81 FR 34944 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 25
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 105 (June 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 105 (June 1, 2016)
| Page Range | 34944-34947 | |
| FR Document | 2016-12846 |
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)] [Proposed Rules] [Pages 34944-34947] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12846] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160225143-6143-01] RIN 0648-BF61 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 25 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 25 for the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Regulatory Amendment 25) as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would revise the commercial and recreational annual catch limits (ACLs), the commercial trip limit, and the recreational bag limit for blueline tilefish. Additionally, this proposed rule would revise the black sea bass recreational bag limit and the the commercial and recreational fishing years for yellowtail snapper. The purpose of this proposed rule for blueline tilefish is to increase the optimum yield (OY) and ACLs based on a revised acceptable biological catch (ABC) recommendation from the Council's Scientific and Statistical Committee (SSC). The purpose of this proposed rule is also to achieve OY for black sea bass and adjust the fishing year for yellowtail snapper to better protect the species while allowing for economic benefits to fishers. DATES: Written comments must be received on or before June 16, 2016. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2016-0042'' 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-2016-0042, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Rick DeVictor, 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 required fields if you wish to remain anonymous). Electronic copies of Regulatory Amendment 25, which includes an environmental assessment, a Regulatory Flexibility Act analysis, regulatory impact review, and fishery impact statement, may be obtained from www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am25/index.html. FOR FURTHER INFORMATION CONTACT: Rick DeVictor, NMFS, SERO, telephone: 727-551-5720 or email: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic Region is managed under the FMP and includes blueline tilefish, black sea bass, and yellowtail snapper. 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 Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, OY from federally managed fish stocks. These [[Page 34945]] mandates are 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, while also protecting marine ecosystems. Stock Status In 2013, the Southeast Data, Assessment and Review (SEDAR) assessment (SEDAR 32) for blueline tilefish found the stock to be undergoing overfishing, based on data through 2011. In 2015, the Council specified a blueline tilefish ACL in Amendment 32 to the FMP, based on the results of SEDAR 32 and an ABC recommendation from the Council's SSC, and on March 30, 2015, NMFS issued a final rule to implement Amendment 32 (80 FR 16583). In Regulatory Amendment 25, the Council is revising the blueline tilefish ACL based on a new ABC recommendation from the Council's SSC, and an increase in the buffer between ABC and ACL to account for management uncertainty. In 2013, the SEDAR 25 Update determined that the black sea bass stock in the South Atlantic is neither overfished nor undergoing overfishing, and that the stock is rebuilt. The final rule to implement Regulatory Amendment 19 established increases in the total ACL and commercial and recreational ACLs for black sea bass (78 FR 58249, September 23, 2013). The state of Florida completed a stock assessment for yellowtail snapper in May 2012. The assessment determined that the stock, in the South Atlantic and Gulf of Mexico waters (state and Federal waters) combined, is neither overfished nor undergoing overfishing. The final rule to implement Regulatory Amendment 15 to the FMP implemented the current ACLs for this stock in the South Atlantic (78 FR 49183, August 13, 2013). Management Measures Contained in This Proposed Rule This proposed rule would revise the commercial and recreational ACLs, commercial trip limit, and recreational bag limit for blueline tilefish; revise the recreational bag limit for black sea bass; and revise the fishing year for the yellowtail snapper commercial and recreational sectors. All ABC and ACL weights in this proposed rule are expressed in round weight. Blueline Tilefish ACLs This proposed rule would revise the commercial and recreational ACLs for blueline tilefish. The current commercial ACLs are 26,766 lb (12,141 kg) for 2016, 35,785 lb (16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018, and subsequent fishing years. The current recreational ACLs are 26,691 lb (12,107 kg) for 2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb (19,924 kg) for 2018, and subsequent fishing years. These ACLs were implemented through