[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Proposed Rules]
[Pages 44753-44755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18662]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-AY10
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of Amendment 17A to South Atlantic
Snapper-Grouper Fishery Management Plan; request for comments.
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SUMMARY: The South Atlantic Fishery Management Council (Council) has
submitted Amendment 17A to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP) for review,
approval, and implementation by NMFS. The amendment proposes to
establish a rebuilding plan for red snapper, specify a proxy for the
fishing mortality rate that will produce the maximum sustainable yield
(MSY), specify the optimum yield (OY), specify the value for the
minimum stock size threshold (MSST), and specify an annual catch limit
(ACL) and accountability measures (AMs) for red snapper. Amendment 17A
would also prohibit harvest and possession of red snapper in or from
Federal waters of the South Atlantic and in or from state waters for
vessels holding a Federal snapper-grouper permit, and implement an area
closure that extends from southern Georgia to northern Florida where
all harvest and possession of snapper-grouper would be prohibited
(except when fishing with black sea bass pots or spearfishing gear for
species other than red snapper). Additionally, Amendment 17A would
require the use of non-stainless steel circle hooks north of 28[deg] N.
lat. and require a monitoring program for South Atlantic red snapper.
The actions contained in Amendment 17A are intended to end overfishing
of South Atlantic red snapper and rebuild the fishery.
DATES: Comments must be received no later than 5 p.m., eastern time, on
September 27, 2010.
ADDRESSES: You may submit comments, identified by ``0648-AY10'', by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the
[[Page 44754]]
Federal e-Rulemaking Portal http://www.regulations.gov.
Fax: 727-824-5308, Attn: Kate Michie.
Mail: Kate Michie, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be posted for public viewing until
after the comment period is over. All comments received are a part of
the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0035'' in the keyword
search, then check the box labeled ``Select to find documents accepting
comments or submissions'', then select ``Send a Comment or
Submission.'' 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,
WordPerfect, or Adobe PDF file formats only.
Copies of Amendment 17A may be obtained from the South Atlantic
Fishery Management Council, 4055 Faber Place, Suite 201, North
Charleston, SC 29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free);
fax: 843-769-4520; e-mail: [email protected]. Amendment 17A includes an
Environmental Assessment, an Initial Regulatory Flexibility Analysis, a
Regulatory Impact Review, and a Social Impact Assessment/Fishery Impact
Statement.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305;
fax: 727-824-5308; e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery
is managed under the FMP. The FMP was prepared by the Council and
implemented by NMFS under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Background
Amendment 17A would specify a proxy for the fishing mortality rate
that will produce the maximum sustainable yield (FMSY). The
Council recommended that the status quo FMSY proxy
(F30[percnt]SPR) be maintained until the Southeast Fisheries
Science Center is able to conduct a comprehensive review of how
FMSY proxies should be applied across all southeastern
fisheries. The Council also suggested that the decision to apply a
specific FMSY proxy should try to be made comprehensively,
rather than on a species-by-species basis. Therefore, the Council
determined it would be advantageous to first determine what methodology
would be most appropriate for assigning FMSY proxies to
species/stocks across all southeast fisheries before proceeding with a
change to the current FMSY proxy for red snapper.
The Magnuson-Stevens Act requires that a rebuilding plan be
specified for any federally-managed species determined to be
overfished. Rebuilding plans consist of a rebuilding schedule and a
rebuilding strategy. Amendment 17A would define a rebuilding schedule
of 35 years for red snapper. The rebuilding time period would end in
2044.
The Council chose a rebuilding strategy equal to 98 percent of
FMSY (98 percent of F30[percnt]SPR) based a
constant FREBUILD of 0.145, and the ACL would be zero. Under
this rebuilding strategy, an initial 76 percent reduction in total
mortality would be required, and the optimum yield value would be
2,425,000 lbs (1,083,632 kg) whole weight with a 53 percent probability
of rebuilding by 2044. The Council chose an ACL of zero and an AM for
red snapper that would include monitoring the catch per unit effort
that uses data from fishery-independent and fishery-dependent data
sources to track changes in biomass.
In order to reach the rebuilding goal within the specified
timeframe, the Council chose to prohibit all harvest and possession of
red snapper in or from the South Atlantic exclusive economic zone
(EEZ), and in or from state waters for vessels holding Federal snapper-
grouper permits. To address the issue of red snapper bycatch in the
snapper-grouper fishery, NMFS proposes to implement a snapper-grouper
closed area that extends from southern Georgia to northern Florida
between the depths of 98 ft (30 m) to 240 ft (73 m). Within the closed
area all harvest and possession of snapper-grouper would be prohibited
except when fishing with black sea bass pots or spearfishing gear for
species other than red snapper. Transit through the proposed closed
area for vessels with species other than red snapper onboard would be
permitted with gear appropriately stowed.
To further reduce bycatch mortality of red snapper while targeting
other snapper-grouper species, Amendment 17A would require the use of
non-stainless steel circle hooks when fishing with hook-and-line gear
north of 28[deg] N. lat. Amendment 17A also requires a red snapper
monitoring program that would utilize, but not be limited to, fishery-
independent data collection methods. The program would be designed to
monitor rebuilding progress of the stock, and data would be employed in
red snapper assessments. Stock assessments would be used to determine
if the stock is rebuilding, or if additional regulatory modifications
are needed to end overfishing.
The Council has submitted Amendment 17A for Secretarial review,
approval, and implementation. NMFS' decision to approve, partially
approve, or disapprove Amendment 17A will be based, in part, on
consideration of comments, recommendations, and information received
during the comment period on this notice of availability. After
consideration of these factors, and consistency with the Magnuson-
Stevens Act and other applicable laws, NMFS will publish a notice of
agency action in the Federal Register announcing the Agency's decision
to approve, partially approve, or disapprove Amendment 17A, and the
associated rationale.
Proposed Rule for Amendment 17A
A proposed rule that would implement measures outlined in Amendment
17A has been received from the Council. In accordance with the
Magnuson-Stevens Act, NMFS is evaluating Amendment 17A to determine
whether it is consistent with the FMP, the Magnuson-Stevens Act, and
other applicable law. If an affirmative determination is made, NMFS
will publish the proposed rule in the Federal Register for public
review and comment.
[[Page 44755]]
Consideration of Public Comments
Comments received by September 27, 2010, 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. 1801 et seq.
Dated: July 26, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service..
[FR Doc. 2010-18662 Filed 7-26-10; 4:15 pm]
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