[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16282-16284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07866]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BH39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 43

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 (South Atlantic 
Council) submitted Amendment 43 to the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. Amendment 43 would allow for the 
harvest of red snapper in South Atlantic Federal waters by revising red 
snapper commercial and recreational annual catch limits (ACL). The 
purpose of Amendment 43 is to minimize adverse socio-economic effects 
to fishermen and fishing communities that utilize red snapper as part 
of the snapper-grouper fishery, while preventing overfishing from 
occurring and continuing to rebuild the red snapper stock.

DATES: Written comments on Amendment 43 must be received by June 15, 
2018.

ADDRESSES: You may submit comments on Amendment 43, identified by 
``NOAA-NMFS-2017-0148,'' 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-2017-0148, 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, 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 43 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov. Amendment 43 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act analysis, and 
fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, 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 FMPs or amendments 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.
    Amendment 43 to the FMP was prepared by the South Atlantic 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

    Harvest of red snapper from South Atlantic Federal waters was 
prohibited in 2010 through a temporary interim rule and then through 
Amendment 17A to the FMP when the stock was determined to be overfished 
and undergoing overfishing (Southeast Data, Assessment, and Review 
(SEDAR) 15, 2009)(74 FR 63673, December 4, 2009; 75 FR 76874, December 
9, 2010). Amendment 17A also implemented a 35-year red snapper 
rebuilding plan that began in 2010, and set the red snapper stock ACL 
at zero. In 2013, Amendment 28 to the FMP established a process that 
allowed red snapper harvest (ACL greater than zero) if total removals 
(landings plus dead discards) were less than the acceptable biological 
catch (ABC) in the previous fishing year (78 FR 44461, July 24, 2013). 
Using the process established through Amendment 28, limited harvest of 
red snapper was allowed in 2012, 2013, and 2014. However, because the 
estimated total removals of red snapper exceeded the ABC in 2014, 2015, 
and 2016 due to estimates of red snapper discards that were 
incidentally harvested as bycatch while targeting other species, there 
was no allowable harvest in 2015 and 2016. In 2017, as a result of new 
scientific information regarding the red snapper stock, NMFS allowed 
limited commercial and recreational harvest of red snapper by a 
temporary rule through emergency action (82 FR 50839, November 2, 
2017).

Status of the Stock

    The most recent stock assessment for South Atlantic red snapper, 
SEDAR 41 (2017), was completed in 2016 and subsequently revised in 
2017. SEDAR 41 (2017) evaluated data through 2014 and determined the 
red snapper stock was overfished and that overfishing was occurring. 
The stock assessment indicated that overfishing was occurring because 
the estimated fishing mortality based on the average over the last 
three years of the assessment represented in the model (2012-2014) 
exceeded the maximum fishing mortality threshold. Though limited red 
snapper harvest was allowed during those years, a large majority of the 
estimated fishing mortality occurred from very large and uncertain dead 
discard estimates when fishermen were targeting red snapper and species 
that co-occur with red snapper, such as vermilion snapper, gag, red 
grouper, black sea bass, gray triggerfish, greater amberjack, and 
scamp. The review of the SEDAR 41 stock assessment indicated the 
estimate of recreational discards was the greatest source on 
uncertainty in the stock assessment. It was acknowledged in the 
assessment that discarding of red snapper has increased over time due 
to changes in minimum landing size to 20 inches (51 cm) in 1992, 
increases in abundance of young fish from above-average year classes in 
some recent years, the introduction of the moratorium in 2010 and 2011, 
and the small commercial catch limits and recreational bag limits in 
the mini seasons for 2012 onwards. Because most of the catch is now 
discarded, the number of discards is dependent upon fisher recalls, and 
these estimates are expanded based on small sample size; thus, the 
quality of total fishery removals estimates is poor and uncertain, 
which will impact estimation of stock size and fishing mortality.
    In May 2016, the Council's Scientific and Statistical Committee 
(SSC) reviewed SEDAR 41 (2017), and had an extensive discussion of the 
uncertainties associated with the assessment. The SSC stated that the 
assessment was

