[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]
[Proposed Rules]
[Pages 3207-3212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00880]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5011-01]
RIN 0648-BE20


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 32

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 32 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP), as prepared by the South Atlantic Fishery 
Management Council (Council). If implemented, this rule would remove 
blueline tilefish from the deep-water complex; establish blueline 
tilefish commercial and

[[Page 3208]]

recreational sector annual catch limits (ACLs) and accountability 
measures (AMs); revise the deep-water complex ACLs and AMs; establish a 
blueline tilefish commercial trip limit; and revise the blueline 
tilefish recreational bag limit. The purpose of this rule is to specify 
ACLs and AMs for blueline tilefish to end overfishing of the stock and 
maintain catch levels consistent with achieving optimum yield (OY) for 
the blueline tilefish resource.

DATES: Written comments must be received on or before February 23, 
2015.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2014-0145'' by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0145, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Rick DeVictor, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 32, which includes an environmental 
assessment, an initial regulatory flexibility analysis (IRFA), and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/am32/index.html.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, telephone: 727-824-
5305, or email: <a href="/cdn-cgi/l/email-protection#77051e141c591312011e14031805371918161659101801"><span class="__cf_email__" data-cfemail="dfadb6bcb4f1bbbaa9b6bcabb0ad9fb1b0bebef1b8b0a9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The blueline tilefish is in the snapper-
grouper fishery of the South Atlantic, and the fishery is managed under 
the FMP. The FMP was prepared by the Council and is implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Background

    A benchmark assessment for the blueline tilefish stock in the South 
Atlantic was conducted through the Southeast, Data, Assessment, and 
Review (SEDAR) process in 2013 (SEDAR 32). At its October 2013 meeting, 
the Council's Scientific and Statistical Committee (SSC) determined the 
2013 stock assessment was based on the best scientific information 
available and considered the assessment to be appropriate for 
management decisions. The assessment determined that the blueline 
tilefish stock is undergoing overfishing in the South Atlantic. As 
required by the Magnuson-Stevens Act, the Council must therefore 
implement measures to end overfishing within 2 years of notification of 
an overfishing status. NMFS notified the Council of the blueline 
tilefish stock status on December 6, 2013.
    The Magnuson-Stevens Act requires that ACLs and AMs be implemented 
to prevent overfishing and achieve the OY from a fishery. An ACL is the 
level of annual catch of a stock that, if exceeded, triggers AMs. AMs 
are management controls to prevent ACLs from being exceeded and to 
correct any overages of ACLs if they occur. Two examples of AMs include 
an in-season closure if landings reach or are projected to reach the 
ACL, and a post-season overage adjustment which would reduce the ACL if 
an overage occurred during the previous fishing year.
    NMFS published an emergency rule on April 17, 2014 (79 FR 21636), 
that implemented temporary measures to reduce overfishing of blueline 
tilefish while Amendment 32 was being developed. Those measures were 
extended through a temporary rule on October 14, 2014 (79 FR 61262, 
October 10, 2014), and are effective through April 18, 2015, while 
Amendment 32 and the associated rulemaking are under review. The 
temporary measures of the emergency action include the following: 
Removal of blueline tilefish from the deep-water complex, specification 
of sector ACLs and AMs for blueline tilefish, and revision to the deep-
water complex ACL to reflect the removal of blueline tilefish from the 
complex.

