[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Proposed Rules]
[Pages 57378-57381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23267]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 191018-0066]
RIN 0648-BI33
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory
Amendment 26
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 to implement recreational sector management
measures described in Vision Blueprint Recreational Regulatory
Amendment 26 (Regulatory Amendment 26) to the Fishery Management Plan
for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-
Grouper FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (Council). For the recreational sector, this
proposed rule would remove the minimum size limits for queen snapper,
silk snapper, and blackfin snapper, reduce the minimum size limit for
gray triggerfish in the exclusive economic zone (EEZ) off the east
coast of Florida, and modify the 20-fish snapper-grouper aggregate bag
limit. The purpose of this proposed rule is to minimize regulatory
discards to the extent practicable, improve regulatory compliance among
fishers, and increase consistency among regulations.
DATES: Written comments on the proposed rule must be received by
November 25, 2019.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2019-0077,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?D=NOAA-NMFS-2019-0077, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit written comments to Mary Vara, 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), 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 Regulatory Amendment 26 may be obtained from
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-26-vision-blueprint-recreational-measures. Regulatory Amendment 26 includes an
environmental assessment, a regulatory impact review, and a Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the Snapper-Grouper FMP and includes
queen snapper, silk snapper, blackfin snapper, and gray triggerfish,
along with other snapper-grouper species. The Snapper-Grouper FMP was
prepared by the Council and is implemented by NMFS through regulations
at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
Background
During a series of stakeholder meetings in 2014, the Council
gathered input from recreational and commercial fishers throughout the
South Atlantic region to develop a long-term strategic plan for
managing the snapper-grouper fishery. Based on that input, the Council
developed the 2016-2020 Vision Blueprint for the Snapper-Grouper
Fishery (Vision Blueprint). The Vision Blueprint identified the goals,
objectives, strategies, and actions that support the Council's vision
for the snapper-grouper fishery and centers around four goal areas:
Science, Management, Communication, and Governance. In 2015, the
Council prioritized action items in the Vision Blueprint that would be
addressed through amendments to the Snapper-Grouper FMP over the next 5
years. As part of this prioritization, the Council chose to focus on
actions that would address the seasonality of access to certain
snapper-grouper species and measures in order to lengthen fishing
seasons and better utilize existing annual catch limits (ACLs) in the
snapper-grouper fishery. To accomplish this, the Council began
development of two regulatory amendments to the Snapper-Grouper FMP to
address the commercial and recreational sectors, respectively.
Regulatory Amendment 26 includes modifications to recreational sector
management measures in the snapper-grouper fishery based on stakeholder
input. The purpose of the Council's actions in Regulatory Amendment 26
is to reduce regulatory discards, improve regulatory compliance among
fishers, and increase consistency among regulations. Separately, the
Council has submitted to NMFS the Vision Blueprint Commercial
Regulatory Amendment 27 to the Snapper-Grouper FMP, which would revise
commercial management measures in the snapper-grouper fishery, and it
is currently in the rulemaking process.
[[Page 57379]]
Management Measures Contained in This Proposed Rule
For the recreational sector, this proposed rule would remove the
minimum size limits for silk snapper, queen snapper, and blackfin
snapper, reduce the minimum size limit for gray triggerfish in the EEZ
off the east coast of Florida, and modify the snapper-grouper aggregate
bag limit for the 20-fish aggregate.
Minimum Size Limit for Queen Snapper, Silk Snapper, and Blackfin
Snapper
The deep-water complex includes yellowedge grouper, silk snapper,
misty grouper, queen snapper, sand tilefish, and blackfin snapper. This
proposed rule would remove the 12 inches (30.5 cm) total length (TL)
recreational minimum size limit for queen snapper, silk snapper, and
blackfin snapper. The remaining species in the deep-water complex do
not have a minimum size limit requirement. The current 12 inches (30.5
cm) TL minimum size limit for queen snapper, silk snapper, and blackfin
snapper was implemented early in the management of the snapper-grouper
fishery through Amendment 4 to the Snapper-Grouper FMP (56 FR 56016;
October 31, 1991), before estimates of discard mortality were
available, and prior to the creation of the various snapper-grouper
species complexes by the Council. All of the species in the deep-water
complex have high discard mortality as a result of the effects of
barotrauma from being harvested from deep water. NMFS expects that
removing the recreational minimum size limits would reduce discards
and, therefore, discard mortality.
