65 FR 178 pgs. 55203-55205 - Fisheries of the Caribbean, Gulf of Mexico, and SouthAtlantic; Snapper-Grouper Fishery off the Southern AtlanticStates; Resubmission of Disapproved Measure in Amendment9
Type: RULEVolume: 65Number: 178Pages: 55203 - 55205
Docket number: [Docket No. 00211038-0232-02; I.D. 101499D]
FR document: [FR Doc. 00-23535 Filed 9-12-00; 8:45am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 00211038-0232-02; I.D. 101499D]
RIN 0648-AM93
Fisheries of the Caribbean, Gulf of Mexico, and SouthAtlantic; Snapper-Grouper Fishery off the Southern AtlanticStates; Resubmission of Disapproved Measure in Amendment9
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration (NOAA), Commerce.
ACTION:
Final rule.
SUMMARY:
NMFS issues this final rule to implement a previouslydisapproved measure that was originally contained in Amendment 9to the Fishery Management Plan for the Snapper-Grouper Fishery ofthe South Atlantic Region (FMP). This final rule establishes acommercial trip limit for greater amberjack. The intended effectis to prevent overfishing and conserve and manage greateramberjack.
DATES:
This final rule is effective October 13, 2000.
ADDRESSES:
Comments on ambiguity or unnecessary complexity arising fromthe language used in this rule should be directed to theSoutheast Regional Office, NMFS, 9721 Executive Center Drive N.,St. Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT:
Dr. Peter J. Eldridge, telephone: 727-570-5305; fax:727-570-5583; e-mail: Peter.Eldridge@noaa.gov.
SUPPLEMENTARY INFORMATION:
The snapper-grouper fishery off the southern Atlantic statesis managed under the FMP. The FMP was prepared by the SouthAtlantic Fishery Management Council (Council), approved by NMFS,and is implemented under the authority of the Magnuson-StevensFishery Conservation and Management Act (Magnuson-Stevens Act) byregulations at 50 CFR part 622.
On October 26, 1999, NMFS announced the availability of, andrequested comments on, a resubmission of a measure to establish a1,000-lb (454-kg) trip limit for greater amberjack (64 FR 57623).This measure was previously disapproved when it was submitted aspart of the original submission by the Council of FMP Amendment9. NMFS approved the resubmitted trip limit measure on January26, 2000. On May 18, 2000, NMFS published a proposed rule toimplement the approved measure and requested comments on the rule(65 FR 31507). The background and rationale for the resubmittedmeasure are contained in the preamble to the proposed rule andare not repeated here.
Comments and Responses
NMFS received three comments in response to the notice ofavailability for the resubmitted trip limit measure (64 FR 57623,October 26, 1999). No comments were received on the proposedrule. A summary of the comments received and NMFS' responsesfollow.
Comment 1 : Two commenters supported the1,000-lb (454-kg) commercial trip limit for greater amberjack asbeing necessary for the conservation and management of thespecies.
Response : NMFS agrees.
Comment 2 : One commenter recommended that thetrip limit be specified in number of fish rather than in poundsof fish because it is easier to count than to weigh fish at sea.Also, the commenter stated that greater amberjack were increasingin number and interfered with his fishing for yellowtailsnapper.
Response : Although it is easier to count fishat sea than to weigh them, under the provisions of theMagnuson-Stevens Act, NMFS can only approve or disapprove ameasure as it is proposed by the Council. NMFS approved the triplimit as proposed by the Council, after completing Secretarialreview. This review considered all the available information.The current status of the greater amberjack stock relative to theFMP's current overfishing definition for this species isunknown. Current data show declines in average size and landingsof greater amberjack. Accordingly, in FMP Amendment 9, theCouncil proposed precautionary measures to ensure that greateramberjack did not approach an overfished condition. Manyfishermen north of Florida are reporting reduced abundance ofgreater amberjack. NMFS agrees with the Council that it isnecessary to implement the 1000-lb (454-kg) commercial triplimit, given all of the available information.
Comment 3 : One commenter from north Floridaopposed the commercial trip limit for greater amberjack. Hestated that the commercial annual quota was not reached last yearand that the trip limit would cause him economic hardship becausethe fishing grounds are 50 to 60 miles (80 to 96 km) offshore.He stated that the April spawning closure and the annual quotawere sufficient to protect the greater amberjack resource.
