[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Proposed Rules]
[Pages 57840-57843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23437]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 191022-0068]
RIN 0648-BJ31


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 30

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 management measures described in 
Regulatory Amendment 30 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 red grouper, this proposed rule would modify the 
spawning season closures for the commercial and recreational sectors in 
the exclusive economic zone (EEZ) off North Carolina and South Carolina 
and establish a commercial trip limit. Additionally, Regulatory 
Amendment 30 would revise the rebuilding schedule for red grouper. The 
purpose of this proposed rule and Regulatory Amendment 30 is to modify 
the rebuilding schedule and extend protections for red grouper.

DATES: Written comments on the proposed rule must be received by 
November 29, 2019.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2019-0117,'' by either of the following methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0117, 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 30 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-30-red-grouper-rebuilding-plan. Regulatory Amendment 30 includes an environmental 
assessment, a regulatory impact review, and an initial regulatory 
flexibility analysis (IRFA).

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 
red grouper, among 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

    In 2010, a Southeast Data, Assessment and Review (SEDAR) benchmark 
assessment (SEDAR 19, 2010) was completed for South Atlantic red 
grouper. Based on the results of SEDAR 19, NMFS determined that red 
grouper was overfished and undergoing overfishing. Amendment 24 to the 
Snapper-Grouper FMP established a 10-year rebuilding plan that began in 
2011, with an end date of 2020 (77 FR 34254; June 11, 2012). Management 
measures implemented through Amendment 24 modified red grouper 
commercial and recreational annual catch limits (ACLs), and sector-
specific accountability measures (AMs). Amendment 24 also removed the 
combined gag, black grouper, and red grouper commercial quota as well 
as the commercial and recreational ACLs and AMs.
    A stock assessment update (SEDAR 53) for red grouper was completed 
in February 2017 using data through 2015. SEDAR 53 indicated the stock 
was still overfished and undergoing overfishing, and that stock 
rebuilding would not be possible by 2020, which is the terminal

[[Page 57841]]

year of the current rebuilding plan. Therefore, on September 27, 2017, 
NMFS sent a letter to the Council stating that the South Atlantic red 
grouper stock was overfished and undergoing overfishing and not making 
adequate progress towards rebuilding. The Magnuson-Stevens Act requires 
the implementation of management measures to end overfishing 
immediately and revise or implement a rebuilding plan within 2 years of 
notification by NMFS to the Council of this stock status. NMFS 
implemented actions in Abbreviated Framework Amendment 1 to the FMP on 
August 27, 2018 (83 FR 35435), to immediately end overfishing of red 
grouper by reducing the total, commercial, and recreational ACLs based 
on the acceptable biological catch recommendation from the Council's 
Scientific and Statistical Committee.
    Continued harvest at the levels specified in Abbreviated Framework 
Amendment 1 is expected to allow for rebuilding the red grouper stock 
within 10 years, but because the stock is not projected to fully 
rebuild by 2020 (SEDAR 53), the Council must revise the current 
rebuilding plan so the stock rebuilds in the timeframe mandated by the 
Magnuson-Stevens Act. Regulatory Amendment 30 addresses the proposed 
revision to the rebuilding plan and is discussed below.
    The proposed rule for Regulatory Amendment 30 would extend the red 
grouper spawning season prohibition for the commercial and recreational 
sectors in the EEZ off North Carolina and South Carolina in response to 
stakeholder concerns that red grouper are often found in spawning 
condition past the January through April shallow-water grouper spawning 
season closure, particularly in May. The proposed rule also establishes 
a commercial trip limit for red grouper to help rebuild the stock and 
discourage direct fishing for the species.

Management Measures Contained in This Proposed Rule

    For red grouper, this proposed rule would modify the spawning 
season closure for the commercial and recreational sectors in the EEZ 
off North Carolina and South Carolina, and establish a commercial trip 
limit.