Minimum Size Limit for Gray Triggerfish
The current recreational minimum size limit for gray triggerfish in
the South Atlantic EEZ off the east coast of Florida is 14 inches (35.6
cm) fork length (FL) and 12 inches (30.5 cm) FL, off North Carolina,
South Carolina, and Georgia. This proposed rule would reduce the
recreational minimum size limit for gray triggerfish to 12 inches (30.5
cm) FL in the EEZ off the east coast of Florida. In 2015, the 12-inch
(30.5-cm) FL minimum size limit was implemented for gray triggerfish in
the EEZ off North Carolina, South Carolina, and Georgia, and a minimum
size limit of 14 inches (35.6 cm) FL was implemented in the EEZ off the
east coast of Florida (80 FR 30947; June 1, 2015). This was a
precautionary action taken by the Council in response to their concerns
about the status of the South Atlantic gray triggerfish stock, to align
Federal regulations off the east coast of Florida with those in the
Gulf of Mexico, and to achieve consistency between state and Federal
regulations off the east coast of Florida. However, after the minimum
size limit went into effect on July 1, 2015, stakeholders in Florida
expressed concern to the Florida Fish and Wildlife Conservation
Commission (FWC) regarding an increasing number of gray triggerfish
discards in south Florida where the average size of gray triggerfish is
smaller than off northeast Florida. In response to that concern, the
FWC reduced the recreational minimum size limit of gray triggerfish in
Florida state waters from 14 inches (35.6 cm), FL to 12 inches (30.5
cm) FL in 2017, and requested that the Council develop consistent size
limit regulations in Federal waters. Reducing the recreational minimum
size limit to 12 inches (30.5 cm) FL would make the state and Federal
regulations for gray triggerfish consistent off the east coast of
Florida, and for all Federal waters throughout the Council's
jurisdiction. NMFS expects this action to reduce regulatory discards,
improve regulatory compliance among fishers, and increase consistency
among regulations.
20-Fish Snapper-Grouper Aggregate Bag Limit
This proposed rule would modify the 20-fish snapper-grouper
aggregate bag limit by specifying that no more than 10 fish can be of
any one species within the 20-fish aggregate. Currently, 14 snapper-
grouper species are included in the 20-fish aggregate bag limit for the
recreational sector. Recreational fishers in the South Atlantic EEZ may
retain 20 total fish per person per day for the following species:
Whitebone porgy, jolthead porgy, knobbed porgy, saucereye porgy, scup,
gray triggerfish, bar jack, almaco jack, banded rudderfish, lesser
amberjack, white grunt, margate, sailor's choice, and Atlantic
spadefish. These species do not have individual recreational bag
limits. The Council determined that modifying the 20-fish aggregate bag
limit in this way would allow recreational anglers to catch the same
number of fish overall as within the current limit, while limiting the
number of any one species within the 20-fish aggregate to 10 fish.
Because of stakeholder concerns over the status of the South Atlantic
gray triggerfish stock and large catches of Atlantic spadefish in
recent years, the Council chose to be proactive and limit the harvest
of these two species, as well as the remainder of the species in the
20-fish aggregate. In addition, the state of Florida currently limits
harvest of gray triggerfish to 10 fish per person per day in state
waters off its east coast. Therefore, this action to revise the
snapper-grouper 20-fish aggregate bag limit would also simplify the
regulatory environment by creating consistent regulations for
recreational fishing for and retention of gray triggerfish in state and
Federal waters off the east coast of Florida. In both cases (the size
limits for gray triggerfish, and the bag limits applicable to gray
triggerfish), the changes in this proposed rule would align the state
and Federal regulations for gray triggerfish off the east coast of
Florida.
Measures in Regulatory Amendment 26 Not in This Proposed Rule
During development of Regulatory Amendment 26, the Council
considered three related actions that would establish a deep-water
species aggregate, specify the recreational season for the deep-water
species aggregate, and specify the aggregate bag limit for the deep-
water species aggregate. Upon consideration, the Council decided not to
make changes based on these three actions because of the regional and
seasonal differences in access to some of the deep-water species in the
South Atlantic and the potential disproportionate negative effects on
some recreational fishers.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with Regulatory Amendment 26, the Snapper-Grouper 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. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under E.O.
12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration for purposes of the RFA 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 determination is
as follows.
A description of the proposed rule and its purpose are contained at
the beginning of the SUPPLEMENTARY INFORMATION section and in the
SUMMARY section of the preamble. The Magnuson-Stevens Act provides the
statutory basis for this rule. No duplicative,
[[Page 57380]]
overlapping, or conflicting Federal rules have been identified. In
addition, no new reporting, record keeping, or other compliance
requirements are introduced by this proposed rule. Accordingly, this
proposed rule does not implicate the Paperwork Reduction Act.
The proposed action would apply only to the recreational sector of
the South Atlantic snapper-grouper fishery. This proposed action would
remove the recreational minimum size limits for queen snapper, silk
snapper, and blackfin snapper; reduce the recreational minimum size
limit for gray triggerfish in the EEZ off the east coast of Florida;
and modify the snapper-grouper 20-fish aggregate bag limit.
Recreational anglers fishing for snapper-grouper species would be
directly affected by the proposed action, but anglers are not
considered business entities under the RFA. For-hire vessels (charter
vessels and headboats) would also be affected by this action, but only
in an indirect way. For-hire businesses operate in the recreational
sector, but these businesses only sell fishing services to recreational
anglers. Even though expectations of successful fishing, however
defined, likely factor into the decision by anglers to purchase these
services, for-hire vessels provide a platform for the opportunity to
fish and not a guarantee to catch or harvest any species. Because the
effects on for-hire vessels would be indirect, they are outside the
scope of the RFA. Therefore, the proposed actions in Regulatory
Amendment 26 would not directly affect any small business entities in
the snapper-grouper fishery.
