[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43145-43148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14945]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200707-0183]
RIN 0648-BJ67
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated
Framework Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements management measures described in Abbreviated
Framework Amendment 3 (Abbreviated Framework 3) to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (South Atlantic Council). This final rule increases
the commercial and recreational annual catch limits (ACLs) and
Abbreviated Framework 3 increases the recreational annual catch target
(ACT) for blueline tilefish in the South Atlantic exclusive economic
zone (EEZ). The purpose of this final rule is to ensure that these
measures for South Atlantic blueline tilefish are based on the best
scientific information available, to achieve and maintain optimum yield
(OY), and to prevent overfishing while minimizing to the extent
practicable, adverse social and economic effects.
DATES: This final rule is effective on August 17, 2020.
ADDRESSES: Electronic copies of Abbreviated Framework 3 may be obtained
from www.regulations.gov or the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/abbreviated-framework-amendment-3-blueline-tilefish. Abbreviated Framework 3 includes a Regulatory
Flexibility Act (RFA) analysis and regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, 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 blueline
tilefish, along with other snapper-grouper species. The FMP was
prepared by the South Atlantic 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).
On April 15, 2020, NMFS published a proposed rule for Abbreviated
Framework 3 in the Federal Register and requested public comment (85 FR
20970, April 15, 2020). Abbreviated Framework 3 and the proposed rule
outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Abbreviated Framework 3
and implemented by this final rule is provided below. All weights
described in this final rule are in round weight.
Management Measure Contained in This Final Rule
This final rule revises the commercial and recreational ACLs for
South Atlantic blueline tilefish based on updated information from a
Southeast Data, Assessment, and Review (SEDAR) benchmark assessment
that was completed for the Atlantic stock of blueline tilefish, using
data through 2015 (SEDAR 50).
Prior to this final rule, the blueline tilefish commercial ACL was
87,521 lb (39,699 kg) and the recreational ACL was 87,277 lb (39,588
kg).
Consistent with the results of SEDAR 50 and the acceptable
biological catch (ABC) recommendation from the South Atlantic Council's
Scientific and Statistical Committee (SSC) that was accepted by the
South Atlantic Council, this final rule increases the commercial
[[Page 43146]]
and recreational ACLs for blueline tilefish in the South Atlantic EEZ.
The total ACL for South Atlantic blueline tilefish will equal the
total South Atlantic ABC of 233,968 lb (106,126 kg). The commercial ACL
will be set at 117,148 lb (53,137 kg) and the recreational ACL will be
set at 116,820 lb (52,989 kg).
The revised ACLs are consistent with the South Atlantic Council
SSC's ABC recommendation, and this final rule does not change the
sector allocation percentages in the FMP. The sector ACLs for blueline
tilefish are based on an allocation of 50.07 percent of the total ACL
to the commercial sector and 49.93 percent of the total ACL to the
recreational sector.
Since 2014, the blueline tilefish commercial sector has experienced
in-season fishing closures every year between April and August,
regardless of the amount of the commercial ACL. If the catch rates of
blueline tilefish in the commercial sector continue as expected in the
future, the revised commercial ACL is still expected to result in an
in-season closure during the commercial season as a result of the ACL
being reached. However, the increase to the commercial ACL in this
final rule is expected to extend the commercial fishing season further
into the fishing year. Because of recent changes to blueline tilefish
management measures and in-season closures, a reliable estimate of
future commercial season lengths is not available.
Blueline tilefish is closed to recreational harvest in the South
Atlantic each year from January 1 through April 30, and from September
1 through December 31. Each year since 2016, recreational landings of
blueline tilefish have exceeded the current recreational ACL. However,
a recreational closure during the May through August fishing season as
a result of landings being projected to reach the recreational ACL
prior to the end of August has not occurred, because in-season
recreational landings are typically not available until after the May
through August fishing season concludes. When compared to recent trends
in estimated recreational landings, the increase in the recreational
ACL through this final rule could reduce the likelihood that the ACL
would be met during the fixed May through August fishing season.
Management Measure Contained in Abbreviated Framework 3 Not Codified
Through This Final Rule
In addition to the ACL changes in this final rule, Abbreviated
Framework 3 will update the recreational ACT for blueline tilefish in
the South Atlantic EEZ. The recreational ACT is based on an ACT
equation in the FMP, unchanged by Abbreviated Framework 3 or this final
rule, where the recreational ACT is equal to the recreational ACL
multiplied by (1 minus the Percent Standard Error) or the recreational
ACL multiplied by 0.5, whichever is greater. Abbreviated Framework 3
increases the recreational ACT from 54,653 lb (24,790 kg) to 70,886 lb
(32,153 kg).
