[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4528]
[[Page Unknown]]
[Federal Register: March 1, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 646
[Docket No. 940246-4046; I.D. 012794A]
RIN 0648-AE51
Snapper-Grouper Fishery of the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS issues this proposed rule to implement Amendment 6 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic (FMP). Amendment 6 would establish management measures
necessary to conserve overfished stocks of snowy grouper, golden
tilefish, speckled hind, and warsaw grouper in the South Atlantic
exclusive economic zone (EEZ). The intended effects of this rule are to
rebuild the snapper-grouper resources and to clarify the regulations
implementing the FMP.
DATES: Written comments must be received on or before April 11, 1994.
ADDRESSES: Comments on the proposed rule must be sent to Peter J.
Eldridge, Southeast Regional Office, NMFS, 9450 Koger Boulevard, St.
Petersburg, FL 33702.
Requests for copies of Amendment 6, which includes an environmental
assessment, a regulatory impact review, and an initial regulatory
flexibility analysis should be sent to the South Atlantic Fishery
Management Council, 1 Southpark Circle, Suite 306, Charleston SC 29407-
4699; FAX 803-769-4520.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-893-3161.
SUPPLEMENTARY INFORMATION: Snapper-grouper species off the southern
Atlantic states are managed under the FMP. The FMP was prepared by the
South Atlantic Fishery Management Council (Council) and is implemented
through regulations at 50 CFR part 646 under the authority of the
Magnuson Fishery Conservation and Management Act (Magnuson Act).
Background
Recent stock assessments by NMFS have identified snowy grouper,
golden tilefish, speckled hind, and warsaw grouper as being overfished.
The management measures in Amendment 6 represent the Council's initial
steps to prevent this overfishing and to rebuild the abundance level of
these species.
Amendment 6 would establish commercial quotas and trip limits for
snowy grouper and golden tilefish; impose a trip limit of one warsaw
grouper and one speckled hind per vessel and prohibit sale of these
species; include tilefish species in the current grouper bag limit;
require that vessel logbooks be submitted by all permitted vessels; and
close the Oculina Bank habitat area of particular concern (HAPC) to
fishing for snapper-grouper species. In addition, NMFS proposes changes
to the regulations to clarify them and conform them to current
standards.
Snowy Grouper and Golden Tilefish
The most recent stock assessment report for the deep water
component of the snapper-grouper fishery indicates that a 40 percent
reduction in the fishing mortality rate is necessary to rebuild the
snowy grouper stock and a 42 percent reduction is necessary for the
golden tilefish stock. These reductions in mortality rate should result
in a spawning stock ratio of 30 percent, the level at which the stocks
are no longer considered to be overfished under the provisions of the
FMP. The Council concluded that reductions in fishing mortality should
be achieved through reductions in allowable catch, a manageable proxy
for fishing mortality, and should be phased in through equal reductions
in each of the next 3 years. Such phased-in catch reductions should
minimize financial impacts on fishermen and provide additional
information for measuring the effectiveness of the rebuilding schedule.
Accordingly, Amendment 6 would establish a commercial quota for
snowy grouper and a commercial quota for golden tilefish for each of
the years 1994, 1995, and 1996. To minimize any ``derby'' fishing that
might be caused by the quota system, vessel trip limits are proposed on
snowy grouper of 2,500 pounds (1,134 kg) and golden tilefish of 5,000
pounds (2,268 kg). All trip limit weights are either whole weight or
gutted weight, at the harvesting vessel's option. Thus, compliance may
be determined by weighing the fish without having to sort and weigh
whole and gutted fish separately. When a quota for either species is
reached, a reduced trip limit of 300 pounds (136 kg) would be
implemented for that species for the remainder of the fishing year. The
300-pound level is deemed to be appropriate as a bycatch allowance.
Each year's quota would be established at a level that would ensure
that bycatch plus the quota would not exceed the catch levels necessary
to achieve the targeted reductions in fishing mortalities.