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based on the best scientific information available, but noted the 
assessment findings were highly uncertain regarding to what extent 
overfishing was occurring (i.e., the actual numerical value of the 
current fishing mortality estimate), and regarding the measures of 
discards. The SSC indicated that the most significant sources of 
uncertainty in the assessment include: The stock-recruitment 
relationship, natural mortality at age, the age structure of the 
unfished population, the composition and magnitude of recreational 
discards (where dead discards greatly outnumbered the landings during 
the years 2012 through 2014), and potential changes in catch per unit 
effort (CPUE). The SSC developed its ABC recommendations based on SEDAR 
41, and the total ABC recommendation for 2018 is 53,000 red snapper.
    The projections of yield streams used in SEDAR 41 (2017) included 
both landings and dead discards, which were added to obtain an estimate 
of the total removals. The SSC divided its 53,000 fish ABC 
recommendation into landed fish (18,000) and discarded fish (35,000). 
Because of the recent closures in the fishery, in January 2017, the 
Council requested that the NMFS Southeast Fishery Science Center 
(SEFSC) provide red snapper projections under the assumption that all 
fish caught are subsequently discarded, believing that such projections 
would be more informative for management. The SEFSC advised the Council 
in February 2017 that the requested projections were not appropriate 
for management because the uncertainty in the stock assessment inhibits 
the ability to set an ABC that can be effectively monitored. The SEFSC 
further stated in an April 2017 letter to the Council, that the use of 
an ABC based primarily on fishery discards for monitoring the 
effectiveness of management action is likely ineffective due to the 
high level of uncertainty in measures of discards. NMFS has determined 
that given the extreme uncertainty associated with the red snapper 
recreational discard estimates, it is not appropriate to rely on those 
discard estimates for the management of red snapper, and the division 
of the SSC's ABC recommendation of 53,000 fish into landed fish and 
discarded fish is unwarranted.
    The results of SEDAR 41 (2017) using data through 2014, indicated 
that the red snapper stock was still overfished but was rebuilding in 
accordance with the rebuilding plan. NMFS sent the Council a letter on 
March 3, 2017, noting these results, the SEFSC's concerns regarding the 
substantial uncertainty in the assessment, and advising the Council 
that sufficient steps had been taken to address overfishing of red 
snapper while continuing to rebuild the stock through harvest 
prohibitions in 2015 and 2016. This determination is supported by a 
significant increase in stock biomass since 2010 to levels not seen 
since the 1970's, and increasing abundance of older age classes (SEDAR 
41 2017). Additional support comes from fishery-independent information 
collected through the Southeast Reef Fish Survey (SERFS) program, and 
the East Coast Fisheries Independent Monitoring information conducted 
by Florida Fish and Wildlife Conservation Commission (FWCC). According 
to the SERFS, the relative abundance (CPUE) of red snapper has 
increased since 2009, reaching the highest level observed in the entire 
time series (1990-2016) in 2016. In addition, the SERFS program 
notified the Council at the December 2017 meeting that red snapper 
relative abundance, as measured through fishery-independent monitoring, 
increased 18 percent from 2016 to 2017. According to the results of 
FWCC's study, CPUE for red snapper for hook gear (surveyed in 2012, 
2014, 2016, and 2017) and the standardized index of abundance (surveyed 
from 2014-2017) was highest in 2017. The FWCC data also showed a 
greater number of large red snapper and a broader range of ages in 
recent years, which suggests rebuilding progress of the red snapper 
stock. Additionally, the increase in relative abundance of red snapper 
indicated by the fishery-independent CPUE indices has taken place 
despite landings during the limited seasons in 2012-2014 and despite 
the large number of estimated red snapper dead discards during harvest 
restrictions for red snapper since 2010.
    As a result of the new scientific information regarding the red 
snapper stock, NMFS allowed limited harvest of red snapper beginning 
November 2, 2017, by a temporary rule through emergency action (82 FR 
50839, November 2, 2017). The amount of harvest authorized in the 
temporary rule was equivalent to the amount of observed landings in the 
2014 fishing season. Amendment 43 would allow the same amount of 
harvest annually beginning in 2018. Therefore, NMFS determined that 
allowing that same amount of harvest that occurred in 2014 is unlikely 
to result in overfishing or change the red snapper rebuilding time 
period. NMFS has determined that Amendment 43 is based on the best 
scientific information available. Additionally, the ACL proposed in 
Amendment 43 is less than the ABC provided by the SSC from SEDAR 41, in 
accordance with the Magnuson-Stevens Act and the National Standard 1 
Guidelines. See 16 U.S.C. 1852(h)(6), 50 CFR 600.310(f)(4)(i).