Amendment 32 to the FMP (80 FR 16583, March 30, 2015). This proposed rule would increase both the commercial and recreational ACLs for blueline tilefish in the South Atlantic. The commercial ACL would be set at 87,521 lb (39,699 kg) and the recreational ACL would be set at 87,277 lb (39,588 kg). In Regulatory Amendment 25, the Council is revising the blueline tilefish ACL based on a new ABC recommendation from the Council's SSC. Following the SEDAR 32 assessment, the SSC provided an ABC recommendation to the Council based on the ABC projections developed after SEDAR 32. In September 2015, the SSC raised concerns about the utility of projections from SEDAR 32 in specifying the ABC and concluded that the ABC projections do not represent the best scientific information available and are not adequate to support blueline tilefish fishing level recommendations for either current or future years. Based on that determination, the SSC revised their blueline tilefish ABC recommendation to set the ABC at the equilibrium yield at 75 percent of the fishing mortality that produces the maximum sustainable yield (224,100 lb (101,650 kg)). The Council accepted the SSC's recommendations and determined that this revised ABC is sufficient to prevent the overfishing of blueline tilefish. The Council is also revising the ACL to increase the buffer between the ABC and ACL from 2 percent to 22 percent. The increase in the buffer is to account for management uncertainty, such as increased landings north of the Council's area of jurisdiction. In Amendment 32 to the FMP, the Council set the total ACL (combined commercial and recreational ACL) for the South Atlantic at 98 percent of the recommended ABC for the entire Atlantic region to account for management uncertainty, since the stock assessment was coast-wide and the Council was aware that some landings of blueline tilefish occurred north of North Carolina. In Regulatory Amendment 25, the Council has determined to set the total ACL at 78 percent of the ABC. This decision is based on a comparison of the landings between the South Atlantic and Greater Atlantic Regions (Maine through Virginia) which indicate that 22 percent of the landings from 2011-2014 are from the Greater Atlantic Region. Blueline Tilefish Commercial Trip Limit The current commercial trip limit for blueline tilefish is 100 lb (45 kg), gutted weight; 112 lb (51 kg), round weight, and was implemented in Amendment 32. The Council selected that trip limit as a way to slow the commercial harvest of blueline tilefish, potentially lengthen the commercial fishing season, and reduce the risk of the commercial ACL being exceeded. This proposed rule would increase the blueline tilefish commercial trip limit to 300 lb (136 kg) gutted weight; 336 lb (152 kg), round weight. The Council decided that an appropriate response to the increase in ABC and proposed increase in total ACL is to increase the commercial trip limit. The increase in the commercial trip limit would reduce adverse socioeconomic effects to commercial fishermen. In addition, the increase in the commercial trip limit is not expected to result in an in-season closure of blueline tilefish. Blueline Tilefish and Black Sea Bass Recreational Bag Limits This proposed rule would revise the recreational bag limits for both blueline tilefish and black sea bass. The current blueline tilefish bag limit is one fish per vessel per day for the months of May through August and is part of the aggregate bag limit for grouper and tilefish. There is no recreational retention of blueline tilefish during the rest of the fishing year. This bag limit was implemented in Amendment 32 to the FMP. In conjunction with the proposed increase in the recreational ACL in Regulatory Amendment 25, this proposed rule would increase the recreational bag limit to three fish per person per day for the months of May through August and remain as part of the aggregate bag limit for grouper and tilefish. There would continue to be no recreational retention of blueline tilefish during the months of January through April and September through December, each year. The current bag limit for black sea bass in 5 fish per person per day and was implemented through the final rule for Regulatory Amendment 9 to the FMP (76 FR 34892, June 15, 2011). The proposed rule would increase the recreational bag limit for black sea bass to 7 fish per person per day. The Council decided to increase the bag limit to help achieve OY, since the recreational ACL has not been met in recent years. Additionally, increasing the bag limit to 7 fish is not expected to result in exceeding the recreational [[Page 34946]] ACL or requiring an in-season closure of the recreational sector. Yellowtail Snapper Fishing Year The current fishing fishing year for the yellowtail snapper commercial and recreational sectors in the South Atlantic is January 1 through December 31. The in-season accountability measure for the commercial sector is to close yellowtail snapper when the commercial ACL