Management Measures Contained in This Proposed Rule

Removal of Blueline Tilefish From the Deep-Water Complex

    This proposed rule would remove blueline tilefish from the deep-
water complex. In 2012, the Comprehensive ACL Amendment established a 
deep-water complex that contained the following eight species: blueline 
tilefish, yellowedge grouper, silk snapper, misty grouper, queen 
snapper, sand tilefish, black snapper, and blackfin snapper (77 FR 
15916, March 16, 2012). The Comprehensive ACL Amendment also specified 
ACLs and AMs for the complex where the complex's ACLs were based upon 
an acceptable biological catch (ABC) recommendation provided by the 
Council's SSC. In the absence of stock assessments, the ABCs for these 
and other unassessed species in the Comprehensive ACL Amendment were 
based on median or average catch. The Council placed most unassessed 
snapper-grouper species into complexes because many unassessed snapper-
grouper species are data-limited stocks that are known to have issues 
with species identification and/or extreme fluctuations in relative 
landings through time due to rarity, or lack of targeted fishing 
effort.
    As a result of blueline tilefish being assessed through SEDAR 32 
and the Council's SSC providing an assessment-based ABC recommendation 
for blueline tilefish, the Council decided to remove blueline tilefish 
from the deep-water complex and establish individual ACLs and AMs for 
the blueline tilefish stock. The Council has determined that sufficient 
information is now available for blueline tilefish and the rationale 
for grouping the species with other data-limited species in the deep-
water complex no longer applies.

Blueline Tilefish Commercial and Recreational ACLs and AMs

    This proposed rule would implement individual blueline tilefish 
commercial and recreational sector ACLs (based on the revised ABC for 
blueline tilefish specified in Amendment 32) to end overfishing of the 
stock. In Amendment 32, the Council defines the blueline tilefish stock 
ACL equal to 98 percent of the ABC. Due to improved data reporting, the 
Council has consistently chosen to set ACL equal to ABC for snapper-
grouper species. However, for blueline tilefish in Amendment 32, the 
Council decided to set the stock ACL at 98 percent of the proposed ABC 
to account for landings that occur north of the Council's area of 
jurisdiction. Approximately 2 percent of the total

[[Page 3209]]

blueline tilefish harvested were landed north of the North Carolina/
Virginia border. Therefore, this rule would establish blueline tilefish 
stock ACLs (combined commercial and recreational ACLs, equivalent to a 
total ACL), of 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) 
for 2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 
2018, and subsequent fishing years. All ACL weights are expressed in 
round weight. Additionally, this rule would establish sector-specific 
ACLs for the blueline tilefish commercial and recreational sectors 
based upon the Council's previously established blueline tilefish 
allocations of 50.07 percent and 49.93 percent for the commercial and 
recreational sectors, respectively. The commercial ACLs would be 17,841 
lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb 
(16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018, and 
subsequent fishing years. The recreational ACLs would be 17,791 lb 
(8,070 kg) for 2015, 26,691 lb (12,107 kg) for 2016, 35,685 lb (16,186 
kg) for 2017, and 43,925 lb (19,924 kg) for 2018, and subsequent 
fishing years.
    This rule would implement commercial and recreational in-season AMs 
for blueline tilefish. If commercial or recreational landings for 
blueline tilefish reach or are projected to reach the applicable ACL, 
then the commercial or recreational sector, as applicable, would be 
closed for the remainder of the fishing year. The recreational sector 
would not have an in-season closure if the Regional Administrator (RA) 
determines, using the best scientific information available, that a 
closure would be unnecessary.
    Additionally, if the total ACLs are exceeded in a fishing year, 
then during the following fishing year the commercial and recreational 
sectors will not have an increase in their respective sector ACLs.
    This rule would also implement post-season ACL overage adjustments 
(paybacks) for blueline tilefish. For the commercial sector, if 
commercial landings exceed the commercial ACL, and the combined 
commercial and recreational ACL (stock ACL) is exceeded, and blueline 
tilefish are overfished, then during the following fishing year the 
commercial ACL would be reduced for that following year by the amount 
of the commercial ACL overage in the prior fishing year. For the 
recreational sector, if recreational landings for blueline tilefish 
exceed the applicable recreational ACL, and the combined commercial and 
recreational ACL (stock ACL) is exceeded, and blueline tilefish are 
overfished, then the recreational fishing season in the following 
fishing year would be reduced to ensure recreational landings do not 
exceed the recreational ACL the following fishing year. Additionally, 
the recreational ACL would be reduced by the amount of the recreational 
ACL overage from the prior fishing year. However, the recreational 
fishing season and recreational ACL would not be reduced if the RA 
determines, using the best scientific information available that no 
reduction is necessary.