Annual quotas, in gutted weights, are proposed as follows:
------------------------------------------------------------------------
Snowy grouper Golden tilefish
-----------------------------------------
Pounds Kg Pounds Kg
------------------------------------------------------------------------
1994.......................... 540,314 245,082 1,475,795 669,409
1995.......................... 442,448 200,691 1,238,818 561,918
1996.......................... 344,508 156,266 1,001,663 454,347
------------------------------------------------------------------------
Warsaw Grouper and Speckled Hind
Amendment 6 proposes to limit the possession of warsaw grouper and
speckled hind to one of each per vessel per trip and to ban the sale of
these species. Fishermen would be encouraged to donate fish caught
under the trip limit to ``good causes,'' such as charitable
organizations. This measure would reduce the fishing mortality on these
overfished species but, since they are minor components of the snapper-
grouper fishery, would not have a significant adverse economic effect
on fishermen.
Tilefish
Amendment 6 proposes to include tilefish species in the bag limit
for groupers, currently five fish per person per day. This action would
reduce fishing mortality on golden tilefish, which are known to be
overfished, and on the other tilefish species, which, because of
similar life history characteristics, are suspected to be overfished.
In addition, inclusion of all tilefish species will obviate the
necessity for species differentiation among members of the tilefish
family, a task that may be difficult for recreational fishermen.
Fishing Vessel Logbooks
Amendment 6 proposes that all permitted vessels be required to
maintain and submit vessel logbooks that provide catch and effort data.
Such data are needed for quota monitoring, stock assessments, catch
histories, and indications of shifts in effort. Currently, the
regulations require vessel logbooks on behalf of vessels selected by
the Science and Research Director. Since January 1993, all vessels have
been selected. Amendment 6 would not change the level of logbook
coverage. Selection of all to report, however, would be in the
regulations rather than by individual notification.
Oculina Bank
The Council is concerned that traditional fishery management
measures, such as minimum size limits and quotas, may not be sufficient
to protect fully the snapper-grouper resources. The Council considered
establishing marine reserves in the EEZ off the southern Atlantic
states but deferred action due to public opposition and lack of
information on benefits derived from marine reserves. To evaluate the
benefits of marine reserves, Amendment 6 proposes to prohibit fishing
for snapper-grouper species in the Oculina Bank HAPC. The Oculina Bank
is an established HAPC under the regulations governing coral and coral
reefs of the Gulf of Mexico and South Atlantic (50 CFR part 638) in
which fishing with bottom longlines, traps, pots, dredges, and bottom
trawls is prohibited. The Oculina Bank HAPC is located offshore from
Ft. Pierce to Sebastian Inlet, Florida, at depths between 30 and 75
fathoms. To aid enforcement of the area restrictions of no bottom
fishing, the Council also proposes to prohibit fishing while at anchor
in the Oculina Bank HAPC. NMFS is not aware of any fishing that would
be conducted in the HAPC while anchored other than fishing for snapper-
grouper species. Accordingly, this proposed rule would establish a
rebuttable presumption that fishing while anchored constitutes fishing
for snapper-grouper species. The Council believes this action will
provide protection for overfished species in the management unit and
will provide data on the benefits of marine reserves while minimizing
adverse impacts upon user groups. This measure will ``sunset'' after 10
years if not reauthorized by the Council. NMFS is to report to the
Council on the effectiveness of the HAPC as soon as data are available,
but no later than the end of 2000.
Availability of Amendment 6
Additional background and rationale for the measures discussed
above are contained in Amendment 6, the availability of which was
announced in the Federal Register (59 FR 5562, February 7, 1994).
Additional Changes Proposed by NMFS
In Sec. 646.1(b), NMFS proposes to clarify that the scope of the
regulations in part 646 includes not only fish in the snapper-grouper
fishery in or from the South Atlantic EEZ, but also, for data
collection and quotas, such fish in adjoining state waters.
In Sec. 646.2 in the definition of ``Fish in the snapper-grouper
fishery,'' NMFS proposes to change ``Tilefish (Golden)'' to ``Golden
tilefish'' for ease of reference, and to change the family designation
``Triggerfishes--Balistidae'' to ``Leatherjackets--Balistidae'' in
accordance with current scientific nomenclature.
