[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59126-59129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28478]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 640
[Docket No. 990506122-9284-02; I.D.020899A]
RIN 0648-AL42
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fishery Management Plans of the South Atlantic Region (FMPs); Addition
to Framework Provisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement that portion of the
Comprehensive Amendment Addressing Sustainable Fishery Act Definitions
and Other Required Provisions in Fishery Management Plans of the South
Atlantic Region (Comprehensive Amendment) that modifies the framework
procedures in the South Atlantic Fishery Management Council's FMPs to
allow the addition of biomass levels and age-structured analyses to
these FMPs. The intended effect is to provide a more timely mechanism
for incorporating biomass levels and age-structured analyses into the
FMPs when such information becomes available.
DATES: This final rule is effective December 2, 1999.
FOR FURTHER INFORMATION CONTACT: Roy Crabtree, 727-570-5305.
SUPPLEMENTARY INFORMATION: The Comprehensive Amendment addresses
fisheries under the FMPs. The FMPs were prepared by the South Atlantic
Fishery Management Council (Council), except for the coastal migratory
pelagics and spiny lobster fishery management plans that were prepared
jointly by the South Atlantic and Gulf of Mexico Fishery Management
Councils. NMFS approved all of these FMPs and, except the FMP for spiny
lobster, implemented them under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act
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(Magnuson-Stevens Act) by regulations at 50 CFR part 622. The Fishery
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and
South Atlantic is implemented by regulations at 50 CFR part 640.
On February 18, 1999, NMFS announced the availability of the
Comprehensive Amendment and requested comments on it (64 FR 8052).
After considering the comments received, NMFS only partially approved
the Comprehensive Amendment on May 18, 1999. NMFS disapproved the
rebuilding schedules for all grouper species, red snapper, and red
drum. These rebuilding schedules exceed 10 years and NMFS advised the
Council that the rebuilding schedules must be estimated and explained
in a more explicit manner consistent with the national standard
guidelines. NMFS partially approved the stock status determination
criteria because they are incomplete and, thus, do not totally fulfill
the relevant requirements of the Magnuson-Stevens Act and the national
standard guidelines. The Council must provide biomass-based estimates
of maximum sustainable yield (MSY) and minimum stock size threshold for
each stock in addition to the fishing mortality-based proxies provided
in the Comprehensive Amendment.
On May 24, 1999, NMFS published a proposed rule to implement those
approved Comprehensive Amendment measures requiring rulemaking and
requested comments on the rule (64 FR 27952). The background and
rationale for the measures in the Comprehensive Amendment and proposed
rule are contained in the preamble to the proposed rule and are not
repeated here.
Comments and Responses
NMFS received nine written comments during the public comment
period on the Comprehensive Amendment and proposed rule. A summary of
the comments and NMFS' responses follow.
Comment 1: One commenter commented that the environmental
assessment (EA) included in the amendment is inadequate and that an
environmental impact statement (EIS) is required. The commenter stated
that the National Environmental Policy Act requires NMFS and the
Council to provide an EIS and recommended that NMFS disapprove the
Council's EA and require a supplemental EIS.
Response: NMFS disagrees and concurs with the Council's statement
that because the action will not have a significant effect on the human
environment an EIS is not required. The amendment authorizes no
specific regulatory actions that would affect fish stocks or the
environment. The need for an EIS will be evaluated as regulatory
measures are implemented to achieve the goals of the Comprehensive
Amendment.
Comment 2: Two commenters commented that the rebuilding plans for
overfished species in the Comprehensive Amendment do not comply with
the requirements of the Magnuson-Stevens Act. Both also commented that
the Council's actions to end overfishing in the snapper-grouper fishery
are inadequate.
