83 FR 14234 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 1

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range		14234-14236
FR Document		2018-06633

NMFS proposes to implement management measures described in Abbreviated Framework Amendment 1 (Abbreviated Framework 1) to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region, as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would reduce the commercial and recreational annual catch limits (ACLs) for red grouper in the exclusive economic zone (EEZ) of the South Atlantic. The purpose of the proposed rule is to address the overfishing of red grouper.

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018)

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14234-14236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06633]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171222999-8208-01]
RIN 0648-BH46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated 
Framework Amendment 1

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to implement management measures described in 
Abbreviated Framework Amendment 1 (Abbreviated Framework 1) to the 
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the 
South Atlantic Region, as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). If implemented, this proposed 
rule would reduce the commercial and recreational annual catch limits 
(ACLs) for red grouper in the exclusive economic zone (EEZ) of the 
South Atlantic. The purpose of the proposed rule is to address the 
overfishing of red grouper.

DATES: Written comments must be received by May 3, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2017-0162'' by any of the following methods:
     Electronic Submission: Submit all electronic comments via 
the Federal Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0162, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit all written comments to Frank Helies, NMFS 
Southeast Regional Office, 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), 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 Abbreviated Framework 1, which includes an 
environmental assessment, Regulatory Flexibility Act (RFA) analysis, 
and a regulatory impact review, may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/red_grouper_framework/index.html.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS SERO, telephone: 
727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes red grouper, 
along with other snapper-grouper species. The FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). All weights described in 
this proposed rule are in round weight.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the nation.
    In 2010, NMFS determined that the South Atlantic red grouper stock 
was undergoing overfishing and was overfished following a stock 
assessment (Southeast Data, Assessment, and Review (SEDAR) 19). Through 
Amendment 24 to the FMP, the Council and NMFS implemented a 10-year 
rebuilding plan in 2011, with a projected end date of 2020, which was

[[Page 14235]]

