[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15916-15932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6450]



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Vol. 77

Friday,

No. 52

March 16, 2012

Part III





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Part 622





Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Annual Catch Limit Amendment for the South Atlantic; 
Final Rule

Federal Register / Vol. 77 , No. 52 / Friday, March 16, 2012 / Rules 
and Regulations

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-AY73


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Annual Catch Limit Amendment for the South Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement the Comprehensive 
Annual Catch Limit Amendment (Comprehensive ACL Amendment) to the 
Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP), the Golden Crab Fishery of 
the South Atlantic Region (Golden Crab FMP), the Dolphin and Wahoo 
Fishery off the Atlantic States (Dolphin and Wahoo FMP), and the 
Pelagic Sargassum Habitat of the South Atlantic Region (Sargassum FMP) 
as prepared and submitted by the South Atlantic Fishery Management 
Council (Council). This final rule specifies annual catch limits (ACLs) 
and accountability measures (AMs) for species in the Snapper-Grouper, 
Dolphin and Wahoo, and Golden Crab FMPs. This final rule also describes 
the current terminology and measures in place in the Sargassum FMP that 
are equivalent to ACLs and AMs. For Sargassum, this final rule does not 
specifically set an ACL because there is currently a commercial quota 
in place which functions as an ACL, and there are commercial closure 
provisions in the event the quota is met or projected to be met which 
functions as an AM. To implement the Snapper-Grouper FMP, this final 
rule revises the snapper-grouper fishery management unit (FMU), 
including the removal of some species, designation of ecosystem 
component (EC) species, and the development of species groups. This 
final rule also establishes a daily vessel limit for the recreational 
possession of wreckfish and creates a closed season for the wreckfish 
recreational sector. To implement the Dolphin and Wahoo FMP, this final 
rule prohibits recreational bag limit sales of dolphin from for-hire 
vessels, and sets a minimum size limit for dolphin off South Carolina 
that complements the existing minimum size limit off Georgia and 
Florida. The intent of this final rule is to specify ACLs for species 
not undergoing overfishing while maintaining catch levels consistent 
with achieving optimum yield (OY) for the resource.

DATES: This rule is effective April 16, 2012.

ADDRESSES: Electronic copies of the Comprehensive ACL Amendment, which 
includes a final environmental impact statement (FEIS), a regulatory 
flexibility analysis, and a regulatory impact review, may be obtained 
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, Southeast Regional 
Office, NMFS, telephone: 727-824-5305; email: <a href="/cdn-cgi/l/email-protection#2846414340414406454d405c496846474949064f475e"><span class="__cf_email__" data-cfemail="503e393b38393c7e3d35382431103e3f31317e373f26">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The fisheries for snapper-grouper, golden 
crab, dolphin and wahoo, and pelagic Sargassum habitat of the South 
Atlantic are managed under their respective FMPs. The FMPs were 
prepared by the Council and are implemented through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On October, 20, 2011, NMFS published a notice of availability for 
the Comprehensive ACL Amendment and requested public comment (76 FR 
65153). On December 1, 2011, NMFS published a proposed rule for the 
Comprehensive ACL Amendment and requested public comment (76 FR 74757). 
Additionally, on December 30, 2011, NMFS published an amended proposed 
rule for the Comprehensive ACL Amendment specific to a revised 
allowable biological catch (ABC) and a corresponding reduction to the 
commercial and recreational sector ACLs for wreckfish and requested 
public comment (76 FR 82264). On January 18, 2012, the Secretary of 
Commerce approved the Comprehensive ACL Amendment.
    In the proposed rule that published on December 1, 2011 (76 FR 
74757), the revised commercial quota for greater amberjack that was 
referenced in Sec.  622.49(b)(11)(i)(A) was inadvertently not revised 
in the commercial quota section in Sec.  622.42(e)(3). Subsequent 
proposed and final rulemaking, that is currently being developed as 
described in the Comprehensive ACL Amendment, will incorporate the 
revised commercial quota for greater amberjack of 769,388 lb (348,989 
kg), gutted weight.
    The proposed rules and the Comprehensive ACL Amendment outline the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by this final rule are provided below.

Snapper-Grouper FMP

    This final rule identifies snapper-grouper species that do not need 
Federal management and can therefore be removed from the Snapper-
Grouper FMP; designates selected snapper-grouper species as EC species; 
establishes species groups for selected snapper-grouper species for 
more effective management; establishes ACLs and AMs for the commercial 
and recreational sectors; establishes a daily vessel limit for the 
recreational possession of wreckfish and creates a closed season for 
the wreckfish recreational sector.

Designation of Species To Be Removed From the FMP

    There are currently 73 species in the Snapper-Grouper FMP and the 
Council decided to remove 13 of these species based on Magnuson-Stevens 
Act National Standard 7 (NS 7) guidelines (50 CFR 600.340(b)(2)). This 
rule removes black margate, bluestriped grunt, crevalle jack, French 
grunt, grass porgy, porkfish, puddingwife, queen triggerfish, 
sheepshead, smallmouth grunt, Spanish grunt, tiger grouper, and yellow 
jack from the Snapper-Grouper FMP.

Designation of Ecosystem Component Species in the FMP

    This rule designates six species as EC species based on an 
evaluation of the Magnuson-Stevens Act National Standard 1 (NS 1) 
Guidelines criteria to be considered when designating an EC species (50 
CFR 600.310(d)(5)). This final rule designates bank sea bass, 
cottonwick, longspine porgy, ocean triggerfish, rock sea bass, and 
schoolmaster as EC species within the Snapper-Grouper FMP. The 
designation of these species as EC species retains them in the Snapper-
Grouper FMP, but they are not required to have an ACL or AM (50 CFR 
600.310 (c) and (d)). These EC species are also not subject to any 
other management actions within the Comprehensive ACL Amendment and are 
not subject to other Federal management measures such as recreational 
bag limits and size limits. Where those types of management measures 
are already in place, this final rule removes those applicable Federal 
regulations. Of the species to be

[[Page 15917]]

designated as EC species, all are currently included in the aggregate 
snapper-grouper recreational bag limit and the schoolmaster has current 
size limit regulations.

Species Groupings

    This final rule establishes species group or complex ACLs for 
selected snapper-grouper species within the Comprehensive ACL Amendment 
based on NS 1 Guidelines and as described in the Comprehensive ACL 
Amendment. This final rule revises the current snapper-grouper species 
grouping, and places selected snapper-grouper species into the 
complexes for: Deep-water species (yellowedge grouper, blueline 
tilefish, silk snapper, misty grouper, sand tilefish, queen snapper, 
black snapper, and blackfin snapper); shallow-water groupers (red hind, 
rock hind, yellowmouth grouper, yellowfin grouper, coney, and graysby); 
snappers (gray snapper, lane snapper, cubera snapper, dog snapper, and 
mahogany snapper), jacks (almaco jack, banded rudderfish, and lesser 
amberjack), grunts (white grunt, sailors choice, tomtate, and margate), 
and porgies (jolthead porgy, knobbed porgy, saucereye porgy, scup, and 
whitebone porgy). An ACL and AM is specified for each complex. Heavily 
targeted stocks, stocks with assessments, stocks with fishery closures 
where the ACL equals zero, or stocks that did not fall into any complex 
grouping will be managed under individual ACLs. Species not included in 
species groups but for which individual ACLs will be established are 
black grouper, wreckfish, Atlantic spadefish, greater amberjack, scamp, 
red porgy (recreational sector only), hogfish, yellowtail snapper, blue 
runner, bar jack, gray triggerfish, and mutton snapper.

ACLs

    This final rule assigns initial ACLs for each of the species or 
species groups or complexes retained for Federal management in the 
Comprehensive ACL Amendment, excluding EC species. For selected 
snapper-grouper species or species groups that will have an ACL 
established through this final rule, the ACL is equal to both the OY 
and the allowable biological catch (ABC).
    This final rule specifies an ACL for species in both the commercial 
and recreational sectors, except for red porgy. For red porgy, this 
final rule establishes an ACL for red porgy for the recreational sector 
only because a commercial quota is already in place for red porgy and 
functions as the equivalent of a commercial ACL.
    For wreckfish specifically, a commercial quota is in place and is 
reduced through this final rule. The wreckfish commercial ACL 
established through this final rule will be equal to the revised 
commercial quota of 223,250 lb (101,264 kg), round weight. This final 
rule also establishes an ACL for the wreckfish recreational sector of 
11,750 lb (5,330 kg), round weight. The wreckfish ACLs initially 
proposed in the rule that published on December 1, 2011 (76 FR 74757) 
were later proposed to be revised based on the November 2011 
recommendation of the Council's Scientific and Statistical Committee 
(SSC) and the Council's concurrence of that recommended action. The 
revised sector ACLs for wreckfish were announced through an amended 
proposed rule published in the Federal Register on December 30, 2011 
(76 FR 82264).

AMs

    This final rule implements AMs for the commercial sector, excluding 
wreckfish. If the commercial ACL for a species or species group is 
exceeded during a fishing year, then the sector would be closed for the 
remainder of that fishing year for that specific species or species 
group. If the ACL for a species group is exceeded, all species 
contained within that group would be subject to their respective group 
AM. If a species, or at least a single member of a species group is 
designated as overfished, and the commercial ACL is exceeded, then 
during the following fishing year, the commercial sector ACL would be 
reduced by the amount of the commercial ACL overage in the prior 
fishing year. For red porgy, the commercial quota closure provisions 
function as the equivalent to an AM in the event that the red porgy 
commercial quota is exceeded in a fishing year.
    The wreckfish commercial sector is managed under the individual 
transferrable quota (ITQ) program and this final rule will make the ITQ 
program itself the AM for the commercial sector because commercial 
landings are closely monitored and ITQ participants are limited to 
their specific ITQ allocation each fishing year.
    For the recreational sector AMs, if the recreational ACL is 
exceeded for a species or species group in a fishing year, then during 
the next fishing year the NMFS Regional Administrator (RA) will monitor 
the recreational landings for a persistence in increased landings, and 
using the best scientific information available, will reduce the length 
of the recreational fishing season as necessary to ensure the 
recreational landings do not exceed the recreational ACL.

Wreckfish Management Measures

    This final rule implements a one wreckfish per vessel daily 
recreational possession limit and a recreational wreckfish closed 
season of January 1 through June 30, and September 1 through December 
31, each year.

Dolphin and Wahoo FMP

    This final rule specifies ACLs and AMs for dolphin and wahoo. This 
final rule also prohibits recreational bag limit sales of dolphin 
harvested from for-hire vessels, and sets a minimum size limit for 
dolphin off South Carolina equal to the established minimum size limit 
off Georgia and Florida.

ACLs

    This final rule establishes ACLs for dolphin and wahoo. For the 
ACLs established through this final rule, the ACL is equal to both the 
OY and the ABC. ACLs are specified for species in both the commercial 
and recreational sectors.

