80 FR 31880 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 22
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 107 (June 4, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 107 (June 4, 2015)
| Page Range | 31880-31884 | |
| FR Document | 2015-13592 |
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)] [Proposed Rules] [Pages 31880-31884] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13592] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 150305220-5469-01] RIN 0648-BE76 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 22 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes regulations to implement Regulatory Amendment 22 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 22), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would revise the annual catch limits (ACLs) for gag grouper (gag) and wreckfish, and the directed commercial quota for gag, based upon revisions to the acceptable biological catch (ABC) and the optimum yield (OY) for gag and wreckfish. The purpose of this proposed rule is to help achieve OY and prevent overfishing of gag and wreckfish in the South Atlantic region while minimizing, to the extent practicable, adverse social and economic effects to the snapper- grouper fishery. DATES: Written comments must be received on or before July 6, 2015. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2015-0034'' by either 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-2015-0034, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Mary Janine Vara, 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). Electronic copies of Regulatory Amendment 22, which includes an environmental assessment, a Regulatory Flexibility Act (RFA) analysis and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am22/index.html. [[Page 31881]] FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, telephone: 727-824- 5305, email: [email protected]. SUPPLEMENTARY INFORMATION: Gag grouper (gag) and wreckfish are in the snapper-grouper fishery and are 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). Background The Council developed Regulatory Amendment 22 in response to the completion of stock assessments for gag and wreckfish that were reviewed by the Council's Scientific and Statistical Committee (SSC). The SSC made ABC recommendations to the Council for gag and wreckfish that extend through 2019 and 2020, respectively, based upon the data used in the assessments. As noted below, the gag assessment was done through the Southeast Data Assessment and Review (SEDAR) process and the wreckfish assessment was initially prepared by third party scientists and then peer reviewed through the Council's SSC Peer Review Process. The purpose of Regulatory Amendment 22 and this proposed rule is to adjust the ABC, ACL and OY for gag and wreckfish to address the recent stock assessment results and prevent overfishing while minimizing, to the extent practicable, adverse social and economic effects to the snapper-grouper fishery. Status of Stock In 2006, the gag stock was assessed through the SEDAR process and found to be undergoing overfishing and approaching an overfished condition (SEDAR 10 2006). The assessment was updated in 2014 to include data through 2012, and to provide new information on stock status (SEDAR 10 Update 2014). The 2014 update assessment indicated that the stock is undergoing overfishing based on the average fishing mortality rates from 2010-2012, but is not overfished. However, the Council's SSC noted that the fishing mortality rate for 2012, and the projected fishing mortality rate in 2013 based on the actual landings, suggested that overfishing did not occur in 2012 and 2013. Consequently, NMFS determined that the gag stock was not undergoing overfishing. At its April 2014 meeting, the Council's SSC determined that the 2014 update assessment is the best scientific information available and recommended a revised ABC to the Council. The Council chose the recommended ABC, and then chose a revised OY and ACL. A statistical catch-at-age assessment of the wreckfish stock in the South Atlantic was conducted by non-governmental scientists in 2012. This assessment was outside of the formal stock assessment process, and the Council adopted a new SSC Peer Review Process in 2013 to address these types of third-party stock assessments and then determined that the wreckfish statistical catch-at-age assessment should be subject to the new process. The SSC reviewed the revised assessment at its April 2014 meeting, accepted it as representing the best scientific information available, and recommended a revised ABC to the Council. The Council chose the recommended ABC, and then chose a revised OY and ACL. Regulatory Amendment 22 The Council would set a revised ABC, OY, and ACL for gag in Regulatory Amendment 22 to ensure that overfishing does not occur. The ACL and OY for gag would be set equal to 95 percent of the ABC. The directed commercial quota would be reduced from the commercial ACL by 27,218 lb (12,346 kg), gutted weight, to account for discard mortality after the commercial harvest for gag closes but the commercial harvest for shallow-water groupers remains open. The Council also considered revising the recreational bag limit for gag in Regulatory Amendment 22. However, the Council decided not to make any changes to the recreational bag limit at this time. The Council also recommended revising the ABC and OY and ACL for wreckfish in Regulatory Amendment 22, based on the revised stock assessment. The ACL would be set equal to the OY and the ABC. Management