66316 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 3636(b). 

Dated: October 29, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–26113 Filed 11–6–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130403320–4891–02] 

RIN 0648–BD07 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Regulatory 

Amendment 14 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Regulatory Amendment 14 

to the Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP) (Regulatory 

Amendment 14), as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council). This 

rule changes the fishing years for greater 

amberjack and black sea bass, revises 

the commercial trip limits for gag 

grouper (gag) and black sea bass, and 

revises the recreational accountability 

measures (AMs) for black sea bass and 

vermilion snapper. The purpose of 

Regulatory Amendment 14 and this rule 

is to help achieve optimum yield (OY) 

and enhance socio-economic 

opportunities within the snappergrouper fishery in accordance with the 

requirements of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: This rule is effective December 8, 

2014. 

ADDRESSES: Electronic copies of the 

regulatory amendment, which includes 

an environmental assessment and an 

initial regulatory flexibility analysis 

(IRFA), may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2014/reg_am14/

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, telephone: 727–824– 

5305, or email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic 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 Act. 

On April 25, 2014, NMFS published 

a proposed rule for Regulatory 

Amendment 14 and requested public 

comment (79 FR 22936). The proposed 

rule and Regulatory Amendment 14 

outline the rationale for the actions 

contained in this final rule. A summary 

of the actions implemented by 

Regulatory Amendment 14 and this 

final rule is provided below. 

Management Measures Contained in 

This Final Rule 

This final rule changes the fishing 

years for greater amberjack and black 

sea bass, revises the commercial trip 

limits for gag and black sea bass, and 

revises the recreational AMs for black 

sea bass and vermilion snapper. All 

weights described in this final rule are 

given in gutted weight. 

Greater Amberjack Fishing Year 

This final rule changes the greater 

amberjack fishing year of May 1 through 

April 30 to a fishing year of March 1 

through the end of February. This 

fishing year change allows the 

commercial sector access to greater 

amberjack during the Lenten season, 

when there is an increase in demand for 

the species, and thus enhances the 

economic yield from greater amberjack 

harvest. 

Black Sea Bass Fishing Year 

This final rule changes the 

commercial and recreational fishing 

years for black sea bass from June 1 

through May 31, to January 1 through 

December 31 for the commercial sector 

and April 1 through March 31 for the 

recreational sector. Starting the 

commercial fishing year on January 1 

during the black sea bass pot gear 

closure could provide, to the extent 

practicable, positive socio-economic 

benefits to the commercial black sea 

bass fishers who use hook-and-line gear 

because they would be able to fish for 

black sea bass when the catch per unit 

effort is higher, the fish are closer to 

shore, and there is generally a higher 

price per pound for black sea bass. The 

action also aligns the beginning of the 

commercial harvest seasons for black 

sea bass and vermilion snapper, which 

are commonly caught together with 

hook-and-line gear, and is expected to 

decrease the amount of regulatory 

discards in the snapper-grouper fishery. 

In addition, changing the commercial 

fishing year to January 1 for the black 

sea bass commercial sector allows 

commercial fishers to harvest black sea 

bass with hook-and-line gear during 

January to April when many other 

snapper-grouper species such as 

shallow-water groupers are closed to 

harvest. 

Changing the black sea bass 

recreational fishing year start date from 

June 1 to April 1 is expected to allow 

recreational fishermen throughout the 

Council’s area of jurisdiction to have 

more opportunity to harvest black sea 

bass and vermilion snapper when 

harvest for both species is open, thus 

reducing regulatory discards of black 

sea bass during April and May. 

