80_FR_18618 80 FR 18552 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational Management Measures

80 FR 18552 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18552-18553
FR Document2015-08001

NMFS issues this final rule to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule revises the daily bag limit for red grouper in the Gulf of Mexico (Gulf) and removes the recreational post-season bag limit reduction accountability measure (AM) for Gulf red grouper. Additionally, this rule corrects an error in the Gulf individual fishing quota (IFQ) multi-use provisions for the Grouper/Tilefish IFQ program. The purpose of this final rule is to modify the Gulf red grouper recreational management measures to improve recreational fishing opportunities by achieving optimal yield for the red grouper resource.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015) 
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18552-18553]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08001]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150105013-5291-02]
RIN 0648-BE62


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Recreational 
Management Measures

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
revises the daily bag limit for red grouper in the Gulf of Mexico 
(Gulf) and removes the recreational post-season bag limit reduction 
accountability measure (AM) for Gulf red grouper. Additionally, this 
rule corrects an error in the Gulf individual fishing quota (IFQ) 
multi-use provisions for the Grouper/Tilefish IFQ program. The purpose 
of this final rule is to modify the Gulf red grouper recreational 
management measures to improve recreational fishing opportunities by 
achieving optimal yield for the red grouper resource.

DATES: This rule is effective May 7, 2015.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act analysis may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.

FOR FURTHER INFORMATION CONTACT: Richard Malinowski, telephone: 727-
824-5305, email: rich.malinowski@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under 
the FMP. The FMP was prepared by the Council and is implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On January 27, 2015, NMFS published a proposed rule for the 
framework action and requested public comment (80 FR 4240). The 
proposed rule and framework action outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule reduces the Gulf red grouper recreational bag limit 
from four fish to two fish within the four-fish aggregate grouper bag 
limit, and removes the post-season AM that reduces the daily bag limit 
the next fishing season when the previous fishing year's annual catch 
limit (ACL) is exceeded. The other post-season AMs currently codified 
in the regulations remain in effect without change.

Additional Change to Codified Text

    In addition, this final rule corrects a mistake in the regulations 
that was implemented in the final rule for Amendment 32 to the FMP. 
NMFS changes ``red grouper multi-use allocation'' to ``gag multi-use 
allocation'' in Sec.  622.22(a)(5)(ii)(B), where it erroneously stated 
that if red grouper is under a rebuilding plan, then ``red grouper 
multi-use allocation'' should be set to zero. This change is not 
related to the framework action.

Comments and Responses

    NMFS received 28 comment submissions on the framework action and 
the proposed rule; 1 from a sport fishing club, 1 from a state agency, 
and 26 from individuals. All comments received were in regard to the 
bag limit reduction; no comments were received directly addressing the 
removal of the accountability measure. Fourteen submissions supported 
the bag limit reduction, which is expected to alleviate the need for 
in-season closures. Eight individuals specifically opposed the bag 
limit reduction. Other submissions were outside the scope of the rule, 
offering suggestions for alternative management options, such as 
different size and bag limits, regionalized regulations, or a tag 
system. These are options the Council has considered in the past, and 
could consider again. A summary of the comments addressing the actions 
being implemented by this rulemaking and NMFS' responses to those 
comments appears below.
    Comment 1: The new regulation could lead to overfishing of the Gulf 
red grouper resource.
    Response: NMFS disagrees that either the bag limit reduction or the 
removal of the post-season AM could lead to overfishing of Gulf red 
grouper. The two-fish bag limit, although primarily intended to extend 
the length of the open season, should reduce the probability of 
exceeding the ACL by the recreational sector. The AM that reduced the 
bag limit by one fish if the ACL was exceeded in the previous year was 
also intended to extend the length of the open season and to avoid in-
season closures. However, it is difficult to implement this in-season 
bag limit reduction in a timely manner and the bag limit change in the 
middle of the season created confusion. The Council determined, and 
NMFS agrees, that removing this AM would increase the efficiency of 
operating in this recreational sector and reduce public confusion 
without increasing the risk of exceeding the ACL because there are 
other AMs that will remain in place.
    Comment 2: The two-fish bag limit is unnecessary and unreasonable 
because the Gulf red grouper stock is healthy and abundant; there is no 
shortage of red grouper.
    Response: NMFS agrees the stock is healthy. The latest stock 
assessment indicates the stock is not overfished or