AMs

    For the commercial sector, if the commercial ACL is exceeded during 
a fishing year, then the commercial sector would be closed for the 
remainder of that fishing year for that species. If a species is 
designated as overfished, and the commercial ACL is exceeded, then 
during the following fishing year, the commercial sector ACL would be 
reduced by the amount of the commercial ACL overage from the prior 
fishing year.
    For the recreational sector, if the recreational ACL is exceeded 
for a species in a fishing year, then during the next fishing year the 
RA will monitor the recreational landings for a persistence in 
increased landings, and using the best scientific information 
available, reduce the length of the recreational fishing season as 
necessary to ensure the recreational landings do not exceed the 
recreational ACL.

Dolphin Bag Limit Sales

    This final rule prohibits recreational bag limit sales of dolphin 
harvested by persons while onboard for-hire vessels. This prohibition 
ensures that the Federal regulations are fair and equitable by making 
sure that fish harvested by the recreational sector are not counted 
toward commercial quotas through submitted dealer reports and that 
total landings data are accurate. Accordingly, this final rule 
prohibits the sale of dolphin harvested or possessed under the bag 
limit by a vessel for which a Federal charter vessel/headboat permit 
for Atlantic dolphin and wahoo

[[Page 15918]]

has been issued in the Atlantic exclusive economic zone (EEZ).

Dolphin Minimum Size Limit

    This final rule establishes a minimum size limit for dolphin of 20 
inches (50.8 cm) fork length to include the Federal waters off South 
Carolina. Currently, the dolphin minimum size limit is 20 inches (50.8 
cm) fork length, for the Federal waters off Florida and Georgia. This 
final rule extends the applicability of that size limit from Florida 
through South Carolina to ensure consistency in the regulations as well 
as help prevent the large scale harvest of very small dolphin.

Golden Crab FMP

    This final rule specifies an ACL and an AM for golden crab.

ACLs

    This rule assigns an initial ACL for golden crab. The ACL is only 
specified for the commercial sector of the golden crab fishery as no 
recreational sector within the golden crab fishery exists and there are 
no identified golden crab recreational fishers. Therefore, a 
recreational ACL will not be established through this final rule.

AMs

    If the golden crab commercial sector exceeds the ACL during a 
fishing year, then the sector would be closed for the remainder of that 
fishing year. If, at a later date golden crab were to be designated as 
overfished, and the commercial ACL was exceeded, then during the 
following fishing year, the sector ACL would be reduced by the amount 
of the commercial ACL overage from the prior fishing year.

Measures Contained in This Final Rule That Are Not in the Comprehensive 
ACL Amendment

    This final rule revises the boundary coordinates for the harvest 
prohibition for pelagic Sargassum in the South Atlantic EEZ. The 
current northern boundary for this harvest prohibition defined at 50 
CFR 622.35(g)(1)(i) is approximately 2 nautical miles (3.7 km) north of 
the intercouncil boundary between the Mid-Atlantic Fishery Management 
Council and the South Atlantic Council as defined at 50 CFR 600.105. 
The Sargassum FMP specifies that the northern boundary for management 
of Sargassum in the South Atlantic EEZ is the Virginia/North Carolina 
boundary, which is the boundary between the Mid-Atlantic and South 
Atlantic Councils. Therefore, this final rule specifies the latitude 
for the northern boundary of the management area for Sargassum, which 
is the boundary between the Mid-Atlantic and South Atlantic Councils.

Comments and Responses

    A total of 91 comments were received on the Comprehensive ACL 
Amendment, the proposed rule, and the amended proposed rule. Comments 
were received from individuals, environmental organizations, 
recreational fishing associations, and a Federal agency. Additionally, 
a minority report was submitted by five members of the Council. One 
Federal agency submitted comments on the Comprehensive ACL Amendment. 
Of the 91 comments received, 12 contained remarks on the potential 
economic impacts of the Comprehensive ACL Amendment, specifically 
related to the actions implementing management measures for dolphin. 
Comments related to the actions contained in the Comprehensive ACL 
Amendment, the two proposed rules, and NMFS's respective responses are 
summarized and responded to below.
    Comment 1: Several commenters supported the removal of 13 species 
from the snapper-grouper FMU. One commenter recommended this action be 
disapproved, and states that with the exception of the 3 species 
covered under the Florida Marine Life Species Rule (porkfish, 
puddingwife, and queen triggerfish), 10 of the 13 species (black 
margate, bluestriped grunt, crevalle jack, French grunt, grass porgy, 
sheepshead, smallmouth grunt, Spanish grunt, tiger grouper, and yellow 
jack), are either considered ``likely to become subject to overfishing 
or overfished'', have average landings in excess of 35,000 lb (15,876 
kg) per year, or remain unregulated in Florida, Georgia, and South 
Carolina.
    Response: The Magnuson-Stevens Act National Standard 7 (NS 7) 
Guidelines state that the principle implicit in NS 7 is that not every 
fishery needs regulation. The Magnuson-Stevens Act requires fishery 
management councils to prepare FMPs only for overfished fisheries and 
for other fisheries where regulation would serve some useful purpose; 
and where the present or future benefits of regulation would justify 
the costs. Decisions about the composition of FMUs are an integral part 
of the plan development process, as FMUs define the specific species 
that are to be the target of Federal conservation and management. 
Magnuson-Stevens Act guidelines specify that FMUs may be organized 
around biological, geographic, economic, technical, social, or 
ecological goals (50 CFR 600.320(d)(1)). Of the 13 species proposed for 
removal from the FMU, 10 species (black margate, bluestriped grunt, 
crevalle jack, French grunt, grass porgy, porkfish, puddingwife, 
sheepshead, Spanish grunt, and yellow jack) have over 95 percent of 
their landings reported in state waters. Therefore, these species could 
be, or are already adequately managed by the states. Three of these 
species (porkfish, puddingwife, and queen triggerfish) are managed by 
Florida in their state waters under the Florida Marine Life Species 
Rule, which contains more stringent protections for the species than 
current Federal regulations. In addition, two species (tiger grouper 
and smallmouth grunt) identified for removal through this final rule 
had no reported commercial or recreational landings in Federal waters 
from 2005 to 2009. Therefore, any conservation and management measures 
applied to Federal waters are not expected to have a noticeable effect 
on the population of the 13 species identified for removal from the 
FMU. Furthermore, effects on bycatch would be minimal, and the socio-
economic benefits associated with retaining management of the 13 
snapper-grouper species would be relatively small.
    Removal of these 13 species should not affect state regulations for 
these species, with the exception of South Carolina. In South Carolina, 
for all species in the snapper-grouper FMU, regulations in state waters 
(http://www.dnr.sc.gov/regulations.html) are currently structured to be 
compatible with the regulations in Federal waters. Therefore, any 
species that is no longer subject to Federal regulations would not be 
subject to state regulations in South Carolina waters, unless the state 
acted to establish such regulations. However, only two of the species 
identified for removal (sheepshead and crevalle jack) are harvested 
from South Carolina state waters. Additionally, while state 
compatibility with Federal regulations is often desirable from a 
management standpoint, managing state fisheries is not and was never an 
intended goal of the Snapper-Grouper FMP. The intent of the FMP is to 
manage snapper-grouper species within its ``area of authority,'' which 
includes Federal waters from the North Carolina/Virginia border through 
the Atlantic side of the Florida Keys.
    The Council intends to evaluate landings in state and Federal 
waters and other available information on species removed from the 
snapper-grouper FMU every 5 years, or sooner if necessary. Monitoring 
and data collection will continue for all species that are sold to 
dealers or caught recreationally, even if not in the FMU. If the 
Council determines that a removed species is in

[[Page 15919]]

need of Federal management, the species could be added back into the 
Snapper-Grouper FMP in the future.
    Comment 2: NMFS and the Council should include criteria in addition 
to landings information such as species vulnerability, species 
misidentification issues, and species distribution to determine which 
species should be included or removed from the snapper-grouper FMU. 
NMFS and the Council should monitor and compare landings proportions of 
removed species in state and Federal waters.
    Response: The Council and NMFS used the Magnuson-Stevens Act 
National Standards guidelines to inform this decision. National 
Standard 3 discusses the composition of an FMU and states that it may 
be organized around biological, geographic, economic, technical, 
social, or ecological goals (50 CFR 600.320(d)(1)). Moreover, NS 7 
guidelines discuss seven factors to be used for determining whether to 
include species in an FMU for purposes of Federal conservation and 
management (50 CFR 600.340(b)(2). These factors include the importance 
of the fishery to the Nation and the regional economy, the condition of 
the stock, whether an FMP can improve or maintain that condition, the 
extent to which the fishery could be or already is adequately managed 
by states, the need to resolve competing interests and whether an FMP 
can further that resolution, the economic conditions of the fishery and 
whether an FMP can produce a more efficient utilization, the needs of a 
developing fishery and whether an FMP can foster the orderly growth, 
and the costs associated with the FMP balanced against benefits.
    Using all of this information, the Council evaluated and analyzed 
whether all 73 species originally included in the snapper-grouper FMU 
were in need of Federal conservation and management. The Council 
concluded, and NMFS agrees, that Federal conservation and management is 
not needed for 13 species, and removed them from the FMP. Monitoring 
and data collection will continue for all species that are sold to 
dealers or caught recreationally, regardless of whether or not they are 
in the snapper-grouper FMU. If the Council determines that a removed 
species is in need of Federal management, the species could be added 
back into the snapper-grouper FMU in the future.
    Comment 3: Several commenters supported the designation of six 
species in the snapper-grouper FMU (cottonwick, longspine porgy, bank 
sea bass, rock sea bass, ocean triggerfish, and schoolmaster), as EC 
species. One commenter recommended that the EC designation of bank sea 
bass be disapproved, due to the findings of a recent study for this 
species. Additionally, close monitoring of the other five designated EC 
species was recommended.
    Response: The Council determined, and NMFS agrees that six species 
(cottonwick, longspine porgy, bank sea bass, rock sea bass, ocean 
triggerfish, and schoolmaster) currently contained in the snapper-
grouper FMU most closely meet the criteria in the NS 1 Guidelines 
pertaining to EC species designation. An ``exploratory assessment'' 
conducted by some college students indicated the bank sea bass stock 
was overfished and undergoing overfishing, however, this ``exploratory 
assessment'' has not been peer-reviewed and the document states that 
all work in the report is considered to be preliminary (NOAA Technical 
Memorandum NMFS-SEFSC-167). As in the action to remove species from the 
Snapper-Grouper FMP, ongoing monitoring and data collection will 
continue for all species that are sold to dealers or caught 
recreationally, including those considered to be EC species. The EC 
status of a species may be reconsidered if new information becomes 
available and the Council determines a species is in need of Federal 
management and conservation.
    Comment 4: Several commenters opposed the establishment of species 
groups, stating that fishing opportunities for many species could be 
lost due to one species of a group meeting the ACL. The treatment of 
all geographic areas as equal while establishing species groups is 
unfair, and dismisses scientific data that should be applied to the 
range of the species. The Marine Resources Monitoring Assessment and 
Prediction Program (MARMAP) data used in establishing species groups 
are based on small sample size and do not sample all areas such as 
South Florida and the Florida Keys. Furthermore, converting landings 
data from the Marine Recreational Fishing Statistical Survey (MRFSS) to 
the Marine Recreational Information Program (MRIP) will cause problems 
with accuracy.
    Response: Species groups were not specified for all species in the 
snapper-grouper FMU. The approach for the establishment of species 
groups applied scientific data to the geographic range of species and 
included life history information, fishery-dependent data, and fishery-
independent data. Data used in the establishment of species groups were 
not limited to those from MARMAP and MRFSS. Additionally, the analysis 
considered species distribution and therefore did not treat all 
geographic areas as equal. Identified associations between stocks, as 
described in Appendix O of the Comprehensive ACL Amendment, were used 
to develop 6 species groups for unassessed stocks and 12 individual 
ACLs for assessed and targeted species. The Council's preferred 
alternative to establish species groups within the snapper-grouper FMU 
is consistent with the guidelines at 50 CFR 600.320(d)(1) for 
establishing stock complexes.
    The Council intends to evaluate landings and other available 
information on all species through stock assessment and fishery 
evaluation reports. Ongoing monitoring and data collection will 
continue for all species that are sold to dealers or caught 
recreationally, even if not included in complexes. If the Council 
determines that landings of any species within a species group have 
changed significantly, more appropriate species groupings may be 
established that reflect any changes in landings and the 
appropriateness of the organization of any specific species groups.
    Comment 5: One commenter recommends partially disapproving the 
Comprehensive ACL Amendment since it fails to provide clear status 
determination criteria for overfishing as required by the Magnuson-
Stevens Act. The commenter advises that the maximum fishing mortality 
threshold (MFMT) or overfishing limit (OFL) for 12 assessed snapper-
grouper species be included in the amendment. Another commenter 
recommends that NMFS and the Council undertake a comprehensive review 
of OY and use the results from the analysis to modify the current OY 
definition of the Council.
    Response: Status determination criteria, including MFMT, have been 
specified in previous amendments for species addressed by the 
Comprehensive ACL Amendment. When available, OFL has been specified in 
Southeast Data Assessment and Review assessments, and is then 
incorporated into the FMP via amendments. One purpose of the 
Comprehensive ACL Amendment is to identify an ABC control rule that can 
be utilized by the Council's SSC to determine and recommend an ABC to 
the Council. Another purpose is to specify ACLs and AMs to ensure 
overfishing does not occur for species not currently undergoing 
overfishing.
    The NS 1 Guidelines describe the relationship between catch levels 
(ACLs and annual catch targets (ACTs)) and OY. These guidelines were 
used to

