NMFS proposes regulations to implement a regulatory amendment (Regulatory Amendment 13) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council). If implemented, this rule would revise the annual catch limits (ACLs) (including sector ACLs) for 37 species in the snapper-grouper fishery management unit (FMU). The intent of this rule is to ensure that the ACLs are based on the best scientific information available, and to prevent unnecessary negative socio-economic impacts to participants in the snapper-grouper fishery and fishing community that could occur if the ACLs are not revised, in accordance with the provisions set forth in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Written comments must be received on or before April 22, 2013.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0245'', by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0245, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 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 the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of documents supporting this proposed rule
including an environmental assessment, initial regulatory flexibility
analysis (IRFA), regulatory impact review, and fishery impact statement
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: Nikhil.Mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP and includes the 37 snapper-grouper
species addressed in Regulatory Amendment 13 and this proposed rule.
These 37 snapper-grouper species do not have stock assessments; their
acceptable biological catch estimates (ABCs) are greater than zero; and
their ABCs were specified using a formula established in the
Comprehensive ACL Amendment. Species in the FMU with stock assessments
and species with an ABC equal to zero are not addressed in Regulatory
Amendment 13. However, they will be considered in future amendments.
The FMP was prepared by the Council and implemented through regulations
at 50 CFR parts 622 under the authority of the Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing of federally managed fish
stocks, to the extent practicable. This mandate is intended to ensure
that fishery resources are managed for the greatest overall benefit to
the nation, particularly with respect to providing food production and
recreational opportunities, and protecting marine ecosystems. National
Standard 2 of the Magnuson-Stevens Act states that the conservation and
management measures of fishery management plans and any regulations
promulgated to implement any such plan shall be based upon the best
scientific information available.
To address this mandate of the Magnuson-Stevens Act, NMFS published
the final rule to implement the Comprehensive ACL Amendment on March
16, 2012 (77 FR 15916). That final rule established ACLs (including
sector-specific ACL allocations) and accountability measures (AMs) for
select species in the snapper-grouper FMU. Additionally, the
Comprehensive ACL Amendment established ABCs and annual catch targets
(ACTs) for these select species in the snapper-grouper FMU. These ABCs
and ACTs are not codified in the regulatory text. Recreational catch
estimates in the Comprehensive ACL Amendment were determined by using
data generated by the Marine Recreational Fisheries Statistics Survey
(MRFSS), which was the best scientific information available at that
time.
The MRFSS is made up of an integrated system of surveys, each
targeted toward particular segments of the fishing community (one for
for-hire vessels, one for anglers pursuing highly migratory species,
and one for all other anglers). It usually takes a couple of months to
compile information from both surveys, perform quality control, and
tabulate the results from each 2-month wave of data. As a result, in
most places, total estimates of catch and effort are produced on an
annual basis. These annual estimates are then used by NMFS and the
Council to make informed decisions about the health and sustainability
of the fishery and how many fish can be harvested the following year.
Since the implementation of the Comprehensive ACL Amendment on
April 16, 2012, there have been substantial improvements in the data
collection and catch estimation methodologies that are used to generate
the data for the computation of ABCs and recreational and commercial
ACLs and ACTs. NMFS no longer uses the MRFSS and now estimates landings
using the Marine Recreational Information Program (MRIP).
The MRIP collects data on a more frequent basis and provides more
accurate recreational catch estimates by accounting for potential
biases such as possible differences in catch rates at high-activity and
low-activity fishing sites, as well as variation in fishing effort
throughout the day. As described in Regulatory Amendment 13, the NMFS
Office of Science and Technology released MRIP data from 2004-2011.
MRFSS data from 2004-2011 were compared with MRIP data (2004-2011) and
ratio estimators were generated. These ratio estimators were used to
recalibrate MRFSS data from 1986-2003 to MRIP data (from 1986-2003).
These calculations provided a complete MRIP data set from 1986-2011. To
determine the ABCs for these species in the Comprehensive ACL
Amendment, the Council's SSC used data from 1999-2008 for 36 out of the
37 species (1986-2008 for blueline tilefish). The same years of MRIP
data were used to determine revised ABC values for the 37 species in
Regulatory Amendment 13. The revised ABC values also include updated
commercial and for-hire landings data. Using those revised ABC values,
the same procedures used in the Comprehensive ACL Amendment for
calculating ACL and ACT values were also used in Regulatory Amendment
13.
The revisions are necessary because if the ABC, ACL, and ACT values
are not updated with the new MRIP estimates, ACLs would be set using
MRFSS data while the landings being used to track the ACLs would be
estimated using MRIP data. This would result in a disconnect in how
ACLs are calculated versus how they are monitored. The changes in data
impact the allocations to the commercial and recreational sectors
because the formula used to establish the allocations remains unchanged
from what was implemented previously in the Comprehensive ACL
Amendment.