Black Sea Bass Commercial Trip Limit 

Currently, the trip limit for the black 

sea bass commercial sector for hookand-line gear and black sea bass pots is 

1,000 lb (454 kg). This final rule 

establishes a trip limit of 300 lb (136 

kg), for the hook-and-line component of 

the commercial sector from January 1 

through April 30 when fishing with 

black sea bass pots is prohibited. The 

hook-and-line trip limit for the 

remainder of the fishing year remains at 

1,000 lb (454 kg). The trip limit for 

fishers using black sea bass pots would 

continue to be 1,000 lb (454 kg). A 300 

lb (136 kg), black sea bass trip limit for 

the hook-and-line sector during the 

period January 1 to April 30 allows 

fishermen to retain marketable 

quantities of black sea bass when 

targeting vermilion snapper, thereby 

addressing bycatch and discard 

mortality issues. The 300-lb (136-kg) 

trip limit for black sea bass could help 

to extend the length of the commercial 

vermilion snapper fishing season, 

because fishers have the opportunity to 

harvest both black sea bass and 

vermilion snapper instead of just 

targeting vermilion snapper. The 

Council determined that a January 1 

fishing year start date for the black sea 

bass commercial sector, in conjunction 

with a trip limit of 300 lb (136 kg) for 

the hook-and-line component, would 

allow commercial harvest of black sea 

bass and vermilion snapper to occur at 

the same time and enhance the socioeconomic benefits to those utilizing the 

black sea bass resource. 

Gag Commercial Trip Limit 

This final rule revises the gag 

commercial trip limit from the current 

1,000 lb (454 kg), to include a trip limit 

reduction to 500 lb (227 kg), when 75 

percent of the gag commercial quota is 


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Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 66317 

reached. The Council determined that 

this trip limit alternative best addresses 

the need to minimize regulatory 

discards of gag, extend the gag 

commercial fishing season, and reduce 

adverse socio-economic impacts to 

fishermen and fishing communities that 

utilize the gag resource, while still 

allowing commercial harvest to 

continue. 

Black Sea Bass Recreational AMs 

As described in Regulatory 

Amendment 14, this final rule revises 

the black sea bass recreational AMs to 

prevent the recreational ACL from being 

exceeded. The revised recreational AM 

is to specify the length of the 

recreational fishing season for black sea 

bass, as determined by NMFS and 

announced annually in the Federal 

Register, prior to the April 1 

recreational fishing season start date. 

The fishing season starts on April 1 and 

ends on the date NMFS projects the 

recreational sector’s ACL will be 

reached for that year. The purpose of 

this revised AM is to implement a more 

predictable recreational season length 

while still constraining harvest at or 

below the ACL to protect the stock from 

experiencing adverse biological 

consequences. 

Vermilion Snapper Recreational AMs 

This rule revises the recreational AM 

for vermilion snapper by implementing 

an in-season closure and modifying the 

ACL overage adjustment (payback) in 

the event an overage of the recreational 

ACL occurs and vermilion snapper are 

overfished. If recreational landings 

reach or are projected to reach the 

recreational ACL, recreational harvest is 

prohibited for the remainder of the 

fishing year. Payback of a recreational 

ACL overage in the following fishing 

year occurs if vermilion snapper are 

determined to be overfished and the 

total ACL (combined commercial and 

recreational ACLs) is exceeded. Unlike 

black sea bass, the Council determined 

that these revised recreational AMs for 

vermilion snapper that include inseason closure authority best meet the 

objectives of the FMP while ensuring 

that overfishing of vermilion snapper 

does not occur. 

Additional Management Measure 

Contained in This Final Rule 

Regulatory Amendment 15 to the FMP 

revised the AMs for gag by removing the 

requirement that all other South 

Atlantic shallow-water grouper 

(SASWG) are prohibited from harvest 

when the gag commercial ACL is met or 

projected to be met (78 FR 49183, 

August 13, 2013). However, the final 

rule implementing Regulatory 

Amendment 15 inadvertently failed to 

remove regulatory language within the 

quota closure section for gag that also 

referred to the associated SASWG 

closure. Therefore, this final rule 

removes the outdated language that is 

no longer applicable to the gag 

commercial ACL closure. 