[[Page 15920]]

modify the Council's current OY definition for species addressed in 
this final rule where OY was set equal to ACL. The NS 1 Guidelines 
state that if OY is set close to the maximum sustainable yield (MSY), 
the conservation and management measures in the fishery must have very 
good control of the amount of catch in order to achieve the OY without 
overfishing. Many species in the Comprehensive ACL Amendment are data 
poor, and the value for MSY is currently unknown. By setting the OY 
equal to the ACL, which is the catch level that ensures overfishing 
does not occur, there will be a greater likelihood that OY can be 
achieved without overfishing occurring.
    Comment 6: Several commenters opposed the Council's ABC control 
rule and recommended an ABC control rule where the ABC equals the ACL. 
Two commenters supported the ABC control rule, but recommended future 
incorporation of the recommendations developed by the Council's SSC's 
``only reliable catch series'' (ORCS) working group. One commenter 
recommended that the ABC control rule be disapproved and revised to 
define clear criteria for evaluating stock status as part of the 
Council decisionmaking process.
    Response: The NS 1 Guidelines state that each fishery management 
council must establish an ABC control rule based on scientific advice 
from its SSC. The ABC control rule in the Comprehensive ACL Amendment 
was developed by the Council and its SSC and provides recommendations 
for the specification of ABCs based on a systematic inspection of 
sources of uncertainty, including variables such as susceptibility, 
vulnerability, bycatch, and discard information. The ABC control rule 
contains four levels, with a species assigned to a specific level 
depending on the amount of information available about the species. 
Stock status is one of the criteria used in determine the magnitude of 
the ABC under Level 1 of the ABC control rule. The ABC control rule for 
Level 1 assessed species has four dimensions included in the control 
rule framework: Assessment information; characterization of 
uncertainty; stock status; and productivity/susceptibility of the 
stock. Each dimension contains tiers that can be evaluated for each 
stock to determine a numerical score for scientific uncertainty. The 
uncertainty buffer, or difference between OFL and ABC, is expressed in 
terms of a reduction in the probability of overfishing. A greater 
buffer between the OFL and ABC is established for species that are 
overfished and/or undergoing overfishing.
    The ABC can be determined using the ABC control rule for assessed 
and unassessed (data poor) species. The ABC control does not specify 
the ACL; the ACL is established by the Council based on the information 
as described in this final rule and in the Comprehensive ACL Amendment. 
The Council and the SSC will periodically evaluate the performance of 
the ABC control rule, and determine if it needs to be modified. In 
addition, the SSC intends to re-evaluate the unassessed species' 
portion of the ABC control rule in April of 2012 (including the 
incorporation of the findings of the SSC's ORCS working group), to 
assess whether modifications are necessary.
    Comment 7: Two commenters recommended that the Comprehensive ACL 
Amendment should include an update on the implementation of the 
Council's standardized bycatch reporting methodology (SBRM), the 
Atlantic Coastal Cooperative Statistics Program (ACCSP), and describe 
why it is not suitable for monitoring current bycatch and dead discards 
in the fishery in the current state of implementation. The commenters 
also recommended that NMFS assess monitoring needs in order to move 
toward total catch accounting.
    Response: Numerous studies are conducted to assess bycatch, 
including survivorship of discards. Some studies are continuous, but 
many studies are intermittent and subject to funding. In the snapper-
grouper commercial sector, approximately 20 percent of permitted 
vessels are randomly selected each year to fill out supplementary 
logbooks to provide discard information. For the recreational sector, 
estimates of discards are available each year from the MRFSS and from 
headboat logbook data. Recent studies conducted with funding from the 
Cooperative Research Program, Sea Grant, the Marine Fisheries 
Initiative, and other sources have provided estimates of bycatch and 
release mortality for many species. The ACCSP methodology has been 
approved by the NMFS and the Council. However, it is unknown when 
funding will be available to implement the bycatch module of the ACCSP. 
In the interim, estimates of discards will continue to be available 
from MRFSS and MRIP and supplementary commercial and headboat logbooks. 
Furthermore, the Council recently approved an action in Amendment 18A 
to the Snapper-Grouper FMP (the notice of availability of Amendment 18A 
was published on January 31, 2012 (77 FR 4754)) which includes an 
action to enhance data reporting in the for-hire sector. The Council is 
also developing a generic amendment to improve data reporting by 
dealers and by the commercial sector of the snapper-grouper fishery and 
several other fisheries.
    Comment 8: Several commenters opposed allocations between the 
commercial and recreational sectors due to their lack of confidence in 
the MRFSS data, and recommended waiting until the transition to MRIP 
has fully occurred. The Council's minority report also opposed the 
method used to establish allocations between sectors as well as the 
method used for calculating sector allocations. One commenter supported 
the Council's preferred approach to establish sector allocations in the 
Snapper-Grouper FMP.
    Response: MRIP modifies the catch estimation method for 
recreational harvest for the period of 2004-2010 to address 
improvements for estimation algorithms. MRIP also addresses concerns 
raised in the 2006 National Resource Council review of MRFSS that 
estimation methods may not be consistent with the sampling 
probabilities of individually sampled access sites and could result in 
biased estimates. Revised estimates have been developed and are 
undergoing review, and will be applied to existing data going back to 
2004. Correction of estimates prior to 2004 will also be considered in 
the future. As of September 2011, when the Council approved the 
Comprehensive ACL Amendment, the new MRIP estimates had not yet been 
released. NMFS notes that MRIP data became available in January of 
2012. While the Council is fully aware of these ongoing issues, the 
Council and NMFS must still work to meet Magnuson-Stevens Act deadlines 
to establish the required ACLs and management measures to ensure 
overfishing does not occur. If needed, the Council may take action 
through a future amendment to revise the appropriate values.
    The Council's preferred approach for sector allocations divides 
allocations between the recreational and commercial sectors based on 
landings information from 1986-2008 and 2006-2008, and therefore, 
considers past and present participation. The Council decided to 
establish allocations based on balancing long-term catch history with 
more recent catch history, and believes that approach to be a fair and 
equitable method to allocate fishery resources. Furthermore, the 
Council determined an additional benefit of this alternative was its 
inclusion of a mathematically transparent formula to specify 
allocations. If indicated by MRIP data, the Council may take action in 
a

[[Page 15921]]