Measures Contained in This Proposed Rule Gag ACLs This proposed rule would revise the directed commercial quota and the commercial and recreational ACLs for gag for the 2015 through the 2019 fishing years and subsequent fishing years. The directed commercial quota and the commercial and recreational ACLs would initially decrease from the 2014 levels but would gradually increase and exceed the 2014 levels in 2018, as biomass approaches the stock biomass expected to exist under equilibrium conditions (B MSY ). The commercial accountability measure (AM) for gag closes the commercial sector when the directed commercial quota is reached or projected to be reached. Therefore, this rulemaking would revise the directed commercial quotas for gag for the 2015 through the 2019 fishing years and subsequent fishing years. This proposed rule would also set the recreational ACLs for the 2015 through 2019 fishing years and subsequent fishing years. The recreational AM for gag states that when the recreational ACL is reached and gag are overfished, the recreational sector closes. However, regardless of the overfished status, if the recreational ACL is exceeded then the overage is deducted from the recreational ACL the following fishing year. The commercial ACLs for gag proposed in this rule are: 322,677 lb (146,364 kg), gutted weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb (147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for 2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg), round weight, for 2017; 362,406 lb (164,385 kg), gutted weight, 427,639 lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg), gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and subsequent fishing years. The directed commercial quotas for gag (which are reduced from the commercial ACLs by 27,218 lb (12,346 kg)) proposed in this rule are: 295,459 lb (134,018 kg), gutted weight, 348,642 lb (158,141 kg), round weight, for 2015; 297,882 lb (135,117 kg), gutted weight, 351,501 (159,438 kg), round weight, for 2016; 318,231 lb (144,347 kg), gutted weight, 375,513 lb (170,330 kg), round weight, for 2017; 335,188 lb (152,039 kg), gutted weight, 395,522 lb (179,406 kg), round weight, for 2018; and 347,301 lb (157,533 kg), gutted weight, 409,816 lb (185,889 kg), round weight, for 2019 and subsequent fishing years. The recreational ACLs for gag proposed in this rule are 310,023 lb (148,025 kg), gutted weight, 365,827 (165,936 kg), round weight, for 2015; 312,351 lb (149,137 kg), gutted weight, 368,574 lb (175,981 kg), round weight, for 2016; 331,902 lb (158,472 kg), gutted weight, 391,644 lb (186,997 kg), round weight, for 2017; 348,194 lb (166,251 kg), gutted weight, 410,869 lb (196,176 kg), round weight, for 2018; and 359,832 lb (171,807 kg), gutted weight, 424,602 lb (202,733 kg), round weight, for 2019 and subsequent fishing years. Wreckfish ACLs This proposed rule would set the commercial and recreational ACLs for wreckfish for the 2015 through the 2020 fishing years and subsequent fishing years. The commercial and recreational [[Page 31882]] ACLs would initially increase from 2014 levels but would gradually decrease in subsequent years as biomass approaches BMSY ; however, ACLs would remain above 2014 levels through 2020 and subsequent fishing years. The commercial quota is equal to the commercial ACL and the individual transferable quota (ITQ) program serves as the commercial AM. If the recreational ACL is exceeded, the recreational AM reduces the length of the following fishing season, if necessary, to account for the overage. The commercial ACLs for wreckfish proposed in this rule are: 411,350 lb (186,585 kg), round weight, for 2015; 402,515 (182,578 kg), round weight, for 2016; 393,490 lb (178,484 kg), round weight, for 2017; 385,985 lb (175,080 kg), round weight, for 2018; 376,960 lb (170,986 kg), round weight, for 2019, and 369,645 lb (167,668 kg), round weight, for 2020 and subsequent fishing years. The recreational ACLs for wreckfish proposed in this rule are: 21,650 (9,820 kg), round weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016; 20,710 lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg), round weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; and 19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing years. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the FMP, other provisions of 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. 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 implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: The purpose of Regulatory Amendment 22 and this proposed rule is to adjust the ABC, ACL and OY for gag and wreckfish to address the recent stock assessment results and prevent overfishing while minimizing, to the extent practicable, adverse social and economic effects to the snapper-grouper fishery. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. This proposed rule, if implemented, would be expected to directly apply to all commercial fishing vessels that harvest either gag or wreckfish in the South Atlantic EEZ. Over the period 2009-2013, an average of 245 vessels per year recorded commercial landings of gag and 6 vessels per year recorded commercial landings of wreckfish. More recent final data are not available. Because of where the different species are harvested (wreckfish are harvested at water depths of 450- 600 m (1,476-1,969 ft), whereas gag commonly occur at water depths of 39-152 m (127-499 ft)), these two groups of vessels are assumed to be mutually exclusive, though the vessels that harvest wreckfish may also harvest gag when not fishing for wreckfish and, if so, would be included in the count of vessels harvesting gag. This proposed rule would, therefore, be expected to affect an estimated 245 commercial fishing vessels per year that harvest gag and 6 commercial fishing vessels per year that harvest wreckfish. The estimated average annual gross revenue from all fishing activity by the commercial vessels that harvested gag over this period was approximately $49,000 (2013 dollars) and the average for the vessels that harvested wreckfish was approximately $288,000 (2013 dollars). Charter vessels and headboats (for-hire vessels) sell fishing services, which include the harvest of gag and wreckfish, among other species, to recreational anglers. These vessels provide a platform for the opportunity to fish and not a guarantee to catch or harvest any species, though expectations of successful fishing, however defined, likely factor into the decision to purchase these services. Changing the allowable harvest of a species only defines what can be kept and does not explicitly prevent the continued offer of for-hire fishing services. In response to a change in the allowable harvest of a species, including a zero-fish limit, fishing for other species could continue. Because the proposed changes in the gag and wreckfish quotas would not directly alter the service sold by these vessels, this proposed rule would not directly apply to or regulate their operations. For-hire vessels would continue to be able to offer their core product, which is an attempt to ``put anglers on fish,'' provide the opportunity for anglers to catch whatever their skills enable them to catch, and keep those fish that they desire to keep and are legal to keep. Any change in demand for these fishing services, and associated economic affects, as a result of changing a quota would be a consequence of behavioral change by anglers, secondary to any direct effect on anglers, and, therefore, an indirect effect of this proposed rule. Because the effects on for-hire vessels would be indirect, they fall outside the scope of the RFA. Recreational anglers, who may be directly affected by the proposed changes in the gag and wreckfish quotas, are not small entities under the RFA. NMFS has not identified any other small entities that would be expected to be directly affected by this proposed rule. The SBA has established size criteria for all major industry sectors in the U.S., including commercial fish harvesters. A business involved in commercial fish harvesting is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $20.5 million (NAICS code 114111, finfish fishing) for all its affiliated operations worldwide. Because the average annual revenue estimates provided above are significantly less than the SBA revenue threshold for this sector, all commercial vessels expected to be directly affected by this proposed rule are determined to be small business entities. This proposed rule would set the annual commercial quotas for gag for 2015-2019 and beyond and for wreckfish for 2015-2020 and beyond. The 2019 gag commercial quota would remain in place in subsequent years unless changed, as would the 2020 wreckfish commercial quota. The proposed gag commercial quotas would be expected to result in a total reduction in revenue from gag for all vessels of approximately $154,000 (2013 dollars) in 2015, approximately $142,000 in 2016, and approximately $42,000 in 2017. Beginning in 2018, the proposed gag annual commercial quotas would be more than the current quota and would, as a result, be expected to result in increased revenue from gag each year. If the annual reductions in gag revenue are not offset by increased harvest and revenue from other species (the average annual revenue from other species harvested by these vessels was more than six times the revenue derived from gag from 2009-2013), the projected reductions in revenue from gag would equate to approximately $630 per vessel (245 vessels) in 2015, or approximately 1.3 percent of average annual revenue from all fishing activity, and decline to $580 per vessel in 2016, and $170 per vessel in 2017. Averaged over the entire 5 years (2015-2019), the average annual [[Page 31883]] reduction in revenue per vessel would be approximately $160, or less than 1 percent of the average annual fishing revenue per vessel. As a result, this proposed rule would be expected to result in a minor adverse economic effect on the affected small entities. All of the proposed wreckfish annual commercial quotas would allow higher than currently allowed harvest levels. As a result, the revenue and profits associated with commercial wreckfish harvest could increase and this proposed rule would be expected to have a beneficial economic effect on the affected small entities. Based on the discussion above, NMFS determines that this proposed rule, if implemented, would not have a significant adverse economic effect on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 622 Annual Catch Limits, Fisheries, Fishing, Gag, Quotas, South Atlantic, Wreckfish. Dated: May 29, 2015. 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. 