[[Page 18553]]

undergoing overfishing. However, the Council's decision to reduce the 
bag limit was not based on a need to limit the harvest of red grouper. 
This action is intended to extend the length of the open season and 
avoid in-season recreational closures.
    Comment 3: A longer recreational closed season is preferred rather 
than a reduction in the bag limit. Reducing the red grouper bag limit 
to two fish would reduce the incentive to fish so that, even with a 
longer open season, the net economic effects of the action would be 
negative. Fishermen usually harvest two or three red grouper per 
angler, but having the opportunity to harvest four fish is an incentive 
for the trip. Offshore harvest levels should be at least three fish per 
angler.
    Response: NMFS disagrees that it is preferable to have a longer 
closed season rather than a lower bag limit. Although it is not 
possible to reliably forecast changes in fishing effort or the 
associated economic impacts of the reduction in the red grouper bag 
limit with available data, public comments on this and similar rules 
indicate the majority of anglers prefer a longer open season. Longer 
open seasons provide greater flexibility to schedule trips and although 
some fishermen may harvest more than two fish per trip, and therefore 
choose to not fish under the lower limit, most anglers do not. The 
economic analysis in the framework document explains that in 2011-2012, 
when the red grouper bag limit was 4 fish, more than 90 percent of 
trips taken by anglers fishing from private vessels or charter vessels, 
and more than 98 percent of headboat trips, harvested 1 or 2 red 
grouper per trip. As a result, lowering the limit to two fish is not 
expected to adversely affect the harvest of most anglers, or their 
decision to fish. A longer open season with a reduced bag limit is 
expected to create more trips and result in greater economic benefits 
than a shorter season with a higher bag limit, which reduces the 
overall number of trips.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the conservation and management 
of Gulf red grouper and is consistent with the framework action, 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 12866.
    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 this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification to the Small Business Administration. 
Comments regarding the general net economic effects of the action are 
addressed in the comments and responses section of this final rule. No 
changes to the final rule were made in response to these comments. 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, Gulf, Recreational, Red grouper.

    Dated: April 1, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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.  622.22, the last sentence in paragraph (a)(5)(ii)(B) is 
revised to read as follows:


Sec.  622.22  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

    (a) * * *
    (5) * * *
    (ii) * * *
    (B) * * * However, if red grouper is under a rebuilding plan, the 
percentage of gag multi-use allocation is equal to zero.
* * * * *

0
3. In Sec.  622.38, the first sentence in paragraph (b)(2) is revised 
to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Groupers, combined, excluding goliath grouper--4 per person per 
day, but not to exceed 1 speckled hind or 1 warsaw grouper per vessel 
per day, or 2 gag or 2 red grouper per person per day. * * *
* * * * *

0
4. In Sec.  622.41, the second sentence in paragraph (e)(2)(ii) is 
revised and the third sentence in the same paragraph is removed to read 
as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (e) * * *
    (2) * * *
    (ii) * * * In addition, the notification will reduce the length of 
the recreational red grouper fishing season the following fishing year 
by the amount necessary to ensure red grouper recreational landings do 
not exceed the recreational ACT in the following fishing year.
* * * * *
[FR Doc. 2015-08001 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 3510-22-P