Additional Blueline Tilefish Management Measures

    This rule would implement a commercial trip limit and revise the 
recreational bag limit for blueline tilefish. This rule would establish 
a commercial trip limit of 100 lb (45 kg), gutted weight; 112 lb (51 
kg), round weight. The trip limit is expected to slow the rate of 
harvest, potentially lengthening the commercial season during a fishing 
year, and reduce the risk of the commercial ACL from being exceeded.
    For the recreational bag limit, blueline tilefish are currently 
part of the aggregate grouper and tilefish bag limit of 3 fish per 
person per day. This proposed rule would revise the blueline tilefish 
bag limit within the aggregate to set a specific blueline tilefish bag 
limit of one per vessel per day for the months of May through August. 
There would be no retention of blueline tilefish by the recreational 
sector from January through April and from September through December 
each year. A bag limit of one blueline tilefish per vessel per day and 
an 8-month annual closure was determined to best meet address ending 
overfishing, reducing recreational harvest, and potentially reducing 
blueline tilefish discards if blueline tilefish are targeted less 
during the open season because of the lower bag limit. The Council 
determined that the shortened summer seasonal opening could provide 
increased stability for planning purposes to recreational fishermen as 
it could minimize the risk of an in-season closure and the recreational 
ACL being exceeded, which may require post-season AMs in the following 
fishing year. In addition, the Council determined that an opening 
during the summer months could increase safety at sea by allowing 
fishing to occur in the generally calmer summer weather compared to a 
January 1 season opening during the winter. The vessel limit and 
fishing season dates for the blueline tilefish recreational sector 
would match what is being proposed by the Council for snowy grouper 
through Regulatory Amendment 20 to the FMP. The Council determined that 
similar recreational management measures and fishing seasons would be 
beneficial to the fish stocks as both species are caught at the same 
depths and have similar high release mortality rates.

Deep-Water Complex Commercial and Recreational ACLs and AMs

    This proposed rule would revise the ACLs and AMs for the deep-water 
complex (composed of yellowedge grouper, silk snapper, misty grouper, 
queen snapper, sand tilefish, black snapper, and blackfin snapper). The 
ACLs are being revised for two reasons. First, as Amendment 32 proposes 
to remove blueline tilefish from the deep-water complex, this proposed 
rule would remove the current blueline tilefish portion from the 
complex total ACL. The permanent blueline tilefish portion of the 
complex ACL is 631,341 lb (286,371 kg), round weight, and the total 
deep-water complex ACL is 711,025 lb (322,516 kg), round weight. The 
emergency rule set both a new, separate blueline tilefish ACL of 
224,100 lb (101,650 kg), round weight and a revised deep-water complex 
ACL without blueline tilefish of 79,684 lb (36,144 kg), round weight. 
Second, through Amendment 29 to the FMP, which is currently in 
rulemaking, the Council is proposing a revision to the ABC control rule 
for data-poor species based on recommendations from the SSC. If 
Amendment 29 is approved and implemented, the portion of the deep-water 
complex ABC for silk snapper and yellowedge grouper would change. The 
Council submitted Amendment 29 to the Secretary of Commerce on October 
14, 2014, the notice of availability for the amendment was published in 
the Federal Register on November 24, 2014 (79 FR 69819), and the 
proposed rule published in the Federal Register on December 8, 2014 (79 
FR 72567).
    Therefore, this proposed rule would change the deep-water complex 
total ACL (both sectors without blueline tilefish but with the 
increased catch levels for silk snapper and yellowedge grouper 
resulting from Amendment 29), to 170,278 lb (77,237 kg), round weight. 
Additionally, this proposed rule would establish sector specific ACLs 
for the deep-water complex based on the allocations for species in the 
deep-water complex that were established in the Comprehensive ACL 
Amendment (77 FR 15916, March 16, 2012). The commercial ACL for the 
complex would be 131,634 lb (59,708 kg), round weight and the 
recreational ACL for the complex would be 38,644 lb (17,529 kg), round 
weight.