is met or projected to be met. Recently, commercial harvest of yellowtail snapper in the South Atlantic waters was closed from October 31, 2015, through December 31, 2015, because the commercial ACL was met (80 FR 65970, October 28, 2015). This proposed rule would revise the fishing year for both the commercial and recreational sectors to be August 1 through July 31, each year. Changing the start of the fishing year to August 1 would benefit both sectors because it would ensure that harvest is open during the winter months when yellowtail snapper obtain a higher price per pound commercially and during peak tourist season in south Florida, where the majority of yellowtail snapper harvest takes place. Additionally, if an in-season closure for the commercial sector were to occur as a result of the ACL being met, it is likely that such a closure would occur later in the fishing year. With a fishing year start date of August 1, then it is more likely that any such closure would coincide with the yellowtail snapper peak spawning period of May through June, thereby possibly providing some additional biological benefits to the stock. 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 Regulatory Amendment 25, 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. No duplicative, overlapping, or conflicting Federal rules have been identified. 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 adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is as follows. The proposed rule would directly apply to anglers that harvest blueline tilefish, black sea bass, and yellowtail snapper in the South Atlantic exclusive economic zone (EEZ). Anglers are not considered small entities as that term is defined in 5 U.S.C. 601(6), whether fishing from for-hire fishing (charter vessel or headboat), private or leased vessels. Consequently, any impacts of the proposed rule on anglers are not considered in this analysis. The proposed rule would directly apply to finfish commercial fishing businesses that harvest blueline tilefish and yellowtail snapper in the South Atlantic EEZ. An annual average of 123 vessels harvested blueline tilefish and an annual average of 256 vessels harvested yellowtail snapper in the South Atlantic EEZ from 2010 through 2014. The Small Business Administration established size criteria for all major industry sectors in the U.S., including finfish fishing. A business involved in finfish fishing 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 its combined annual receipts are not in excess of $20.5 million (NAICS code 114111) for all of its affiliated operations worldwide. The average annual dockside revenue of a vessel that lands blueline tilefish is estimated to be $74,907 (2014 dollars), and the average annual dockside revenue of a vessel that lands yellowtail snapper is estimated to be $39,300 (2014 dollars). NMFS estimates that the 123 vessels that harvest blueline tilefish and 256 vessels that harvest yellowtail snapper are operated by 107 and 223 businesses, respectively, and NMFS concludes that all of these businesses are small. The proposed rule would increase the commercial ACL of blueline tilefish, which would allow for increases in average annual landings of up to 48,582 lb (22,036 kg) and average annual dockside revenues of up to $107,366 (2014 dollars). Those increases divided across the 107 small businesses that harvest blueline tilefish would yield an average annual benefit from increased dockside revenue of $1,003 per business. The proposed rule would increase the commercial trip limit for blueline tilefish from 100 lb (45.4 kg) to 300 lb (136 kg), gutted weight. Prior to 2015, there was no commercial trip limit and from 2010 through 2014, an annual average of 82 vessels operated by an estimated 71 small businesses landed less than 100 lb (45 kg) per trip and an annual average of 41 vessels operated by an estimated 36 small businesses landed more than 100 lb (45 kg) per trip. The trip limit increase is expected to benefit the 36 small businesses that had landings greater than 100 lb (45 kg), and their combined annual dockside revenues are expected to increase from $66,200 to $78,489 (2014 dollars). The increases in annual dockside revenues would not be equal. Eleven of the 36 small businesses would have an average annual increase from $7 to $729, six would have an average annual increase from $736 to $1,458, and 19 would have an average annual increase of $3,249. The proposed rule would revise the commercial fishing year for yellowtail snapper from January 1 through December 31 to August 1 through July 31. From 2012 through 2014, the commercial fishing year remained open for all 12 months; however, in 2015, the commercial season closed in October when landings reached the commercial ACL. This analysis presumes the 2015 rate of commercial landings is indicative of future annual landings and, therefore, concludes that future 12-month seasons will close by the end of the 10th month. The proposed action to revise the commercial fishing