Comments and Responses
NMFS received six comments from individuals during the public
comment period on the proposed rule for Abbreviated Framework 3. One of
the comments was in general support of the actions in the proposed
rule. NMFS acknowledges the comment in favor of the actions in the
proposed rule and agrees with it. NMFS did not respond to comments that
were beyond the scope of the proposed rule in this final rule. The
public comment that opposed an action contained in Abbreviated
Framework 3 and the proposed rule is summarized below, as well as NMFS'
response.
Comment 1: To improve catch levels, the blueline tilefish ACLs
should not be increased until the population is more abundant.
Response: NMFS disagrees that the blueline tilefish ACLs in the
South Atlantic EEZ should not be increased. Abbreviated Framework 3 and
this final rule respond to the latest stock assessment for Atlantic
blueline tilefish (SEDAR 50) completed in October 2017. SEDAR 50
included blueline tilefish data from the South Atlantic Council and the
Mid-Atlantic Fishery Management Councils' (Mid-Atlantic Council)
jurisdictions. The South Atlantic Council's SSC reviewed the
assessment, determined that the assessment represented the best
scientific information available, and provided the South Atlantic
Council with an overfishing limit and updated ABC recommendation for
blueline tilefish in the EEZ south of Cape Hatteras, North Carolina.
Abbreviated Framework 3 and this final rule are increasing the harvest
levels for blueline tilefish in the South Atlantic EEZ based on SEDAR
50. These harvest levels are considered by the SSC to be sustainable
and will not negatively impact the health of the stock. Additionally,
NMFS has determined that blueline tilefish south of Cape Hatteras,
North Carolina, is not currently overfished or undergoing overfishing.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with Abbreviated
Framework 3, the FMP, the Magnuson-Stevens Act, and other applicable
laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this action is not significant
under Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting and record-keeping
requirements are introduced by this rule. Accordingly, the Paperwork
Reduction Act does not apply to this rule.
A description of this final rule, why it is being implemented, and
the purposes of this rule are contained in the preamble and in the
SUMMARY section. The objectives of this rule are to ensure that these
measures for South Atlantic blueline tilefish are based on the best
scientific information available, to achieve and maintain OY, and to
prevent overfishing while minimizing adverse social and economic
effects to the extent practicable.
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. NMFS did not receive any comments from the
SBA Office of Advocacy or the public regarding the economic analysis of
Abbreviated Framework 3 or the certification contained in the proposed
rule. No changes to this final rule were made in response to public
comments.
The analysis included in the abbreviated framework action concluded
that no charter vessels or headboats (for-hire) would be directly
regulated by this rule. However, NMFS subsequently determined that some
for-hire fishing businesses would be directly regulated by this rule.
The rationale for that determination and the factual basis for the
certification were published in the proposed rule and are repeated here
for clarity.
This rule increases the total ACL and consequently the commercial
and recreational ACLs for South Atlantic blueline tilefish. Thus, this
rule applies to entities that harvest South Atlantic blueline tilefish.
Recreational anglers
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fishing for South Atlantic blueline tilefish will be directly affected
by the rule. However, anglers are not considered entities under the RFA
and thus will not be directly regulated by this rule.
This rule is expected to directly regulate commercial and for-hire
businesses (vessels) that harvest or have the ability to harvest South
Atlantic blueline tilefish. In 2018, there were 549 vessels with valid
or renewable Federal South Atlantic snapper-grouper unlimited permits
and 110 vessels with valid or renewable 225-lb (102-kg) trip limited
permits. Any vessel with a valid Federal South Atlantic snapper-grouper
unlimited permit or 225-lb (102-kg) trip limited permit may
commercially harvest blueline tilefish. In 2018, there were 2,176 for-
hire vessels that possessed a valid or renewable Federal charter
vessel/headboat permit for South Atlantic snapper-grouper. Any for-hire
vessel with a valid Federal charter vessel/headboat permit for South
Atlantic snapper-grouper may harvest South Atlantic blueline tilefish.
The number of charter vessels with a valid Federal permit that harvest
South Atlantic blueline tilefish cannot be determined with available
data. Based on the information above, NMFS determined that this rule
may directly regulate 659 commercial fishing businesses and 2,176 for-
hire fishing businesses.