18552 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations Assistant Administrator for Fisheries, daily bag limit for red grouper in the in § 622.22(a)(5)(ii)(B), where it NOAA (AA), finds that the need to Gulf of Mexico (Gulf) and removes the erroneously stated that if red grouper is immediately implement this action to recreational post-season bag limit under a rebuilding plan, then ‘‘red close the commercial sector for blueline reduction accountability measure (AM) grouper multi-use allocation’’ should be tilefish constitutes good cause to waive for Gulf red grouper. Additionally, this set to zero. This change is not related to the requirements to provide prior notice rule corrects an error in the Gulf the framework action. and opportunity for public comment individual fishing quota (IFQ) multi-use Comments and Responses pursuant to the authority set forth in 5 provisions for the Grouper/Tilefish IFQ U.S.C. 553(b)(B), as such prior notice program. The purpose of this final rule NMFS received 28 comment and opportunity for public comment are is to modify the Gulf red grouper submissions on the framework action unnecessary and contrary to the public recreational management measures to and the proposed rule; 1 from a sport interest. Such procedures are improve recreational fishing fishing club, 1 from a state agency, and unnecessary because the regulations at opportunities by achieving optimal 26 from individuals. All comments 50 CFR 622.193(z)(1)(i) have already yield for the red grouper resource. received were in regard to the bag limit been subject to notice and comment, DATES: This rule is effective May 7, reduction; no comments were received and all that remains is to notify the 2015. directly addressing the removal of the public of the closure. Such procedures accountability measure. Fourteen ADDRESSES: Electronic copies of the submissions supported the bag limit are contrary to the public interest framework action, which includes an because there is a need to immediately reduction, which is expected to alleviate environmental assessment, a regulatory the need for in-season closures. Eight implement this action to protect impact review, and a Regulatory blueline tilefish, since the capacity of individuals specifically opposed the bag Flexibility Act analysis may be obtained limit reduction. Other submissions were the fishing fleet allows for rapid harvest from the Southeast Regional Office Web of the commercial ACL. Prior notice and outside the scope of the rule, offering site at http://sero.nmfs.noaa.gov/ suggestions for alternative management opportunity for public comment would sustainable_fisheries/gulf_fisheries/ require time and would potentially options, such as different size and bag reef_fish/index.html. limits, regionalized regulations, or a tag result in a harvest well in excess of the FOR FURTHER INFORMATION CONTACT: system. These are options the Council established commercial ACL. For the aforementioned reasons, the Richard Malinowski, telephone: 727– has considered in the past, and could AA also finds good cause to waive the 824–5305, email: rich.malinowski@ consider again. A summary of the 30-day delay in the effectiveness of this noaa.gov. comments addressing the actions being action under 5 U.S.C. 553(d)(3). SUPPLEMENTARY INFORMATION: The Gulf implemented by this rulemaking and reef fish fishery is managed under the NMFS’ responses to those comments Authority: 16 U.S.C. 1801 et seq. FMP. The FMP was prepared