[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Proposed Rules]
[Pages 75780-75783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29726]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 622

RIN 0648-BE20


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (Council) has 
submitted Amendment 32 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review, 
approval, and implementation by NMFS. Amendment 32 proposes actions to 
remove blueline tilefish from the deep-water complex; revise 
definitions of management thresholds for blueline tilefish; establish 
blueline tilefish commercial and recreational sector annual catch 
limits (ACLs), accountability measures (AMs), and recreational annual 
catch targets (ACTs); establish a blueline tilefish commercial trip 
limit; revise the blueline tilefish recreational bag limit; and revise 
the deep-water complex ACLs, AMs, and recreational ACT. The purpose of 
Amendment 32 is to specify ACLs and AMs for blueline tilefish to end 
overfishing of the stock and maintain catch levels consistent with 
achieving optimum yield (OY) for the blueline tilefish and deep-water 
complex resource.

DATES: Written comments must be received on or before February 17, 
2015.

ADDRESSES: You may submit comments on Amendment 32, identified by 
``NOAA-NMFS-2014-0145'' by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0145, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> 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 the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 32, which includes an environmental 
assessment, an initial regulatory flexibility analysis (IRFA), 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/2014/am32/index.html.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#a4d6cdc7cf8ac0c1d2cdc7d0cbd6e4cacbc5c58ac3cbd2"><span class="__cf_email__" data-cfemail="1f6d767c74317b7a69767c6b706d5f71707e7e31787069">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

Background

    A benchmark assessment for the blueline tilefish stock in the South 
Atlantic was conducted through the Southeast, Data, Assessment, and 
Review (SEDAR) process in 2013 (SEDAR 32). At its October 2013 meeting, 
the Council's Scientific and Statistical Committee (SSC) and the 
Council determined the 2013 stock assessment was based on the best 
scientific information available and considered the assessment to be 
appropriate for management decisions. The assessment determined that 
the blueline tilefish stock is undergoing overfishing in the South 
Atlantic. As required by the Magnuson-Stevens Act, the Council must 
therefore implement measures to end overfishing within 2 years of 
notification of an overfishing status. NMFS notified the Council of the 
blueline tilefish stock status on December 6, 2013.
    The Magnuson-Stevens Act requires that ACLs and AMs be implemented 
to prevent overfishing and achieve the OY from a fishery. An ACL is the 
level of annual catch of a stock that if exceeded, triggers AMs. AMs 
are management controls to prevent ACLs from being exceeded and to 
correct any overages of ACLs if they occur. Two examples of AMs include 
an in-season closure if landings reach or are projected to reach the 
ACL, and a post-season overage adjustment which would reduce the ACL if 
an overage occurred during the previous fishing year.
    NMFS published an emergency rule on April 17, 2014 (79 FR 21636) 
that implemented temporary measures to reduce overfishing of blueline 
tilefish while Amendment 32 was being developed. Those measures were 
extended through a temporary rule on October 14, 2014 (79 FR 61262, 
October 10, 2014) and are effective through April 18, 2015, while 
Amendment 32 and its associated rulemaking are under review. The 
temporary measures of the emergency action include the following: 
Removal of blueline tilefish from the deep-water complex, specification 
of sector ACLs and AMs for blueline tilefish, and revision to the deep-
water complex ACL to reflect the removal of blueline tilefish from the 
complex.
    Amendment 32 proposes to remove blueline tilefish from the deep-
water complex; revise definitions of management thresholds for blueline 
tilefish; establish blueline tilefish commercial and recreational 
sector ACLs, AMs, and recreational ACTs; establish a blueline tilefish 
commercial trip limit; revise the blueline tilefish recreational bag 
limit; and revise the

[[Page 75781]]

deep-water complex ACLs, AMs, and recreational ACT.