0 2. In Sec. 622.190, the last sentence in the introductory paragraph for paragraph (a) and paragraphs (a)(7) and (b) are revised to read as follows: Sec. 622.190 Quotas. * * * * * (a) * * * The quotas are in gutted weight, that is eviscerated but otherwise whole, except for the quotas in paragraphs (a)(4) through (7) of this section which are in both gutted weight and round weight. * * * * * (7) Gag--(i) For the 2015 fishing year--295,459 lb (134,018 kg), gutted weight; 348,642 lb (158,141 kg), round weight. (ii) For the 2016 fishing year--297,882 lb (135,117 kg), gutted weight; 351,501 (159,438 kg), round weight. (iii) For the 2017 fishing year--318,231 lb (144,347 kg), gutted weight; 375,513 lb (170,330 kg), round weight. (iv) For the 2018 fishing year--335,188 lb (152,039 kg), gutted weight; 395,522 lb (179,406 kg), round weight. (v) For the 2019 and subsequent fishing years--347,301 lb (157,533 kg), gutted weight; 409,816 lb (185,889 kg), round weight. (b) Wreckfish. (1) The quotas for wreckfish apply to wreckfish shareholders, or their employees, contractors, or agents. The quotas are given round weight. See Sec. 622.172 for information on the wreckfish shareholder under the ITQ system. (i) For the 2015 fishing year--411,350 lb (186,585 kg). (ii) For the 2016 fishing year--402,515 (182,578 kg). (iii) For the 2017 fishing year--393,490 lb (178,484 kg). (iv) For the 2018 fishing year--385,985 lb (175,080 kg). (v) For the 2019 fishing year--376,960 lb (170,986 kg). (vi) For the 2020 and subsequent fishing years--369,645 lb (167,668 kg). (2) [Reserved] * * * * * 0 3. In Sec. 622.193, paragraphs (c) and (r) are revised to read as follows: Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs) * * * * * (c) Gag--(1) Commercial sector. If commercial landings, as estimated by the SRD, reach or are projected to reach the applicable directed commercial quota, specified in Sec. 622.190(a)(7), the AA will file a notification with the Office of the Federal Register to close the commercial sector for gag for the remainder of the fishing year. The commercial ACL for gag is 322,677 lb (146,364 kg), gutted weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb (147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for 2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg), round weight, for 2017; 362,406 lb (164,385 kg), gutted weight; 427,639 lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg), gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and subsequent fishing years. (2) Recreational sector. (i) If recreational landings, as estimated by the SRD, reach or are projected to reach the applicable recreational ACL, specified in paragraph (c)(2)(iv) of this section, and gag are overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register to close the gag recreational sector for the remainder of the fishing year. On and after the effective date of such notification, the bag and possession limits for gag in or from the South Atlantic EEZ are zero. These bag and possession limits also apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. (ii) Without regard to overfished status, if gag recreational landings exceed the recreational ACL, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year, to reduce the recreational ACL for that fishing year by the amount of the overage. (iii) Recreational landings will be evaluated relative to the ACL based on a moving multi-year average of landings, as described in the FMP. (iv) The recreational ACL for gag is 310,023 lb (148,025 kg), gutted weight, 365,827 (165,936 kg), round weight, for 2015; 312,351 lb (149,137 kg), gutted weight, 368,574 lb (175,981 kg), round weight, for 2016; 331,902 lb (158,472 kg), gutted weight, 391,644 lb (186,997 kg), round weight, for 2017; 348,194 lb (166,251 kg), gutted weight, 410,869 lb (196,176 kg), round weight, for 2018; and 359,832 lb (171,807 kg), gutted weight, 424,602 lb (202,733 kg), round weight, for 2019 and subsequent fishing years. * * * * * (r) Wreckfish--(1) Commercial sector. The ITQ program for wreckfish in the South Atlantic serves as the accountability measure for commercial wreckfish. The commercial ACL for wreckfish is equal to the applicable commercial quota specified in Sec. 622.190(b). (2) Recreational sector. (i) If recreational landings for wreckfish, as estimated by the SRD, exceed the recreational ACL specified in paragraph (r)(2)(ii) of this section, 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. However, the length of the recreational season will also not be reduced during the following fishing year if the RA determines, using the best scientific information available, that a reduction in the length of the following fishing season is unnecessary. [[Page 31884]] (ii) The recreational ACL for wreckfish is 21,650 (9,820 kg), round weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016; 20,710 lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg), round weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; and 19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing years. * * * * * [FR Doc. 2015-13592 Filed 6-3-15; 8:45 am] BILLING CODE 3510-22-P
![31880 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules
possible. For example, you should tell Arizona Ecological Services Field Office SUMMARY: NMFS proposes regulations to
us the numbers of the sections or (see FOR FURTHER INFORMATION CONTACT). implement Regulatory Amendment 22
paragraphs that are unclearly written, to the Fishery Management Plan for the
Authority
which sections or sentences are too Snapper-Grouper Fishery of the South
long, the sections where you feel lists or The authority for this section is Atlantic Region (FMP) (Regulatory
tables would be useful, etc. section 4 of the Endangered Species Act Amendment 22), as prepared and
of 1973, as amended (16 U.S.C. 1531 et submitted by the South Atlantic Fishery
Paperwork Reduction Act of 1995 (44 seq.). Management Council (Council). If
U.S.C. 3501, et seq.)
