[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17318-17320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06606]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210325-0070]
RIN 0648-BJ93


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 34

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is implementing management measures described in 
Regulatory Amendment 34 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). The final rule will create 34 special 
management zones (SMZs) around artificial reefs in the exclusive 
economic zone (EEZ) off North Carolina and South Carolina. The purpose 
of the final rule is to designate new SMZs and to restrict fishing gear 
with greater potential to result in high exploitation rates. The 
restrictions are expected to reduce potentially adverse effects to 
snapper-grouper species and enhance recreational fishing opportunities 
at these SMZs.

DATES: The final rule is effective on May 3, 2021.

ADDRESSES: Electronic copies of Regulatory Amendment 34 to the Snapper-
Grouper FMP (Regulatory Amendment 34) may be obtained from 
www.regulations.gov or from the NMFS Southeast Regional Office website 
at https://www.fisheries.noaa.gov/action/regulatory-amendment-34-special-management-zones-smz. Regulatory Amendment 34 includes an 
environmental assessment, regulatory impact review, and Regulatory 
Flexibility Analysis (RFA).

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 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. 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 November 16, 2020, NMFS published the proposed rule for 
Regulatory Amendment 34 in the Federal Register and requested public 
comment (85 FR 73013). Regulatory Amendment 34 and the proposed rule 
outline the rationale for the actions contained in this final rule. A 
summary of the management measure described in Regulatory Amendment 34 
and implemented by this final rule is described below.

Background

    The purpose of the Council's SMZ designation process and the 
subsequent specification of SMZs is to protect snapper-grouper 
populations at the relatively small artificial reef sites in the EEZ 
and to create fishing opportunities that would not otherwise exist 
without their designation. Prior to the SMZ designation process 
established by the Council in 1983, for example, black sea bass pots 
were used by commercial fishermen to efficiently remove black sea bass 
from artificial reefs off South Carolina. At the time of the SMZ 
designation process, the Council determined that because artificial 
reef sites are small in area due to the limited amount of suitable 
reef-building material, the sites are vulnerable to overexploitation by 
more efficient fishing gear that has the potential to result in 
localized depletion. In addition, the Council wanted to enhance fishing 
opportunities for the recreational sector through the designation of 
SMZs. The Council has determined that the harvest and gear restrictions 
will increase the abundance and size of snapper-grouper species at the 
sites, thereby increasing available catch for fishermen, such as those 
fishing under recreational harvest limits.
    The North Carolina Division of Marine Fisheries (NCDMF) and the 
South Carolina Department of Natural Resources (SCDNR) requested that 
the Council designate artificial reefs located in the EEZ off their 
respective coasts as SMZs. Following a review of the requests, the 
Council developed Regulatory Amendment 34 that would create 34 new 
SMZs--30 off North Carolina and 4 off South Carolina. The Council 
determined that the actions in Regulatory Amendment 34 will enhance the 
fishing experience at the artificial reef sites for recreational 
fishermen and that will further promote the original intent of North 
Carolina and South Carolina for placing the artificial reefs at the 
sites. The purpose of Regulatory Amendment 34 and this final rule is to 
designate these sites as SMZs and to restrict fishing gear that could 
result in high exploitation rates to reduce potential adverse 
biological effects to federally managed snapper-grouper species and 
enhance recreational fishing opportunities at these sites.

Management Measures Contained in This Final Rule

    This final rule creates SMZs in the EEZ off North Carolina and 
South Carolina. Authorized gear and harvest levels for snapper-grouper 
species at these new SMZs are also specified by this final rule to 
reduce potentially adverse biological effects to snapper-grouper 
species and enhance recreational fishing opportunities.

SMZs off North Carolina

    This final rule designates 30 SMZs off North Carolina in the EEZ. 
The 30 sites are existing artificial reefs permitted by the Army Corps 
of Engineers. The SMZs match the sizes of the permitted artificial 
reefs, and range in size from 0.24 to 0.76 square nautical miles or 
0.25 to 1.01 square miles (0.82 to 2.6 square km). This final rule 
establishes that all harvest of snapper-grouper species is allowed only 
with handline, rod and reel, and spear within the SMZs. Further, in the 
SMZs off North Carolina, all commercial and recreational harvest of 
snapper-grouper species by spear is limited to the applicable, existing 
recreational bag limits, as requested by the NCDMF.