year would change the two months when the season is expected to be closed: From November and December to June and July. From 2010 to 2014, dockside prices of yellowtail snapper were, on average, lowest from May through July and higher in November and December. That suggests that the proposed rule could benefit the 223 small businesses that harvest yellowtail snapper because the 2 months of the season that are expected to be closed (June and July) would have lower dockside prices than November and December. The proposed rule would also adjust the recreational bag limit for blueline tilefish, increase the recreational bag limit for black sea bass, and modify the recreational fishing year for yellowtail snapper. Those actions are not relevant to this analysis because they directly affect anglers and anglers are not small entities as explained earlier. Because this proposed rule would not have a significant direct adverse economic effect on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 622 Black sea bass, Blueline tilefish, Commercial, Fisheries, Fishing, Recreational, South Atlantic, Yellowtail snapper. [[Page 34947]] Dated: May 19, 2016. 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. 622.7, add paragraph (f) to read as follows: Sec. 622.7 Fishing years. * * * * * (f) South Atlantic yellowtail snapper--August 1 through July 31 . 0 3. In Sec. 622.187: 0 a. Revise paragraph (b)(2)(iii); 0 b. Remove and reserve paragraph (b)(2)(iv); and 0 c. Revise paragraph (b)(7). The revisions read as follows: Sec. 622.187 Bag and possession limits. * * * * * (b) * * * (2) * * * (iii) No more than one fish may be a golden tilefish; and * * * * * (7) Black sea bass--7. * * * * * 0 4. In Sec. 622.191, revise paragraph (a)(10) to read as follows: Sec. 622.191 Commercial trip limits. * * * * * (a) * * * (10) Blueline tilefish. Until the ACL specified in Sec. 622.193(z)(1)(i) is reached or projected to be reached, 300 lb (136 kg), gutted weight; 336 lb (152 kg), round weight. See Sec. 622.193(z)(1)(i) for the limitations regarding blueline tilefish after the commercial ACL is reached. * * * * * 0 5. In Sec. 622.193, revise paragraph (z) to read as follows: Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). * * * * * (z) Blueline tilefish--(1) Commercial sector. (i) If commercial landings for blueline tilefish, as estimated by the SRD, reach or are projected to reach the commercial ACL of 87,521 lb (39,699 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. On and after the effective date of such a notification, all sale or purchase of blueline tilefish is prohibited and harvest or possession of blueline tilefish in or from the South Atlantic EEZ is limited to the bag and possession limits. These bag and possession limits 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) If commercial landings exceed the ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (z)(3) of this section, is exceeded, and blueline tilefish is 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, at or near the beginning of the following fishing year to reduce the commercial ACL for that following year by the amount of the commercial ACL overage in the prior fishing year. (2) Recreational sector. (i) If recreational landings for blueline tilefish, as estimated by the SRD, are projected to reach the recreational ACL of 87,277 lb (39,588 kg), round weight, the AA will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year, unless the RA determines that no closure is necessary based on the best scientific information available. On and after the effective date of such a notification, the bag and possession limits are zero. (ii) If recreational landings for blueline tilefish, exceed the applicable recreational ACL, and the combined commercial and recreational ACL (total ACL) specified in paragraph (z)(3) of this section is exceeded, and blueline tilefish is 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 reduce the length of the recreational fishing season in the following fishing year to ensure recreational landings do not exceed the recreational ACL the following fishing year. When NMFS reduces the length of the following recreational fishing season and closes the recreational sector, the following closure provisions apply: The bag and possession limits for blueline tilefish in or from the South Atlantic EEZ are zero. Additionally, the recreational ACL will be reduced by the amount of the recreational ACL overage in the prior fishing year. The fishing season and recreational ACL will not be reduced if the RA determines, using the best scientific information available, that no reduction is necessary. (3) The combined commercial and recreational sector ACL (total ACL) is 174,798 lb (79,287 kg), round weight. [FR Doc. 2016-12846 Filed 5-31-16; 8:45 am] BILLING CODE 3510-22-P
![34944 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52 DATES: Written comments must be
Thus, in reviewing SIP submissions, Environmental protection, Air received on or before June 16, 2016.