From 2014 through 2018, an average of 143 commercial vessels per
year landed blueline tilefish in the South Atlantic. Taken together,
these vessels averaged 716 trips per year in the South Atlantic on
which blueline tilefish were landed, and an additional 4,400 trips in
the South Atlantic that did not land any blueline tilefish or were
taken outside the South Atlantic regardless of the species caught. In
2018 dollars, the average annual total revenues were approximately
$0.03 million from blueline tilefish, $1.89 million from other species
co-harvested with blueline tilefish on the same trips, and $8.95
million from trips in the South Atlantic on which no blueline tilefish
were harvested or trips that occurred outside the South Atlantic.
Average annual gross revenue from all species landed by vessels
harvesting blueline tilefish in the South Atlantic was approximately
$11.15 million. Thus, average annual gross revenue per commercial
vessel was about $78,000 per vessel. For comparison, average annual
gross revenue of federally permitted charter vessels and headboats in
the South Atlantic is $123,064 per charter vessel and $267,067 per
headboat in 2018 dollars.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in it field of operations (including its
affiliates). From 2014 through 2018, the maximum average annual gross
revenue for a single vessel in the commercial snapper-grouper fishing
industry was about $1.6 million in 2018 dollars. Based on this
information, all directly regulated commercial fishing businesses are
determined, for the purpose of this analysis, to be small entities.
The SBA has established size standards for all other major industry
sectors in the U.S., including for-hire fishing businesses (NAICS code
487210). A business primarily involved in the for-hire fishing industry
is classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has annual receipts (revenue) not in excess of $8
million for all its affiliated operations worldwide. In 2017, the
maximum annual gross revenue for a single headboat in the South
Atlantic was about $765,200 in 2018 dollars. On average, annual gross
revenue for headboats is more than double the annual gross revenue for
charter vessels. Thus, it is assumed the maximum annual gross revenue
for charter vessels is less than $765,200. Based on this information,
all directly regulated for-hire fishing businesses are determined, for
the purpose of this analysis, to be small entities.
For South Atlantic blueline tilefish, this rule increases the total
ACL from 174,798 lb to 233,968 lb (79,287 kg to 106,126 kg), the
commercial ACL from 87,521 lb to 117,148 lb (39,699 kg to 53,137 kg),
the recreational ACL from 87,277 lb to 116,820 lb (39,588 kg to 52,989
kg). In addition, Abbreviated Framework 3 increases the recreational
ACT from 54,653 lb to 70,886 lb (24,790 kg to 32,153 kg). The
recreational ACT does not constrain harvest in the recreational sector
and therefore is not relevant with respect to determining effects on
small entities.
The increase in the commercial ACL is expected to increase annual
gross revenue for commercial snapper-grouper fishing entities
harvesting blueline tilefish by a total of $96,979, or by about $678
per active vessel, while profits for all commercial snapper-grouper
fishing entities harvesting blueline tilefish are expected to increase
by $23,134, or about $162 per vessel, in 2018 dollars. Because the
recreational ACL is shared between private anglers and for-hire
vessels, but without an established allocation among those components,
it is not possible to determine how much of the increase in the
recreational ACL will accrue to the for-hire snapper-grouper vessels
that harvest blueline tilefish. However, the higher recreational ACL
would be expected to at least minimally increase the number of for-hire
trips harvesting blueline tilefish, which in turn would be expected to
minimally increase the for-hire vessels' profits.
Because this final rule is not expected to have a significant
economic impact on a substantial number of small entities, a final
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Blueline tilefish, Fisheries, Fishing, South
Atlantic.
Dated: July 7, 2020.
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 the first sentence in paragraphs (z)(1)(i),
(2)(i), and (3) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(z) * * * (1) * * * (i) If commercial landings for blueline
tilefish, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 117,148 lb (53,137 kg), round weight, 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. * * *
* * * * *
(2) * * * (i) If recreational landings for blueline tilefish, as
estimated by the SRD, reach or are projected to reach the
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recreational ACL of 116,820 lb (52,989 kg), round weight, 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, unless
the RA determines that no closure is necessary based on the best
scientific information available. * * *
* * * * *
(3) The combined commercial and recreational sector ACL (total ACL)
is 233,968 lb (106,126 kg), round weight.
[FR Doc. 2020-14945 Filed 7-15-20; 8:45 am]
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