Removal of Blueline Tilefish From the Deep-Water Complex

    Amendment 32 would remove blueline tilefish from the deep-water 
complex. In 2012, the Comprehensive ACL Amendment established a deep-
water complex that contained the following eight species: Blueline 
tilefish, yellowedge grouper, silk snapper, misty grouper, queen 
snapper, sand tilefish, black snapper, and blackfin snapper (77 FR 
15916, March 16, 2012). The Comprehensive ACL Amendment also specified 
ACLs and AMs for the complex where the complex's ACLs were based upon 
an acceptable biological catch (ABC) recommendation provided by the 
Council's SSC. In the absence of stock assessments, the ABCs for these 
and other unassessed species in the Comprehensive ACL Amendment were 
based on median or average catch. The Council placed most unassessed 
snapper-grouper species into complexes because many unassessed snapper-
grouper species are data-limited stocks that are known to have issues 
with species identification and/or extreme fluctuations in relative 
landings through time due to rarity, or lack of targeted fishing 
effort.
    As a result of blueline tilefish being assessed through SEDAR 32 
and the Council's SSC providing an assessment-based ABC recommendation 
for blueline tilefish, the Council decided to remove blueline tilefish 
from the deep-water complex and establish individual ACLs and AMs for 
the blueline tilefish stock. The Council has determined that sufficient 
information to establish ACLs and AMs is now available for blueline 
tilefish and the rationale for grouping the species with other data-
limited species in the deep-water complex no longer applies.

Modify the Definitions for Blueline Tilefish Management Thresholds

    Definitions of maximum sustainable yield (MSY) and OY were 
established for blueline tilefish in Amendment 11 to the FMP (64 FR 
59126, November 2, 1999). Amendment 32 would revise these definitions 
based upon the most recent scientific information contained in SEDAR 
32. Amendment 32 would revise the MSY value for blueline tilefish and 
set the OY equal to ACL as described later in this notice.

Blueline Tilefish Commercial and Recreational ACLs, AMs, and 
Recreational ACTs

    Amendment 32 would implement individual blueline tilefish 
commercial and recreational ACLs and AMs (based on the revised ABC for 
blueline tilefish specified in Amendment 32) to end overfishing of the 
stock. In Amendment 32, the Council defines the blueline tilefish stock 
ACL equal to 98 percent of the ABC. Due to improved data reporting, the 
Council has consistently chosen to set ACL equal to ABC for snapper-
grouper species. However, for blueline tilefish in Amendment 32, the 
Council decided to set the stock ACL at 98 percent of the proposed ABC 
to account for landings that occur north of the Council's area of 
jurisdiction. Approximately 2 percent of the total blueline tilefish 
harvested were landed north of the North Carolina/Virginia border. 
Therefore, this amendment would establish blueline tilefish stock ACLs 
(combined commercial and recreational ACLs, equivalent to a total ACL), 
of 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for 2016, 
71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 2018, and 
subsequent fishing years. All ACL weights are expressed in round 
weight. Additionally, Amendment 32 would establish sector specific ACLs 
for the blueline tilefish commercial and recreational sectors based 
upon the Council's previously established blueline tilefish allocations 
of 50.07 percent and 49.93 percent for the commercial and recreational 
sectors, respectively. The commercial ACLs would be 17,841 lb (8,093 
kg) for 2015, 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 recreational ACLs would be 17,791 lb (8,070 kg) for 2015, 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.
    Amendment 32 would implement commercial and recreational sector in-
season AMs for blueline tilefish. If commercial or recreational 
landings for blueline tilefish reach or are projected to reach the 
applicable ACL, then the commercial or recreational sector, as 
applicable, would be closed for the remainder of the fishing year. The 
recreational sector would not have an in-season closure if the Regional 
Administrator (RA) determines, using the best scientific information 
available, that a closure would be unnecessary.
    Additionally, if the total ACLs are exceeded in a fishing year, 
then during the following fishing year, the commercial and recreational 
sectors will not have an increase in their respective sector ACLs.
    Amendment 32 would also implement post-season ACL overage 
adjustments (paybacks) for blueline tilefish. For the commercial 
sector, if commercial landings exceed the commercial ACL, and the 
combined commercial and recreational ACL (stock ACL) is exceeded, and 
blueline tilefish are overfished, then during the following fishing 
year the commercial ACL would be reduced for that following year by the 
amount of the commercial ACL overage in the prior fishing year. For the 
recreational sector, if recreational landings for blueline tilefish 
exceed the applicable recreational ACL, and the combined commercial and 
recreational ACL (stock ACL) is exceeded, and blueline tilefish are 
overfished, then the recreational fishing season in the following 
fishing year would be reduced to ensure recreational landings do not 
exceed the recreational ACL the following fishing year. Additionally, 
the recreational ACL would be reduced by the amount of the recreational 
ACL overage from the prior fishing year. However, the recreational 
fishing season and recreational ACL would not be reduced if the RA 
determines, using the best scientific information available that no 
reduction is necessary.
    Amendment 32 would also establish recreational ACTs for blueline 
tilefish. The ACT is the amount of annual catch of a stock or stock 
complex that is the management target of the fishery and accounts for 
management uncertainty in controlling the actual catch below the ACL so 
that the ACL is not exceeded. The Council is using the ACT as a 
management reference point to track performance of the management 
measures imposed on the recreational sector, and no AMs are triggered 
if recreational landings reach the recreational ACT. The recreational 
ACT is set less than the recreational ACL so that if, in the future, 
the Council chose to limit recreational harvest to the recreational 
ACT, it could serve as an in-season AM for the recreational sector. The 
recreational ACT could then help to reduce or possibly eliminate the 
need to close or implement post-season recreational AMs that are meant 
to correct for ACL overages.