Comments and Responses 

A total of 13 comments were received 

on Regulatory Amendment 14 and the 

proposed rule from individuals, a 

commercial fishing association, and a 

Federal agency. The Federal agency 

stated it had no comments on the 

proposed rule or Regulatory 

Amendment 14. Three comment 

submissions were unrelated to the 

actions contained in Regulatory 

Amendment 14 and one comment was 

in opposition to all fishing regulations 

in general. The commercial fishing 

association expressed support for the 

actions in Regulatory Amendment 14 

except for the gag commercial trip limit 

reduction. One comment submission 

questioned how the recreational ACL is 

documented for black sea bass and 

vermilion snapper. Seven individuals 

submitted comments on various 

alternatives contained in Regulatory 

Amendment 14 and the proposed rule. 

Of these seven individuals, four 

submissions were in favor of the gag 

commercial trip limit reduction; one 

submission was in opposition to 

changing the commercial fishing year 

for greater amberjack; one submission 

was in opposition to changing the black 

sea bass commercial trip limit; and one 

submission was in opposition to 

changing the black sea bass commercial 

regulations. The comments that oppose 

one or more of the management 

measures contained in Regulatory 

Amendment 14 and the proposed rule 

are summarized and responded to 

below. 

Comment 1: One commenter 

suggested that NMFS should reduce the 

gag commercial trip limit to 300 lb (136 

kg), when 75 percent of the gag 

commercial quota is reached, instead of 

to 500 lb (227 kg). Another commenter 

suggested that the gag trip limit should 

be 500 lb (227 kg) instead of 1,000 lb 

(454 kg), and then reduced to 100 lb (45 

kg) when 75 percent of the commercial 

quota is reached. 

Response: NMFS disagrees that the 

1,000 lb (454 kg) gag commercial trip 

limit should be reduced to 300 lb (136 

kg) when 75 percent of the gag 

commercial quota is reached. NMFS 

also disagrees that the gag trip limit 

should be 500 lb (227 kg) instead of 

1,000 lb (454 kg), and then reduced to 

100 lb (45 kg) when 75% of the gag 

commercial quota is reached. Regulatory 

Amendment 14 analyzed alternatives 

with different step-down reductions to 

the gag 1,000 lb (454 kg) commercial 

trip limit, including a reduction to 300 

lb (136 kg). At their September 2013 

meeting, the Council discussed that the 

original purpose of this action, as 

proposed by the Council’s SnapperGrouper Advisory Panel, was to reduce 

discards of gag when fishermen target 

shallow-water groupers or other species 

which co-occur with gag. An additional 

objective was to extend the length of the 

gag commercial fishing season. An 

alternative to specify a gag trip limit of 

500 lb (227 kg) that is reduced to 100 

lb (45 kg) when 75 percent of the gag 

commercial quota is reached was not 

considered in Regulatory Amendment 

14. However, some Council members 

stated that higher trip limits were 

needed for larger vessels, which require 

higher costs to operate and to fish than 

smaller vessels require. Because the 

other trip limit step-down alternatives 

considered are less than the preferred 

alternative of 500 lb (227 kg) gutted 

weight, these alternatives would be 

expected to increase the cost per landed 

fish, and might lower vessel profit per 

trip. Analyses in Regulatory 

Amendment 14 showed little difference 

in the expected length of the 

commercial season under the various 

trip limit alternatives; thus, the Council 

determined that reducing the gag 

commercial trip limit to 500 lb (227 kg) 

gutted weight when 75 percent of the 

gag commercial quota is reached, best 

balanced the need to minimize 

regulatory discards of gag and reduce 

adverse socio-economic impacts to 

fishermen and fishing communities that 

utilize the gag resource, while still 

allowing commercial harvest to 

continue. In general, the Council 

considers this step-down approach in 

the commercial trip limit as a temporary 

measure while they explore better ways 

to address discards, enhance vessel 

profitability, and achieve a longer gag 

fishing season. 

Comment 2: NMFS should not allow 

commercial fishing for greater 

amberjack during the months of April, 

May, and June. Greater amberjack 

aggregate to spawn during these months, 

and a commercial closure during this 

period would protect the spawning 

stock. 

