[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64978-64980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200916-0245]
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: Final rule.

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SUMMARY: NMFS issues regulations to implement a management measure 
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). This final rule removes the 4-day 
minimum season length requirement for South Atlantic red snapper 
(commercial or recreational). The purpose of this final rule is to 
improve access to South Atlantic red snapper, particularly for the 
recreational sector.

DATES: This final rule is effective November 13, 2020.

ADDRESSES: 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.).
    On May 14, 2020, NMFS published the proposed rule for Regulatory 
Amendment 33 and requested public comment (85 FR 28924). The proposed 
rule and the Regulatory Amendment 33 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measure described in the Regulatory Amendment 33 and implemented by 
this final rule is described below.

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). 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 that process and 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 recreational season 
begins on the second Friday in July and 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

[[Page 64979]]

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) would be 3 days or less, 
the respective season would not open for that fishing year. Under both 
the current regulations and the regulations in this final rule, 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. However, NMFS notes that to date, there has not been 
a fishing year where one sector was allowed to harvest red snapper and 
the other was not. NMFS initially implemented the 3-day minimum season 
length provision in 2013 because the Council determined 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 increase, access to the red snapper resource could decline. 
Specifically, as the red snapper population rebuilds, more fish are 
available for harvest and effort has generally increased during the 
South Atlantic red snapper recreational fishing season, particularly 
off the east coast of Florida. Therefore, with no change in the 
recreational red snapper ACL, fishing seasons in future years could get 
shorter despite the population rebuilding. The length of the red 
snapper recreational season has declined from 10 days in 2017, to 6 
days in 2018, 5 days in 2019, and 4 days in 2020, as a result of the 
recreational ACL being projected to be reached sooner in each year. To 
better ensure recreational access to red snapper, this final rule 
removes the 4-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 the harvest of red 
snapper was allowed, NMFS expects that the duration of the commercial 
season will not be impacted by this action.

Management Measures Contained in This Final Rule

    This final rule removes the requirement that if NMFS projects a red 
snapper season (commercial or recreational) would be 3 days or less, 
the respective fishing season will not open for that fishing year. 
Therefore, red snapper harvest could be open for either commercial or 
recreational harvest for less than 4 days. For the recreational sector 
particularly, this measure could allow for a fishing season to occur 
that otherwise would not be allowed. NMFS expects this measure to 
increase the flexibility for recreational sector access to red snapper 
and enhance recreational fishing opportunities. NMFS notes that the 
recreational ACL and accountability measures are not changing in this 
final rule, and thus, no negative impacts to the stock are expected.

Comments and Responses

    NMFS received 42 comments from individuals, commercial and 
recreational fishermen, and fishing organizations during the public 
comment period on the proposed rule for Regulatory Amendment 33. Most 
comments were in support of allowing red snapper commercial and 
recreational fishing seasons, regardless of length. NMFS acknowledges 
the comments in favor of the action in the proposed rule and agrees 
with them. Some comments were outside the scope of the proposed rule 
and are not responded to in this final rule. Comments that opposed the 
action contained in Regulatory Amendment 33 and the proposed rule are 
summarized below, along with NMFS' responses.
    Comment 1: If the commercial or recreational season is projected to 
be 3 days or less, it is better for the stock in the long term to not 
open the season.
    Response: NMFS acknowledges that allowing harvest of South Atlantic 
red snapper during a 3 day or less fishing season as described in this 
final rule could result in higher fishing mortality than would occur if 
harvest were prohibited. However, allowing harvest for 3 days or less 
is not expected to negatively impact the red snapper stock because the 
overall harvest would continue to be limited to the commercial and 
recreational ACLs, and accountability measures and other existing red 
snapper regulations will remain in place.
    Comment 2: If either sector's fishing season is projected to be 3 
days or less, only the recreational season should be opened under those 
conditions because the commercial sector has the greater potential to 
negatively affect the red snapper population, and the recreational 
sector generates more revenue to the economy.
    Response: NMFS acknowledges the importance of red snapper for the 
recreational sector but disagrees that the commercial season should be 
limited if the recreational season is projected to be less than 4 days. 
As explained previously, under the Snapper-Grouper FMP, the commercial 
and recreational sectors are managed independently to constrain their 
harvest to the respective ACLs. The red snapper recreational and 
commercial ACLs are determined based upon the current sector allocation 
ratio developed by the Council of 71.93 percent for the recreational 
sector and 28.07 percent for the commercial sector. The commercial 
harvest, restricted by a trip limit of 75 lb (34 kg), gutted weight, is 
monitored via commercial logbooks and dealer reports and is closed when 
the commercial ACL is met or projected to be met. Therefore, allowing 
harvest by the commercial sector is not expected to negatively impact 
the status of the red snapper stock.
    One of the primary objectives of this action is to increase the 
likelihood that the recreational sector will continue to have a fishing 
season. NMFS expects that this final rule will increase fishing 
opportunities for the recreational sector that would otherwise be 
foregone, thereby allowing future economic benefits coming from the 
recreational harvest of red snapper that would not have been realized.
    Comment 3: If NMFS projects that a commercial season is allowed, 
then it is only fair to also have a recreational season. If no 
recreational season is projected, you should close the commercial 
season as well.
    Response: NMFS disagrees. As discussed in the response to Comment 
2, the red snapper commercial and recreational seasons are projected 
and managed independently of each other and harvest of one sector can 
occur without the other. NMFS notes that to date, there has not been a 
fishing year where one sector was open to the harvest of red snapper 
and the other sector was closed. However, because the commercial season 
for red snapper has remained open for a period significantly longer 
than 3 days during recent years, NMFS expects that the commercial 
season would continue to open regardless of this rule.
    NMFS projects when recreational landings will reach the 
recreational ACL for each fishing season. Without this final rule being 
implemented, a recreational season would not occur if NMFS projects a 
recreational season of 3 days or less. Allowing a recreational season 
to occur contrary to season projections would increase the likelihood 
of exceeding the recreational and total ACLs, which could negatively 
affect stock rebuilding. It could also increase the risk that a fishing 
season the next year would not be allowed to open because of the 
increased landings the previous year.

[[Page 64980]]

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Regulatory Amendment 33, the Snapper-Grouper FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is considered an 
Executive Order 13771 deregulatory action.
    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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: September 16, 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 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. 2020-20882 Filed 10-13-20; 8:45 am]
BILLING CODE 3510-22-P