EPA’s role is to approve state choices, pollution control, Incorporation by ADDRESSES: You may submit comments
provided that they meet the criteria of reference, Nitrogen dioxide, Ozone, on the proposed rule, identified by
the CAA. Accordingly, this proposed Reporting and recordkeeping ‘‘NOAA–NMFS–2016–0042’’ by either
action merely proposes to approve state requirements, Volatile organic of the following methods:
law as meeting federal requirements and compounds. • Electronic Submission: Submit all
does not impose additional electronic public comments via the
requirements beyond those imposed by Authority: 42 U.S.C. 7401 et seq. Federal e-Rulemaking Portal. Go to
state law. For that reason, this proposed Dated: May 19, 2106. www.regulations.gov/
action: Heather McTeer Toney, #!docketDetail;D=NOAA-NMFS-2016-
• Is not a ‘‘significant regulatory Regional Administrator, Region 4. 0042, click the ‘‘Comment Now!’’ icon,
action’’ subject to review by the Office [FR Doc. 2016–12805 Filed 5–31–16; 8:45 am] complete the required fields, and enter
of Management and Budget under BILLING CODE 6560–50–P
or attach your comments.
Executive Orders 12866 (58 FR 51735, • Mail: Submit written comments to
October 4, 1993) and 13563 (76 FR 3821, Rick DeVictor, Southeast Regional
January 21, 2011); Office, NMFS, 263 13th Avenue South,
DEPARTMENT OF COMMERCE
St. Petersburg, FL 33701.
• does not impose an information Instructions: Comments sent by any
collection burden under the provisions National Oceanic and Atmospheric
Administration other method, to any other address or
of the Paperwork Reduction Act (44 individual, or received after the end of
U.S.C. 3501 et seq.); the comment period, may not be
• is certified as not having a 50 CFR Part 622
considered by NMFS. All comments
significant economic impact on a [Docket No. 160225143–6143–01] received are a part of the public record
substantial number of small entities RIN 0648–BF61 and will generally be posted for public
under the Regulatory Flexibility Act (5 viewing on www.regulations.gov
U.S.C. 601 et seq.); Fisheries of the Caribbean, Gulf of without change. All personal identifying
• does not contain any unfunded Mexico, and South Atlantic; Snapper- information (e.g., name, address, etc.),
mandate or significantly or uniquely Grouper Fishery Off the Southern confidential business information, or
affect small governments, as described Atlantic States; Regulatory otherwise sensitive information
in the Unfunded Mandates Reform Act Amendment 25 submitted voluntarily by the sender will
of 1995 (Pub. L. 104–4); be publicly accessible. NMFS will
AGENCY: National Marine Fisheries accept anonymous comments (enter ‘‘N/
• does not have Federalism Service (NMFS), National Oceanic and
implications as specified in Executive A’’ in required fields if you wish to
Atmospheric Administration (NOAA), remain anonymous).
Order 13132 (64 FR 43255, August 10, Commerce.
1999); Electronic copies of Regulatory
ACTION: Proposed rule; request for Amendment 25, which includes an
• is not an economically significant comments. environmental assessment, a Regulatory
regulatory action based on health or Flexibility Act analysis, regulatory
safety risks subject to Executive Order SUMMARY: NMFS proposes regulations to
implement Regulatory Amendment 25 impact review, and fishery impact
13045 (62 FR 19885, April 23, 1997); statement, may be obtained from
• is not a significant regulatory action for the Fishery Management Plan (FMP)
for the Snapper-Grouper Fishery of the www.regulations.gov or the Southeast
subject to Executive Order 13211 (66 FR Regional Office Web site at http://
28355, May 22, 2001); South Atlantic Region (Regulatory
Amendment 25) as prepared and sero.nmfs.noaa.gov/sustainable_
• is not subject to requirements of submitted by the South Atlantic Fishery fisheries/s_atl/sg/2015/reg_am25/
Section 12(d) of the National Management Council (Council). If index.html.
Technology Transfer and Advancement implemented, this proposed rule would FOR FURTHER INFORMATION CONTACT: Rick
Act of 1995 (15 U.S.C. 272 note) because revise the commercial and recreational DeVictor, NMFS, SERO, telephone: 727–
application of those requirements would annual catch limits (ACLs), the 551–5720 or email: rick.devictor@
be inconsistent with the CAA; and commercial trip limit, and the noaa.gov.