Commercial and Recreational Spawning Season Closure

    Currently, the commercial and recreational spawning season closure 
for shallow-water groupers, which includes red grouper, is January 
through April each year throughout the South Atlantic EEZ. In the EEZ 
off North Carolina and South Carolina, red grouper spawning occurs 
during February through June and peaks in April. This proposed rule 
would extend the January through April spawning season closure for red 
grouper through May in the EEZ off North Carolina and South Carolina 
for both the commercial and recreational sectors.
    This action was developed in response to stakeholder concerns that 
red grouper are often found in spawning condition past the January 
through April shallow-water grouper spawning season closure, 
particularly in May, in the EEZ off North Carolina and South Carolina. 
The Council did not propose a similar May closure for the EEZ off 
Georgia or Florida in Regulatory Amendment 30 based on stakeholder 
feedback that red grouper spawn earlier in the year in the southern 
part of the Council's jurisdiction. Additionally, the Council noted 
that there are minimal landings of red grouper in Georgia, which would 
preclude the need to extend the closure past April in the EEZ off that 
state. This proposed rule would also extend the prohibition on 
commercial sale and purchase of red grouper in the EEZ off South 
Carolina and North Carolina from January through May as part of the 
revised spawning season closure.

Commercial Trip Limit

    There is currently no commercial trip limit for red grouper in the 
South Atlantic. This proposed rule would establish a commercial trip 
limit for red grouper harvested in the South Atlantic EEZ of 200 lb (91 
kg), gutted weight. The Council determined that the proposed trip limit 
would help to rebuild the red grouper stock by discouraging directed 
commercial fishing for the species. However, the proposed trip limit 
would likely not substantially reduce the current level of commercial 
harvest of red grouper as the majority of trips historically have 
landed less than 200 lb (91 kg) of red grouper. The trip limit would 
minimize adverse socio-economic effects by allowing fishers to retain 
red grouper caught incidentally when fishing for other snapper-grouper 
species. The Council selected a commercial trip limit that in 
combination with extending the spawning season closure for red grouper 
off North Carolina and South Carolina would constrain harvest to help 
rebuild the stock. Further, the Council chose a trip limit that was 
large enough to allow fishers for whom red grouper are an important 
species (such as those in South Florida and the Florida Keys) to 
maintain some trip profitability.

Measures in Regulatory Amendment 30 Not Codified in This Proposed Rule

    The Council selected a 10-year rebuilding plan for red grouper in 
Regulatory Amendment 30, which is the maximum allowed under the 
Magnuson-Stevens Act, and would begin in 2019 (Year 1) and end in 2028 
(Year 10). The Council determined that a longer time period for red 
grouper to rebuild would better accommodate the uncertainty relative to 
recruitment and stock productivity. As described in Regulatory 
Amendment 30, the red grouper stock has been experiencing multiple 
years of low recruitment (as evidenced by the SEDAR 53 stock 
assessment), and the lack of stock rebuilding progress may largely be 
due to ecosystem-related factors.
    Implementation of reduced total and sector ACLs beginning in 2018, 
which was specified in Abbreviated Framework Amendment 1, is expected 
to end overfishing of South Atlantic red grouper. Given that poor 
recruitment appears to be the primary factor currently affecting stock 
rebuilding, and the projections upon which the rebuilding schedules 
alternatives in Regulatory Amendment 30 are based assumed long-term 
average recruitment, the Council selected the alternative for the 
longest rebuilding schedule (10 years) to account for the possibility 
that future recruitment might be lower than assumed in the projections.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Snapper-Grouper FMP, the Magnuson-Stevens Act, and 
other applicable laws, subject to further consideration after public 
comment.
    This 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.
    NMFS prepared an IRFA, as required by section 603 of the RFA, for 
this proposed rule. The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, the objectives of, and legal 
basis for this action are contained at the beginning of this section in 
the preamble and in the SUMMARY section of the preamble. A copy of the 
full analysis is available from NMFS (see ADDRESSES). A summary of the 
IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed

[[Page 57842]]

rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. A description of this proposed rule and its purpose 
and need are contained in the SUMMARY section of the preamble.
    The rule concerns commercial and recreational fishing for red 
grouper in Federal waters of the South Atlantic. It directly effects 
both anglers (recreational fishers) and commercial fishing businesses 
that harvest red grouper in the South Atlantic EEZ.
    Anglers are not considered small entities as that term is defined 
in 5 U.S.C. 601(6), whether fishing from for-hire fishing, private, or 
leased vessels. Therefore, neither estimates of the number of anglers 
nor the impacts on them are required or provided in this analysis.
    Any business that operates a commercial fishing vessel that 
harvests red grouper in the South Atlantic EEZ must have a valid 
Federal snapper-grouper permit attached to that vessel.
    From 2013 through 2017, an annual average of 225 commercially 
permitted vessels reported landings of red grouper. That annual average 
declined to 210 from 2015 through 2017. Those two annual averages are 
used to estimate the range of vessels. NMFS expects all of the 
businesses with the 210 to 225 vessels operate primarily in the 
commercial fishing industry. For RFA purposes, NMFS has established a 
small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily involved in commercial fishing (NAICS 
11411) is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts are not in excess of $11 
million for all of its affiliated operations worldwide. The average 
annual total revenue for a vessel that lands red grouper is 
substantially less than that. Moreover, none of the permitted vessels 
that landed red grouper had annual revenue close to or greater than $11 
million. Hence, all of the businesses that operate permitted vessels 
that land red grouper are small.
    This rule would not impose additional reporting or record-keeping 
requirements on small businesses. The action in Regulatory Amendment 30 
to change the rebuilding schedule would have an indirect impact on 
small businesses but that impact is dependent on subsequent actions. 
The action to revise the seasonal closure for the recreational sector 
would have a direct impact on anglers, but as explained previously, 
anglers are not small entities.
    The action to revise the seasonal closure for the commercial sector 
would add the month of May to the current January through April 
prohibition on fishing for and possession of red grouper in Federal 
waters off North Carolina and South Carolina. That additional month 
would eliminate from 6,956 lb (3,155 kg), gutted weight, to 12,477 lb 
(6,660 kg), gutted weight, of red grouper commercially landed in May, 
and the average annual loss per Carolina vessel that lands red grouper 
in May would range from 141 lb (64 kg), gutted weight, to 210 lb (95 
kg), gutted weight, and from $649 to $977 (2017 dollars). However, when 
differentiated by state, the action would reduce the average North 
Carolina vessel's annual revenue by $497 to $649 (2017 dollars) (1.3 
percent to 1.8 percent) and reduce the average South Carolina vessel's 
annual revenue by $713 to $977 (2017 dollars) (0.6 percent to 0.7 
percent).
    Finally, the last action would establish a 200-lb (91 kg), gutted 
weight, commercial trip limit in Federal waters of the South Atlantic 
in effect when fishing is allowed. From 2013 through 2017, an annual 
average of nine vessels landed more than 200 lb (91 kg), gutted weight, 
of red grouper in North Carolina and South Carolina from June through 
December. Those nine vessels represent from 9.7 percent to 11.9 percent 
of the vessels that land red grouper annually in North Carolina and 
South Carolina. The proposed trip limit would reduce average landings 
by 107-117 lb (49-53 kg), gutted weight, per trip and average dockside 
revenue from $498 to $538 (2017 dollars). Those losses represent less 
than 1 percent of average annual revenues for North Carolina and South 
Carolina vessels.
    An annual average of three vessels make seven trips that land more 
than 200 lb (91 kg), gutted weight, of red grouper in Georgia and 
Florida from May through December. Those three Florida/Georgia vessels 
represent from 2.1 percent to 2.2 percent of permitted vessels that 
land red grouper in Georgia and Florida annually. NMFS estimates that 
each of the three vessels would lose from $3,441 to $3,471 (2017 
dollars) in dockside revenue annually. Those figures represent from 6.5 
percent to 6.6 percent of the average Florida/Georgia vessel's dockside 
revenue from all landings; however, the three vessels have annual 
revenues substantially greater than the average for the 134 to 143 
Florida/Georgia vessels that land red grouper annually.
    NMFS concludes this rule may have a significant economic impact on 
a substantial number of small commercial fishing businesses that 
operate federally permitted fishing vessels that harvest red grouper 
from the South Atlantic EEZ.
    Four alternatives to adding May to the current 4-month January 
through April prohibition on fishing for or possessing red grouper in 
Federal waters off North Carolina and South Carolina were considered, 
but were not selected. The first alternative, the status quo, would 
have no impact on small businesses. Two non-selected alternatives would 
change the timing of the 4-month prohibition: From either February 
through May or March through June. A prohibition from February through 
May would have a smaller adverse impact than the selected alternative; 
however, it would have a smaller beneficial impact on the stock because 
snapper-grouper fishing off North Carolina and South Carolina is at its 
lowest from January through March. A March through June prohibition 
would extend into the red grouper season that is in Federal waters off 
North Carolina and off South Carolina, and its adverse impact would be 
larger than the selected alternative. The fourth non-selected 
alternative would establish a 6-month prohibition that would have the 
largest adverse economic impact of all alternatives.
    Four alternatives to a 200-lb (91-kg), gutted weight, trip limit 
were considered, but were not selected. In addition to the status quo 
of no commercial trip limit, three other alternatives would have 
established smaller trip limits. Those three alternatives would have a 
larger adverse economic impact than the selected alternative.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Red grouper, Seasonal prohibition, 
South Atlantic, Trip limits.