future amendment to revise sector allocations if the MRIP data 
indicates that an allocation adjustment is warranted.
    Comment 9: Several commenters supported setting the ACLs in the 
Comprehensive ACL Amendment equal to the ABC as determined by the 
Council. Two commenters advised against this approach because it did 
not account for management uncertainty, and recommended setting a 
buffer between the ABC and ACL. One of the two commenters cited a 
failure on part of NMFS to ensure accountability for bycatch in the 
ACL-setting mechanism.
    Response: The NS 1 Guidelines indicate that the choice of an ACL is 
directly related to the choice of an ABC, and an ACL may not exceed the 
ABC. The Council's preferred alternative for an ABC control rule takes 
uncertainty into consideration in the specification of an ABC 
regardless of the level for data availability. For assessed species 
where OFL is known (Level 1), the ABC control rule establishes a buffer 
between the OFL and the ABC. For extremely data poor species for which 
a precise OFL cannot be determined, the Council adopted a tiered 
approach for estimating the probability of exceeding an overfishing 
limit, and considered various factors in making appropriate decisions 
about constraining harvest levels to ensure the ABC is set at a level 
where overfishing would not occur. These factors include, but are not 
limited to, the available landings data, trends, whether a species is 
an ecosystem species, and whether a species is targeted or is primarily 
bycatch for other species. In reviewing this information, the Council 
decided it was unnecessary to establish an additional buffer between 
the ABC and ACL. For the commercial sectors of the fisheries contained 
in this amendment, the Council concluded that quota monitoring, in 
addition to the in-season and post-season AMs specified for the 
commercial sector in the Comprehensive ACL Amendment, are sufficient to 
account for management uncertainty. The in-season AMs would close the 
commercial sector when the commercial ACL is reached or projected to be 
reached and limit all harvest to the recreational bag limit once the 
closure is implemented. For overfished species only, the post-season 
AMs would correct for any ACL overages by implementing a payback 
provision in the following year based on the overage and the best 
scientific information available. To account for the possibility of 
additional uncertainty within the recreational sector, and consistent 
with the National Standard 1 Guidelines, the Council is establishing 
ACTs for stocks within the Snapper-Grouper and Dolphin and Wahoo FMPs 
that would serve as a target and as a performance measure for 
management to avoid the ACL from being exceeded. Additionally, the 
recreational sector AMs provide for shortening the length of the 
recreational fishing season by the amount necessary to ensure the 
recreational ACL is not exceeded. Consistent with the National Standard 
1 Guidelines, if NMFS and the Council conclude that an ACL or ACT is 
being chronically exceeded, and post-season AMs are repeatedly 
implemented to correct for ACL overages, the Council could revise the 
ACTs, ACLs, and associated AMs (50 CFR 600.310(g)(3)).
    Comment 10: Several commenters supported the Council's decision to 
not set an ACT for the commercial sector for species included in the 
Comprehensive ACL Amendment. Two commenters opposed this approach and 
recommend that an ACT be established for the commercial sector with a 
buffer between the ACL and the ACT.
    Response: The NS 1 Guidelines state that setting of ACTs is left to 
the discretion of each fishery management council and should be based 
on the level of management uncertainty in each fishery. For the 
commercial sectors of the fisheries contained in this amendment, the 
Council concluded that quota monitoring, in addition to the in-season 
and post-season AMs specified for the commercial sector in the 
Comprehensive ACL Amendment, are sufficient to account for management 
uncertainty. The in-season AMs would close the commercial sector when 
the commercial ACL is reached or projected to be reached and limit all 
harvest to the recreational bag limit once the closure is implemented. 
For overfished species only, the post-season AMs would correct for any 
ACL overages by implementing a payback provision in the following year 
based on the overage and the best scientific information available. 
Therefore, the Council determined, and NMFS agreed, that a commercial 
ACT is not necessary at this time.
    Comment 11: Several commenters were opposed to the Council's 
preferred approaches to setting ACTs and AMs for the recreational 
sector for species included in the Comprehensive ACL Amendment. They 
preferred not to have any ACTs/AMs, and supported the use of average 
landings calculated over a 3-year period to specify post-season AMs for 
the recreational sector.
    Two commenters supported the approach for setting ACTs and AMs for 
the recreational sector outlined in the Comprehensive ACL Amendment, 
but supported the subalternative that specifies a post-season AM of 
adjusting the recreational fishing season to account for ACL overages.
    Response: The Council determined that the level of management 
uncertainty for the recreational sector is currently high enough to 
warrant the specification of recreational ACTs. The Comprehensive ACL 
Amendment specified a recreational sector ACT, which is set lower than 
the recreational sector ACL by 50 percent or the ACL multiplied by one 
minus the percent standard error, whichever is greater. This approach 
also establishes an ACT for the recreational sector that serves as a 
performance measure. The NS 1 Guidelines recommend a performance 
standard by which the efficiency of any system of ACLs and AMs can be 
measured and evaluated. If tracking the ACT through time reveals a 
trend in ACT and ACL overages, the entire system of ACTs and ACLs would 
be reevaluated and some corrective action could be linked to the ACT in 
the future to prevent the ACL from being exceeded. The Council 
concluded that the preferred alternative best met the need to account 
for management uncertainty in the recreational sector for species that 
currently lack AMs.
    The Council selected recreational sector AMs that would be 
triggered if the annual landings exceed the recreational sector ACL in 
a given year. In-season AMs were not chosen for the recreational sector 
because in-season monitoring of recreational landings is difficult, and 
there is a significant delay in the availability of recreational data. 
There would likely be considerable uncertainty in imposing in-season 
AMs for species in the recreational sector, particularly for species 
that are infrequently taken. Therefore, post-season AMs were determined 
to be more appropriate for the recreational sector. Implementation of 
post-season AMs for the recreational sector ensures that the amount of 
the previous year's ACL overage is accounted for in the subsequent 
year's adjustment via a shortened fishing season. Furthermore, 
monitoring of landings data also allows for any anomalies or data 
reporting irregularities to be taken into account before the AMs would 
be effective.
    Comment 12: Two commenters, and the Council's minority report, 
opposed the reduction of the ACL for wreckfish. The commenters stated 
that the best available science was not used to make the determination, 
would cause adverse impacts to the vested participants, and its failure 
could threaten NMFS' catch share initiative in the Southeast Region.

[[Page 15922]]

    Response: The specification of the ABC for wreckfish was discussed 
extensively by the Council's SSC. In April 2010, the SSC determined the 
wreckfish ABC was unknown because effort and landings were reduced to 
the extent that landings information was confidential. The SSC 
indicated the Council should consider an ACL that did not exceed 
200,000 lb (90,718 kg), round weight. Additionally, the SSC discussed 
setting an ABC for wreckfish during their August 2010 meeting. The SSC 
stated that a 2001 assessment indicated wreckfish stock depletion 
occurred at higher historical levels of effort and that the catch 
reductions may have occurred mainly from gear restrictions, a spawning 
season closure, and the wreckfish ITQ implementation. The SSC stated 
that a depletion-based stock reduction analysis (Level 2 of the ABC 
control rule) or depletion-corrected average catch (DCAC) (Level 3 of 
the ABC control rule) estimate could be calculated, but recent 
wreckfish landings are confidential; therefore, the SSC was not able to 
perform the calculations to produce these estimates. The SSC agreed the 
2001 assessment was dated and no longer applied to current wreckfish 
landings and conditions. The SSC additionally concluded that the ABC 
control rule based on catch-only data (Level 4 of the ABC control rule) 
should be used even though a dated stock assessment exists for 
wreckfish. Therefore, in September of 2010, the SSC recommended setting 
the ABC at the average historical catch (1997-recent) of 250,000 lb 
(113,398 kg), round weight. As a result of the confidentially of 
wreckfish commercial data, a more precise level could not be 
determined.
    A DCAC analysis for wreckfish was subsequently completed and 
presented to the SSC at its November 2011 meeting. The SSC reviewed and 
adopted the DCAC methodology to develop a new ABC recommendation of 
235,000 lb (106,594 kg), round weight for wreckfish, in accordance with 
the ABC control rule contained in the Comprehensive ACL Amendment. 
There is greater confidence in the ABC estimate of 235,000 lb (106,594 
kg) based on the Level 3 DCAC analysis than in the previous 250,000 lb 
(113,398 kg) estimate derived from Level 4 of the ABC control rule. The 
Council reviewed the recommended revised ABC value in December 2011 and 
decided to further adjust the wreckfish ACL to reflect the revised ABC 
value. The ACL for wreckfish contained in the initial proposed rule for 
the Comprehensive ACL Amendment (76 FR 74757, December 1, 2011) was 
250,000 lb (113,398 kg), round weight. Because that ACL then exceeded 
the catch level recommendation of the Council's SSC, an amended 
proposed rule was published on December 30, 2011 (76 FR 82264), which 
proposed to further revise the wreckfish ACL to 235,000 lb (106,594 
kg), round weight based on the revised ABC value. This final rule sets 
the ACL for wreckfish at 235,000 lb (106,594 kg), round weight with the 
commercial ACL for wreckfish at 223,250 lb (101,264 kg), round weight, 
and the recreational ACL at 11,750 lb (5,330 kg), round weight.
    Additionally, a notice of availability for Amendment 20A to the 
Snapper-Grouper FMP was published on January 12, 2012 (77 FR 1908), 
which addresses further management measures for the commercial sector 
of the wreckfish component of the snapper-grouper fishery. Actions 
included in Amendment 20A are intended to allow commercial fishermen 
with wreckfish shares to better maximize harvest potential within the 
constraints of the commercial ACL implemented through this final rule.
    Comment 13: Several commenters were opposed to the Council's 
recreational allocation for wreckfish in the Comprehensive ACL 
Amendment and some recommended a recreational allocation of 10 percent, 
while others recommended the recreational allocation be set at 50 
percent.
    Response: Wreckfish has been managed under a commercial ITQ program 
since 1992. In recent years, recreational fishermen have reported an 
increased incidence of wreckfish encounters during recreational trips. 
Because wreckfish are caught in very deep water (1,476-1,969 ft (450-
600 m)), it is assumed that all incidentally caught wreckfish die upon 
reaching the surface and must be released dead since only commercial 
wreckfish shareholders are allowed to retain the fish. By establishing 
an allocation for the recreational sector, the Council is attempting to 
reduce wreckfish bycatch mortality by allowing fishermen to retain 
wreckfish. Through this final rule, a wreckfish recreational sector is 
established by allocating 5 percent of the wreckfish stock ACL to the 
recreational sector. This 5 percent wreckfish recreational allocation 
serves to mitigate bycatch mortality of any occasionally encountered 
wreckfish during recreational trips. The Council concluded that any 
recreational catch of wreckfish is likely to be small and a larger 
allocation of the wreckfish stock ACL was unnecessary.
    Comment 14: Several commenters opposed the jurisdictional 
allocation of black grouper, yellowtail snapper, and mutton snapper 
between the Gulf of Mexico and the South Atlantic Councils. Some of the 
commenters recommended the establishment of an equal allocation of 50 
percent between the two jurisdictional areas.
    Response: This final rule establishes a jurisdictional allocation 
for black grouper, yellowtail snapper, and mutton snapper, based on the 
Florida Keys (Monroe County) jurisdictional boundary between the Gulf 
of Mexico and South Atlantic Councils. Currently, the ABC for each of 
these species applies across Council jurisdictions, and stock 
assessments for each of these three species treat each species as a 
single stock. This creates an issue for management, because the two 
Councils manage these species under two separate FMPs. For example, 
black grouper is also part of the ``other shallow water grouper'' 
species complex in the Gulf of Mexico individual fishing quota program. 
Without the jurisdictional allocations established in this final rule, 
these three species would need to be managed jointly, with both 
Councils having to manage a common set of regulations. Furthermore, the 
status quo allocations would not adhere to ``best available science'' 
and not be based on post-stratified data which captures actual harvest 
more accurately between the two jurisdictions. Both Councils agreed to 
the allocation procedure for the three species, which considers both 
historical and recent data, and provides extra emphasis to more recent 
landings. A jurisdictional allocation of 50 percent for the Gulf of 
Mexico and 50 percent for the South Atlantic would not consider 
historical and recent data with respect to landings. The Council 
concluded that the allocation procedure chosen in the Comprehensive ACL 
Amendment provides an accurate biological basis for management and 
ensures fairness and equity in practice.
    Comment 15: One commenter and the authors of the minority report 
opposed the allocation of dolphin in the Comprehensive ACL Amendment 
between the recreational and commercial sectors stating that the 
commercial allocation for dolphin has never been exceeded, and opposed 
the formula used to calculate the dolphin sector allocation.
    Response: Currently, a non-binding allocation of 13 percent for the 
commercial harvest and 87 percent for the recreational harvest is in 
place for dolphin. This final rule establishes a binding allocation 
that is used to specify