expected to end overfishing and rebuild the stock (77 FR 34254; June 
11, 2012).
    In February 2017, a standard stock assessment for red grouper was 
completed (SEDAR 53). Based on the results of SEDAR 53, NMFS notified 
the Council on September 27, 2017, that the red grouper stock is 
overfished, is undergoing overfishing, and is not making adequate 
rebuilding progress according to its rebuilding plan. Based on 
projections from SEDAR 53, the Council's Scientific and Statistical 
Committee (SSC) provided an acceptable biological catch (ABC) 
recommendation to the Council. The Council accepted that ABC 
recommendation, and then revised the red grouper ACLs in Abbreviated 
Framework 1.
    In addition to this current rulemaking for Abbreviated Framework 1, 
the Council and NMFS are developing a new red grouper rebuilding plan 
through Amendment 42 to the FMP (Amendment 42). The Council is also 
considering changes to red grouper management measures through 
Regulatory Amendments 26 and 27 to the Snapper-Grouper FMP. NMFS and 
the Council intend to implement Abbreviated Framework 1 to reduce the 
sector ACLs below the overfishing limit to address overfishing while 
Amendment 42, Regulatory Amendment 26, and Regulatory Amendment 27 are 
developed and implemented.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the ACLs for South Atlantic red 
grouper for both the commercial and recreational sectors. The current 
total ACL (commercial and recreational ACL combined) is 780,000 lb 
(353,802 kg). The total ACL is divided into a commercial sector ACL of 
343,200 lb (155,673 kg) and a recreational sector ACL of 436,800 lb 
(198,129 kg). The ACLs are based on the sector allocation ratio 
developed by the Council for red grouper (44 percent commercial and 56 
percent recreational) established in Amendment 24 (77 FR 34254; June 
11, 2012).
    Consistent with the results of SEDAR 53 and the ABC recommendation 
from the SSC accepted by the Council, this proposed rule would reduce 
the total, commercial, and recreational ACLs. The commercial ACL would 
be set at 61,160 lb (27,742 kg), for 2018, 66,000 lb (29,937 kg), for 
2019, and 71,280 lb (32,332 kg), for 2020 and subsequent fishing years. 
The recreational ACL would be set at 77,840 lb (35,308 kg), for 2018, 
84,000 lb (38,102 kg), for 2019, and 90,720 lb (41,150 kg), for 2020 
and subsequent fishing years. The total ACL would be set at 139,000 lb 
(63,049 kg) for 2018, 150,000 lb (68,039 kg) for 2019, and 162,000 lb 
(73,482 kg) for 2020 and subsequent fishing years. The total ACLs are 
equal to the SSC's ABC recommendation, and this proposed rule does not 
change the sector allocations.
    As a result of the proposed ACLs being set lower than the 
overfishing limit (at the yield at 75 percent FMSY), the 
Council expects overfishing of red grouper may end immediately upon 
implementation of the rule. For the last several years, commercial 
landings have averaged 50,204 lb (22,772 kg), which is less than the 
commercial ACL proposed in Abbreviated Framework 1. The recreational 
landings have been highly variable since 2012, and using the average 
recreational landings from 2014-2016, the proposed lower ACL for the 
recreational sector is predicted to result in a shortened recreational 
fishing season, with closure dates ranging from July 26 to August 19. 
If the red grouper stock experiences a year of high recruitment, the 
proposed lower ACLs would constrain future recreational and commercial 
harvest and prevent overfishing.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with Abbreviated Framework 1, the FMP, 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. This rule is not an Executive Order 
13771 regulatory action because this rule is not significant under E.O. 
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 adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination is as follows:
    A description of the proposed rule, why it is being considered, and 
the objectives of, and legal basis for this proposed rule are contained 
at the beginning of this section in the preamble and in the SUMMARY 
section of the preamble. The Magnuson-Stevens Act provides the 
statutory basis for this rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified. In addition, no new 
reporting, record-keeping, or other compliance requirements are 
introduced by this proposed rule. Accordingly, this proposed rule does 
not implicate the Paperwork Reduction Act.
    This proposed rule would reduce the total, commercial, and 
recreational ACLs for South Atlantic red grouper. Because the RFA does 
not apply to recreational anglers, only the effects on commercial 
vessels were analyzed; any impact to the profitability or 
competitiveness of for-hire fishing businesses would be the result of 
changes in for-hire angler demand and would, therefore, be indirect in 
nature. The RFA does not consider indirect impacts.
    This proposed rule would directly affect only federally permitted 
commercial snapper-grouper fishermen fishing for red grouper in the 
South Atlantic. As described in Abbreviated Framework 1, the revised 
commercial ACLs would be 61,160 lb (27,742 kg) for 2018, 66,000 lb 
(29,937 kg) for 2019, and 71,280 lb (32,332 kg) for 2020 and beyond. 
Commercial landings of South Atlantic red grouper have been decreasing, 
particular in the last five years (2012-2016), with projected 2017 
landings of approximately 35,000 lb (15,875 kg). If this trend 
continues or levels off, the likelihood of reaching the proposed 
commercial ACL in 2018 and beyond would be very low. In the unlikely 
event that commercial landings increase in 2018 and beyond as to reach 
the proposed commercial ACLs, the effects of the commercial ACL 
reduction would be relatively small because only approximately 2.7 
percent of total commercial snapper-grouper vessel revenues have 
historically been derived from red grouper.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Overfishing, Recreational, Red 
grouper, South Atlantic.

    Dated: March 28, 2018.
Alan D. Risenhoover,
Acting 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:

[[Page 14236]]