[[Page 3210]]

    This proposed rule would revise the AMs for the deep-water complex. 
This proposed rule would retain the current commercial in-season AM, 
revise the commercial post-season AM, and implement revised 
recreational AMs for the deep-water complex. If commercial or 
recreational landings for the deep-water complex reach or are projected 
to reach their applicable ACL, then the commercial or recreational 
sector, as applicable, would be closed for the remainder of the fishing 
year. The recreational sector would not have an in-season closure if 
the RA determined, using the best scientific information available, 
that a closure was unnecessary. The Council decided that the in-season 
AM for both sectors is necessary to reduce the risk that landings 
exceed the ACL.
    This proposed rule would also modify the post-season ACL overage 
adjustments for the deep-water complex. Currently, if deep-water 
complex commercial landings exceed the ACL and at least one species in 
the complex is overfished, the commercial ACL is reduced in the 
following year by the overage amount. This proposed rule would modify 
the commercial post-season AMs as follows: If commercial landings 
exceed the commercial ACL, and the combined commercial and recreational 
ACL (total ACL) is exceeded, and at least one species in the deep-water 
complex is overfished, then during the following fishing year the 
complex commercial ACL would be reduced for that following year by the 
amount of the complex's commercial ACL overage in the prior fishing 
year.
    Currently, if recreational landings for the deep-water complex 
exceed the recreational ACL, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the length of the following recreational 
fishing season will be reduced by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. This proposed rule would modify the 
recreational post-season AMs as follows: For the recreational sector, 
if recreational landings for the deep-water complex exceed the 
applicable recreational ACL, and the combined commercial and 
recreational ACL is exceeded, and at least one species in the complex 
is overfished, then length of the recreational fishing season in the 
following fishing year would be reduced to ensure recreational landings 
do not exceed the recreational ACL the following fishing year. 
Additionally, the recreational ACL would be reduced by the amount of 
the recreational ACL overage from the prior fishing year. However, the 
recreational fishing season and recreational ACL would not be reduced 
if the RA determined, using the best scientific information available, 
that no reduction is necessary.