Using MRIP values to estimate recreational landings, and using
updated headboat and commercial landings, ensures that the ABCs, ACLs,
and ACTs are based on the best scientific information available in
accordance with National Standard 2 of the Magnuson-Stevens Act.
Management Measures Contained in This Proposed Rule
This proposed rule would revise ACLs for the following species and
species complexes: deep-water complex species (yellowedge grouper,
blueline tilefish, silk snapper, misty grouper, sand tilefish, queen
snapper, black snapper, and blackfin snapper); shallow-water groupers
(red hind, rock hind, yellowmouth grouper, yellowfin grouper, coney,
and graysby); snappers (gray snapper, lane snapper, cubera snapper, dog
snapper, and mahogany snapper), jacks (almaco jack, banded rudderfish,
and lesser amberjack), grunts (white grunt, sailor's choice, tomtate,
and margate); porgies (jolthead porgy, knobbed porgy, saucereye porgy,
scup, and whitebone porgy); Atlantic spadefish; blue runner; bar jack;
gray triggerfish; scamp; and hogfish. The ACLs are used to monitor
landings throughout a fishing season. The potential disconnect between
how the ACLs are calculated and how they are monitored is important
because the ACLs trigger the AMs that were established in the
Comprehensive ACL Amendment.
The AMs for the commercial sector for the species and species
complexes in this proposed rule specify that if the commercial ACL for
a species or species complex is reached or projected to be reached
during a fishing year, the sector will close for the remainder of that
fishing year for that species or species complex. If a complex is
closed, sale and purchase of any species in that complex is prohibited.
If a species, or a single member of a species complex, is designated as
overfished and the commercial ACL is exceeded, then during the
following fishing year the commercial sector ACL would be reduced by
the amount of the commercial ACL overage in the prior fishing year.
For the recreational sector, the AMs for the species and species
complexes are as follows: if the recreational ACL is exceeded for a
species or species complex in a fishing year, then during the next
fishing year the NMFS Regional Administrator monitors the recreational
landings for a persistence in increased landings, and using the best
scientific information available, reduces the length of the
recreational fishing season as necessary to ensure the recreational
landings do not exceed the recreational ACL.
This proposed rule would ensure that the methodology used to
calculate the ACLs is consistent with the methodology used to monitor
landings and determine when it is necessary to trigger the established
AMs.
Additional Measures Contained in Regulatory Amendment 13
In addition to the ACL revisions in this proposed rule, Regulatory
Amendment 13 would revise the ABCs, and ACTs for the 37 un-assessed
species in the snapper-grouper FMU, using the improved data methods as
previously described.
The purpose of this rule and Regulatory Amendment 13 is to revise
the ABCs, ACLs (including sector ACLs) and ACTs implemented by the
Comprehensive ACL Amendment with improved data. The revisions are
necessary because if the ABCs, ACLs (including sector ACLs), and ACTs
are not updated using the new data, there could be a disconnect between
the ACLs and the landings used to determine if ACLs are met and AMs are
triggered. The Magnuson-Stevens Act provides the statutory basis for
the proposed action.
No duplicative, overlapping, or conflicting Federal rules have been
identified.
The rule would apply directly to licensed commercial fishermen in
the Finfish Fishing Industry (NAICS 114111) that harvest six stock
complexes and six individual stocks of the South Atlantic snapper-
grouper fishery. An estimated 890 to 944 small businesses in the
Finfish Fishing Industry may be affected.