Section 646.4(b)(2)(vi)(C) requires an applicant for a vessel
permit authorizing the use of sea bass pots to sign a statement that
allows an authorized officer reasonable access to the applicant's
property to examine pots for compliance with the regulations. NMFS
finds that this requirement is unnecessary. Accordingly, as a technical
amendment, this proposed rule would remove Sec. 641.4(b)(2)(vi)(C).
NMFS proposes to remove from the regulatory text specification of
the statistical areas used for reporting catches to designees of the
Science and Research Director. Such designees have the capability of
recording catch areas with the required specificity. Accordingly,
reference to the statistical areas in Sec. 646.5(d) and depiction of
the areas in Figure 2 to part 646 would be removed.
NMFS proposes to add a prohibition regarding false statements to an
authorized officer concerning the taking, catching, harvesting,
landing, purchase, sale, possession, or transfer of a reef fish. This
addition would aid in enforcement of the regulations and conform the
regulations to current standards.
Classification
This rule is not subject to review under E.O. 12866. The Council
prepared an initial regulatory flexibility analysis (IRFA) as part of
Amendment 6, which concludes that Amendment 6 may have a significant
economic impact on a substantial number of small entities. The IRFA is
summarized as follows. Virtually every permitted vessel in the snapper-
grouper fishery represents a small entity, at least 20 percent of which
could be affected by the amendment. The estimated potential loss of
revenues to fishermen over a period of 3 years is $1.15 million, which
may equate to individual reductions in annual gross revenues exceeding
5 percent. Additional analysis and discussion are contained in the
IRFA, a copy of which is available (see ADDRESSES).
This rule involves a collection-of-information requirement subject
to the Paperwork Reduction Act which has been approved by the Office of
Management and Budget under OMB Control Numbers 0648-0016. The public
reporting burden for this collection of information is estimated to be
10 minutes.
The Council has determined that this rule will be implemented in a
manner that is consistent to the maximum extent practicable with the
approved coastal zone management programs of the south Atlantic states.
This determination was submitted for review by responsible state
agencies under section 307 of the Coastal Zone Management Act.
An informal consultation under the Endangered Species Act was
concluded for Amendment 6 on September 27, 1993. As a result of the
informal consultation, the Regional Director determined that neither
the fishing activities nor the management measures under this rule are
likely to adversely affect endangered or threatened species or critical
habitat.
The Council prepared an environmental assessment (EA) that
discusses the impacts of the amendment's measures on the human
environment as a result of this rule. The EA is available (see
ADDRESSES) and comments on it are invited.
List of Subjects in 50 CFR Part 646
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 23, 1994.
Samuel W. McKeen,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service
For the reasons set forth in the preamble, 50 CFR part 646 is
proposed to be amended as follows:
PART 646--SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC
1. The authority citation for part 646 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 646.1, paragraph (b) is revised to read as follows:
Sec. 646.1 Purpose and scope.
* * * * *
(b) This part governs conservation and management of fish in the
snapper-grouper fishery in or from the South Atlantic EEZ, except that
Secs. 646.5 and 646.24 also apply to such fish in or from adjoining
state waters.
Sec. 646.2 [Amended]
3. In Sec. 646.2, in the definition for ``Fish in the snapper-
grouper fishery'', the listing for ``Tilefish (Golden)'' under the
family designation ``Tilefishes--Malacanthidae'' is revised to read
``Golden tilefish'' and the family designation ``Triggerfishes--
Balistidae'' is revised to read ``Leatherjackets--Balistidae''; and in
the definition for ``Sea bass pot'', in paragraph (3) introductory
text, the parenthetical phrase ``(see Figure 3)'' is revised to read
``(see Figure 2)''.
Sec. 646.4 [Amended]
4. In Sec. 646.4, in paragraph (b)(2)(vi)(A), the word ``and'' is
added after the concluding semicolon; in paragraph (b)(2)(vi)(B), the
semicolon and concluding word ``and'' are removed and a period is added
in their place; and paragraph (b)(2)(vi)(C) is removed.
5. In Sec. 646.5, paragraphs (a)(1), (d) introductory text, and
(d)(4) are revised to read as follows:
Sec. 646.5 Recordkeeping and reporting.