SMZs off South Carolina

    This final rule designates four SMZs, in addition to the existing 
28 SMZs, off the coast of South Carolina in the EEZ. The four sites are 
existing artificial reefs

[[Page 17319]]

permitted by the Army Corps of Engineers. The SMZs match the sizes of 
the permitted artificial reefs, and range in size from 0.031 to 0.25 
square nautical miles or 0.041 to 0.33 square miles (0.11 to 0.86 
square km). This final rule establishes that all harvest of snapper-
grouper species is allowed only with handline, rod and reel, and spear 
within the SMZs. Further, in the SMZs off South Carolina, all 
commercial and recreational harvest of snapper-grouper species is 
limited to the applicable, existing recreational bag limits, as 
requested by the SCDNR. These restrictions match the regulations in the 
current SMZs off South Carolina.

Comments and Responses

    NMFS received 10 comments during the public comment period on the 
proposed rule for Regulatory Amendment 34. Most comments were in 
support of the creation of SMZs at the artificial reef sites. 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 Regulatory Amendment 34 and are not responded to in 
this final rule. Comments that opposed or requested additional 
information about the actions contained in Regulatory Amendment 34 and 
the proposed rule are summarized below, along with NMFS' responses.
    Comment 1: Prohibiting commercial fishermen from taking more than 
the recreational bag and possession limits of South Atlantic snapper-
grouper from the SMZs in this final rule where fish are attracted and 
congregating will only decrease the efficiency of the commercial 
fishermen's efforts. This is contrary to what the Fishing Enhancement 
Act describes in 33 U.S.C. 2101(a)(5) as what properly managed reefs 
can do. Without violating the intent of the National Fishing 
Enhancement Act (Act) of 1984, explain how NMFS can convert the 
artificial reefs that are in Federal waters into SMZs where only 
recreational harvest is allowed when this is clearly contrary to proper 
management outlined in 33 U.S.C. 2101(a)(5). Further, NMFS is violating 
the artificial reef standards written in 33 U.S.C. 2102(2) by 
effectively excluding commercial fishing from federally permitted 
artificial reefs.
    Response: NMFS does not agree that the final rule will violate the 
intent of the Act by only allowing recreational harvest levels at the 
SMZ sites in this final rule. The purpose of the Act is to promote and 
facilitate responsible and effective efforts to establish artificial 
reefs. The Act further states that properly designed artificial reefs 
can enhance the habitat and diversity of fishery resources; enhance 
United States recreational and commercial fishing opportunities; 
increase the production of fishery products in the United States; 
increase the energy efficiency of recreational and commercial 
fisheries; and contribute to the United States and coastal economies.
    The final rule conforms with the intent of the Act. The final rule 
does not prohibit harvest by commercial fishermen, and will allow both 
commercial and recreational fishing with handline, rod and reel, and 
spear in the SMZs. The purpose of this final rule is to restrict the 
use of fishing gear with a greater potential to result in high 
exploitation rates to reduce potentially adverse effects to federally 
managed snapper-grouper species at these sites. The Council determined 
that the actions will enhance the fishing experience at the artificial 
reefs for recreational fishermen and that optimizing opportunities for 
recreational fishermen was the original intent of the artificial reef 
placement at these sites.
    Comment 2: Explain if the gear requirements in this final rule 
allow electric fishing reels, such as the Tanacom 1000.
    Response: Allowable gear for the harvest of South Atlantic snapper-
grouper at the SMZ sites in this final rule off North Carolina and 
South Carolina includes rod and reel, and the use of electric-powered 
reels, such as the Tanacom 1000.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with Regulatory Amendment 34, the Snapper-Grouper FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 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 or recordkeeping 
compliance requirements are introduced in this final rule. This final 
rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.
    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 rule 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 from the public 
were received regarding this certification. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Grouper, Snapper, South Atlantic.

    Dated: March 26, 2021.
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.


0
2. In Sec.  622.182, add paragraphs (e) and (f) to read as follows:


Sec.  622.182  Gear-restricted areas.

* * * * *
    (e) SMZs off North Carolina. (1) The center of each SMZ in Table 3 
to this paragraph (e) is located at the given point with a radius 
extending the applicable distance in every direction laterally from 
that point to form a circle around the center point.
    (2) Harvest of South Atlantic snapper-grouper while in the SMZs in 
this paragraph (e) is permitted only by handline, rod and reel, and 
spearfishing gear. All harvest of South Atlantic snapper-grouper by 
spearfishing gear in the SMZs in this paragraph (e) is limited to the 
applicable recreational bag and possession limits in Sec.  622.187.