Additional Blueline Tilefish Management Measures

    Amendment 32 would implement a commercial trip limit and revise the 
recreational bag limit for blueline tilefish. This amendment would

[[Page 75782]]

establish a commercial trip limit of 100 lb (45 kg), gutted weight; 112 
lb (51 kg), round weight. The trip limit is expected to slow the rate 
of harvest, potentially lengthening the commercial season during a 
fishing year, and reduce the risk of the commercial ACL from being 
exceeded.
    For the recreational bag limit, blueline tilefish are currently 
part of the aggregate grouper and tilefish bag limit of 3 fish per 
person per day. Amendment 32 would revise the blueline tilefish bag 
limit within the aggregate to set a specific blueline tilefish bag 
limit of one per vessel per day for the months of May through August. 
There would be no retention of blueline tilefish by the recreational 
sector from January through April and from September through December 
each year. A bag limit of one blueline tilefish per vessel per day and 
an 8-month annual closure was determined to best meet the needs of 
ending overfishing, reducing recreational harvest, and potentially 
reducing blueline tilefish discards if blueline tilefish are targeted 
less during the open season because of the lower bag limit. The Council 
determined that the shortened summer seasonal opening could provide 
increased stability for planning purposes to recreational fishermen as 
it could minimize the risk of an in-season closure and the recreational 
ACL being exceeded, which may require post-season AMs in the following 
fishing year. In addition, the Council determined that an opening 
during the summer months could increase safety at sea by allowing 
fishing to occur in the generally calmer summer weather compared to a 
January 1 season opening during the winter. The vessel limit and 
fishing season dates for the blueline tilefish recreational sector 
would match what is being proposed by the Council for snowy grouper 
through Regulatory Amendment 20 to the FMP. The Council determined that 
similar recreational management measures and fishing seasons would be 
beneficial to the fish stocks as both species are caught at the same 
depths and have similar high release mortality rates.