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:  5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.193, revise paragraph (d) to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (d) Red grouper--(1) Commercial sector. (i) If commercial landings 
for red grouper, as estimated by the SRD, reach or are projected to 
reach the commercial ACL, specified in paragraph (d)(1)(iii) of this 
section, 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 red grouper is prohibited and harvest or 
possession of red grouper 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 the commercial landings for red grouper, as estimated by 
the SRD, exceed the commercial ACL, specified in paragraph (d)(1)(iii) 
of this section, and the combined commercial and recreational ACL, 
specified in paragraph (d)(3) of this section, is exceeded during the 
same fishing year, and the species 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 
commercial ACL in the following fishing year by the amount of the 
commercial ACL overage in the prior fishing year.
    (iii) The commercial ACL for red grouper is 61,160 lb (27,742 kg), 
round weight, for 2018; 66,000 lb (29,937 kg), round weight, for 2019; 
and 71,280 lb (32,332 kg), round weight, for 2020 and subsequent 
fishing years.
    (2) Recreational sector. (i) If recreational landings for red 
grouper, as estimated by the SRD, are projected to reach the 
recreational ACL, 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 regardless if the stock is overfished, unless NMFS 
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 for red grouper in or from 
the South Atlantic EEZ are zero.
    (ii) The recreational ACL for red grouper is 77,840 lb (35,308 kg), 
round weight, for 2018; 84,000 lb (38,102 kg), round weight, for 2019; 
and 90,720 lb (41,150 kg), round weight, for 2020 and subsequent 
fishing years.
    (iii) If recreational landings for red grouper, as estimated by the 
SRD, exceed the recreational ACL, specified in paragraph (d)(2)(i) 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 recreational fishing 
season and the recreational ACL by the amount of the recreational ACL 
overage, if the species is overfished based on the most recent Status 
of U.S. Fisheries Report to Congress, and if the combined commercial 
and recreational ACL, specified in paragraph (d)(3) of this section, is 
exceeded during the same fishing year. The AA will use the best 
scientific information available to determine if reducing the length of 
the recreational season and recreational ACL is necessary. When the 
recreational sector is closed as a result of NMFS reducing the length 
of the recreational fishing season and ACL, the bag and possession 
limits for red grouper in or from the South Atlantic EEZ are zero.
    (3) The combined commercial and recreational ACL for red grouper is 
139,000 lb (63,049 kg), round weight, for 2018; 150,000 lb (68,039 kg), 
round weight, for 2019; and 162,000 lb (73,482 kg), round weight, for 
2020 and subsequent fishing years.
* * * * *
[FR Doc. 2018-06633 Filed 4-2-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules 14235