Additional Measures Contained in Amendment 32

    Amendment 32 also contains actions that would not be specified in 
the regulations. Amendment 32 revises the definitions of management 
thresholds for South Atlantic blueline tilefish, including maximum 
sustainable yield (MSY), OY, and ABC, and establishes recreational 
annual catch targets (ACTs) for blueline tilefish and revises the ACTs 
for the deep-water complex.
    Definitions of MSY and OY were established for blueline tilefish in 
Amendment 11 to the FMP (64 FR 59126, November 2, 1999). Amendment 32 
would revise these definitions based upon the most recent scientific 
information contained in SEDAR 32. Amendment 32 would specify the MSY 
value for blueline tilefish and set the OY equal to the ACL. Amendment 
32 would also establish recreational ACTs for blueline tilefish and 
revise the ACTs for the deep-water complex. The deep-water complex ACTs 
are being revised to reflect the removal of blueline tilefish from the 
complex and the change in the deep-water complex ABC as described 
above. These ACTs are management reference points to track performance 
of the management measures but do not trigger AMs.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 32, the FMP, the Magnuson-Stevens Act and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared a supplemental IRFA for this rule, as required by 
section 603 of the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA 
describes the economic impact that this proposed rule, if implemented, 
would have on small entities. A description of the action, why it is 
being considered, and the objectives of and legal basis for this action 
are contained in the preamble. A copy of the full analysis is available 
from the NMFS (see ADDRESSES). A summary of the supplemental IRFA 
follows.
    Every commercial fishing vessel in the South Atlantic snapper-
grouper fishery must have either a valid Federal South Atlantic 
unlimited snapper-grouper permit or a trip-limited permit. Both permits 
are limited access permits, and a vessel with a trip-limited permit is 
limited to no more than 225 lb (102.1 kg) round weight (whole weight), 
per trip. As of November 5, 2014, there were 539 vessels with a valid 
unlimited permit and 111 vessels with a valid trip-limited permit. An 
estimated annual average of 277 vessels landed deep-water complex 
species from 2008 through 2012. From that, it is estimated that up to 
277 commercial fishing vessels and up to 277 commercial fishing 
businesses would be directly affected by the proposed rule.
    According to Small Business Act Size Standards, a business in the 
finfish fishing industry is small if its annual receipts are less than 
$20.5 million. Based on estimates of average annual dockside revenue 
per vessel, it is concluded that a substantial number of the directly 
affected commercial fishing businesses are small businesses.
    The proposed changes to management measures would directly apply to 
businesses in the finfish fishing industry (NAICS 114111) that harvest 
blueline tilefish and other species of the deep-water complex of the 
South Atlantic snapper-grouper fishery. Proposed changes in this rule 
would also directly apply to anglers; however, anglers, whether aboard 
for-hire fishing or private and leased vessels, are not considered 
small entities as that term is defined in 5 U.S.C. 601(6) and so 
therefore are not further discussed in this summary.
    The proposed increase of the commercial ACL for the deep-water 
complex beyond its temporary value could have a beneficial economic 
impact by as much as an additional $244,116 to $338,690 (2012 dollars) 
annually in dockside revenue. The average annual economic benefit per 
vessel is estimated to be from $1,596 to $2,214 (2012 dollars).
    The proposed commercial ACL and AMs for blueline tilefish are 
expected to reduce average annual commercial landings of blueline 
tilefish from 2015 through 2019 by as much as 142,300 to 323,426 lb 
(64,546 to 146,704 kg) round weight, and dockside revenue by as much as 
$576,330 to $679,195 (2012 dollars). That change represents an 
approximate 89 percent to 91 percent reduction of average annual 
dockside revenue from blueline tilefish landings over that time. The 
average annual loss per vessel is estimated to range from $4,648 to 
$5,477 (2012 dollars), which

[[Page 3211]]

represents approximately 6 percent to 7 percent of average annual 
receipts of these vessels.
    From 2008 through 2012, the average trip landed 525 lb (238.1 kg) 
gutted weight, of blueline tilefish, and an annual average of 124 
commercial vessels had blueline tilefish landings. Without the proposed 
trip limit, the current average landings of 525 lb (238.1 kg), gutted 
weight, per trip would reach the proposed commercial ACL of 17,841 lb 
(8,092.5 kg) round weight, or 15,929 lb (7,225.3 kg), gutted weight, in 
2015, by 30 trips and an estimated 94 vessels and up to 94 small 
businesses would have no blueline tilefish landings in 2015, as a 
result of AMs being triggered and the commercial season being closed. 
The proposed 100-lb (45.4-kg), gutted weight, trip limit would increase 
the number of trips necessary to reach the commercial ACL to 1,593, 
which would improve the likelihood that all of the estimated 124 
vessels and small businesses, especially the smallest of those 
businesses, would have some blueline tilefish commercial landings 
during the year.
    The 100-lb (45.4-kg) trip limit would reduce average blueline 
tilefish landings per trip by 425 lb (192.8 kg) gutted weight, and $897 
(2012 dollars), which is an 81 percent reduction in landings (by weight 
and value) per trip with blueline tilefish landings. That reduction of 
average blueline tilefish landings per trip represents a loss of 
approximately 28 percent of average dockside revenue per trip.
    The average of 525 lb (238.1 kg), gutted weight, per trip is not 
representative of all vessels in the snapper-grouper fishery. Vessels 
with a trip-limited permit cannot presently land more than 201 lb (91.2 
kg), gutted-weight, of blueline tilefish per trip. The small businesses 
with trip-limited permits would lose no more than $222 (2012 dollars) 
in dockside revenue per trip. Hence, the 100 lb (45.4-kg), gutted 
weight, trip limit would represent at most a 51 percent reduction in 
landings (by weight and value) per trip for those vessels with a trip-
limited permit.
    The proposed 100 lb (45.4 kg), gutted weight, trip limit would 
increase trip-related costs. Specifically, it would prevent larger 
vessels from experiencing traditional economies of scale. Consequently, 
it is expected that small businesses with vessels that have unlimited 
poundage permits would incur larger increases in average unit costs per 
pound of blueline tilefish landed than those with vessels that have 225 
lb (102.1 kg), round weight, trip limit permits.
    Commercial ACLs for the deep-water complex less than the proposed 
131,634 lb (59,708 kg), round weight, were considered but not adopted 
by the Council. A lesser commercial ACL would result in either a 
smaller beneficial economic impact than the preferred alternative or an 
adverse economic impact.
    A lesser commercial ACL for blueline tilefish was considered but 
not adopted and it, when combined with the in-season AM, would generate 
larger adverse economic impacts on small businesses. Other considered 
but not adopted alternatives would establish a higher commercial ACL 
than the preferred alternative for blueline tilefish, which would have 
smaller adverse economic impacts in the short run, but potentially 
larger adverse economic impacts in the long run.
    Among the considered but not adopted alternatives were higher 
commercial trip limits, which would have smaller adverse economic 
impacts on small businesses per trip. However, the higher trip limits 
would shorten the length of the open commercial season, reduce the 
number of small businesses that have landings of blueline tilefish 
during the year, and increase the likelihood that the smallest of the 
small businesses would have zero blueline tilefish landings during the 
year.