(a) * * * (1) The owner or operator of a vessel for which a permit
for snapper-grouper, excluding wreckfish, has been issued, as required
by Sec. 646.4(a)(1); and
* * * * *
(d) Charter vessel and headboat inventory. A person described under
paragraph (b) of this section who is not selected to report must
provide the following information when interviewed by the Science and
Research Director:
* * * * *
(4) Fishing areas;
* * * * *
6. In Sec. 646.7, paragraph (kk) is revised; paragraph (mm) is
redesignated as paragraph (ss); and new paragraphs (mm) through (rr)
are added to read as follows:
Sec. 646.7 Prohibitions.
* * * * *
(kk) Transfer at sea--
(1) Warsaw grouper or speckled hind, as specified in
Sec. 646.21(j)(6);
(2) Fish in the snapper-grouper fishery subject to a bag limit, as
specified in Sec. 646.23(f); or
(3) Snowy grouper or golden tilefish, as specified in
Sec. 646.25(e).
* * * * *
(mm) Fish for fish in the snapper-grouper fishery in the Oculina
Bank habitat area of particular concern (HAPC); retain such fish in or
from the Oculina Bank HAPC; or fail to release immediately such fish
taken in the Oculina Bank HAPC by hook-and-line gear, as specified in
Sec. 646.26(d)(2).
(nn) Possess a warsaw grouper or speckled hind in excess of the
vessel trip limit, as specified in Sec. 646.21 (j)(1) or (j)(2).
(oo) Sell, purchase, trade, or barter or attempt to sell, purchase,
trade, or barter a warsaw grouper or speckled hind, as specified in
Sec. 646.21(j)(3).
(pp) Exceed a commercial trip limit for snowy grouper or golden
tilefish, as specified in Sec. 646.25 (a) or (b).
(qq) Sell, purchase, trade, or barter or attempt to sell, purchase,
trade, or barter snowy grouper or golden tilefish in excess of an
applicable trip limit, as specified in Sec. 646.25(f).
(rr) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a fish in the snapper-grouper fishery.
* * * * *
7. Section 646.20 is revised to read as follows:
Sec. 646.20 Fishing years.
(a) The fishing year for wreckfish begins on April 16 and ends on
April 15.
(b) The fishing year for fish in the snapper-grouper fishery other
than wreckfish begins on January 1 and ends on December 31.
8. In Sec. 646.21, a new paragraph (j) is added to read as follows:
Sec. 646.21 Harvest limitations.
* * * * *
(j) Warsaw grouper and speckled hind. (1) The possession of warsaw
grouper in or from the EEZ is limited to one per vessel per trip.
(2) The possession of speckled hind in or from the EEZ is limited
to one per vessel per trip.
(3) A warsaw grouper or a speckled hind in or from the EEZ may not
be sold, purchased, traded, or bartered or attempted to be sold,
purchased, traded, or bartered.
(4) A person who fishes in the EEZ may not combine a possession
limit specified in paragraph (j)(1) or (j)(2) of this section with a
bag or possession limit applicable to state waters.
(5) The operator of a vessel that fishes in the EEZ is responsible
for the possession limit applicable to that vessel.
(6) A warsaw grouper or speckled hind taken in the EEZ may not be
transferred at sea, regardless of where such transfer takes place; and
a warsaw grouper or speckled hind may not be transferred at sea in the
EEZ, regardless of where such fish was taken.
9. In Sec. 646.23, a new paragraph (a)(4) is added and paragraph
(b)(3) is revised to read as follows:
Sec. 646.23 Bag and possession limits.
(a) * * *
(4) Special limitations on possession of warsaw grouper and
speckled hind apply. (See Sec. 646.21(j).)
(b) * * *
(3) Groupers, excluding jewfish and Nassau grouper, and tilefishes,
combined--5.
* * * * *
10. Section 646.24 is revised to read as follows:
Sec. 646.24 Commercial quotas.
Persons who are not subject to the bag limits are subject to the
following quotas. (See Sec. 646.23(a)(1) for applicability of the bag
limits.)
(a) Wreckfish (whole weight)--2 million pounds (907,185 kg), each
fishing year.
(b) Snowy grouper (gutted weight, that is, eviscerated but
otherwise whole)--
(1) 540,314 pounds (245,082 kg), in the fishing year that commences
January 1, 1994.