Response: NMFS concurs that the rebuilding schedules proposed in
the Comprehensive Amendment are incomplete and do not fully comply with
the requirements of the Magnuson-Stevens Act. NMFS disapproved the
rebuilding schedules for all grouper species, red snapper, and red drum
and is committed to working with the Council to provide the additional
information necessary to bring all stock rebuilding schedules into
compliance with the requirements of the Magnuson-Stevens Act. NMFS
believes that the resource conservation measures in Amendment 9 to the
FMP for the Snapper-Grouper Fishery off the Southern Atlantic States
that it approved and implemented in 1999 (64 FR 3624; January 25, 1999)
are precautionary and will sufficiently reduce fishing mortality to
initiate the recovery of overfished stocks and to prevent overfishing
of others. As new stock assessments are completed for snapper-grouper
species, the Council and NMFS will evaluate the need for additional
measures to prevent overfishing. For example, the recent red porgy
assessment indicated that the measures contained in Amendment 9 were
insufficient to prevent overfishing of this stock. Consequently, the
Council requested and NMFS agreed to issue an emergency rule to
prohibit the harvest of red porgy (September 3, 1999; 64 FR 48324). The
Council is currently developing longer term red porgy conservation
measures.
Comment 3: Three commenters objected to the provisions of the
Comprehensive Amendment regarding the reporting and minimization of
bycatch. All commented that additional bycatch reporting is needed to
quantify bycatch and that additional measures were required to reduce
bycatch.
Response: NMFS believes that the Council has taken actions to
reduce bycatch to the maximum extent practicable. Furthermore, the
Council is exploring additional approaches, such as marine reserves, to
address problems in the snapper-grouper fishery where the release
mortality of regulatory discards is high. The Council is also reviewing
the rock shrimp fishery to determine if additional measures are
required to reduce bycatch. NMFS believes that the improved reporting
requirements specified in the Atlantic Coastal Cooperative Statistics
Program and NMFS' plans to incorporate a bycatch reporting requirement
in all mandatory logbooks currently in use (expected by January 1,
2001) will significantly improve bycatch reporting and will fulfill the
requirements of the Magnuson-Stevens Act. NMFS and the Council
recognize that as additional bycatch information becomes available
through improved bycatch reporting measures, additional action may be
needed to further reduce bycatch.
Comment 4: Three commenters commented that the Comprehensive
Amendment fails to adequately discuss the fair and equitable allocation
of fishery resources among various sectors of the fishery. In
particular, these groups objected to the sale of fish caught under the
recreational bag limit.
Response: The Comprehensive Amendment addresses bycatch,
overfishing definitions, and rebuilding schedules; however, the
amendment proposes no regulatory actions that directly affect
allocations. Therefore, the issue of fair and equitable allocations and
the sale of fish caught under the recreational bag limit are issues
outside the scope of this amendment.
Comment 5: Three commenters commented that the Council's actions to
reduce bycatch in the recreational sector are inadequate and do not
meet the Magnuson-Stevens Act requirement to reduce bycatch.
Response: NMFS disagrees. The Council and NMFS believe that the
mortality rate of regulatory discards in shallow-water fisheries such
as red drum, and in surface-water pelagic fisheries such as king
mackerel, is low and has been minimized to the maximum extent
practicable. NMFS and the Council recognize that the mortality rates of
deep-water snapper-grouper species may be high and that additional
steps may be required to reduce bycatch in that fishery. In the
Comprehensive Amendment, the Council states its intent to continue to
explore new methods to manage the snapper-grouper fishery and reduce
bycatch. For example, the Council has previously established an
experimental closed area (i.e., Oculina Bank habitat area of particular
concern) to study the benefits of marine reserves and is currently
examining the potential for using such marine reserves as a management
tool for the snapper-grouper fishery. NMFS
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stock assessments take into account the number and size of fish
released by the recreational sector and the mortality rate of these
fish. This source of mortality is considered in the allocation of
fishery resources among sectors.
Comment 6: One commenter stated that closures of fisheries are not
necessary and that pollution is the major factor reducing populations
of marine fishes. Another commenter expressed concerns that the effects
of pollution and natural variations on marine stocks were not discussed
in the amendment.
Response: NMFS agrees that pollution is a significant problem
adversely affecting many species of marine fish. NMFS also recognizes
that significant natural fluctuations occur in marine fish stocks even
in the absence of a fishery. However, NMFS is required by the Magnuson-
Stevens Act to take steps to prevent overfishing and rebuild overfished
stocks. To meet this requirement, reductions in catch and closures of
some fisheries are justified and necessary. The existence of pollution
or natural variations in stocks does not alter the need to control
fishing mortality.