expected to end overfishing and rebuild subsequent fishing years. The total ACL compliance requirements are introduced
the stock (77 FR 34254; June 11, 2012). would be set at 139,000 lb (63,049 kg) by this proposed rule. Accordingly, this
In February 2017, a standard stock for 2018, 150,000 lb (68,039 kg) for proposed rule does not implicate the
assessment for red grouper was 2019, and 162,000 lb (73,482 kg) for Paperwork Reduction Act.
completed (SEDAR 53). Based on the 2020 and subsequent fishing years. The This proposed rule would reduce the
results of SEDAR 53, NMFS notified the total ACLs are equal to the SSC’s ABC total, commercial, and recreational
Council on September 27, 2017, that the recommendation, and this proposed ACLs for South Atlantic red grouper.
red grouper stock is overfished, is rule does not change the sector Because the RFA does not apply to
undergoing overfishing, and is not allocations. recreational anglers, only the effects on
making adequate rebuilding progress As a result of the proposed ACLs commercial vessels were analyzed; any
according to its rebuilding plan. Based being set lower than the overfishing impact to the profitability or
on projections from SEDAR 53, the limit (at the yield at 75 percent FMSY), competitiveness of for-hire fishing
Council’s Scientific and Statistical the Council expects overfishing of red businesses would be the result of
Committee (SSC) provided an grouper may end immediately upon changes in for-hire angler demand and
acceptable biological catch (ABC) implementation of the rule. For the last would, therefore, be indirect in nature.
recommendation to the Council. The several years, commercial landings have The RFA does not consider indirect
Council accepted that ABC averaged 50,204 lb (22,772 kg), which is impacts.
recommendation, and then revised the less than the commercial ACL proposed This proposed rule would directly
red grouper ACLs in Abbreviated in Abbreviated Framework 1. The affect only federally permitted
Framework 1. recreational landings have been highly commercial snapper-grouper fishermen
In addition to this current rulemaking variable since 2012, and using the fishing for red grouper in the South
for Abbreviated Framework 1, the average recreational landings from Atlantic. As described in Abbreviated
Council and NMFS are developing a 2014–2016, the proposed lower ACL for Framework 1, the revised commercial
new red grouper rebuilding plan the recreational sector is predicted to ACLs would be 61,160 lb (27,742 kg) for
through Amendment 42 to the FMP result in a shortened recreational fishing 2018, 66,000 lb (29,937 kg) for 2019, and
(Amendment 42). The Council is also season, with closure dates ranging from 71,280 lb (32,332 kg) for 2020 and
considering changes to red grouper July 26 to August 19. If the red grouper beyond. Commercial landings of South
management measures through stock experiences a year of high Atlantic red grouper have been
Regulatory Amendments 26 and 27 to recruitment, the proposed lower ACLs decreasing, particular in the last five
the Snapper-Grouper FMP. NMFS and would constrain future recreational and years (2012–2016), with projected 2017
the Council intend to implement commercial harvest and prevent landings of approximately 35,000 lb
Abbreviated Framework 1 to reduce the overfishing. (15,875 kg). If this trend continues or
sector ACLs below the overfishing limit levels off, the likelihood of reaching the
to address overfishing while Classification
proposed commercial ACL in 2018 and
Amendment 42, Regulatory Amendment Pursuant to section 304(b)(1)(A) of the
beyond would be very low. In the
26, and Regulatory Amendment 27 are Magnuson-Stevens Act, the Assistant
unlikely event that commercial landings
developed and implemented. Administrator has determined that this
increase in 2018 and beyond as to reach
proposed rule is consistent with
Management Measures Contained in the proposed commercial ACLs, the
Abbreviated Framework 1, the FMP, the
This Proposed Rule effects of the commercial ACL reduction
Magnuson-Stevens Act, and other
This proposed rule would revise the would be relatively small because only
applicable law, subject to further
ACLs for South Atlantic red grouper for approximately 2.7 percent of total
consideration after public comment.
both the commercial and recreational This proposed rule has been commercial snapper-grouper vessel
sectors. The current total ACL determined to be not significant for revenues have historically been derived
(commercial and recreational ACL purposes of Executive Order 12866. from red grouper.
combined) is 780,000 lb (353,802 kg). This rule is not an Executive Order The information provided above
The total ACL is divided into a 13771 regulatory action because this supports a determination that this
commercial sector ACL of 343,200 lb rule is not significant under E.O. 12866. proposed rule would not have a
(155,673 kg) and a recreational sector The Chief Counsel for Regulation of significant economic impact on a
ACL of 436,800 lb (198,129 kg). The the Department of Commerce certified substantial number of small entities.
ACLs are based on the sector allocation to the Chief Counsel for Advocacy of the Because this proposed rule, if
ratio developed by the Council for red Small Business Administration (SBA) implemented, is not expected to have a
grouper (44 percent commercial and 56 that this proposed rule, if adopted, significant economic impact on any
percent recreational) established in would not have a significant economic small entities, an initial regulatory
Amendment 24 (77 FR 34254; June 11, impact on a substantial number of small flexibility analysis is not required and
2012). entities. The factual basis for this none has been prepared.
Consistent with the results of SEDAR determination is as follows: List of Subjects in 50 CFR Part 622
53 and the ABC recommendation from A description of the proposed rule,
the SSC accepted by the Council, this why it is being considered, and the Commercial, Fisheries, Fishing,
proposed rule would reduce the total, objectives of, and legal basis for this Overfishing, Recreational, Red grouper,
commercial, and recreational ACLs. The proposed rule are contained at the South Atlantic.
nshattuck on DSK9F9SC42PROD with PROPOSALS

commercial ACL would be set at 61,160 beginning of this section in the Dated: March 28, 2018.
lb (27,742 kg), for 2018, 66,000 lb preamble and in the SUMMARY section of Alan D. Risenhoover,
(29,937 kg), for 2019, and 71,280 lb the preamble. The Magnuson-Stevens Acting Deputy Assistant Administrator for
(32,332 kg), for 2020 and subsequent Act provides the statutory basis for this Regulatory Programs, National Marine
fishing years. The recreational ACL rule. No duplicative, overlapping, or Fisheries Service.
would be set at 77,840 lb (35,308 kg), for conflicting Federal rules have been For the reasons set out in the
2018, 84,000 lb (38,102 kg), for 2019, identified. In addition, no new preamble, 50 CFR part 622 is proposed
and 90,720 lb (41,150 kg), for 2020 and reporting, record-keeping, or other to be amended as follows:

VerDate Sep<11>2014 14:20 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\03APP1.SGM 03APP1

Document Created: 2018-04-03 00:49:58
Document Modified: 2018-04-03 00:49:58

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 by May 3, 2018.
Contact		Frank Helies, NMFS SERO, telephone: 727-824-5305, email: [email protected]
FR Citation		83 FR 14234
RIN Number		0648-BH46
CFR Associated		Commercial; Fisheries; Fishing; Overfishing; Recreational; Red Grouper and South Atlantic

83 FR 14234 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 1

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 64 (April 3, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration