83 FR 35435 - 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 144 (July 26, 2018)

NMFS issues regulations 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). This final rule reduces the commercial and recreational annual catch limits (ACLs) for red grouper in the exclusive economic zone (EEZ) of the South Atlantic. The purpose of this final rule is to address overfishing of red grouper.

[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Rules and Regulations]
[Pages 35435-35437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15971]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171222999-8208-02]
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: Final rule.

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

SUMMARY: NMFS issues regulations 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). This final rule reduces 
the commercial and recreational annual catch limits (ACLs) for red 
grouper in the exclusive economic zone (EEZ) of the South Atlantic. The 
purpose of this final rule is to address overfishing of red grouper.

DATES: This final rule is effective on August 27, 2018.

ADDRESSES: Electronic copies of Abbreviated Framework 1, which includes 
a 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. 
NMFS included a reference to an environmental assessment in the 
proposed rule for Abbreviated Framework 1; however, and more 
specifically, a categorical exclusion was prepared, and is available 
upon request.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or 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 final rule are in round weight.
    On April 3, 2018, NMFS published a proposed rule for the framework 
action and requested public comment (83 FR 14234). The proposed rule 
and framework action outline the rationale for the action contained in 
this final rule. A summary of the management measure described in the 
framework action and implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises 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

[[Page 35436]]

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 to the FMP (77 FR 34254; June 
11, 2012).
    Consistent with the results of the latest stock assessment for red 
grouper (Southeast Data Assessment and Review (SEDAR) 53) and the 
acceptable biological catch (ABC) recommendation from the Council's 
Scientific and Statistical Committee (SSC) accepted by the Council, 
this final rule reduces the total, commercial, and recreational ACLs. 
The revised commercial ACL is 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 revised recreational ACL is 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 is 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 ACL is equal to the SSC's ABC recommendation; the ABC 
recommendation is the projection at FREBUILD under low 
recruitment scenarios, which equals the yield at 75%FMSY. 
This final rule does not change the sector allocations.
    For the last several years (2014-2016), commercial landings have 
averaged 50,204 lb (22,772 kg), which is less than the commercial ACL 
being implemented through Abbreviated Framework 1. The recreational 
landings have been highly variable since 2012, and using the average 
recreational landings from 2014-2016, the reduced 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 
and based on the annual seasonal opening date of May 1. If the red 
grouper stock experiences a year of high recruitment, the proposed 
reduced ACLs would constrain future commercial and recreational harvest 
and prevent overfishing. Because the ACLs will be set lower than the 
overfishing limit, implementation of this final rule is expected to end 
overfishing of red grouper.