List of Subjects in 50 CFR Part 622

    Blueline tilefish, deep-water complex, Fisheries, Fishing, South 
Atlantic, Snapper-Grouper.

    Dated: January 14, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.183, paragraph (b)(7) is added to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (7) Blueline tilefish recreational sector closure. The recreational 
sector for blueline tilefish in or from the South Atlantic EEZ is 
closed from January 1 through April 30, and September 1 through 
December 31, each year. During a closure, the bag and possession limit 
for blueline tilefish in or from the South Atlantic EEZ is zero.
0
3. In Sec.  622.187, paragraphs (b)(2)(iii) and (iv) are revised and 
paragraph (v) is added to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (2) * * *
    (iii) No more than one fish may be a golden tilefish;
    (iv) No more than one fish per vessel may be a blueline tilefish; 
and
    (v) No goliath grouper or Nassau grouper may be retained.
* * * * *
0
4. In Sec.  622.191, paragraph (a)(10) is added to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (10) Blueline tilefish. Until the applicable ACL specified in Sec.  
622.193(z)(1)(iii) is reached or projected to be reached, 100 lb (45 
kg), gutted weight; 112 lb (51 kg), round weight. See Sec.  
622.193(z)(1)(i) for the limitations regarding blueline tilefish after 
the commercial ACL is reached.
* * * * *
0
5. In Sec.  622.193, the suspension on paragraph (h) is lifted and 
paragraph (h) is revised, and paragraph (z) is added to read as 
follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (h) Deep-water complex (including yellowedge grouper, silk snapper, 
misty grouper, queen snapper, sand tilefish, black snapper, and 
blackfin snapper)--(1) Commercial sector--(i) If commercial landings 
for the deep-water complex, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 131,634 lb (59,708 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 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 commercial or 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.

[[Page 3212]]