[[Page 15923]]

sector specific ACLs. The Comprehensive ACL Amendment uses a formula 
that would equal 50 percent * average of long catch range (lb) 1999-
2008 + 50 percent * average of recent catch trend (lb) 2006-2008, 
thereby balancing the total time series with more recent data. This is 
consistent with the Council's approach to sector allocations in other 
fisheries, such as snapper-grouper. This method provides the added 
biological benefits of accurately accounting for the fishing effort in 
both sectors, in addition to a fair, equitable, and mathematically 
transparent approach.
    Comment 16: One commenter opposed Alternative 2 in Action 25, and 
questioned the economic analysis for the action addressing management 
measures for dolphin, particularly relating to the prohibition of bag 
limit sales of dolphin from for-hire vessels. The commenter asserted 
the estimated effects provided in the proposed rule (76 FR 74757, 
December 1, 2011) were incomplete and inaccurate.
    Response: Action 25 addresses management measures for dolphin. 
Essentially, only two revisions were made to existing management 
measures. The 20-inch fork-length size limit now extends from waters 
off the south Atlantic coast of Florida through waters off of South 
Carolina, and bag limit sales of dolphin from for-hire vessels are 
prohibited unless they are commercially permitted and not operating 
under hire. In preparing the economic analysis conducted for this 
action NMFS utilized the best scientific information available, 
including data recorded in the Federal logbook program. In addition to 
the requirement that for-hire vessels possess a Federal dolphin-wahoo 
for-hire permit to harvest dolphin in the EEZ, with the exception of 
vessels fishing north of 39[deg] N. lat., for-hire vessels must also 
possess a Federal commercial dolphin-wahoo permit to legally sell 
dolphin harvested when operating under hire. All vessels with a Federal 
commercial dolphin-wahoo permit are annually provided with a Federal 
logbook. A logbook record, including information pertaining to any sale 
of fish, must be completed for each commercial fishing trip taken by 
the permitted vessel and reported to NMFS. Therefore, analysis of 
logbook data is the appropriate method of analyzing the expected 
economic effects of this action and the analysis should be complete and 
sufficient. As discussed in the proposed rule (76 FR 74757, December 1, 
2011), based on an analysis of logbook data, the prohibition on the 
sale of dolphin harvested under the bag limit by for-hire vessels is 
expected to result in an annual loss of approximately $71,000 in gross 
revenue by all for-hire vessels.
    However, proper reporting through the Federal logbook system may 
not occur in all instances. In that case, then the estimates of the 
economic effects of the prohibition of the sale of dolphin harvested 
under the bag limit provided in the proposed rule (76 FR 74757, 
December 1, 2011) could constitute a lower bound of the estimated 
economic effects. In order to estimate an upper bound accounting for 
reporting discrepancies, NMFS re-analyzed the potential economic 
effects of the prohibition of the sale of dolphin harvested under the 
bag limit by for-hire vessels using an alternative methodology and 
data, as described below. Over the period 2005-2009, the average annual 
revenue from dolphin identified as legal sales potentially originating 
from for-hire trips in the Atlantic was approximately $369,000 (nominal 
dollars, i.e., dollars not adjusted for inflation), or approximately 
$184 per for-hire vessel with a Federal dolphin-wahoo for-hire permit 
(2,012 vessels). If the practice of selling dolphin harvested on for-
hire trips is limited to charterboats, the number of potentially 
affected vessels is reduced to 1,927 (an estimated 85 headboat vessels 
participate in the Federal logbook program, though it is unknown how 
many of these vessels have a Federal dolphin-wahoo for-hire permit) and 
the average revenue associated with dolphin sales increases to 
approximately $192 per vessel. Because these data represent average 
results, some vessels would be expected to depend more on dolphin 
sales, and other vessels less. No information is available, however, to 
demonstrate that a substantial number of entities are significantly 
dependent on these revenues.
    The commenter stated that in the Florida Keys alone there are 278 
for-hire vessels that sell dolphin from for-hire trips. As an example 
of potential significant dependency, if all the identified revenues 
potentially originating from legal dolphin sales by for-hire vessels 
during 2005-2009 (approximately $369,000) were attributed to only these 
278 entities, the average effect per entity would be a reduction in ex-
vessel revenue of approximately $1,330, or less than 3 percent of 
average annual gross revenue from 2005-2009, estimated to range from 
approximately $51,000 to $69,000. In summary, although the new analysis 
of dolphin sales from the for-hire industry produced an estimate of the 
total potential economic effects that is much greater than the effect 
reported in the proposed rule (76 FR 74757, December 1, 2011), 
approximately $369,000 versus $71,000, the effects remain below the 
required threshold for significance when evaluated at the individual 
vessel level.
    Comment 17: Twelve commenters opposed the management measure for 
dolphin that prohibits bag limit sales from for-hire vessels, citing 
financial hardship. The commenters also stated that the sales of 
dolphin harvested under the bag limit are vital to the survival of 
charter fishing operations.
    Response: Currently, for-hire fishermen who possess the necessary 
state and Federal permits can sell bag limit quantities of dolphin, and 
NMFS acknowledges that a prohibition of such sales could have negative 
economic effects on some entities. During 2005-2009, the average annual 
revenue from dolphin identified as legal sales potentially originating 
from for-hire trips in the Atlantic was approximately $369,000 (nominal 
dollars), or approximately $184 per for-hire vessel with a Federal 
dolphin-wahoo for-hire permit (2,012 vessels). As a result of the new 
catch limits for dolphin, the Council determined that when for-hire 
fishermen sell their catch to dealers, catch is counted toward the 
commercial quota resulting in the commercial ACL being reached sooner. 
The Council decided that prohibiting the sale would help to improve the 
accuracy of total landings and benefit both sectors. Therefore, this 
final rule prohibits the sale of dolphin harvested under the 
recreational bag limit in the for-hire sector.
    Comment 18: One commenter cited all the actions addressing the 
Dolphin and Wahoo FMP in the Comprehensive ACL Amendment as being 
inconsistent with National Standard Guidelines under the Magnuson-
Stevens Act. Specific concerns were: The MSY and ACL were below a 
reasonable level that would achieve OY; the allocation formula for 
these should not have used data from MRFSS because of data uncertainty; 
stocks of dolphin are not restricted to the Atlantic east coast but 
also occur in the Caribbean and Gulf of Mexico; and sector allocations 
will lead to unnecessary discards by commercial fishermen.
    Response: The Comprehensive ACL Amendment does not revise the MSY 
for dolphin, and prior to this amendment, the value for OY was unknown. 
By setting the OY equal to the ACL, which is the catch level that 
ensures overfishing does not occur, there would be greater assurance 
that OY could be achieved without overfishing. The Council's preferred

[[Page 15924]]

approach for establishing sector allocations divides allocations 
between the recreational and commercial sectors based on landings 
information from 1986-2008 and 2006-2008, and therefore, considers past 
and present participation. The Council decided to establish allocations 
based on balancing long-term catch history with recent catch history, 
and believes it to be the most fair and equitable way to allocate 
fishery resources. The Council determined an additional benefit of this 
alternative was its inclusion of a transparent formula to specify 
allocations.
    While dolphin may be genetically similar in the Gulf of Mexico, 
Caribbean, and South Atlantic, the Dolphin and Wahoo FMP only addresses 
dolphin that occur in the Atlantic and the Magnuson-Stevens Act 
requires the Council to specify ACLs and AMs for all species in their 
FMPs.
    Comment 19: Commercial fishermen will have to make longer trips to 
target other species after a dolphin closure occurs, possibly affecting 
safety at sea.
    Response: The ABC and ACL for dolphin are set above recent average 
catch levels. Therefore, a closure of the dolphin commercial sector is 
not anticipated based on recent catch history, and NMFS does not 
foresee any new safety at sea issues arising for dolphin fishers that 
will be imposed by the actions contained in this final rule.
    Comment 20: One commenter recommended that dolphin and wahoo should 
be managed under the NMFS Highly Migratory Species program to avoid 
duplication by Councils and allow for international management.
    Response: The Manguons-Stevens Act's definition of the phrase 
``highly migratory species'' explicitly lists which species are to be 
included, and Congress did not include dolphin in the definition (16 
U.S.C. 1802(21)). In 2004, the Council, in cooperation with the Mid-
Atlantic and New England Councils, and with the approval of the 
Secretary of Commerce, developed the Dolphin and Wahoo FMP for the 
Atlantic. The Magnuson-Stevens Act requires that a fishery management 
council specify ACLs for species in its FMPs at a level that may not 
exceed the fishing level recommendation of its SSC, and that the ACLs 
prevent overfishing. Therefore, the Council was required to specify an 
ACL for dolphin.
    Comment 21: Several commenters opposed the harvest of Sargassum, 
and there were no comments supporting its harvest.
    Response: There has not been any commercial harvest of Sargassum 
since 1998, and there are no known data indicating Sargassum is a 
significant bycatch in any other fishery in the South Atlantic Region. 
Existing FMPs may use terms and values that are similar to, associated 
with, or may be equivalent to ACL and AM in many fisheries for which 
annual specifications are set for different stocks or stock complexes. 
In these situations, NMFS suggests that as fishery management councils 
revise their FMPs, they use the same terms as set forth in the NS 1 
Guidelines. Therefore, this final rule does not specifically set an ACL 
for Sargassum, because there is currently a commercial quota in place 
which serves as a functional ACL. When the quota is reached, the 
fishery would close, which serves as a functional AM.

Measures Contained in the Comprehensive ACL Amendment That Are Not in 
This Final Rule

    The Comprehensive ACL Amendment also contains actions that are not 
specifically addressed through this rulemaking. These items include 
specifying ABC control rules, allocations for the commercial and 
recreational sectors, and jurisdictional allocations between the South 
Atlantic Council and the Gulf of Mexico Fishery Management Council 
(Gulf Council) for three species.
    The Comprehensive ACL Amendment established ABC control rules for 
the Snapper-Grouper, Dolphin and Wahoo, Golden Crab, and Sargassum 
FMPs, which were used to establish ABC. These standard methods for 
determining the appropriate ABC allow the Council's SSC to determine an 
objective and efficient assignment of ABC that takes into account 
scientific uncertainty regarding the harvest levels that would lead to 
overfishing. Additionally, the amendment establishes allocations for 
the commercial and recreational sectors for snapper-grouper species and 
dolphin and wahoo that do not currently have allocations specified.
    The Comprehensive ACL Amendment also defines the apportionment for 
black grouper, yellowtail snapper, and mutton snapper across the 
jurisdictional boundary between the South Atlantic Council and the Gulf 
Council. These three species are managed separately by both the Gulf 
and South Atlantic Councils, but each has a stock assessment and ABC 
that covers both Councils areas of jurisdiction. Therefore, based on 
historical landings and recommendations from their respective SSCs, the 
two councils have agreed to apportion those overarching ABCs between 
them, and the amendment establishes ABC limits for the South Atlantic 
Council's area of jurisdiction.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of the species within the Comprehensive ACL Amendment and is consistent 
with the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and the amended proposed rule and is not repeated here. 
Two comments were received on the analysis of the estimated economic 
effect of the prohibition of the sale of dolphin harvested under the 
bag limit by for-hire vessels provided in the proposed rule (76 FR 
74757, December 1, 2011). The first comment asserted the estimated 
effects provided in the proposed rule (76 FR 74757, December 1, 2011) 
were incomplete and inaccurate and the second comment stated that the 
revenue from these sales is vital to the survival of charter fishing 
operations. In preparing the economic analysis conducted for this 
action NMFS utilized the best scientific information available, 
including data recorded in the Federal logbook program. In addition to 
the requirement that for-hire vessels possess a Federal dolphin-wahoo 
for-hire permit to harvest dolphin in the EEZ, with the exception of 
vessels fishing north of 39[deg] N. lat., for-hire vessels must also 
possess a Federal commercial dolphin-wahoo permit to legally sell 
dolphin harvested when operating under hire. All vessels with a Federal 
commercial dolphin-wahoo permit are annually provided with a Federal 
logbook. A logbook record, including information pertaining to any sale 
of fish, must be completed for each commercial fishing trip taken by 
the permitted vessel and reported to NMFS. Therefore, analysis of 
logbook data is the appropriate method of analyzing the expected 
economic effects of this action and the analysis provided in the 
proposed rule (76 FR 74757, December 1, 2011) should be accurate and 
sufficient. As discussed in the proposed rule (76 FR 74757, December