Comments and Responses

    NMFS received 12 comments during the public comment period on the 
proposed rule for Abbreviated Framework 1. The commenters included 
individuals as well as commercial, private recreational, and charter 
vessel/headboat (for-hire) recreational fishing entities. The majority 
of comments opposed the reduction in the red grouper ACLs. Six of those 
submissions raised issues with the proposed red grouper ACL reduction 
and recommended other management measures for reducing red grouper 
harvest. These comments are summarized with NMFS' responses below. 
Additional comments that specifically relate to the action in 
Abbreviated Framework 1 and contained in the proposed rule, as well as 
NMFS' respective responses, are summarized and responded to below.
    Comment 1: NMFS should implement other management measures in place 
of the proposed ACL reductions, including trip limits, reduced bag 
limits, increased size limits, and a closed season for harvest with 
spear.
    Response: While the management measures suggested could prove 
effective at slowing or even reducing red grouper harvest, they would 
not serve as substitutes for the reductions in the ACLs. The Magnuson-
Stevens Act and its implementing regulations require all FMPs to 
contain ACLs that prevent overfishing. The current ACLs for the red 
grouper stock far exceed what the best available scientific information 
indicates is necessary to prevent overfishing; therefore, this rule 
reduces current ACLs to acceptable levels. Although the Council chose 
ACL reductions to immediately address overfishing of red grouper in the 
South Atlantic, it may consider other measures, such as those suggested 
by public commenters, to constrain future harvest effectively. NMFS and 
the Council are currently developing Regulatory Amendment 30 to address 
rebuilding of the overfished red grouper stock.
    Comment 2: The red grouper ACLs should not be reduced as the 
population is abundant.
    Response: NMFS disagrees. Based on the latest stock assessment for 
South Atlantic red grouper (SEDAR 53) completed in February 2017, NMFS 
determined that the stock is overfished, undergoing overfishing, and 
not making adequate rebuilding progress. The Magnuson-Stevens Act 
requires NMFS to notify the Council of these determinations, and within 
2 years of that notification, implement regulations to end overfishing 
immediately and rebuild the stock. The Southeast Fisheries Science 
Center produced rebuilding projections based on SEDAR 53, and the 
Council's SSC provided ABC recommendations to end overfishing of red 
grouper. Because the ACLs would be set less than the overfishing limit, 
Abbreviated Framework 1 will end overfishing of red grouper immediately 
upon implementation of the final rule as well as provide biological 
benefits to the stock. Therefore, given the current stock status, the 
ACL reductions in this final rule are appropriate and are consistent 
with the requirements of the Magnuson-Stevens Act. Further, the Council 
is currently developing a new red grouper rebuilding plan through 
Regulatory Amendment 30 to the FMP. The Council is also considering 
changes to red grouper management measures through other regulatory 
amendments to the FMP.
    Comment 3: The proposed ACL reduction is too drastic. The ACL 
should be reduced by a lesser amount, and any ACL change implemented 
should be through a step-down approach over several years.
    Response: As explained in the response to Comment 1, NMFS and the 
Council are mandated by the Magnuson-Stevens Act to implement 
regulations that would end overfishing immediately within 2 years of 
the Council's notification of stock status. In October 2017, the 
Council's SSC provided an ABC recommendation for 2018 of 139,000 lb 
(63,049 kg) to end overfishing. The ACL cannot exceed the ABC; 
therefore, the Council set the total ACL equal to the ABC.
    NMFS acknowledges the reduction in the ACLs for commercial and 
recreational harvest of red grouper is considerable; however, based on 
historical landings, the revised ACLs would result in minimal actual 
reduction in harvest. Since 2013, South Atlantic red grouper annual 
landings have totaled less than 30 percent of the stock ACL. As 
described in Abbreviated Framework 1, the reduced level of observed 
landings is supported by anecdotal information received from commercial 
and recreational stakeholders who often report an absence of red 
grouper in large quantities in the South Atlantic. According to SEDAR 
53, there is uncertainty in what could be the cause of low observed 
numbers of fish, and the recent (since 2005) low spawning trend may or 
may not continue into the future.
    Comment 4: The proposed ACL reduction will have a significant 
economic impact to commercial fishermen, especially small operations 
and family businesses.
    Response: NMFS disagrees. Commercial landings of red grouper have 
been declining over the years, and in the most recent years (2012-
2016), landings have averaged 50,204 lb (22,772 kg), which is less than 
the

[[Page 35437]]

commercial ACL proposed in Abbreviated Framework 1. In addition, red 
grouper has accounted for a relatively small percentage (2.7 percent) 
of total revenues from commercial landings of the approximately 240 
federally permitted snapper-grouper commercial vessels that landed red 
grouper. Thus, any adverse impacts on commercial fishermen from the ACL 
reduction would likely be minimal, although NMFS recognizes that such 
impacts would be uneven across fishermen participating in red grouper 
harvest in the South Atlantic.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the framework 
action, the FMP, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. This rule is not an E.O. 
13771 regulatory action because this rule is not significant under E.O. 
12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final 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 final rule.
    Please note Abbreviated Framework Amendment 1 considered only one 
alternative to reduce the ACLs, based on the SSC recommendation, to 
meet the immediate and urgent need to end overfishing within 2 years as 
mandated by the Magnuson-Stevens Act. Amendment 30, which is currently 
being developed, will consider several alternatives for rebuilding the 
overfished red grouper stock.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this rule, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities. The factual basis for this determination was 
published in the proposed rule and is not repeated here. One comment 
from the public suggested that the rule would have significant economic 
impacts to commercial fishermen. NMFS disagrees with this comment as 
explained in the response to Comment 4 and as discussed in the proposed 
rule. No comments from the SBA's Chief Counsel for Advocacy were 
received regarding the certification, and NMFS has not received any new 
information that would affect its determination. As a result, a final 
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: July 23, 2018.
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 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.  622.193, 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)(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 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. 2018-15971 Filed 7-25-18; 8:45 am]
BILLING CODE 3510-22-P