Author(s) implemented, this proposed rule would
This rule does not contain any revise the annual catch limits (ACLs) for
The primary authors of this document gag grouper (gag) and wreckfish, and the
collections of information that require
are the staff members of the Arizona directed commercial quota for gag,
approval by the Office of Management
Ecological Services Field Office, U.S.
and Budget (OMB) under the Paperwork based upon revisions to the acceptable
Fish and Wildlife Service (see FOR
Reduction Act. This rule will not biological catch (ABC) and the optimum
FURTHER INFORMATION CONTACT).
impose recordkeeping or reporting yield (OY) for gag and wreckfish. The
requirements on State or local List of Subjects in 50 CFR Part 17 purpose of this proposed rule is to help
governments, individuals, businesses, or Endangered and threatened species, achieve OY and prevent overfishing of
organizations. An agency may not Exports, Imports, Reporting and gag and wreckfish in the South Atlantic
conduct or sponsor and a person is not recordkeeping requirements, region while minimizing, to the extent
required to respond to a collection of Transportation. practicable, adverse social and
information unless it displays a economic effects to the snapper-grouper
currently valid OMB control number. Proposed Regulation Promulgation fishery.
Accordingly, we propose to amend DATES: Written comments must be
National Environmental Policy Act
part 17, subchapter B of chapter I, title received on or before July 6, 2015.
We have determined that 50 of the Code of Federal Regulations,
ADDRESSES: You may submit comments
environmental assessments and as set forth below:
environmental impact statements, as on the proposed rule, identified by
defined under the authority of the PART 17—[AMENDED] ‘‘NOAA–NMFS–2015–0034’’ by either
National Environmental Policy Act of of the following methods:
■ 1. The authority citation for part 17 • Electronic Submission: Submit all
1969, need not be prepared in
continues to read as follows: electronic public comments via the
connection with regulations adopted
pursuant to section 4(a) of the Act. We Authority: 16 U.S.C. 1361–1407; 1531– Federal e-Rulemaking Portal. Go to
published a notice outlining our reasons 1544; 4201–4245; unless otherwise noted. www.regulations.gov/
for this determination in the Federal #!docketDetail;D=NOAA-NMFS-2015-
§ 17.11 [Amended]
Register on October 25, 1983 (48 FR 0034, click the ‘‘Comment Now!’’ icon,
■ 2. Amend § 17.11(h) by removing the complete the required fields, and enter
49244). entry for ‘‘Vole, Hualapai Mexican’’ or attach your comments.
Government-to-Government from the List of Endangered and
Threatened Wildlife. • Mail: Submit written comments to
Relationship With Tribes Mary Janine Vara, Southeast Regional
Dated: May 22, 2015. Office, NMFS, 263 13th Avenue South,
In accordance with the President’s
Stephen Guertin, St. Petersburg, FL 33701.
memorandum of April 29, 1994,
‘‘Government-to-Government Relations Acting Director, U.S. Fish and Wildlife Instructions: Comments sent by any
Service. other method, to any other address or
with Native American Tribal
Governments’’ (59 FR 22951), Executive [FR Doc. 2015–13479 Filed 6–3–15; 8:45 am] individual, or received after the end of
Order 13175, and the Department of the BILLING CODE 4310–55–P the comment period, may not be
Interior’s manual at 512 DM 2, we considered by NMFS. All comments
readily acknowledge our responsibility received are a part of the public record
to communicate meaningfully with DEPARTMENT OF COMMERCE and will generally be posted for public
recognized Federal Tribes on a National Oceanic and Atmospheric viewing on www.regulations.gov
government-to-government basis. Administration without change. All personal identifying
Therefore, we will solicit information information (e.g., name, address, etc.),
from Native American Tribes during the 50 CFR Part 622 confidential business information, or
comment period to determine potential otherwise sensitive information
effects on them or their resources that [Docket No. 150305220–5469–01] submitted voluntarily by the sender will
may result from the delisting of the RIN 0648–BE76 be publicly accessible. NMFS will
Hualapai Mexican vole, and we will accept anonymous comments (enter ‘‘N/
fully consider their comments on the Fisheries of the Caribbean, Gulf of A’’ in the required fields if you wish to
proposed rule submitted during the Mexico, and South Atlantic; Snapper- remain anonymous).
public comment period. We have Grouper Fishery Off the Southern Electronic copies of Regulatory
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
already been in contact with the Atlantic States; Regulatory Amendment 22, which includes an
Hualapai Tribe’s Natural Resource Amendment 22 environmental assessment, a Regulatory
Department. AGENCY: National Marine Fisheries Flexibility Act (RFA) analysis and a
References Cited Service (NMFS), National Oceanic and regulatory impact review, may be
Atmospheric Administration (NOAA), obtained from the Southeast Regional
A complete list of all references cited Commerce. Office Web site at http://
in this rule is available on the Web site, sero.nmfs.noaa.gov/sustainable_
ACTION: Proposed rule; request for
http://www.regulations.gov, or upon fisheries/s_atl/sg/2015/reg_am22/
comments.
request from the Field Supervisor, index.html.
VerDate Sep<11>2014 14:23 Jun 03, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.SGM 04JNP1](https://thefederalregister.org/doc/80_FR_31987/page/1.svg)
![Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules 31883
reduction in revenue per vessel would (iv) For the 2018 fishing year— effective date of such notification, the
be approximately $160, or less than 1 335,188 lb (152,039 kg), gutted weight; bag and possession limits for gag in or
percent of the average annual fishing 395,522 lb (179,406 kg), round weight. from the South Atlantic EEZ are zero.
revenue per vessel. As a result, this (v) For the 2019 and subsequent These bag and possession limits also
proposed rule would be expected to fishing years—347,301 lb (157,533 kg), apply in the South Atlantic on board a
result in a minor adverse economic gutted weight; 409,816 lb (185,889 kg), vessel for which a valid Federal
effect on the affected small entities. round weight. commercial or charter vessel/headboat
All of the proposed wreckfish annual (b) Wreckfish. (1) The quotas for permit for South Atlantic snapper-
commercial quotas would allow higher wreckfish apply to wreckfish grouper has been issued, without regard
than currently allowed harvest levels. shareholders, or their employees, to where such species were harvested,
As a result, the revenue and profits contractors, or agents. The quotas are i.e., in state or Federal waters.
associated with commercial wreckfish given round weight. See § 622.172 for (ii) Without regard to overfished
harvest could increase and this information on the wreckfish status, if gag recreational landings
proposed rule would be expected to shareholder under the ITQ system. exceed the recreational ACL, the AA
have a beneficial economic effect on the (i) For the 2015 fishing year—411,350 will file a notification with the Office of
affected small entities. lb (186,585 kg). the Federal Register, at or near the
Based on the discussion above, NMFS (ii) For the 2016 fishing year—402,515 beginning of the following fishing year,
determines that this proposed rule, if (182,578 kg). to reduce the recreational ACL for that
implemented, would not have a (iii) For the 2017 fishing year— fishing year by the amount of the
significant adverse economic effect on a 393,490 lb (178,484 kg). overage.
substantial number of small entities. As (iv) For the 2018 fishing year— (iii) Recreational landings will be
a result, an initial regulatory flexibility 385,985 lb (175,080 kg). evaluated relative to the ACL based on
analysis is not required and none has (v) For the 2019 fishing year—376,960 a moving multi-year average of landings,
been prepared. lb (170,986 kg). as described in the FMP.
(vi) For the 2020 and subsequent (iv) The recreational ACL for gag is
List of Subjects in 50 CFR Part 622 310,023 lb (148,025 kg), gutted weight,
fishing years—369,645 lb (167,668 kg).
Annual Catch Limits, Fisheries, (2) [Reserved] 365,827 (165,936 kg), round weight, for
Fishing, Gag, Quotas, South Atlantic, * * * * * 2015; 312,351 lb (149,137 kg), gutted
Wreckfish. ■ 3. In § 622.193, paragraphs (c) and (r) weight, 368,574 lb (175,981 kg), round
Dated: May 29, 2015. are revised to read as follows: weight, for 2016; 331,902 lb (158,472
Samuel D. Rauch III, kg), gutted weight, 391,644 lb (186,997
§ 622.193 Annual catch limits (ACLs), kg), round weight, for 2017; 348,194 lb
Deputy Assistant Administrator for annual catch targets (ACTs), and
Regulatory Programs, National Marine (166,251 kg), gutted weight, 410,869 lb
accountability measures (AMs) (196,176 kg), round weight, for 2018;
Fisheries Service.
* * * * * and 359,832 lb (171,807 kg), gutted
For the reasons set out in the (c) Gag—(1) Commercial sector. If
preamble, 50 CFR part 622 is proposed weight, 424,602 lb (202,733 kg), round
commercial landings, as estimated by weight, for 2019 and subsequent fishing
to be amended as follows: the SRD, reach or are projected to reach years.
PART 622—FISHERIES OF THE the applicable directed commercial * * * * *
CARIBBEAN, GULF OF MEXICO, AND quota, specified in § 622.190(a)(7), the (r) Wreckfish—(1) Commercial sector.