• does not provide EPA with the recreational bag limit for blueline SUPPLEMENTARY INFORMATION: The
discretionary authority to address, as tilefish. Additionally, this proposed rule snapper-grouper fishery of the South
appropriate, disproportionate human would revise the black sea bass Atlantic Region is managed under the
health or environmental effects, using recreational bag limit and the the FMP and includes blueline tilefish,
practicable and legally permissible commercial and recreational fishing black sea bass, and yellowtail snapper.
methods, under Executive Order 12898 years for yellowtail snapper. The The FMP was prepared by the Council
(59 FR 7629, February 16, 1994). purpose of this proposed rule for and is implemented through regulations
In addition, the SIP is not approved blueline tilefish is to increase the at 50 CFR part 622 under the authority
to apply on any Indian reservation land optimum yield (OY) and ACLs based on of the Magnuson-Stevens Fishery
or in any other area where EPA or an a revised acceptable biological catch Conservation and Management Act
sradovich on DSK3TPTVN1PROD with PROPOSALS
Indian tribe has demonstrated that a (ABC) recommendation from the (Magnuson-Stevens Act).
tribe has jurisdiction. In those areas of Council’s Scientific and Statistical
Indian country, the rule does not have Committee (SSC). The purpose of this Background
tribal implications as specified by proposed rule is also to achieve OY for The Magnuson-Stevens Act requires
Executive Order 13175 (65 FR 67249, black sea bass and adjust the fishing NMFS and regional fishery management
November 9, 2000), nor will it impose year for yellowtail snapper to better councils to prevent overfishing and
substantial direct costs on tribal protect the species while allowing for achieve, on a continuing basis, OY from
governments or preempt tribal law. economic benefits to fishers. federally managed fish stocks. These
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![Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Proposed Rules 34947
Dated: May 19, 2016. sector for the remainder of the fishing the RA determines, using the best
Samuel D. Rauch III, year. On and after the effective date of scientific information available, that no
Deputy Assistant Administrator for such a notification, all sale or purchase reduction is necessary.
Regulatory Programs, National Marine of blueline tilefish is prohibited and (3) The combined commercial and
Fisheries Service. harvest or possession of blueline tilefish recreational sector ACL (total ACL) is
For the reasons set out in the in or from the South Atlantic EEZ is 174,798 lb (79,287 kg), round weight.
preamble, 50 CFR part 622 is proposed limited to the bag and possession limits. [FR Doc. 2016–12846 Filed 5–31–16; 8:45 am]
to be amended as follows: These bag and possession limits apply BILLING CODE 3510–22–P
in the South Atlantic on board a vessel
PART 622—FISHERIES OF THE for which a valid Federal commercial or
CARIBBEAN, GULF OF MEXICO, AND charter vessel/headboat permit for DEPARTMENT OF COMMERCE
SOUTH ATLANTIC South Atlantic snapper-grouper has
been issued, without regard to where National Oceanic and Atmospheric
■ 1. The authority citation for part 622 such species were harvested, i.e., in Administration
continues to read as follows: state or Federal waters.
Authority: 16 U.S.C. 1801 et seq. (ii) If commercial landings exceed the 50 CFR Part 660
ACL, and the combined commercial and
■ 2. In § 622.7, add paragraph (f) to read recreational ACL (total ACL) specified [Docket No. 140905757–6404–01]
as follows: in paragraph (z)(3) of this section, is RIN 0648–BE42
§ 622.7 Fishing years. exceeded, and blueline tilefish is
overfished, based on the most recent Fisheries off West Coast States;
* * * * * Pacific Coast Groundfish Fishery
(f) South Atlantic yellowtail Status of U.S. Fisheries Report to
Congress, the AA will file a notification Management Plan; Commercial
snapper—August 1 through July 31 .
with the Office of the Federal Register, Sablefish Fishing Regulations and
■ 3. In § 622.187:
■ a. Revise paragraph (b)(2)(iii); at or near the beginning of the following Electronic Fish Tickets
■ b. Remove and reserve paragraph fishing year to reduce the commercial AGENCY: National Marine Fisheries
(b)(2)(iv); and ACL for that following year by the Service (NMFS), National Oceanic and
■ c. Revise paragraph (b)(7). amount of the commercial ACL overage
Atmospheric Administration (NOAA),
The revisions read as follows: in the prior fishing year.
Commerce.
(2) Recreational sector. (i) If
§ 622.187 Bag and possession limits. recreational landings for blueline ACTION: Proposed rule.
