[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Proposed Rules]
[Pages 28924-28926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10107]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200506-0128]
RIN 0648-BJ55


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 33

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 33 to the Fishery Management Plan (FMP) 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). If implemented, this proposed rule would 
remove the requirement that if the South Atlantic red snapper season 
(commercial or recreational) is projected to be 3 days or less, the 
respective season would not open for that fishing year. The purpose of 
this proposed rule is to improve access to South Atlantic red snapper, 
particularly for the recreational sector.

DATES: Written comments on the proposed rule must be received by June 
15, 2020.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2020-0017,'' 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-2020-0017, click the ``Comment

[[Page 28925]]

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 Regulatory Amendment 33 to the Snapper Grouper 
FMP (Regulatory Amendment 33) may be obtained from www.regulations.gov 
or the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/regulatory-amendment-33-red-snapper-fishing-seasons. Regulatory Amendment 33 includes an environmental 
assessment, regulatory impact review, and Regulatory Flexibility 
Analysis (RFA).

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the snapper-
grouper fishery under the Snapper-Grouper FMP, which includes red 
snapper. 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) (16 U.S.C. 1801 et seq.).

Background

    The harvest of red snapper from South Atlantic Federal waters was 
prohibited in 2010 through Amendment 17A to the Snapper Grouper FMP 
when the stock was determined to be overfished and undergoing 
overfishing (75 FR 76874; December 9, 2010). In 2013, the Council 
developed a process for allowing limited harvest of red snapper through 
Amendment 28 to the Snapper-Grouper FMP (78 FR 44461; July 24, 2013). 
In 2018, the Council revised the commercial and recreational annual 
catch limits (ACLs) through Amendment 43 to the Snapper-Grouper FMP (83 
FR 35428; July 26, 2018).
    The commercial ACL is 124,815 lb (56,615 kg) round weight, and the 
commercial season begins on the second Monday in July each year. The 
commercial ACL is monitored during the season and the sector is closed 
when the ACL is reached or projected to be reached. The commercial 
fishing season was open for 60 days in 2017, 116 days in 2018, and 54 
days in 2019.
    The recreational ACL is 29,656 fish and the season begins on the 
second Friday in July, and the recreational season consists of weekends 
only (Friday, Saturday, and Sunday). The length of the recreational red 
snapper season is projected based on catch rate estimates from previous 
years, and the length of the projected fishing season is announced each 
year in the Federal Register before the start of the season.
    For South Atlantic red snapper, NMFS annually projects the number 
of days that it would take for the commercial and recreational sectors 
to reach their respective ACL. If NMFS projects the South Atlantic red 
snapper season (commercial or recreational) to be 3 days or less, the 
respective season would not open for that fishing year. Under both 
current and proposed regulations, the red snapper commercial and 
recreational seasons are projected and managed independently of each 
other; that is, harvest for one sector can occur without the other. 
NMFS notes that to date, there has not been a fishing year where one 
sector was allowed harvest of red snapper and the other was not. NMFS 
initially implemented the 3-day minimum season length provision in 2013 
because the Council determined in Amendment 28 to the Snapper-Grouper 
FMP that a season of less than 4 days would not provide sufficient 
fishing opportunity to the public (78 FR 44461, July 24, 2013).
    Recreational fishermen have expressed concern to the Council and 
NMFS that as the South Atlantic red snapper population recovers and 
catch rates improve, access to the red snapper resource could decline 
due to shortened fishing seasons. Specifically, as the red snapper 
population rebuilds, more fish are available for harvest and the South 
Atlantic red snapper recreational fishing season has generally 
experienced increased effort over the last 3 years, particularly off 
the east coast of Florida. Since the recreational red snapper ACL has 
remained the same over recent years, fishing seasons in future years 
could get shorter despite the population rebuilding because the ACL 
would be met in less time due to the increased effort and increased 
availability of fish. The length of the red snapper recreational season 
has declined from 10 days in 2017, to 6 days in 2018, and to 5 days in 
2019 as a result of the recreational ACL being projected to be reached 
sooner in each year. To better ensure recreational access to red 
snapper regardless of season length projections, the Council is 
proposing in Regulatory Amendment 33 to remove the 3-day minimum season 
length requirement. In addition, because the commercial season for red 
snapper has remained open for several months each year in recent years 
when harvest of red snapper was allowed, NMFS expects that the 
commercial season duration will not be impacted by this action.