Comment 7: Two commenters commented that the Comprehensive
Amendment fails to account for the effect of fishing regulations on
fishing communities.
Response: The Comprehensive Amendment identifies and describes
fishing communities using the best available data and also describes
additional data needed to better evaluate the effect of future
regulatory actions on fishing communities. As future regulatory actions
are proposed by the Council under its FMPs, the Council and NMFS will
consider the anticipated effects on fishing communities as required by
section 303(a)(9) of the Magnuson-Stevens Act.
Comment 8: One commenter commented that specifying MSY and the
maximum fishing mortality threshold (MFMT) at the same level is not
precautionary. They recommend that NMFS disapprove the MFMT
specifications.
Response: NMFS disagrees. The Technical Guidelines state that the
MFMT must not exceed the fishing mortality rate associated with MSY but
allows the rate to be set equal to that at MSY.
Classification
The Regional Administrator, Southeast Region, NMFS, with the
concurrence of the Assistant Administrator for Fisheries, NOAA,
determined that the approved measures of the Comprehensive Amendment
are necessary for the conservation and management of the fisheries off
the southern Atlantic states and that, with the exception of the
provisions that were disapproved, the Comprehensive Amendment is
consistent with the Magnuson-Stevens Act and other applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
List of Subjects
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
50 CFR Part 640
Fisheries, Fishing, Incorporation by reference, Reporting and
recordkeeping requirements.
Dated: October 26, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR parts 622 and 640
are amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.48, the introductory text and paragraphs (c), (f),
(g), and (h) are revised to read as follows:
Sec. 622.48 Adjustment of management measures.
In accordance with the framework procedures of the applicable FMPs,
the RD may establish or modify the following items:
* * * * *
(c) Coastal migratory pelagic fish. For cobia or for a migratory
group of king or Spanish mackerel: Biomass levels, age-structured
analyses, MSY, overfishing level, TAC, quota (including a quota of
zero), bag limit (including a bag limit of zero), minimum size limit,
vessel trip limits, closed seasons or areas, gear restrictions (ranging
from regulation to complete prohibition), reallocation of the
commercial/recreational allocation of Atlantic group Spanish mackerel,
and permit requirements.
* * * * *
(f) South Atlantic snapper-grouper and wreckfish. For species or
species groups: Biomass levels, age-structured analyses, target dates
for rebuilding overfished species, MSY, ABC, TAC, quotas, trip limits,
bag limits, minimum sizes, gear restrictions (ranging from regulation
to complete prohibition), and seasonal or area closures.
(g) South Atlantic golden crab. Biomass levels, age-structured
analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip
limits, minimum sizes, gear regulations and restrictions, permit
requirements, seasonal or area closures, time frame for recovery of
golden crab if overfished, fishing year (adjustment not to exceed 2
months), observer requirements, and authority for the RD to close the
fishery when a quota is reached or is projected to be reached.
(h) South Atlantic shrimp. Biomass levels, age-structured analyses,
BRD certification criteria, BRD specifications, BRD testing protocol,
certified BRDs, nets required to use BRDs, and times and locations when
the use of BRDs is required.
* * * * *
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH
ATLANTIC
3. The authority citation for part 640 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. A new Sec. 640.25 is added to subpart B to read as follows:
Sec. 640.25 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the Spiny Lobster Fishery of the Gulf of Mexico and
South Atlantic, the RD may establish or modify the following items:
Biomass levels, age-structured analyses, limits on the number of traps
fished by each vessel, construction characteristics of traps,
specification of gear and vessel identification requirements,
specification of allowable or prohibited gear in a directed fishery,
specification of bycatch levels in non-directed fisheries, changes to
soak or removal periods and requirements for traps, recreational bag
and possession limits, changes in fishing seasons, limitations on use,
possession, and handling of
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undersized lobsters, and changes in minimum size.
[FR Doc. 99-28478 Filed 11-1-99; 8:45 am]
BILLING CODE 3510-22-F
