[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11307-11309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03833]



[[Page 11307]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200220-0060]
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: Final rule.

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SUMMARY: NMFS implements 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 final rule removes the minimum size 
limits for queen snapper, silk snapper, and blackfin snapper, reduces 
the minimum size limit for gray triggerfish in the exclusive economic 
zone (EEZ) off the east coast of Florida, and modifies the 20-fish 
snapper-grouper aggregate bag limit. The purpose of this final rule is 
to minimize regulatory discards to the extent practicable, improve 
regulatory compliance among fishers, and increase consistency among 
regulations.

DATES: This final rule is effective on March 30, 2020.

ADDRESSES: Electronic copies of Regulatory Amendment 26 may be obtained 
from www.regulations.gov or the NOAA Fisheries 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).
    On October 25, 2019, NMFS published a proposed rule for Regulatory 
Amendment 26 in the Federal Register and requested public comment (84 
FR 57378). Regulatory Amendment 26 and the proposed rule outline the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in Regulatory Amendment 26 and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    For the recreational sector, this final rule removes the minimum 
size limits for silk snapper, queen snapper, and blackfin snapper, 
reduces the minimum size limit for gray triggerfish in the EEZ off the 
east coast of Florida, and modifies the snapper-grouper aggregate bag 
limit for the 20-fish aggregate.

Minimum Size Limit for Queen Snapper, Silk Snapper, and Blackfin 
Snapper

    Queen snapper, silk snapper, and blackfin snapper are part of the 
deep-water complex. Prior to this final rule, the recreational minimum 
size limit for queen snapper, silk snapper, and blackfin snapper was 12 
inches (30.5 cm) total length (TL), although the remaining species in 
the deep-water complex do not have a specified minimum size limit 
requirement. Because these species have a high discard mortality as a 
result of the effects of barotrauma from being harvested in deep water, 
the Council determined that removing the commercial minimum size limit 
for queen snapper, silk snapper, and blackfin snapper would reduce 
discards and discard mortality for these species. Therefore, this final 
rule removes the recreational minimum size limit for queen snapper, 
silk snapper, and blackfin snapper.

Minimum Size Limit for Gray Triggerfish

    This final rule reduces the recreational minimum size limit from 14 
inches (35.6 cm) fork length (FL) to 12 inches (30.5 cm) FL for gray 
triggerfish 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). 
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 increasing discards of 
gray triggerfish in south Florida where the average size of gray 
triggerfish is less than that off northeast Florida. In response to 
that concern, the FWC reduced the recreational minimum size limit of 
gray triggerfish in state waters to 12 inches (30.5 cm) FL in 2015 
(incorrectly stated in the preamble of the proposed rule as 2017), and 
requested that the Council develop consistent size limit regulations in 
Federal waters for gray triggerfish. Therefore, reducing the 
recreational minimum size limit to 12 inches (30.5 cm) FL in the EEZ 
off the east coast of Florida will make these state and Federal 
regulations for gray triggerfish consistent throughout the Council's 
jurisdiction.

20-Fish Snapper-Grouper Aggregate Bag Limit

    This final rule modifies 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. There are 14 snapper-grouper species 
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 also simplifies the regulatory

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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 final rule align the state and Federal regulations for 
gray triggerfish off the east coast of Florida for the benefit of 
fishers and law enforcement.

Comments and Responses

    NMFS received eight comments from individuals during the public 
comment period on the proposed rule for Regulatory Amendment 26. Five 
of the comments offered were in general support of the actions in the 
proposed rule. NMFS acknowledges the comments in favor of all or part 
of the actions in the proposed rule and agrees with them. Three 
comments that were beyond the scope of the proposed rule are not 
responded to in this final rule. Three comments opposed an action 
contained in Regulatory Amendment 26 and the proposed rule; these 
comments are grouped into two categories and summarized below, along 
with NMFS' responses.
    Comment 1: The recreational minimum size limit should not be 
removed for blackfin, queen, or silk snapper. This action will 
negatively impact the fish population by allowing harvest of juvenile 
fish. These species are struggling to recover from overfishing and they 
are rarely caught above the minimum size limit. Instead, there should 
be larger size restrictions.
    Response: NMFS disagrees that the minimum size limit for these 
species should not be removed. These three deep-water snapper species 
are the only deep-water snapper-grouper species for which there is a 
minimum size limit in Federal waters of the South Atlantic. The minimum 
size limit was put in place early in the management of these species 
before estimates of discard mortality were available and before the 
designation of the various species complexes. Snapper-grouper species 
that inhabit deep-water are typically associated with very high discard 
mortality when caught and brought to the vessel due to the effects from 
barotrauma (the expansion of gas in a fish's swim bladder, which causes 
bloating and prevents the fish from regulating its buoyancy). These 
deep-water species include blueline tilefish, golden tilefish, snowy 
grouper, wreckfish, and fish in the in the Deep-water Complex 
(yellowedge grouper, silk snapper, misty grouper, queen snapper, sand 
tilefish, and blackfin snapper). Because most of these fish that are 
discarded will subsequently die, the Council determined that removing 
the minimum size limit requirements for queen snapper, silk snapper, 
and blackfin snapper will minimize discard mortality in the snapper-
grouper fishery.
    Comment 2: The minimum size limit for gray triggerfish should 
either remain at 14 inches (35.6 cm) FL or should be increased. Adults 
can grow up to 28 inches (71.1 cm) FL, so reducing the minimum size 
limit to 12 inches (30.5 cm) FL will allow juvenile fish and young 
adults to be caught, which is harmful to the population. Stock status 
is a concern, as we are not catching adult-sized gray triggerfish.
    Response: NMFS disagrees that reducing the minimum size limit will 
be harmful to the gray triggerfish population. NMFS acknowledges that 
this action would allow the removal of smaller fish, which could reduce 
the number of times a fish spawns. However, the most recent stock 
assessment (SEDAR 41, 2016) shows that the species is not undergoing 
overfishing and that gray triggerfish have opportunities to spawn 
before reaching the revised minimum size limit.
    In addition, from 1995 to 2015, the minimum size limit for gray 
triggerfish in the EEZ off Florida was 12 inches (30.5 cm) FL. That 
minimum size limit was modified in 2015 through the implementation of 
Amendment 29 to the Snapper-Grouper FMP to 12 inches (30.5 cm) FL in 
the EEZ off North Carolina, South Carolina, and Georgia, and to 14 
inches (35.6 cm) FL in the EEZ off the east coast of Florida (80 FR 
30947; June 1, 2015). The 2015 modification to the minimum size limit 
in Amendment 29 was a precautionary action taken by the Council and 
NMFS to respond to concerns about the status of the gray triggerfish 
stock in the South Atlantic, to align the east coast of Florida 
regulations 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 revised minimum size limit went into effect on 
July 1, 2015, stakeholders in Florida voiced concern to the FWC 
regarding increasing discards of gray triggerfish in south Florida 
where the average size of gray triggerfish is less than that off 
northeast Florida. In response, the FWC reduced the recreational 
minimum size limit of gray triggerfish to 12 inches (30.5 cm) FL later 
in 2015, and requested that the Council implement consistent gray 
triggerfish minimum size limit regulations.
    The Council chose to reduce the minimum size limit to 12 inches 
(30.5 cm) FL to be consistent with the current Florida state regulation 
and the regulations in place in the EEZ off the rest of the South 
Atlantic states. Because annual catch limits and accountability 
measures are in place to prevent overfishing, NMFS has determined that 
the action will not jeopardize the sustainability of the stock, and 
that will reduce discards and promote a more consistent regulatory 
environment for stakeholders and enforcement agencies.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the Regulatory 
Amendment 26, the FMP, the Magnuson-Stevens Act, and other applicable 
law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. This rule is not an E.O. 
13771 regulatory action because this rule is not significant under E.O. 
12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination was 
published in the proposed rule and is not repeated here. No comments 
from the public or SBA's Chief Counsel for Advocacy were received 
regarding the certification, and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 622

    Bag limits, Deep-water, Fisheries, Fishing, Florida, Fork Length, 
Grouper, Size limits, Snapper, South Atlantic.

    Dated: February 20, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 622 is amended as 
follows:

[[Page 11309]]

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 
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. 2020-03833 Filed 2-26-20; 8:45 am]
 BILLING CODE 3510-22-P