SOUTH ATLANTIC AA will file a notification with the The ITQ program for wreckfish in the
Office of the Federal Register to close South Atlantic serves as the
■ 1. The authority citation for part 622 the commercial sector for gag for the accountability measure for commercial
continues to read as follows: remainder of the fishing year. The wreckfish. The commercial ACL for
Authority: 16 U.S.C. 1801 et seq. commercial ACL for gag is 322,677 lb wreckfish is equal to the applicable
(146,364 kg), gutted weight, 380,759 lb commercial quota specified in
■ 2. In § 622.190, the last sentence in the
introductory paragraph for paragraph (a) (172,709 kg), round weight, for 2015; § 622.190(b).
and paragraphs (a)(7) and (b) are revised 325,100 lb (147,463 kg), gutted weight, (2) Recreational sector. (i) If
to read as follows: 383,618 lb (174,006 kg), round weight, recreational landings for wreckfish, as
for 2016; 345,449 lb (197,516 kg), gutted estimated by the SRD, exceed the
§ 622.190 Quotas. weight, 407,630 lb (184,898 kg), round recreational ACL specified in paragraph
* * * * * weight, for 2017; 362,406 lb (164,385 (r)(2)(ii) of this section, then during the
(a) * * * The quotas are in gutted kg), gutted weight; 427,639 lb (193,974 following fishing year, recreational
weight, that is eviscerated but otherwise kg), round weight, for 2018; and 374,519 landings will be monitored for a
whole, except for the quotas in lb (169,879 kg), gutted weight, 441,932 persistence in increased landings and, if
paragraphs (a)(4) through (7) of this lb (200,457 kg), round weight, for 2019 necessary, the AA will file a notification
section which are in both gutted weight and subsequent fishing years. with the Office of the Federal Register,
and round weight. (2) Recreational sector. (i) If to reduce the length of the following
* * * * * recreational landings, as estimated by recreational fishing season by the
(7) Gag—(i) For the 2015 fishing the SRD, reach or are projected to reach amount necessary to ensure recreational
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
year—295,459 lb (134,018 kg), gutted the applicable recreational ACL, landings do not exceed the recreational
weight; 348,642 lb (158,141 kg), round specified in paragraph (c)(2)(iv) of this ACL in the following fishing year.
weight. section, and gag are overfished, based However, the length of the recreational
(ii) For the 2016 fishing year—297,882 on the most recent Status of U.S. season will also not be reduced during
lb (135,117 kg), gutted weight; 351,501 Fisheries Report to Congress, the AA the following fishing year if the RA
(159,438 kg), round weight. will file a notification with the Office of determines, using the best scientific
(iii) For the 2017 fishing year— the Federal Register to close the gag information available, that a reduction
318,231 lb (144,347 kg), gutted weight; recreational sector for the remainder of in the length of the following fishing
375,513 lb (170,330 kg), round weight. the fishing year. On and after the season is unnecessary.
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![31884 Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Proposed Rules
(ii) The recreational ACL for complete the required fields, and enter (3) basking, megamouth, and great white
wreckfish is 21,650 (9,820 kg), round or attach your comments. sharks can be kept provided they are
weight, for 2015; 21,185 lb (9,609 kg), • Mail: Submit written comments to sold or donated to recognized scientific
round weight, for 2016; 20,710 lb (9,394 Taylor Debevec, NMFS West Coast and educational organizations for
kg), round weight, for 2017; 20,315 lb Region Long Beach Office, 501 W. research or display purposes. The
(9,215 kg), round weight, for 2018; Ocean Blvd., Suite 4200, Long Beach, implementing regulations, however,
19,840 lb (8,999 kg), round weight, for CA 90802. Include the identifier only identify the first exception above;
2019; and 19,455 lb (8,825 kg), round ‘‘NOAA–NMFS–2015–0006’’ in the the second and third are not included in
weight, for 2020 and subsequent fishing comments. the regulations. The prohibited species
years. Instructions: Comments must be policy of the FMP was designed with
* * * * * submitted by one of the above methods the second and third exceptions to:
[FR Doc. 2015–13592 Filed 6–3–15; 8:45 am] to ensure they are received, Prevent salmon and Pacific halibut from
BILLING CODE 3510–22–P
documented, and considered by NMFS. being retained as incidental catch in
Comments sent by any other method, to HMS fisheries, and not preclude
any other address or individual, or fishermen from legally participating in
DEPARTMENT OF COMMERCE received after the end of the comment salmon and Pacific halibut fisheries
period, may not be considered. All (permits, closures, gears, etc.); and
National Oceanic and Atmospheric comments received are a part of the discourage targeting of the rare and low
Administration public record and will generally be productivity sharks, and not waste them
posted for public viewing on if caught.