(2) 442,448 pounds (200,691 kg), in the fishing year that commences
January 1, 1995.
(3) 344,508 pounds (156,266 kg), in the fishing year that commences
January 1, 1996.
(c) Golden tilefish (gutted weight, that is, eviscerated but
otherwise whole)--
(1) 1,475,795 pounds (669,409 kg), in the fishing year that
commences January 1, 1994.
(2) 1,238,818 pounds (561,918 kg), in the fishing year that
commences January 1, 1995.
(3) 1,001,663 pounds (454,347 kg), in the fishing year that
commences January 1, 1996.
Secs. 646.27 and 646.25 [Redesignated as Secs. 646.28 and 646.27]
11. Section 646.27 is redesignated as Sec. 646.28; Sec. 646.25 is
redesignated as Sec. 646.27; and a new Sec. 646.25 is added to read as
follows:
Sec. 646.25 Commercial trip limits.
Persons who are not subject to the bag limits who fish in the EEZ
on a trip are subject to the following vessel trip limits. (See
Sec. 646.23(a)(1) for applicability of the bag limits.)
(a) Snowy grouper (whole weight or gutted weight, that is,
eviscerated but otherwise whole).
(1) Until the fishing year quota specified in Sec. 646.24(b) is
reached, 2,500 pounds (1,134 kg).
(2) After the fishing year quota specified in Sec. 646.24(b) is
reached, 300 pounds (136 kg).
(b) Golden tilefish (whole weight or gutted weight, that is,
eviscerated but otherwise whole).
(1) Until the fishing year quota specified in Sec. 646.24(c) is
reached, 5,000 pounds (2,268 kg).
(2) After the fishing year quota specified in Sec. 646.24(c) is
reached, 300 pounds (136 kg).
(c) Reduction of trip limits. When a commercial quota specified in
Sec. 646.24 (b) or (c) is reached, or is projected to be reached, the
Assistant Administrator will file a notice to that effect with the
Office of the Federal Register. On and after the effective date of such
notice, for the remainder of the fishing year, the appropriate trip
limit applies.
(d) A person who fishes in the EEZ may not combine a trip limit of
this section with any trip or possession limit applicable to state
waters.
(e) A snowy grouper or golden tilefish taken in the EEZ may not be
transferred at sea, regardless of where such transfer takes place; and
a snowy grouper or golden tilefish may not be transferred at sea in the
EEZ, regardless of where such snowy grouper or golden tilefish was
taken.
(f) Snowy grouper or golden tilefish in excess of an applicable
trip limit specified in paragraph (a) or (b) of this section may not be
sold, purchased, traded, or bartered or attempted to be sold,
purchased, traded, or bartered.
12. In Sec. 646.26, a new paragraph (d) is added to read as
follows:
Sec. 646.26 Area limitations.
* * * * *
(d) Habitat area of particular concern (HAPC). (1) The Oculina
Bank, which is a coral HAPC under Sec. 638.23(c) of this chapter, is
bounded on the north by 27 deg.53' N. latitude, on the south by
27 deg.30' N. latitude, on the east by 79 deg.56' W. longitude, and on
the west by 80 deg.00' W. longitude.
(2) No fishing for fish in the snapper-grouper fishery may be
conducted in the Oculina Bank HAPC and such fish may not be retained in
or from the Oculina Bank HAPC. Fish in the snapper-grouper fishery
taken incidentally in the Oculina Bank HAPC by hook-and-line gear must
be released immediately by cutting the line without removing the fish
from the water. It is a rebuttable presumption that fishing aboard a
vessel that is anchored in the HAPC constitutes fishing for fish in the
snapper-grouper fishery.
(3) See Sec. 638.23(c) of this chapter for prohibitions on fishing
with bottom longlines, traps, pots, dredges, and bottom trawls in the
Oculina Bank HAPC.
13. Figure 2 to part 646 is removed and Figure 3 to part 646 is
redesignated as Figure 2 to part 646.
[FR Doc. 94-4528 Filed 2-24-94; 10:50 am]
BILLING CODE 3510-22-P