[[Page 15925]]

1, 2011), based on analysis of logbook data, the prohibition on the 
sale of dolphin harvested under the bag limit by for-hire vessels is 
expected to result in an annual loss of approximately $71,000 in gross 
revenue to the for-hire sector.
    However, proper reporting through the Federal logbook system may 
not occur in all instances. In that case, then the estimates of the 
economic effects of the prohibition of the sale of dolphin harvested 
under the bag limit provided in the proposed rule (76 FR 74757, 
December 1, 2011) could constitute a lower bound of the actual 
potential economic effects. In order to estimate an upper bound 
accounting for reporting discrepancies, NMFS re-analyzed the potential 
economic effects of the prohibition of the sale of dolphin harvested 
under the bag limit by for-hire vessels using an alternative 
methodology and data, as described below. Regardless of whether fish 
are harvested on a commercial or for-hire trip, or Federal reporting 
requirements are followed, all legal fish sales in the Atlantic are 
captured by state-managed data programs. Each state provides these data 
to NMFS in aggregate-form by species and harvest gear-type. Because the 
data are aggregated by species, identification of the fishing entity 
(vessel), trip type (commercial or for-hire), or possession of any 
Federal permit is not possible. However, the aggregation and inclusion 
of harvest by gear in the data provided to NMFS allows partitioning of 
the data into sector categories that reasonably represent commercial 
fishing versus for-hire fishing. Specifically, in the new analysis, 
NMFS assumes all harvest using trawl, pot, longline, dredge, and 
electric or hydraulic reel gear comes from commercial vessels. NMFS 
assumes all harvest using hand line, rod and reel, manual reel, or 
troll line gear comes from vessels under hire. The rationale for this 
categorization, beyond the assertion that certain gear types are 
logically commercial gear, is the understanding that a key motivation 
of recreational fishing is sport and the challenge of landing fish. As 
a result, any gear, even electric or hydraulic reels, which reduces 
this experience, is logically inappropriate as for-hire gear. NMFS 
notes, however, that minimal harvest was recorded with electric or 
hydraulic reels, so the inclusion of harvest by these gear with for-
hire harvest would not substantially affect the following results. NMFS 
also notes that, the assumption that all hand line, rod and reel, 
manual reel, or troll line harvest originates from a for-hire trip may 
overestimate the actual harvest and sale by the for-hire sector because 
it is possible that some commercial vessels also harvest dolphin with 
this gear.
    Based on these assumptions, over the period of 2005-2009, the 
average annual revenue from dolphin identified as legal sales 
potentially originating from for-hire trips in the Atlantic was 
approximately $369,000 (nominal dollars), or approximately $184 per 
for-hire vessel with a Federal dolphin-wahoo for-hire permit (2,012 
vessels). If the practice of selling dolphin harvested on for-hire 
trips is limited to charterboats, the number of potentially affected 
vessels is reduced to 1,927 (an estimated 85 headboat vessels 
participate in the Federal logbook program, though it is unknown how 
many of these vessels have a Federal for-hire dolphin-wahoo permit) and 
the average revenue associated with dolphin sales increases to 
approximately $192 per vessel. Because these estimated economic effects 
represent average results, some vessels would be expected to receive 
higher losses in revenue, and other vessels lower losses. Information 
has not been identified, however, to demonstrate that a substantial 
number of entities are significantly dependent on these revenues. The 
first economic specific comment to the proposed rule stated that in the 
Florida Keys alone there are 278 for-hire vessels that sell dolphin 
from for-hire trips. If the sale of dolphin harvested under the bag 
limit is limited to these 278 vessels, which is not expected to be the 
case, and all the identified revenues potentially originating from 
legal dolphin sales by for-hire vessels (approximately $369,000 
annually) were attributed to only these 278 entities, the average 
effect per entity would be an annual reduction in ex-vessel revenue of 
approximately $1,330, or less than 3 percent of average annual gross 
revenue, estimated to range from approximately $51,000 to $69,000 per 
for-hire vessel.
    In summary, although the new analysis of dolphin sales from the 
for-hire industry produced an estimate of the total potential economic 
effects that is much greater than the effect reported in the proposed 
rule (76 FR 74757, December 1, 2012), approximately $369,000 versus 
$71,000, the effects remain below the required threshold for 
significance when evaluated at the individual vessel level.
    With respect to the second comment that the sales of dolphin 
harvested under the bag limit are vital to the survival of charter 
fishing operations, the results provided in the new analysis above are 
relevant to consideration of this comment. While some for-hire vessels 
are likely more dependent on the sale of dolphin harvested under the 
bag limit than other vessels, available data does not substantiate any 
claim that these sales are vital to charter fishing operations in 
general.
    No other substantive comments were received on the certification 
provided in the proposed rule (76 FR 74757, December 1, 2011). No 
changes were made to the proposed rule as a result of the public 
comments. The analysis of potential economic effects provided above 
does not impact the certification made by the Chief Counsel for 
Regulation of the Department of Commerce to the Chief Counsel for 
Advocacy of the Small Business Administration that this rulemaking is 
not expected to have a significant economic impact on a substantial 
number of small entities. As a result, a final regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: March 13, 2012.
Alan D. Risenhoover,
Acting 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, 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.  622.1, paragraph (b), Table 1, footnote 2 is revised to 
read as follows:


Sec.  622.1  Purpose and scope.

* * * * *
    (b) * * *
Table 1.--FMPs Implemented Under Part 622
* * * * *
    \2\ Black sea bass and scup are not managed by the FMP or 
regulated by this part north of 35[deg]15.9' N. lat., the latitude 
of Cape Hatteras Light, NC.
* * * * *

0
3. In Sec.  622.2, the definition for ``South Atlantic shallow-water 
grouper (SASWG)'' is revised to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *

[[Page 15926]]

    South Atlantic shallow-water grouper (SASWG) means, in the South 
Atlantic, gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney.
* * * * *

0
4. In Sec.  622.4, the first sentence in paragraph (a)(2)(vii) is 
revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (vii) Wreckfish. For a person aboard a vessel to be eligible for 
exemption from the bag limit for wreckfish in or from the South 
Atlantic EEZ, to fish under a quota for wreckfish in or from the South 
Atlantic EEZ, or to sell wreckfish in or from the South Atlantic EEZ, a 
commercial vessel permit for wreckfish and a commercial permit for 
South Atlantic snapper-grouper must have been issued to the vessel and 
must be on board. * * *
* * * * *

0
5. In Sec.  622.5, paragraphs (a)(1)(iv)(C)(2) and (c)(5)(iii) are 
revised to read as follows:


Sec.  622.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (1) * * *
    (iv) * * *
    (C) * * *
    (2) Make available to an authorized officer upon request all 
records of commercial offloadings, purchases, or sales of wreckfish.
* * * * *
    (c) * * *
    (5) * * *
    (iii) A dealer who has been issued a dealer permit for wreckfish, 
as required under Sec.  622.4(a)(4), must make available to an 
authorized officer upon request all records of commercial offloadings, 
purchases, or sales of wreckfish.
* * * * *

0
6. In Sec.  622.15, paragraphs (c)(4) and (d)(3) and (4) are revised to 
read as follows:


Sec.  622.15  Wreckfish individual transferable quota (ITQ) system.

* * * * *
    (c) * * *
    (4) Wreckfish may not be possessed on board a fishing vessel that 
has been issued a commercial vessel permit for South Atlantic snapper-
grouper and a commercial vessel permit for wreckfish--
    (i) In an amount exceeding the total of the ITQ coupons on board 
the vessel; or
    (ii) That does not have on board logbook forms for that fishing 
trip, as required under Sec.  622.5(a)(1)(iv)(C)(1).
* * * * *
    (d) * * *
    (3) A wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish may be offloaded from a fishing 
vessel only between 8 a.m. and 5 p.m., local time.
    (4) If a wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish is to be offloaded at a location 
other than a fixed facility of a dealer who holds a dealer permit for 
wreckfish, as required under Sec.  622.4(a)(4), the wreckfish 
shareholder or the vessel operator must advise the NMFS Office for Law 
Enforcement, Southeast Region, St. Petersburg, FL, by telephone (727-
824-5344), of the location not less than 24 hours prior to offloading.

0
7. In Sec.  622.35, paragraph (g)(1)(i) is revised, the first sentence 
in paragraph (j) is revised, and paragraph (p) is added to read as 
follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (g) * * *
    (1) * * *
    (i) No person may harvest pelagic sargassum in the South Atlantic 
EEZ between 36[deg]33'01.0'' N. lat. (directly east from the Virginia/
North Carolina boundary) and 34[deg] N. lat., within 100 nautical miles 
east of the North Carolina coast.
* * * * *
    (j) * * * During January through April each year, no person may 
fish for, harvest, or possess in or from the South Atlantic EEZ any 
SASWG (gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney). * * *
* * * * *
    (p) Closures of the recreational sector for wreckfish. The 
recreational sector for wreckfish in or from the South Atlantic EEZ is 
closed from January 1 through June 30, and September 1 through December 
31, each year. During a closure, the bag and possession limit for 
wreckfish in or from the South Atlantic EEZ is zero.

0
8. In Sec.  622.37, paragraph (e)(1)(iii) and paragraph (h) are revised 
to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (e) * * *
    (1) * * *
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
    (h) Dolphin in the Atlantic off Florida, Georgia, and South 
Carolina--20 inches (50.8 cm), fork length.

0
9. In Sec.  622.39, paragraph (d)(1)(viii) is revised and paragraph 
(d)(1)(x) is added to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (d) * * *
    (1) * * *
    (viii) South Atlantic snapper-grouper, combined--20. However, 
excluded from this 20-fish bag limit are tomtate, blue runner, 
ecosystem component species (specified in Table 4 of Appendix A to part 
622), and those specified in paragraphs (d)(1)(i) through (vii) and 
paragraphs (d)(1)(ix) and (x) of this section.
* * * * *
    (x) No more than one fish per vessel may be a wreckfish.
* * * * *

0
10. In Sec.  622.42, the first sentence of paragraph (f) is revised to 
read as follows:


Sec.  622.42  Quotas.

* * * * *
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 
223,250 lb (101,264 kg), round weight. * * *
* * * * *

0
11. In Sec.  622.43, paragraph (a)(6) is removed and reserved and the 
heading of paragraph (a)(5) is revised to read as follows:


Sec.  622.43  Closures.

    (a) * * *
    (5) South Atlantic gag, black grouper, red grouper, greater 
amberjack, snowy grouper, golden tilefish, vermilion snapper, black sea 
bass, red porgy, and wreckfish. * * *
* * * * *

0
12. In Sec.  622.45, the first sentence in paragraph (d)(8) and 
paragraphs (i)(2) and (i)(3) are revised to read as follows:


Sec.  622.45  Restrictions on sale/purchase.

* * * * *
    (d) * * *
    (8) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, or coney harvested 
from or possessed in the

[[Page 15927]]

South Atlantic EEZ or, if harvested or possessed by a vessel for which 
a valid Federal commercial permit for South Atlantic snapper-grouper 
has been issued, harvested from the South Atlantic, i.e., in state or 
Federal waters. * * *
* * * * *
    (i) * * *
    (2) In addition to the provisions of paragraph (i)(1) of this 
section, a person may not sell dolphin or wahoo possessed under the bag 
limit harvested in the Atlantic EEZ by a vessel while it is operating 
as a charter vessel or headboat. A dolphin or wahoo harvested or 
possessed by a vessel that is operating as a charter vessel or headboat 
with a Federal charter vessel/headboat permit for Atlantic dolphin and 
wahoo may not be purchased or sold if harvested from the Atlantic EEZ.
    (3) Dolphin or wahoo harvested in the Atlantic EEZ may be purchased 
only by a dealer who has a permit for Atlantic dolphin and wahoo and 
only from a vessel authorized to sell dolphin or wahoo under paragraph 
(i)(1) of this section.

0
13. In Sec.  622.49, paragraphs (b)(7) through (24) and paragraphs (e) 
through (g) are added to read as follows:


Sec.  622.49  Annual catch limits (ACLs) and accountability measures 
(AMs).

* * * * *
    (b) * * *
    (7) Black grouper--(i) Commercial sector--(A) If commercial 
landings for black grouper, as estimated by the SRD, reach or are 
projected to reach the applicable ACL in paragraph (b)(7)(i)(C) of this 
section, 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. On and after the effective date of such a notification, 
all sale or purchase of black grouper is prohibited and harvest or 
possession of this species in or from the South Atlantic EEZ is limited 
to the bag and possession limit. This bag and possession limit applies 
in the South Atlantic on board a vessel for which a valid Federal 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    (B) If commercial landings exceed the ACL, and black grouper are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (C) The applicable commercial ACLs, in round weight, are 90,575 lb 
(41,084 kg) for 2012, 94,571 lb (42,897 kg) for 2013, and 96,844 lb 
(43,928 kg) for 2014 and subsequent fishing years.
    (ii) Recreational sector. If recreational landings for black 
grouper, as estimated by the SRD, exceed the applicable ACL, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the AA will file a notification with the Office of the Federal 
Register, to reduce the length of the following recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year. However, the 
length of the recreational season will also not be reduced during the 
following fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary. The applicable recreational ACLs, in 
round weight, are 155,020 lb (70,316 kg) for 2012, 161,859 lb (73,418 
kg) for 2013, and 165,750 lb (75,183 kg) for 2014 and subsequent 
fishing years.
    (iii) Without regard to overfished status, if the combined 
commercial and recreational sector ACLs, as estimated by the SRD, are 
exceeded in a fishing year, then during the following fishing year, the 
AA will file a notification with the Office of the Federal Register 
stating that both the commercial and recreational sectors will not have 
an increase in their respective sector ACLs during that following 
fishing year. The applicable combined commercial and recreational 
sector ACLs, in round weight are 245,595 lb (111,400 kg) for 2012, 
256,430 lb (116,315 kg) for 2013, and 262,594 lb (119,111 kg) for 2014 
and subsequent fishing years.
    (8) Deep-water complex (including yellowedge grouper, blueline 
tilefish, silk snapper, misty grouper, queen snapper, sand tilefish, 
black snapper, and blackfin snapper)--(i) Commercial sector--(A) If 
commercial landings for the deep-water complex, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 343,869 lb 
(155,976 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for this 
complex for the remainder of the fishing year. On and after the 
effective date of such a notification, all sale or purchase of deep-
water complex species is prohibited and harvest or possession of these 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limit. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e. in state or 
Federal waters.
    (B) If commercial landings exceed the ACL, and at least one of the 
species in the deep-water complex is overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the ACL for that 
following year by the amount of the overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for the deep-
water complex, as estimated by the SRD, exceed the recreational ACL of 
332,039 lb (150,610 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (9) Scamp--(i) Commercial sector--(A) If commercial landings for 
scamp, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 341,636 lb (154,963 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. On and 
after the effective date of such a notification, all sale or purchase 
of scamp is prohibited and harvest or possession of this species in or 
from the South Atlantic EEZ is limited to the bag and possession limit. 
This bag and possession limit applies in the South Atlantic on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e. in state or Federal waters.
    (B) If commercial landings exceed the ACL, and scamp are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the

[[Page 15928]]

beginning of the following fishing year to reduce the ACL for that 
following year by the amount of the overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for scamp, as 
estimated by the SRD, exceed the recreational ACL of 150,936 lb (68,463 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. 
However, the length of the recreational season will also not be reduced 
during the following fishing year if the RA determines, using the best 
scientific information available, that a reduction in the length of the 
following fishing season is unnecessary.
    (10) Other SASWG combined (including red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, coney, and graysby)--(i) 
Commercial sector--(A) If commercial landings for other SASWG, as 
estimated by the SRD, reach or are projected to reach the commercial 
ACL of 49,488 lb (22,447 kg), round weight, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for this complex for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of other SASWG is prohibited, and harvest or possession of 
these species in or from the South Atlantic EEZ is limited to the bag 
and possession limit. This bag and possession limit applies in the 
South Atlantic on board a vessel for which a valid Federal charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, without regard to where such species were harvested, i.e. in 
state or Federal waters.
    (B) If commercial landings exceed the ACL, and at least one of the 
species in the other SASWG complex is overfished, based on the most 
recent status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the ACL for that 
following year by the amount of the overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for other SASWG, 
as estimated by the SRD, exceed the recreational ACL of 48,329 lb 
(21,922 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (11) Greater amberjack--(i) Commercial sector--(A) If commercial 
landings for greater amberjack, as estimated by the SRD, reach or are 
projected to reach the quota specified in Sec.  622.42(e)(3), 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.
    (B) If commercial landings exceed the ACL, and greater amberjack 
are overfished, based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for greater 
amberjack, as estimated by the SRD, exceed the recreational ACL of 
1,167,837 lb (529,722 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (12) Lesser amberjack, almaco jack, and banded rudderfish complex, 
combined--(i) Commercial sector--(A) If commercial landings for lesser 
amberjack, almaco jack, and banded rudderfish, combined, as estimated 
by the SRD, reach or are projected to reach their combined commercial 
ACL of 193,999 lb (87,996 kg), round weight, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for this complex for the remainder of the fishing 
year. On and after the effective date of such a notification, all sale 
or purchase of lesser amberjack, almaco jack, and banded rudderfish is 
prohibited, and harvest or possession of these species in or from the 
South Atlantic EEZ is limited to the bag and possession limit. This bag 
and possession limit applies in the South Atlantic on board a vessel 
for which a valid Federal charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, without regard to where such 
species were harvested, i.e. in state or Federal waters.
    (B) If the combined commercial landings for the complex exceed the 
ACL, and at least one of the species in the complex (lesser amberjack, 
almaco jack, and banded rudderfish) is overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the ACL for that 
following year by the amount of the overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for the complex 
(lesser amberjack, almaco jack, and banded rudderfish), combined, as 
estimated by the SRD, exceed the recreational ACL of 261,490 lb 
(118,610 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (13) Bar jack--(i) Commercial sector--(A) If commercial landings 
for bar jack, as estimated by the SRD, reach or are projected to reach 
the commercial ACL of 6,686 lb (3,033 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. On and 
after the effective date of such a notification, all sale or purchase 
of bar jack is prohibited and harvest or possession of this species in 
or from the South Atlantic EEZ is limited to the bag and possession 
limit. This bag and possession limit applies in the South Atlantic on 
board a vessel for which a valid Federal charter vessel/headboat permit 
for South Atlantic

[[Page 15929]]

snapper-grouper has been issued, without regard to where such species 
were harvested, i.e. in state or Federal waters.
    (B) If commercial landings exceed the ACL, and bar jack is 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for bar jack, as 
estimated by the SRD, exceed the recreational ACL of 13,834 lb (6,275 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. 
However, the length of the recreational season will also not be reduced 
during the following fishing year if the RA determines, using the best 
scientific information available, that a reduction in the length of the 
following fishing season is unnecessary.
    (14) Yellowtail snapper--(i) Commercial sector--(A) If commercial 
landings for yellowtail snapper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 1,142,589 lb (518,270 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. On and after the effective date of such a 
notification, all sale or purchase of yellowtail snapper is prohibited 
and harvest or possession of this species in or from the South Atlantic 
EEZ is limited to the bag and possession limit. This bag and possession 
limit applies in the South Atlantic on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e. in state or Federal waters.
    (B) If commercial landings exceed the ACL, and yellowtail snapper 
is overfished, based on the most recent Status of U.S. Fisheries Report 
to Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for yellowtail 
snapper, as estimated by the SRD, exceed the recreational ACL of 
1,031,286 lb (467,783 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (15) Mutton snapper--(i) Commercial sector--(A) If commercial 
landings for mutton snapper, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 157,743 lb (71,551 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. On and after the effective date of such a notification, 
all sale or purchase of mutton snapper is prohibited and harvest or 
possession of this species in or from the South Atlantic EEZ is limited 
to the bag and possession limit. This bag and possession limit applies 
in the South Atlantic on board a vessel for which a valid Federal 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    (B) If commercial landings exceed the ACL, and mutton snapper are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for mutton 
snapper, as estimated by the SRD, exceed the recreational ACL of 
768,857 lb (348,748 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (16) Other snappers combined (including cubera snapper, gray 
snapper, lane snapper, dog snapper, and mahogany snapper) complex--(i) 
Commercial sector--(A) If commercial landings combined for this other 
snappers complex, as estimated by the SRD, reach or are projected to 
reach the combined complex commercial ACL of 204,552 lb (92,783 kg), 
round weight, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for this complex for 
the remainder of the fishing year. On and after the effective date of 
such a notification, all sale or purchase of the snappers in this 
complex is prohibited, and harvest or possession of these species in or 
from the South Atlantic EEZ is limited to the bag and possession limit. 
This bag and possession limit applies in the South Atlantic on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e. in state or Federal waters.
    (B) If the combined commercial landings for this complex exceed the 
ACL, and at least one of the species in the other snappers complex is 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If the combined recreational landings for 
this snappers complex, as estimated by the SRD, exceed the recreational 
ACL of 882,388 lb (400,244 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL for this complex in the following fishing year. 
However, the length of the recreational season will also not be reduced 
during the following fishing year if the RA determines, using the best 
scientific information available,