This proposed rule would not establish any new reporting or record-
keeping requirements. If the measures contained in this proposed rule
are implemented, they are expected to increase the lengths of
commercial fishing seasons for the deep-water and porgies stock
complexes and collectively increase annual landings by 33,821 lb
(15,341 kg) and $78,259. These proposed measures are also expected to
decrease the lengths of commercial fishing seasons for the jacks
complex, blue runner and gray triggerfish, and collectively decrease
annual landings by 46,527 lb (21,104 kg) and $74,520. The collective
net change to small businesses in the Finfish Fishing Industry would be
a loss of annual landings of 12,706 lb (5,763 kg), but a gain of $3,739
because the deep-water and porgies stock complexes are more valued
species. With an estimated 890 to 944 small businesses potentially
affected, the average annual gain per small business would be $3.96 to
$4.20.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
In Sec. 622.49, the first sentence of paragraphs (b)(8)(i)(A),
(b)(8)(ii), (b)(9)(i)(A), (b)(9)(ii), (b)(10)(i)(A), (b)(10)(ii),
(b)(12)(i)(A), (b)(12)(ii), (b)(13)(i)(A), (b)(13)(ii), (b)(16)(i)(A),
(b)(16)(ii), (b)(17)(i)(A), (b)(17)(ii), (b)(19)(i)(A), (b)(19)(ii),
(b)(20)(i)(A), (b)(20)(ii), (b)(21)(i)(A), (b)(21)(ii), (b)(23)(i)(A),
(b)(23)(ii), (b)(24)(i)(A), and (b)(24)(ii) are revised, to read as
follows:
Sec. 622.49 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(b) * * *
(8) * * *
(i) * * *
(A) If commercial landings for the deep-water complex, as estimated
by the SRD, reach or are projected to reach the commercial ACL of
376,469 lb (170,763 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for this complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for the deep-water complex, as
estimated by the SRD, exceed the recreational ACL of 334,556 lb
(151,752 kg), round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
(9) * * *
(i) * * *
(A) If commercial landings for scamp, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 333,100 lb
(151,092 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for scamp, as estimated by the
SRD, exceed the recreational ACL of 176,688 lb (80,144 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(10) * * *
(i) * * *
(A) If commercial landings for other SASWG, as estimated by the
SRD, reach or are projected to reach the commercial ACL of 49,776 lb
(22,578 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for this
complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for other SASWG, as estimated
by the SRD, exceed the recreational ACL of 46,656 lb (21,163 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(12) * * *
(i) * * *
(A) If commercial landings for lesser amberjack, almaco jack, and
banded rudderfish, combined, as estimated by the SRD, reach or are
projected to reach their combined commercial ACL of 189,422 lb (85,920
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for this complex
for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for the complex (lesser
amberjack, almaco jack, and banded rudderfish), combined, as estimated
by the SRD, exceed the recreational ACL of 267,799 lb (121,472 kg),
round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if
[[Page 17339]]
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(13) * * *
(i) * * *
(A) If commercial landings for bar jack, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 5,265 lb (2,388
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the remainder
of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for bar jack, as estimated by
the SRD, exceed the recreational ACL of 19,515 lb (8,852 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(16) * * *
(i) * * *
(A) If commercial landings combined for this other snappers
complex, as estimated by the SRD, reach or are projected to reach the
combined complex commercial ACL of 215,662 lb (97,823 kg), round
weight, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for this complex for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If the combined recreational landings for this snappers
complex, as estimated by the SRD, exceed the recreational ACL of
728,577 lb (330,477 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a persistence
in increased landings and, if necessary, the AA will file a
notification with the Office of the Federal Register, to reduce the
length of the following recreational fishing season by the amount
necessary to ensure recreational landings do not exceed the
recreational ACL for this complex in the following fishing year. * * *
(17) * * *
(i) * * *
(A) If commercial landings for gray triggerfish, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 272,880
lb (123,776 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for gray triggerfish, as
estimated by the SRD, exceed the recreational ACL of 353,638 lb
(160,407 kg), round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with the
Office of the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
* * * * *
(19) * * *
(i) * * *
(A) If commercial landings for blue runner, as estimated by the
SRD, reach or are projected to reach the commercial ACL of 177,506 lb
(80,515 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for blue runner, as estimated
by the SRD, exceed the recreational ACL of 948,223 lb (430,107 kg),
round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(20) * * *
(i) * * *
(A) If commercial landings for Atlantic spadefish, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 35,108
lb (15,925 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for Atlantic spadefish, as
estimated by the SRD, exceed the recreational ACL of 154,352 lb (70,013
kg), round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
(21) * * *
(i) * * *
(A) If commercial landings for hogfish, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 49,469 lb (22,439
kg), round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the remainder
of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for hogfish, as estimated by
the SRD, exceed the recreational ACL of 85,355 lb (38,716 kg), round
weight, then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational landings
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
(23) * * *
(i) * * *
(A) If commercial landings for jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye porgy, combined, as estimated by
the SRD, reach or are projected to reach the commercial complex ACL of
36,348 lb (16,487 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for this complex for the remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for jolthead porgy, knobbed
porgy, whitebone porgy, scup, and saucereye porgy, combined, as
estimated by the SRD, exceed the recreational ACL of 106,914 lb (48,495
kg), round weight, then during the following fishing year, recreational
landings will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the following recreational
fishing season for this complex by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. * * *
(24) * * *
(i) * * *
(A) If commercial landings for white grunt, sailor's choice,
tomtate, and
[[Page 17340]]
margate, combined, as estimated by the SRD, reach or are projected to
reach the commercial complex ACL of 218,539 lb (99,128 kg), round
weight, the AA will file a notification with the Office of the Federal
Register to close the commercial sector for this complex for the
remainder of the fishing year. * * *
* * * * *
(ii) * * * If recreational landings for white grunt, sailor's
choice, tomtate, and margate, as estimated by the SRD, exceed the
recreational ACL of 588,113 lb (266,764 kg), round weight, then during
the following fishing year, recreational landings will be monitored for
a persistence in increased landings and, if necessary, the AA will file
a notification with the Office of the Federal Register, to reduce the
length of the following recreational fishing season for this complex by
the amount necessary to ensure recreational landings do not exceed the
recreational ACL in the following fishing year.