Primarily for informational purposes to the public in this proposed
rule, the following description of small entities (i.e., for-hire
vessels) indirectly affected by the proposed action is provided.
Charter vessels and headboats (also called party boats) are the two
types of vessels operating in the for-hire business industry. Although
charter vessels tend to be smaller, on average, than headboats, the key
distinction between the two types of operations is how the fee is
typically determined. On a charter vessels trip, the fee charged is for
the entire vessel, regardless of how many passengers are carried,
whereas the fee charged for a headboat trip is paid per individual
angler.
A Federal charter vessel/headboat snapper-grouper permit (South
Atlantic for-hire permit) is required for harvesting snapper-grouper
species when fishing on for-hire vessels. The South Atlantic for-hire
permit is an open access permit. As of June 2, 2019, there were 1,743
valid (non-expired) or renewable South Atlantic for-hire permits. A
renewable permit is an expired permit that may not be actively fished,
but is renewable for up to 1 year after expiration. Some vessel owners
may have obtained open access permits as insurance for uncertainties in
the fisheries in which they currently operate. From 2012 through 2016,
the lowest number of for-hire vessel permits occurred in 2014 and the
highest occurred in 2016. The majority of snapper-grouper for-hire
permitted vessels were home-ported in Florida, and approximately 10
percent of the total number of for-hire snapper-grouper vessels are
home-ported in states outside of the Council's area of jurisdiction.
Although the for-hire permit application collects information on the
primary method of operation, the resultant permit itself does not
identify the permitted vessel as either a charter vessel or a headboat.
This is because operation as either a charter vessel or headboat is not
restricted by the permitting regulations, and vessels may operate in
both capacities under the permit. However, according to the NMFS
Southeast Region Headboat Survey, there were 63 headboats operating in
the South Atlantic.
Economic value for for-hire vessels can be measured by producer
surplus (PS) per passenger trip (the amount of money that a vessel
owner earns in excess of the cost of providing the trip). Estimates of
the PS per for-hire passenger trip are not available. Instead, net
operating revenue (NOR), which is the return used to pay all labor
wages, returns to capital and owner profits, is used as a proxy for PS.
For the South Atlantic region, estimated NOR values are $165 per
charter angler trip and $45 per headboat angler trip. To calculate the
economic effects on for-hire vessels, these NOR values would have to be
multiplied by the changes in for-hire angler trips. Due to the absence
of data regarding the complex nature of angler behavior, it is not
possible to estimate the potential changes in angler trips. However, it
is likely that for-hire trips would not be substantially reduced
because of the presence of alternative species that anglers can target
and catch. It is, therefore, likely that the NOR effects on for-hire
vessels would be relatively small.
Regulatory Amendment 26 also considered three related actions that
would have established a deep-water species aggregate, specified the
recreational season for the deep-water species aggregate, and specified
the aggregate bag limit for the deep-water species aggregate. Because
the Council chose the no action alternative for each of these actions,
they would have no economic effects on directly or indirectly affected
small entities.
The information provided above supports a determination that this
proposed rule would not directly affect any small entities in the
snapper grouper fishery, and that it would not likely have a
significant economic impact on even indirectly affected entities.
Therefore, this proposed rule would not have a significant economic
impact on a substantial number of small entities. Because this proposed
rule, if implemented, is not expected to have a significant economic
impact on any small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 622
Bag limits, Fisheries, Fishing, Grouper, Size limits, Snapper,
South Atlantic.
Dated: October 21, 2019.
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. 622.185, revise paragraphs (a)(3) and (c)(2) to read as
follows:
Sec. 622.185 Size limits.
* * * * *
(a) * * *
(3) Cubera, gray, and yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
(c) * * *
(2) Gray triggerfish--12 inches (30.5 cm), FL.
* * * * *
0
3. In Sec. 622.187, revise paragraph (b)(8) to read as follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(8) South Atlantic snapper-grouper (whitebone porgy, jolthead
porgy, knobbed porgy, saucereye porgy, scup, almaco jack, banded
rudderfish, lesser amberjack, white grunt, margate, sailor's choice,
Atlantic spadefish, gray triggerfish, bar jack), combined--20. However,
excluded from this 20-fish bag limit are tomtate, South Atlantic
snapper-grouper ecosystem component species (specified in Table 4 of
[[Page 57381]]
Appendix A to part 622), and those specified in paragraphs (b)(1)
through (7) and paragraphs (b)(9) and (10) of this section. Within the
20-fish bag limit, no more than 10 fish can be of any one of these
single snapper-grouper species.
* * * * *
[FR Doc. 2019-23267 Filed 10-24-19; 8:45 am]
BILLING CODE 3510-22-P