Deep-Water Complex Commercial and Recreational ACLs, AMs, and 
Recreational ACT

    Amendment 32 would revise the ACLs and AMs for the deep-water 
complex (composed of yellowedge grouper, silk snapper, misty grouper, 
queen snapper, sand tilefish, black snapper, and blackfin snapper). The 
ACLs are being revised for two reasons. First, as Amendment 32 proposes 
to remove blueline tilefish from the deep-water complex, this amendment 
would remove the current blueline tilefish portion from the complex 
total ACL. The permanent blueline tilefish portion of the complex ACL 
is 631,341 lb (286,371 kg), round weight, and the total deep-water 
complex ACL is 711,025 lb (322,516 kg), round weight. The emergency 
rule set both a new, separate blueline tilefish ACL of 224,100 lb 
(101,650 kg), round weight and a revised deep-water complex ACL without 
blueline tilefish of 79,684 lb (36,144 kg), round weight. Second, 
through Amendment 29 to the FMP, which is currently in rulemaking, the 
Council is proposing a revision to the ABC control rule for data-poor 
species based on recommendations from the SSC. If Amendment 29 is 
approved and implemented, the portion of the deep-water complex ABC for 
silk snapper and yellowedge grouper would change. The Council submitted 
Amendment 29 to the Secretary of Commerce on October 14, 2014, the 
notice of availability for the amendment was published in the Federal 
Register on November 24, 2014 (79 FR 69819), and the proposed rule 
published in the Federal Register on December 8, 2014 (79 FR 72567).
    Therefore, Amendment 32 would change the deep-water complex total 
ACL (both sectors without blueline tilefish but with the increased 
catch levels for silk snapper and yellowedge grouper resulting from 
Amendment 29), to 170,278 lb (77,237 kg), round weight. Additionally, 
this amendment would establish sector specific ACLs for the deep-water 
complex based on the allocations for species in the deep-water complex 
that were established in the Comprehensive ACL Amendment (77 FR 15916, 
March 16, 2012). The commercial ACL for the complex would be 131,634 lb 
(59,708 kg), round weight and the recreational ACL for the complex 
would be 38,644 lb (17,529 kg), round weight.
    Amendment 32 would revise the AMs for the deep-water complex. The 
amendment would retain the current commercial in-season AM, revise the 
commercial post-season AM, and implement revised recreational AMs for 
the deep-water complex. In Amendment 32, if commercial or recreational 
landings for the deep-water complex reach or are projected to reach 
their applicable ACL, then the commercial or recreational sector, as 
applicable, would be closed for the remainder of the fishing year. The 
recreational sector would not have an in-season closure if the RA 
determined, using the best scientific information available, that a 
closure was unnecessary. The Council decided that the in-season AM for 
both sectors is necessary to reduce the risk that landings exceed the 
ACL.
    Amendment 32 would also modify the post-season ACL overage 
adjustments for the deep-water complex. Currently, if deep-water 
complex commercial landings exceed the ACL and at least one species in 
the complex is overfished, the commercial ACL is reduced in the 
following year by the overage amount. The amendment would modify the 
commercial post-season AMs as follows: If commercial landings exceed 
the commercial ACL, and the combined commercial and recreational ACL 
(total ACL) is exceeded, and at least one species in the deep-water 
complex is overfished, then during the following fishing year the 
complex commercial ACL would be reduced for that following year by the 
amount of the complex's commercial ACL overage in the prior fishing 
year.
    Currently, if recreational landings for the deep-water complex 
exceed the recreational ACL, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the length of the following recreational 
fishing season will be reduced by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. Amendment 32 would modify the recreational 
post-season AMs as follows: For the recreational sector, if 
recreational landings for the deep-water complex exceed the applicable 
recreational ACL, and the combined commercial and recreational ACL is 
exceeded, and at least one species in the complex is overfished, then 
the length of the recreational fishing season in the following fishing 
year would be reduced to ensure that recreational landings do not 
exceed the recreational ACL the following fishing year. Additionally, 
the recreational ACL would be reduced by the amount of the recreational 
ACL overage from the prior fishing year. However, the recreational 
fishing season and recreational ACL would not be reduced if the RA 
determined, using the best scientific information available that no 
reduction is necessary.
    Amendment 32 also revises the deep-water complex recreational ACTs 
to reflect the removal of blueline tilefish from the complex and the 
change in the deep-water complex ABC as described above. These ACTs are 
management reference points to track performance of the management 
measures but do not trigger AMs.
    A proposed rule that would implement measures outlined in Amendment 
32 has been drafted. In

[[Page 75783]]

accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable law. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council submitted Amendment 32 for Secretarial review, 
approval, and implementation on November 14, 2014. Comments received by 
February 17, 2015, whether specifically directed to the amendment or 
the proposed rule, will be considered by NMFS in its decision to 
approve, disapprove, or partially approve the amendment. Comments 
received after that date will not be considered by NMFS in this 
decision. All comments received by NMFS on the amendment or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

    Authority: 16 U.S.C. 180 et seq.

    Dated: December 15, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-29726 Filed 12-18-14; 8:45 am]
BILLING CODE 3510-22-P


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