Management Measures Contained in This Proposed Rule

    This proposed rule would remove the requirement that if a red 
snapper season (commercial or recreational) is projected by NMFS to be 
3 days or less, the respective fishing season will not open for that 
fishing year. If this provision is removed, red snapper harvest could 
be open for either commercial or recreational harvest for less than 4 
days. Therefore, for the recreational sector specifically, this measure 
could allow for a fishing season to occur that otherwise would not be 
allowed under the existing regulations. NMFS expects this measure to 
increase the flexibility for recreational sector access to red snapper 
and enhance recreational fishing opportunities. NMFS notes that if this 
measure is implemented, the recreational ACL and accountability 
measures are not changing in this rule, and thus the measure is not 
expected to negatively impact the stock.
    NMFS is analyzing the data and information on which the 2020 season 
length is based, and expects to announce information about the 2020 
recreational and commercial fishing seasons soon.

Management Measure in Regulatory Amendment 33 Not in This Proposed Rule

    Regulatory Amendment 33 also contains an action to consider 
changing the start date of the commercial season. Currently, unless 
otherwise specified, the commercial season is expected to open on the 
second Monday of July. The Council considered different commercial 
season start dates of May 1 and the second Monday of June in Regulatory 
Amendment 33. However, after receiving public input the Council decided 
not to modify the start date for the commercial red snapper season. The 
Council determined that a commercial season start date change may not 
benefit

[[Page 28926]]

the majority of stakeholders or provide overall biological benefits to 
the red snapper stock. The Council also determined that the change 
would likely create conflict between the commercial and recreational 
sectors as the red snapper season for the commercial sector would begin 
over a month before the recreational sector. Therefore, the current 
commercial season start date of the second Monday in July will remain 
in place.

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 33, 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 expected to be an 
Executive Order 13771 deregulatory action.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) 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, 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.
    This proposed rule would remove the requirement that if the South 
Atlantic red snapper season (commercial or recreational) is projected 
to be 3 days or less, the respective season would not open for that 
fishing year. Because the RFA does not apply to recreational anglers, 
only the effects on commercial vessels were analyzed. Any impact to the 
profitability or competitiveness of charter vessel and headboat (for-
hire) fishing businesses would be the result of changes in for-hire 
angler demand and would, therefore, be indirect in nature; the RFA does 
not consider indirect impacts.
    The proposed action would directly affect federally permitted 
commercial fishermen fishing for South Atlantic red snapper. For RFA 
purposes only, 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 engaged in 
commercial fishing (NAICS code 11411) is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide.
    Any fishing vessel that harvests and sells any of the snapper-
grouper species from the South Atlantic exclusive economic zone must 
have a valid South Atlantic commercial snapper-grouper permit, which is 
a limited access permit. As of January 23, 2020, there were 523 valid 
or renewable South Atlantic snapper-grouper unlimited permits and 104 
valid or renewable 225-lb (102 kg) trip-limited permits. After a permit 
expires, it can be renewed or transferred up to 1 year after the date 
of expiration. In any given year, however, not all federally permitted 
commercial vessels harvest red snapper in the South Atlantic. From 2014 
through 2018, an average of 113 federally permitted commercial vessel 
took 749 trips and landed approximately 49,000 lb (22,226 kg), gutted 
weight, of red snapper and 306,000 lb (138,799 kg), gutted weight, of 
other species co-harvested with red snapper. These vessels also took an 
average of 3,128 trips that landed approximately 1.94 million lb 
(879,968 kg), gutted weight, of various species but without red 
snapper. These vessels generated a total of approximately $8.40 million 
(2018 dollars) of revenues from all species, of which approximately 
$1.03 million (2018 dollars) were from red snapper. The 2014-2018 
average revenue per vessel was approximately $84,000 (2018 dollars). 
The average annual price per lb, gutted weight, of red snapper was 
$5.49 (2018 dollars) and ranged from $4.28 in 2015 to $5.57 in 2018.
    Based on the revenue information, all commercial vessels directly 
affected by the proposed action may be considered small entities. 
Because all directly affected entities are small entities, the issue of 
disproportional effects on small versus large entities does not arise.
    The commercial harvest of red snapper is limited by the commercial 
ACL. If the projected red snapper season is determined to be more than 
3 days, the economic effects of the proposed action would be the same 
as those of the status quo. If the projected red snapper fishing season 
is 3 days or less, the proposed action would allow the commercial 
sector to generate some revenues where otherwise the season may be 
forgone based on a projected shortened season. In either scenario, the 
proposed action is expected to not reduce the revenues and profits of 
directly affected small entities.
    The information provided above supports a determination that 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

    Fisheries, Fishing, Red snapper, Seasons, South Atlantic.

    Dated: May 7, 2020.
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.


Sec.  622.183   [Amended]

0
2. In Sec.  622.183, remove paragraph (b)(5)(iii).

[FR Doc. 2020-10107 Filed 5-13-20; 8:45 am]
 BILLING CODE 3510-22-P