proposed as spawning SMZs, persons on board a vessel 
would not be allowed to anchor,

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use an anchor or chain, or use a grapple and chain while in spawning 
SMZs. Fishermen would continue to be allowed to troll for pelagic 
species such as dolphin, tuna, and billfish in spawning SMZs.

Establish a Sunset Provision for the Spawning SMZs

    Amendment 36 would establish a 10-year sunset provision for the 
establishment of the proposed spawning SMZs, except for the Area 51 and 
Area 53 Spawning SMZs, which will remain in effect indefinitely. Thus, 
except for the latter two areas, the proposed spawning SMZs and their 
associated management measures would be effective for 10 years 
following the implementation of a final rule for Amendment 36. For the 
proposed spawning SMZs and management measures subject to the sunset 
provision to extend beyond 10 years, the Council would need to evaluate 
the effectiveness of the spawning SMZs for conserving and protecting 
spawning snapper-grouper species, and subsequently take further action. 
The Council will regularly evaluate all of the spawning SMZs over the 
10-year period. They concluded that this period was an appropriate 
timeframe to monitor the sites and determine whether a sufficient level 
of spawning by snapper-grouper species occurs to justify continued 
protection as spawning SMZs.

Move the Existing Charleston Deep Artificial Reef MPA

    Amendment 36 would move the existing Charleston Deep Artificial 
Reef MPA 1.4 mi (2.3 km) northwest to match the boundary of the U.S. 
Army Corps of Engineers' permitted artificial reef area at that 
location. The size of the MPA would remain the same. The Council 
originally designated the current area as an artificial reef site in 
Amendment 14. The State of South Carolina has worked with the U.S. Army 
Corps of Engineers to modify the boundary of this site to include 
material recently sunk by the state in the area and has requested the 
Council shift their boundary of the existing Charleston Deep Artificial 
Reef MPA to match the new boundary of the U.S. Army Corps of Engineers' 
permitted artificial reef area.
    A proposed rule that would implement measures outlined in Amendment 
36 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 a proposed rule in 
the Federal Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 36 for Secretarial review, 
approval, and implementation. Comments on Amendment 36 must be received 
by March 6, 2017. Comments received during the respective comment 
periods, whether specifically directed to the amendment or the proposed 
rule, will be considered by NMFS in its decision to approve, 
disapprove, or partially approve Amendment 36. 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: December 29, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31896 Filed 1-3-17; 8:45 am]
 BILLING CODE 3510-22-P