50 CFR Part 660 www.regulations.gov without change. The current regulations refer to
All personal identifying information prohibited species in three sections of
[Docket No. 150112035–5035–01]
(e.g., name, address, etc.) submitted the Code of Federal Regulations (in title
RIN 0648–BE80 voluntarily by the sender will be 50 part 660 subpart K), which,
publicly accessible. Do not submit collectively, do not convey the full
Fisheries Off West Coast States; confidential business information, or prohibited species policy of the HMS
Highly Migratory Species Fishery otherwise sensitive or protected FMP. The definition of ‘‘prohibited
Management Plan; Revision to information. NMFS will accept species’’ (§ 660.702) does not specify a
Prohibited Species Regulations anonymous comments (enter ‘‘N/A’’ in list of prohibited species and is vague
AGENCY: National Marine Fisheries the required fields if you wish to remain about the exceptions. The regulations on
Service (NMFS), National Oceanic and anonymous). prohibitions (§ 660.705(e)) describe the
Copies of the draft Regulatory Impact action that should be taken if a
Atmospheric Administration (NOAA),
Review (RIR) and other supporting prohibited species is caught (i.e., return
Commerce.
documents are available via the Federal the fish to sea), but does not incorporate
ACTION: Proposed rule; request for the exceptions. Finally, the regulations
comments. eRulemaking Portal: http://
www.regulations.gov, docket NOAA– on general catch restrictions
SUMMARY: NMFS is proposing NMFS–2015–0006 or contact the (§ 660.711(a)) identify the species that
regulations under the Magnuson- Regional Administrator, William W. are prohibited in HMS fisheries. The
Stevens Fishery Conservation and Stelle, Jr., NMFS West Coast Region, lack of clarity and cohesion with the
Management Act (MSA) to revise the 7600 Sand Point Way NE., Bldg. 1, HMS FMP has prompted NMFS to
prohibited species regulations so that Seattle, WA 98115–0070, or modify the three sections of the
each of the exceptions to the policy in RegionalAdministrator.WCRHMS@ regulations that govern prohibited
the Fishery Management Plan are noaa.gov. species.
explicitly identified in the regulations. FOR FURTHER INFORMATION CONTACT: Proposed Regulations
The specific exceptions will allow HMS Taylor Debevec, NMFS, 562–980–4066. The proposed rule would codify at
fishermen to retain: (1) Salmon and SUPPLEMENTARY INFORMATION: § 660.705(e) the second and third
Pacific halibut, if all of the necessary
exceptions in the prohibited species
regulations for those respective fisheries Background
policy of the HMS FMP, as described
are followed; and (2) basking, The HMS FMP was implemented in a above. The definition of ‘‘Prohibited
megamouth, and great white sharks, if final rule published on April 7, 2004 (69 species’’ at § 660.702 would be revised
they are sold or donated to a scientific FR 18444). NMFS was recently to remove the general description of
or educational organization. This action informed of a discrepancy between the what a prohibited species means, and
is necessary to more accurately reflect implementing regulations and the intent instead simply set forth the species
the intent of the Fishery Management of the HMS FMP regarding the policy on names; the prohibited species
Plan for U.S. West Coast Fisheries for prohibited species. The HMS FMP themselves would not change. As a
Highly Migratory Species (HMS FMP). identifies several fish as ‘‘prohibited result, the regulations at § 660.711(a),
DATES: Comments must be received on species’’ (salmon, Pacific halibut, which currently include the species
or before June 19, 2015. basking shark, megamouth shark, and names, would be redundant and,
ADDRESSES: You may submit comments great white shark) that cannot be therefore, would be deleted. By
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
on this document, identified by NOAA– retained in HMS fisheries, with the correcting the language at § 660.705(e)
NMFS–2015–0006, by any of the following exceptions: (1) Any can be to explicitly identify all the exceptions
following methods: kept for examination by an authorized and revising the definition of prohibited
• Electronic Submission: Submit all observer or to return tagged fish as species, the regulations would be
electronic public comments via the specified by the tagging agency; (2) consistent with the HMS FMP.
Federal e-Rulemaking Portal. Go to salmon and Pacific halibut can be kept
http://www.regulations.gov/ provided all applicable state and Classification
#!docketDetail;D=NOAA-NMFS-2015- Federal regulations are followed (e.g., The NMFS West Coast Regional
0006, click the ‘‘Comment Now!’’ icon, gear, permits, season, fishing area); and Administrator has preliminarily
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Document Created: 2015-12-15 15:23:30
Document Modified: 2015-12-15 15:23:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Written comments must be received on or before July 6, 2015. | |
| Contact | Mary Janine Vara, telephone: 727-824- 5305, email: [email protected] | |
| FR Citation | 80 FR 31880 | |
| RIN Number | 0648-BE76 | |
| CFR Associated | Annual Catch Limits; Fisheries; Fishing; Gag; Quotas; South Atlantic and Wreckfish |
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