Response: As noted here, the status of the greater amberjackstock relative to the FMP's current overfishing definitionis unknown. However, considerable information as well asaccounts from fishermen, particularly those north of Florida,indicate the resource may be declining. The Council and NMFSbelieve that it is better to take a precautionary managementapproach rather than risk overfishing the resource, given theuncertainty regarding the status of the stock. Thus, the Councilproposed, and NMFS approved, the conservation measures forgreater amberjack, including the commercial trip limit.
NMFS agrees that some fishing revenues could be lost due tothe trip limit. During the 1996-97 fishing year, a total of 553commercial fishing craft landed greater amberjack and took 3,685trips on which landings of greater amberjack were reported. Ofthe 553 fishing craft that could be impacted, 73 reported a totalof 290 trips that resulted in landings over 1,000 lb (454-kg) ofgreater amberjack. This represents 8 percent of all greateramberjack trips. For those 73 entities reporting at least onetrip on which 1,000 lb (454-kg) of greater amberjack werereported, greater amberjack represented about 30 percent of theirannual gross revenue. It is expected that these vessels willlose some revenue if they do not change their fishing behavior.However, it is known from empirical observations in otherfisheries where a trip limit was implemented that fishingbehavior indeed changes. A NMFS economic analysis, based onlandings data for this fishery, indicated that fishermen couldmake additional trips and recover most of the lost revenue. Theanalysis further indicated that the overall outcome of the triplimit would be a loss of about 3 percent of net operating revenueper vessel. The potential loss could be reduced to the extentthat the affected vessels could target other species. The triplimit is not expected to result in any of the affected smallentities being forced to cease operations. In approving andimplementing the trip limit measure, NMFS decided that thelong-term conservation benefits of the commercial trip limitexceeded the small revenue loss associated with the measure giventhe available information.
Change From the Proposed Rule
In § 622.44(c)(5), regarding commercial trip limits forgreater amberjack, the provision that no more than one trip maybe made per day has been removed. That additional restrictionwas not consistent with the Council's intent that thecommercial trip limit restrict the amount of greater amberjackthat may be possessed on board or landed, purchased, or sold froma vessel on any given day. Section 622.44(c)(5), as worded inthis final rule, in combination with the existing regulatorylanguage in § 622.44 introductory text, achieves theCouncil's intent.
Classification
The Administrator, Southeast Region, NMFS, determined thatthis resubmission of the greater amberjack trip limit isnecessary for the conservation and management of greateramberjack and that the trip limit is consistent with theMagnuson-Stevens Act and other applicable law.
This final rule has been determined to be significant forpurposes of Executive Order 12866.
The Council prepared a final supplemental environmental impactstatement for FMP Amendment 9, which assessed the expectedenvironmental impacts of the greater amberjack trip limit. Anotice of its availability was published on October 9, 1998 (63FR 54476).
The Chief Counsel for Regulation of the Department of Commercehas certified to the Chief Counsel for Advocacy of the SmallBusiness Administration that this rule would not have asignificant economic impact on a substantial number of smallentities. No comments were received regarding thiscertification. As a result, a regulatory flexibility analysiswas not prepared.
The President has directed Federal agencies to use plainlanguage in their communications with the public, includingregulations. To comply with this directive, we seek publiccomment on any ambiguity or unnecessary complexity arising fromthe language used in this final rule. Such comments should besent to NMFS Southeast Regional Office (see ADDRESSES ).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeepingrequirements, Virgin Islands.
Dated: September 6, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, NationalMarine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622is amended as follows:
PART 622-FISHERIES OF THE CARIBBEAN, GULF, AND SOUTHATLANTIC
1. The authority citation for part 622 continues to readas follows:
Authority:
16 U.S.C. 1801 et seq.
2. In § 622.44, paragraph (c)(5) is added to readas follows:
§ 622.44 Commercial trip limits.
(c) * * *
(5) Greater amberjack. Until the fishing year quota specifiedin § 622.42(e)(3) is reached, 1,000 lb (454 kg). See §622.43(a)(5)(i) for the limitations regarding greater amberjackafter the fishing year quota is reached.
[FR Doc. 00-23535 Filed 9-12-00; 8:45am]
BILLING CODE 3510-22-S