    (ii) If commercial landings exceed the ACL, and the combined 
commercial and recreational ACL (total ACL) specified in paragraph 
(h)(3) of this section, is exceeded, 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 commercial ACL for that 
following year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector. (i) If recreational landings for the deep-
water complex, as estimated by the SRD, are projected to reach the 
recreational ACL of 38,644 lb (17,529 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close 
the recreational sector for the remainder of the fishing year, unless 
the RA determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limit is zero.
    (ii) If recreational landings for the deep-water complex, exceed 
the applicable recreational ACL, and the combined commercial and 
recreational ACL (total ACL) specified in paragraph (h)(3) of this 
section is exceeded, 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, to reduce the length of the 
recreational fishing season in the following fishing year to ensure 
recreational landings do not exceed the recreational ACL the following 
fishing year. When NMFS reduces the length of the following 
recreational fishing season and closes the recreational sector, the 
following closure provisions apply: The bag and possession limits for 
the deep-water complex in or from the South Atlantic EEZ is zero. 
Additionally, the recreational ACL will be reduced by the amount of the 
recreational ACL overage in the prior fishing year. The fishing season 
and recreational ACL will not be reduced if the RA determines, using 
the best scientific information available that no reduction is 
necessary.
    (3) The combined commercial and recreational sector ACL (total ACL) 
is 170,278 lb (77,237 kg), round weight.
* * * * *
    (z) Blueline tilefish--(1) Commercial sector. (i) If commercial 
landings for blueline tilefish, as estimated by the SRD, reach or are 
projected to reach the applicable ACL in paragraph (z)(1)(iii) 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 blueline tilefish 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 
commercial or 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.
    (ii) If commercial landings exceed the ACL, and the combined 
commercial and recreational ACL (total ACL) specified in paragraph 
(z)(3) of this section is exceeded, and blueline tilefish 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 commercial ACL for that following year by the amount 
of the commercial ACL overage in the prior fishing year.
    (iii) The applicable commercial ACLs, in round weight, are 17,841 
lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016, 35,785 lb 
(16,232 kg) for 2017, and 44,048 lb (19,980 kg) for 2018 and subsequent 
fishing years. The commercial ACL will not increase automatically in a 
subsequent fishing year if landings exceed or are projected to exceed 
the total ACL in the prior fishing year, as specified in paragraph 
(z)(3) of this section.
    (2) Recreational sector. (i) If recreational landings for blueline 
tilefish, as estimated by the SRD, are projected to reach the 
applicable ACL in paragraph (z)(2)(iii) of this section, the AA will 
file a notification with the Office of the Federal Register to close 
the recreational sector for the remainder of the fishing year, unless 
the RA determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limit is zero.
    (ii) If recreational landings for blueline tilefish, exceed the 
applicable recreational ACL, and the combined commercial and 
recreational ACL (total ACL) specified in paragraph (z)(3) of this 
section, is exceeded, and blueline tilefish 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, to reduce 
the length of the recreational fishing season in the following fishing 
year to ensure recreational landings do not exceed the recreational ACL 
the following fishing year. When NMFS reduces the length of the 
following recreational fishing season and closes the recreational 
sector, the following closure provisions apply: the bag and possession 
limit for blueline tilefish in or from the South Atlantic EEZ is zero. 
Additionally, the recreational ACL will be reduced by the amount of the 
recreational ACL overage in the prior fishing year. The fishing season 
and recreational ACL will not be reduced if the RA determines, using 
the best scientific information available that no reduction is 
necessary.
    (iii) The applicable recreational ACLs, in round weight, are 17,791 
lb (8,070 kg) for 2015, 26,691 lb (12,107 kg) for 2016, 35,685 lb 
(16,186 kg) for 2017, and 43,925 lb (19,924 kg) for 2018 and subsequent 
fishing years. The recreational ACL will not increase automatically in 
a subsequent fishing year if landings exceed or are projected to exceed 
the total ACL in the prior fishing year, as specified in paragraph 
(z)(3) of this section.
    (3) Without regard to overfished status, if the combined commercial 
and recreational ACL (total ACL), as estimated by the SRD, is exceeded 
in a fishing year, then during the following fishing year, an automatic 
increase will not be applied to the commercial and recreational ACLs. 
The RA will evaluate the landings data, using the best scientific 
information available, to determine whether or not an increase in the 
commercial and recreational ACLs will be applied. The applicable 
combined commercial and recreational sector ACLs (total ACLs), in round 
weight are 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg) for 
2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904 kg) for 
2018 and subsequent fishing years.

[FR Doc. 2015-00880 Filed 1-21-15; 8:45 am]
BILLING CODE 3510-22-P


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