    Dated: October 22, 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, 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.  622.183, revise paragraph (b)(1) to read as follows:

[[Page 57843]]

Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (1) Seasonal closure of the commercial and recreational sectors for 
gag and associated grouper species. During January through April each 
year, no person may fish for, harvest, or possess in or from the South 
Atlantic EEZ any South Atlantic shallow-water grouper (SASWG): Gag, 
black grouper, red grouper, scamp, red hind, rock hind, yellowmouth 
grouper, yellowfin grouper, graysby, and coney. For a person on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, these 
prohibitions against fishing, harvesting, or possessing apply in the 
South Atlantic, i.e., in state or Federal waters. Additionally, in the 
month of May, no person may fish for, harvest, or possess any South 
Atlantic red grouper in or from the South Atlantic EEZ off North 
Carolina or off South Carolina. For a person on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, these prohibitions 
against fishing, harvesting, or possessing red grouper in May apply in 
state waters off North Carolina and off South Carolina.
* * * * *
0
3. In Sec.  622.191, add paragraph (a)(14) to read as follows:


Sec.  622.191  Commercial trip limits.

    (a) * * *
    (14) Red grouper. Until the commercial ACL specified in Sec.  
622.193(d)(1)(iii) is reached--200 lb (91 kg), gutted weight; 236 lb 
(107 kg), round weight. See Sec.  622.193(d)(1) for the limitations 
regarding red grouper after the commercial ACL is reached.
* * * * *
0
4. In Sec.  622.192, revise paragraph (h) to read as follows:


Sec.  622.192  Restrictions on sale/purchase.

* * * * *
    (h) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, or coney harvested 
from or possessed in the South Atlantic EEZ or, if harvested or 
possessed by a vessel for which a valid Federal commercial permit for 
South Atlantic snapper-grouper has been issued, harvested from the 
South Atlantic, i.e., in state or Federal waters. Additionally, in the 
month of May, no person may sell or purchase South Atlantic red grouper 
harvested from or possessed in the South Atlantic EEZ off North 
Carolina or off South Carolina, or, if harvested or possessed by a 
vessel for which a valid Federal commercial permit for South Atlantic 
snapper-grouper has been issued, harvested in or from the EEZ or state 
waters off North Carolina or off South Carolina. The prohibitions on 
sale and purchase during January through May do not apply to such 
species that were harvested, landed ashore, and sold prior to January 1 
and were held in cold storage by a dealer or processor. These 
prohibitions also do not apply to a dealer's purchase or sale of such 
species harvested from an area other than the South Atlantic, provided 
such fish are accompanied by documentation of harvest outside the South 
Atlantic. The requirements for such documentation are specified in 
paragraph (i) of this section.
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[FR Doc. 2019-23437 Filed 10-28-19; 8:45 am]
 BILLING CODE 3510-22-P