[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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