[[Page 15930]]

that a reduction in the length of the following fishing season is 
unnecessary.
    (17) Gray triggerfish--(i) Commercial sector--(A) If commercial 
landings for gray triggerfish, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 305,262 lb (138,465 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. On and after the effective date of such a notification, 
all sale or purchase of gray triggerfish is prohibited and harvest or 
possession of this species in or from the South Atlantic EEZ is limited 
to the bag and possession limit. This bag and possession limit applies 
in the South Atlantic on board a vessel for which a valid Federal 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    (B) If commercial landings exceed the ACL, and gray triggerfish are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for gray 
triggerfish, as estimated by the SRD, exceed the recreational ACL of 
367,303 lb (166,606 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (18) Wreckfish--(i) Commercial sector. The ITQ program for 
wreckfish in the South Atlantic serves as the accountability measures 
for commercial wreckfish. The commercial ACL for wreckfish is equal to 
the commercial quota specified in Sec.  622.42(f).
    (ii) Recreational sector. If recreational landings for wreckfish, 
as estimated by the SRD, exceed the recreational ACL of 11,750 lb 
(5,330 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (19) Blue runner--(i) Commercial sector--(A) If commercial landings 
for blue runner, as estimated by the SRD, reach or are projected to 
reach the commercial ACL of 188,329 lb (85,425 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. On 
and after the effective date of such a notification, all sale or 
purchase of blue runner is prohibited and harvest or possession of this 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limit. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e. in state or 
Federal waters.
    (B) If commercial landings exceed the ACL, and blue runner are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for blue runner, 
as estimated by the SRD, exceed the recreational ACL of 1,101,612 lb 
(499,683 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (20) Atlantic spadefish--(i) Commercial sector--(A) If commercial 
landings for Atlantic spadefish, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 36,476 lb (16,545 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. On and after the effective date of such a notification, 
all sale or purchase of Atlantic spadefish is prohibited and harvest or 
possession of this species in or from the South Atlantic EEZ is limited 
to the bag and possession limit. This bag and possession limit applies 
in the South Atlantic on board a vessel for which a valid Federal 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    (B) If commercial landings exceed the ACL, and Atlantic spadefish 
are overfished, based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for Atlantic 
spadefish, as estimated by the SRD, exceed the recreational ACL of 
246,365 lb (111,749 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (21) Hogfish--(i) Commercial sector--(A) If commercial landings for 
hogfish, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 48,772 lb (22,123 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. On and after 
the effective date of such a notification, all sale or purchase of 
hogfish is prohibited and harvest or possession of this species in or 
from the South Atlantic EEZ is limited to the bag and possession limit.

[[Page 15931]]

This bag and possession limit applies in the South Atlantic on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e. in state or Federal waters.
    (B) If commercial landings exceed the ACL, and hogfish are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for hogfish, as 
estimated by the SRD, exceed the recreational ACL of 98,866 lb (44,845 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. 
However, the length of the recreational season will also not be reduced 
during the following fishing year if the RA determines, using the best 
scientific information available, that a reduction in the length of the 
following fishing season is unnecessary.
    (22) Red porgy--(i) Commercial sector--(A) If commercial landings 
for red porgy, as estimated by the SRD, reach or are projected to reach 
the quota specified in Sec.  622.42(e)(6), 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.
    (B) If commercial landings exceed the ACL, and red porgy are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for red porgy, 
as estimated by the SRD, exceed the recreational ACL of 197,652 lb 
(89,653 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (23) Jolthead porgy, knobbed porgy, whitebone porgy, scup, and 
saucereye porgy complex--(i) Commercial sector--(A) If commercial 
landings for jolthead porgy, knobbed porgy, whitebone porgy, scup, and 
saucereye porgy, combined, as estimated by the SRD, reach or are 
projected to reach the commercial complex ACL of 35,129 lb (15,934 kg), 
round weight, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for this complex for 
the remainder of the fishing year. On and after the effective date of 
such a notification, all sale or purchase of jolthead porgy, knobbed 
porgy, whitebone porgy, scup, and saucereye porgy, is prohibited, and 
harvest or possession of these species in or from the South Atlantic 
EEZ is limited to the bag and possession limit. This bag and possession 
limit applies in the South Atlantic on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e. in state or Federal waters.
    (B) If the combined commercial landings for this complex exceed the 
ACL, and at least one of the species in the complex is overfished, 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the ACL for that following year by the amount of the overage in 
the prior fishing year.
    (ii) Recreational sector. If recreational landings for jolthead 
porgy, knobbed porgy, whitebone porgy, scup, and saucereye porgy, 
combined, as estimated by the SRD, exceed the recreational ACL of 
112,485 lb (51,022 kg), round weight, then during the following fishing 
year, recreational landings will be monitored for a persistence in 
increased landings and, if necessary, the AA will file a notification 
with the Office of the Federal Register, to reduce the length of the 
following recreational fishing season for this complex by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (24) White grunt, sailor's choice, tomtate, and margate complex--
(i) Commercial sector--(A) If commercial landings for white grunt, 
sailor's choice, tomtate, and margate, combined, as estimated by the 
SRD, reach or are projected to reach the commercial complex ACL of 
214,624 lb (97,352 kg), round weight, the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for this complex for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of 
white grunt, sailor's choice, tomtate, and margate, is prohibited, and 
harvest or possession of these species in or from the South Atlantic 
EEZ is limited to the bag and possession limit. This bag and possession 
limit applies in the South Atlantic on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e. in state or Federal waters.
    (B) If the combined commercial landings for this complex exceed the 
ACL, and at least one of the species in the complex is overfished, 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year to 
reduce the ACL for that following year by the amount of the overage in 
the prior fishing year.
    (ii) Recreational sector. If recreational landings for white grunt, 
sailor's choice, tomtate, and margate, as estimated by the SRD, exceed 
the recreational ACL of 562,151 lb (254,987 kg), round weight, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the AA will file a notification with the Office of the Federal 
Register, to reduce the length of the following recreational fishing 
season for this complex by the amount necessary to ensure recreational 
landings do not exceed the recreational ACL in the following fishing 
year. However, the length of the recreational season will also not be 
reduced during the following fishing year if the RA determines, using 
the best scientific information available, that a reduction

[[Page 15932]]

in the length of the following fishing season is unnecessary.
* * * * *
    (e) Atlantic dolphin--(1) Commercial sector. If commercial landings 
for Atlantic dolphin, as estimated by the SRD, reach or are projected 
to reach the commercial ACL of 1,065,524 lb (483,314 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. 
On and after the effective date of such a notification, all sale or 
purchase of Atlantic dolphin is prohibited and harvest or possession of 
this species in or from the South Atlantic EEZ is limited to the bag 
and possession limit. This bag and possession limit applies in the 
South Atlantic on board a vessel for which a valid Federal charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, without regard to where such species were harvested, i.e. in 
state or Federal waters.
    (2) Recreational sector. If recreational landings for Atlantic 
dolphin, as estimated by the SRD, exceed the recreational ACL of 
13,530,692 lb (6,137,419 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (f) Atlantic wahoo--(1) Commercial sector. If commercial landings 
for Atlantic wahoo, as estimated by the SRD, reach or are projected to 
reach the commercial ACL of 64,147 lb (29,097 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. On 
and after the effective date of such a notification, all sale or 
purchase of Atlantic wahoo is prohibited and harvest or possession of 
this species in or from the South Atlantic EEZ is limited to the bag 
and possession limit. This bag and possession limit applies in the 
South Atlantic on board a vessel for which a valid Federal charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, without regard to where such species were harvested, i.e. in 
state or Federal waters.
    (2) Recreational sector. If recreational landings for Atlantic 
wahoo, as estimated by the SRD, exceed the recreational ACL of 
1,427,638 lb (647,566 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (g) South Atlantic golden crab--(1) Commercial sector--(i) If 
commercial landings for golden crab, as estimated by the SRD, reach or 
are projected to reach the ACL of 2 million lb (907,185 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the golden crab fishery for the remainder of the 
fishing year. On and after the effective date of such a notification, 
all harvest, possession, sale or purchase of golden crab in or from the 
South Atlantic EEZ is prohibited.
    (ii) If commercial landings exceed the ACL, and golden crab are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (2) [Reserved]
* * * * *

0
14. In Appendix A to part 622, Table 4 is revised to read as follows:

Appendix A to Part 622--Species Tables

* * * * *

    Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Balistidae--Triggerfishes:
  Gray triggerfish, Balistes capriscus
Carangidae--Jacks:
  Blue runner, Caranx bartholomaei
  Bar jack, Caranx ruber
  Greater amberjack, Seriola dumerili
  Lesser amberjack, Seriola fasciata
  Almaco jack, Seriola rivoliana
  Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes:
  Spadefish, Chaetodipterus faber
Haemulidae--Grunts:
  Margate, Haemulon album
  Tomtate, Haemulon aurolineatum
  Sailor's choice, Haemulon parrai
  White grunt, Haemulon plumieri
Labridae--Wrasses:
  Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers:
  Black snapper, Apsilus dentatus
  Queen snapper, Etelis oculatus
  Mutton snapper, Lutjanus analis
  Blackfin snapper, Lutjanus buccanella
  Red snapper, Lutjanus campechanus
  Cubera snapper, Lutjanus cyanopterus
  Gray snapper, Lutjanus griseus
  Mahogany snapper, Lutjanus mahogoni
  Dog snapper, Lutjanus jocu
  Lane snapper, Lutjanus synagris
  Silk snapper, Lutjanus vivanus
  Yellowtail snapper, Ocyurus chrysurus
  Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes:
  Blueline tilefish, Caulolatilus microps
  Golden tilefish, Lopholatilus chamaeleonticeps
  Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses:
  Wreckfish, Polyprion americanus
Serranidae--Groupers:
  Rock hind, Epinephelus adscensionis
  Graysby, Epinephelus cruentatus
  Speckled hind, Epinephelus drummondhayi
  Yellowedge grouper, Epinephelus flavolimbatus
  Coney, Epinephelus fulvus
  Red hind, Epinephelus guttatus
  Goliath grouper, Epinephelus itajara
  Red grouper, Epinephelus morio
  Misty grouper, Epinephelus mystacinus
  Warsaw grouper, Epinephelus nigritus
  Snowy grouper, Epinephelus niveatus
  Nassau grouper, Epinephelus striatus
  Black grouper, Mycteroperca bonaci
  Yellowmouth grouper, Mycteroperca interstitialis
  Gag, Mycteroperca microlepis
  Scamp, Mycteroperca phenax
  Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses:
  Black sea bass, Centropristis striata
Sparidae--Porgies:
  Grass porgy, Calamus arctifrons
  Jolthead porgy, Calamus bajonado
  Saucereye porgy, Calamus calamus
  Whitebone porgy, Calamus leucosteus
  Knobbed porgy, Calamus nodosus
  Red porgy, Pagrus pagrus
  Scup, Stenotomus chrysops
The following species are designated as ecosystem component species:
  Cottonwick, Haemulon melanurum
  Bank sea bass, Centropristis ocyurus
  Rock sea bass, Centropristis philadelphica
  Longspine porgy, Stenotomus caprinus
  Ocean triggerfish, Canthidermis sufflamen
  Schoolmaster, Lutjanus apodus
------------------------------------------------------------------------

[FR Doc. 2012-6450 Filed 3-15-12; 8:45 am]
BILLING CODE 3510-22-P


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