[[Page 17320]]



                                            Table 3 to Paragraph (e)
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                                                                                                   Radius in ft
                            Reef name                               North lat.      West long.          (m)
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AR-130..........................................................  36[deg]00.296'  75[deg]31.957'     1,500 (457)
AR-140..........................................................  35[deg]56.718'  75[deg]31.965'     1,500 (457)
AR-145..........................................................  35[deg]54.017'  75[deg]23.883'     1,500 (457)
AR-220..........................................................  35[deg]08.117'  75[deg]40.633'     3,000 (914)
AR-225..........................................................  35[deg]06.768'  75[deg]39.322'     1,500 (457)
AR-230..........................................................  35[deg]06.133'  75[deg]42.933'     1,500 (457)
AR-250..........................................................  34[deg]56.900'  75[deg]54.860'     1,500 (457)
AR-255..........................................................  34[deg]55.483'  75[deg]57.910'     1,500 (457)
AR-285..........................................................  34[deg]33.383'  76[deg]26.350'     1,500 (457)
AR-300..........................................................  34[deg]18.517'  76[deg]24.133'     1,500 (457)
AR-302..........................................................  34[deg]10.265'  76[deg]13.703'     1,500 (457)
AR-305..........................................................  34[deg]16.683'  76[deg]38.650'     1,500 (457)
AR-330..........................................................  34[deg]33.634'  76[deg]51.267'     3,000 (914)
AR-340..........................................................  34[deg]34.319'  76[deg]58.345'     1,500 (457)
AR-345..........................................................  34[deg]32.266'  76[deg]58.508'     1,500 (457)
AR-355..........................................................  34[deg]21.318'  77[deg]19.877'     1,500 (457)
AR-362..........................................................  34[deg]15.657'  77[deg]30.392'     1,500 (457)
AR-366..........................................................  34[deg]12.950'  77[deg]25.250'     1,500 (457)
AR-368..........................................................  34[deg]09.514'  77[deg]25.782'     1,500 (457)
AR-372..........................................................  34[deg]06.295'  77[deg]44.917'     1,500 (457)
AR-376..........................................................  34[deg]03.283'  77[deg]39.633'     1,500 (457)
AR-382..........................................................  33[deg]58.581'  77[deg]41.172'     1,500 (457)
AR-386..........................................................  33[deg]57.517'  77[deg]33.400'     1,500 (457)
AR-400..........................................................  33[deg]29.267'  77[deg]35.227'     1,500 (457)
AR-420..........................................................  33[deg]51.050'  78[deg]06.710'     1,500 (457)
AR-440..........................................................  33[deg]49.800'  78[deg]13.083'     1,500 (457)
AR-445..........................................................  33[deg]44.783'  78[deg]14.100'     1,500 (457)
AR-455..........................................................  33[deg]47.033'  78[deg]17.883'     1,500 (457)
AR-460..........................................................  33[deg]50.089'  78[deg]22.022'     1,500 (457)
AR-465..........................................................  33[deg]23.423'  78[deg]11.052'     1,500 (457)
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    (f) Additional SMZs off South Carolina. (1) The center of each SMZ 
in Table 4 to this paragraph (f) is located at the given point with a 
radius extending the applicable distance in every direction laterally 
from that point to form a circle around the center point.
    (2) Harvest of South Atlantic snapper-grouper while in the SMZs in 
this paragraph (f) is permitted only by handline, rod and reel, and 
spearfishing gear (excludes a powerhead). All harvest of South Atlantic 
snapper-grouper by the allowable gear in the SMZs in this paragraph (f) 
is limited to the applicable recreational bag and possession limits in 
Sec.  622.187.
    (3) PA-04--Ron McManus Memorial Reef. This SMZ is bounded by lines 
connecting the following corner points: northwest corner point at 
33[deg]46.400' N, 78[deg]36.200' W; northeast corner point at 
33[deg]46.400' N, 78[deg]35.600' W; southeast corner point at 
33[deg]45.900' N, 78[deg]35.600' W; and southwest corner point at 
33[deg]45.900' N, 78[deg]36.200' W.

                                            Table 4 to Paragraph (f)
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                                                                                                   Radius in ft
                            Reef name                               North lat.      West long.          (m)
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PA-07 Pop Nash..................................................  33[deg]34.510'  78[deg]51.000'       600 (183)
PA-28 Lowcountry Anglers........................................  32[deg]34.300'  79[deg]55.100'       600 (183)
PA-34 CCA-McClellanville........................................  32[deg]51.800'  79[deg]22.500'       600 (183)
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[FR Doc. 2021-06606 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-22-P