by the appears below. Emily H. Menashes, Council and is implemented through Comment 1: The new regulation could Acting Director, Office of Sustainable regulations at 50 CFR part 622 under the lead to overfishing of the Gulf red Fisheries, National Marine Fisheries Service. authority of the Magnuson-Stevens grouper resource. [FR Doc. 2015–07946 Filed 4–2–15; 4:15 pm] Fishery Conservation and Management Response: NMFS disagrees that either BILLING CODE CODE 3510–22–P Act (Magnuson-Stevens Act). the bag limit reduction or the removal On January 27, 2015, NMFS of the post-season AM could lead to published a proposed rule for the overfishing of Gulf red grouper. The DEPARTMENT OF COMMERCE framework action and requested public two-fish bag limit, although primarily comment (80 FR 4240). The proposed intended to extend the length of the National Oceanic and Atmospheric rule and framework action outline the open season, should reduce the Administration rationale for the actions contained in probability of exceeding the ACL by the this final rule. A summary of the actions recreational sector. The AM that 50 CFR Part 622 implemented by this final rule is reduced the bag limit by one fish if the [Docket No. 150105013–5291–02] provided below. ACL was exceeded in the previous year was also intended to extend the length RIN 0648–BE62 Management Measures Contained in of the open season and to avoid in- This Final Rule season closures. However, it is difficult Fisheries of the Caribbean, Gulf of to implement this in-season bag limit This final rule reduces the Gulf red Mexico, and South Atlantic; Reef Fish reduction in a timely manner and the grouper recreational bag limit from four Fishery of the Gulf of Mexico; Red bag limit change in the middle of the fish to two fish within the four-fish Grouper Recreational Management season created confusion. The Council aggregate grouper bag limit, and Measures determined, and NMFS agrees, that removes the post-season AM that AGENCY: National Marine Fisheries reduces the daily bag limit the next removing this AM would increase the Service (NMFS), National Oceanic and fishing season when the previous efficiency of operating in this Atmospheric Administration (NOAA), fishing year’s annual catch limit (ACL) recreational sector and reduce public Commerce. is exceeded. The other post-season AMs confusion without increasing the risk of ACTION: Final rule. currently codified in the regulations exceeding the ACL because there are remain in effect without change. other AMs that will remain in place. SUMMARY: NMFS issues this final rule to Comment 2: The two-fish bag limit is Additional Change to Codified Text rljohnson on DSK3VPTVN1PROD with RULES implement management measures unnecessary and unreasonable because described in a framework action to the In addition, this final rule corrects a the Gulf red grouper stock is healthy Fishery Management Plan for the Reef mistake in the regulations that was and abundant; there is no shortage of Fish Resources of the Gulf of Mexico implemented in the final rule for red grouper. (FMP), as prepared by the Gulf of Amendment 32 to the FMP. NMFS Response: NMFS agrees the stock is Mexico Fishery Management Council changes ‘‘red grouper multi-use healthy. The latest stock assessment (Council). This final rule revises the allocation’’ to ‘‘gag multi-use allocation’’ indicates the stock is not overfished or VerDate Sep<11>2014 15:31 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1

Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 18553 undergoing overfishing. However, the Small Business Administration during third sentence in the same paragraph is Council’s decision to reduce the bag the proposed rule stage that this rule removed to read as follows: limit was not based on a need to limit would not have a significant economic the harvest of red grouper. This action impact on a substantial number of small § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and is intended to extend the length of the entities. The factual basis for this accountability measures (AMs). open season and avoid in-season determination was published in the recreational closures. proposed rule and is not repeated here. * * * * * Comment 3: A longer recreational No comments were received regarding (e) * * * closed season is preferred rather than a the certification to the Small Business (2) * * * reduction in the bag limit. Reducing the Administration. Comments regarding (ii) * * * In addition, the notification red grouper bag limit to two fish would the general net economic effects of the will reduce the length of the reduce the incentive to fish so that, even action are addressed in the comments recreational red grouper fishing season with a longer open season, the net and responses section of this final rule. the following fishing year by the amount economic effects of the action would be No changes to the final rule were made necessary to ensure red grouper negative. Fishermen usually harvest two in response to these comments. As a recreational landings do not exceed the or three red grouper per angler, but result, a final regulatory flexibility recreational ACT in the following having the opportunity to harvest four analysis was not required and none was fishing year. fish is an incentive for the trip. Offshore prepared. * * * * * harvest levels should be at least three [FR Doc. 2015–08001 Filed 4–6–15; 8:45 am] fish per angler. List of Subjects in 50 CFR Part 622 BILLING CODE CODE 3510–22–P Response: NMFS disagrees that it is Fisheries, Fishing, Gulf, Recreational, preferable to have a longer closed Red grouper. season rather than a lower bag limit. DEPARTMENT OF COMMERCE Dated: April 1, 2015. Although it is not possible to reliably forecast changes in fishing effort or the Eileen Sobeck, National Oceanic and Atmospheric associated economic impacts of the Assistant Administrator for Fisheries, Administration reduction in the red grouper bag limit National Marine Fisheries Service. with available data, public comments on For the reasons set out in the 50 CFR Part 679 this and similar rules indicate the preamble, 50 CFR part 622 is amended [Docket No. 141021887–5172–02] majority of anglers prefer a longer open as follows: season. Longer open seasons provide RIN 0648–XD844 greater flexibility to schedule trips and PART 622—FISHERIES OF THE although some fishermen may harvest CARIBBEAN, GULF OF MEXICO, AND Fisheries of the Exclusive Economic more than two fish per trip, and SOUTH ATLANTIC Zone Off Alaska; Northern Rockfish in therefore choose to not fish under the the Bering Sea and Aleutian Islands lower limit, most anglers do not. The ■ 1. The authority citation for part 622 Management Area economic analysis in the framework continues to read as follows: AGENCY: National Marine Fisheries document explains that in 2011–2012, Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and when the red grouper bag limit was 4 Atmospheric Administration (NOAA), ■ 2. In § 622.22, the last sentence in fish, more than 90 percent of trips taken Commerce. paragraph (a)(5)(ii)(B) is revised to read by anglers fishing from private vessels as follows: ACTION: Temporary rule; modification of or charter vessels, and more than 98 percent of headboat trips, harvested 1 or closure. § 622.22 Individual fishing quota (IFQ) 2 red grouper per trip. As a result, program for Gulf groupers and tilefishes. SUMMARY: NMFS is opening directed lowering the limit to two fish is not (a) * * * fishing for northern rockfish in the expected to adversely affect the harvest (5) * * * Bering Sea and Aleutian Islands of most anglers, or their decision to fish. (ii) * * * Management Area (BSAI). This action is A longer open season with a reduced (B) * * * However, if red grouper is necessary to fully use the 2015 total bag limit is expected to create more trips under a rebuilding plan, the percentage allowable catch (TAC) of northern and result in greater economic benefits of gag multi-use allocation is equal to rockfish in the BSAI. than a shorter season with a higher bag zero. DATES: Effective 1200 hrs, Alaska local limit, which reduces the overall number * * * * * time (A.l.t.), April 2, 2015, through 2400 of trips. ■ 3. In § 622.38, the first sentence in hrs, A.l.t., December 31, 2015. Classification paragraph (b)(2) is revised to read as Comments must be received at the The Regional Administrator, follows: following address no later than 4:30 Southeast Region, NMFS, has p.m., A.l.t., April 17, 2015. § 622.38 Bag and possession limits. determined that this final rule is ADDRESSES: You may submit comments * * * * * on this document, identified by necessary for the conservation and (b) * * * ‘‘NOAA–NMFS–2014–0134’’ by any of management of Gulf red grouper and is (2) Groupers, combined, excluding the following methods: consistent with the framework action, goliath grouper—4 per person per day, • Electronic Submission: Submit all the FMP, the Magnuson-Stevens Act but not to exceed 1 speckled hind or 1 rljohnson on DSK3VPTVN1PROD with RULES and other applicable law. This final rule electronic public comments via the warsaw grouper per vessel per day, or Federal e-Rulemaking Portal. Go to has been determined to be not 2 gag or 2 red grouper per person per http://www.regulations.gov/ significant for purposes of Executive day. * * * #!docketDetail;D=NOAA-NMFS-2014- Order 12866. The Chief Counsel for Regulation of * * * * * 0134, click the ‘‘Comment Now!’’ icon, the Department of Commerce certified ■ 4. In § 622.41, the second sentence in complete the required fields, and enter to the Chief Counsel for Advocacy of the paragraph (e)(2)(ii) is revised and the or attach your comments. VerDate Sep<11>2014 15:31 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1


Document Created: 2018-02-21 10:05:20
Document Modified: 2018-02-21 10:05:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 7, 2015.
ContactRichard Malinowski, telephone: 727- 824-5305, email: [email protected]
FR Citation80 FR 18552 
RIN Number0648-BE62
CFR AssociatedFisheries; Fishing; Gulf; Recreational and Red Grouper
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