Action Contained in Amendment 43

    Based on the actions in Amendment 28, the FMP currently contains 
total ABCs that are then divided, with one component for landings and 
another for discards. Beginning in 2018, Amendment 43 would change the 
process for determining the red snapper ACL and allowable harvest that 
was established in Amendment 28. Limited commercial and recreational 
harvest would be allowed by implementing a total ACL of 42,510 fish, 
which is based on the landings observed during the limited red snapper 
season in 2014. This ACL is less than the SSC's most recent total ABC 
recommendation of 53,000 red snapper, and is less than the 79,000 fish 
landings component of the 135,000 fish total ABC projection for 2018 in 
Amendment 28. The total ACL is divided into a commercial sector ACL of 
124,815 lb (56,615 kg), round weight, and a recreational sector ACL of 
29,656 fish, based on the current sector allocation ratio developed by 
the Council for red snapper (28.07 percent commercial and 71.93 percent 
recreational). The commercial sector's ACL is set in pounds of fish 
because the commercial sector reports landings in weight, and 
therefore, weight is a more accurate representation of commercial 
landings. For the commercial sector, one red snapper is equivalent to 
9.71 lb (4.40 kg), round weight. The ACL for the recreational sector is 
specified in numbers of fish, because the Council determined that 
numbers of fish are a more reliable estimate for that sector than 
specifying the ACL in weight of fish. Because surveys that estimate 
recreational landings collect information on numbers of fish and 
convert those numbers to weights using biological samples that are 
sometimes limited, the Council believes that there can be uncertainty 
in estimates of recreational landings by weight.
    NMFS and the Council have specified several management measures 
that function as accountability measures (AMs) to constrain red snapper 
harvest to these ACLs, including limited commercial and recreational 
red snapper seasons. The harvest of red snapper would begin in July, 
with the opening and closing of the recreational sector specified 
before the recreational season begins and would consist of weekends 
only (Friday, Saturday,

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Sunday). The commercial red snapper season would close when the 
commercial ACL is met or projected to be met. The length of the 
recreational red snapper season would be projected and announced before 
the start of the season, based on catch rate estimates from previous 
years. In addition to authorizing commercial and recreational harvest 
by setting sector ACLs and AMs, Amendment 43 would retain the current 
commercial trip limit of 75 lb (34 kg), gutted weight, and the 
recreational bag limit of 1 fish per person per day. No size limits 
would be implemented for either sector through Amendment 43 in an 
effort to decrease regulatory discards (fish returned to the water 
because they are below the minimum size limit). The NMFS Regional 
Administrator has the authority to delay the opening of red snapper 
fishing seasons in the event of a tropical storm or hurricane affecting 
the area of the Council's jurisdiction.

Proposed Rule for Amendment 43

    A proposed rule that would implement Amendment 43 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, 
Amendment 43, 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 Council has submitted Amendment 43 for Secretarial review, 
approval, and implementation. Comments on Amendment 43 must be received 
by June 15, 2018. Comments received during the respective comment 
periods, whether specifically directed to Amendment 43 or the proposed 
rule, will be considered by NMFS in the decision to approve, 
disapprove, or partially approve Amendment 43. Comments received after 
the comment periods will not be considered by NMFS in this decision. 
All comments received by NMFS on Amendment 43 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: April 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-07866 Filed 4-13-18; 8:45 am]
 BILLING CODE 3510-22-P