* * * * * tilefish, as estimated by the SRD, are SUMMARY: This proposed rule would
(b) * * * projected to reach the recreational ACL revise fishery monitoring and
(2) * * * of 87,277 lb (39,588 kg), round weight, equipment requirements for all
(iii) No more than one fish may be a the AA will file a notification with the commercial groundfish fisheries,
golden tilefish; and Office of the Federal Register to close including a requirement for submitting
* * * * * the recreational sector for the remainder electronic fish tickets in the limited
(7) Black sea bass—7. of the fishing year, unless the RA
entry fixed gear fisheries and open
* * * * * determines that no closure is necessary
access fisheries. This proposed rule
■ 4. In § 622.191, revise paragraph based on the best scientific information
would revise administrative procedures
(a)(10) to read as follows: available. On and after the effective date
for limited entry permits, providing
of such a notification, the bag and
greater flexibility and efficiencies for
§ 622.191 Commercial trip limits. possession limits are zero.
(ii) If recreational landings for limited entry groundfish fishery
* * * * * participants. This proposed rule also
(a) * * * blueline tilefish, exceed the applicable
recreational ACL, and the combined would require vessels registered to
(10) Blueline tilefish. Until the ACL Vessel Monitoring Systems (VMS) to
specified in § 622.193(z)(1)(i) is reached commercial and recreational ACL (total
ACL) specified in paragraph (z)(3) of make an initial VMS declaration. This
or projected to be reached, 300 lb (136 proposed rule also would make
kg), gutted weight; 336 lb (152 kg), this section is exceeded, and blueline
tilefish is overfished, based on the most administrative changes and clarifying
round weight. See § 622.193(z)(1)(i) for edits to improve consistency of the
the limitations regarding blueline recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification regulations with past Pacific Fishery
tilefish after the commercial ACL is Management Council (Council) actions
reached. with the Office of the Federal Register,
to reduce the length of the recreational and with the Pacific Coast Groundfish
* * * * * Fishery Management Plan (FMP). This
■ 5. In § 622.193, revise paragraph (z) to
fishing season in the following fishing
year to ensure recreational landings do action is needed to improve monitoring
read as follows: and administration of the limited entry
not exceed the recreational ACL the
§ 622.193 Annual catch limits (ACLs), following fishing year. When NMFS sablefish primary fishery and address
annual catch targets (ACTs), and reduces the length of the following unforeseen issues arising out of the
accountability measures (AMs). recreational fishing season and closes evolution of commercial sablefish
* * * * * the recreational sector, the following fisheries and subsequent regulations.
sradovich on DSK3TPTVN1PROD with PROPOSALS
(z) Blueline tilefish—(1) Commercial closure provisions apply: The bag and DATES: Comments on this proposed rule
sector. (i) If commercial landings for possession limits for blueline tilefish in must be received by July 1, 2016.
blueline tilefish, as estimated by the or from the South Atlantic EEZ are zero. ADDRESSES: You may submit comments
SRD, reach or are projected to reach the Additionally, the recreational ACL will on this document, identified by NOAA–
commercial ACL of 87,521 lb (39,699 be reduced by the amount of the NMFS–2016–0032, by any of the
kg), round weight, the AA will file a recreational ACL overage in the prior following methods:
notification with the Office of the fishing year. The fishing season and • Electronic Submissions: Submit all
Federal Register to close the commercial recreational ACL will not be reduced if electronic public comments via the
VerDate Sep<11>2014 17:32 May 31, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\01JNP1.SGM 01JNP1](https://thefederalregister.org/doc/81_FR_35049/page/4.svg)
Document Created: 2018-02-08 07:27:33
Document Modified: 2018-02-08 07:27:33
| 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 June 16, 2016. | |
| Contact | Rick DeVictor, NMFS, SERO, telephone: 727-551-5720 or email: [email protected] | |
| FR Citation | 81 FR 34944 | |
| RIN Number | 0648-BF61 | |
| CFR Associated | Black Sea Bass; Blueline Tilefish; Commercial; Fisheries; Fishing; Recreational; South Atlantic and Yellowtail Snapper |
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