Response: NMFS agrees that closing 

the commercial sector harvest for greater 

amberjack during the spawning season 

months of April, May, and June would 

provide greater protection for the greater 

amberjack resource. However, such a 

seasonal closure is not necessary for the 


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stock at this time because the stock is 

healthy and commercial spawning 

season harvest limitations for greater 

amberjack for the month of April have 

been in effect since 1999 (64 FR 3624, 

January 25, 1999). Greater amberjack are 

neither overfished nor undergoing 

overfishing and ACLs and AMs are in 

place to ensure that overfishing does not 

occur. Commercial harvest of greater 

amberjack did not exceed the 

commercial ACL during fishing years 

2007/2008 through 2012/2013; however, 

members of the public expressed 

concern that commercial harvest of 

greater amberjack could increase in the 

future due to harvest restrictions on 

other snapper-grouper species. Revising 

the current greater amberjack 

commercial fishing year of May 1 

through April 30, to a fishing year of 

March 1 through the end of February, 

could have positive biological effects to 

the greater amberjack resource because, 

if harvest were to increase, it is more 

likely that the commercial ACL could be 

reached before the beginning of the 

spawning season (January through June) 

and thus provide more protection to the 

species. Furthermore, changing the 

greater amberjack commercial fishing 

year could provide socio-economic 

benefits to fishers because even if 

commercial harvest were to increase in 

the future, beginning the fishing year in 

March would ensure that greater 

amberjack are available during the 

Lenten season (which usually begins in 

March) when there is the greatest 

demand for the species. Therefore, 

changing the fishing year balances the 

biological protection for the resource 

and the socio-economic benefits for 

snapper-grouper fishermen. 

Comment 3: One commenter stated 

that none of the black sea bass 

commercial regulations should be 

changed. Another commenter indicated 

that the commercial trip limit for the 

black sea bass hook-and-line component 

should be 800 to 1,000 lb (362 to 453 

kg), for the winter and spring months, 

instead of 300 lb (136 kg) for the winter 

and spring months of January through 

April. It is not cost-effective to leave the 

dock for only 300 lb (136 kg) of black 

sea bass. 

Response: NMFS disagrees that there 

should be no change in the commercial 

regulations for black sea bass and 

disagrees that the commercial trip limit 

for the black sea bass hook-and-line 

component should be 800 to 1,000 lb 

(362 to 453 kg) for the months January 

through April. 

Regulatory Amendment 14 considers 

a change in the commercial black sea 

bass fishing year and revisions to the 

commercial trip limit for the black sea 

bass hook-and-line component. The 

Council concluded that a change in the 

commercial fishing year to begin on 

January 1 during the black sea bass pot 

gear closure could provide benefits to 

the commercial black sea bass fishers 

who use hook-and-line gear because 

they would be able to fish for black sea 

bass when the catch per unit effort is 

higher, the fish are closer to shore, and 

there is generally a higher price per 

pound for black sea bass. In the past 

several years, the commercial quota has 

been met for black sea bass before the 

end of the June through May fishing 

year. A January 1 start date for the black 

sea bass commercial fishing season is 

expected to increase harvest 

opportunities for black sea bass and cooccurring species with hook-and-line 

gear from January to April when many 

other snapper-grouper species such as 

shallow-water groupers are closed to 

harvest. 

A 300-lb (136-kg) commercial trip 

limit for the hook-and-line component 

during the period from January 1 to 

April 30 would allow fishermen to 

retain marketable quantities of black sea 

bass when targeting co-occurring 

species such as vermilion snapper 

(which are caught together with black 

sea bass when using hook-and-line gear) 

while addressing bycatch and discard 

mortality issues. The 300-lb (136-kg) 

commercial trip limit would also help to 

extend the length of the commercial 

vermilion snapper fishing season, 

because fishers would then have the 

opportunity to catch both black sea bass 

and vermilion snapper instead of just 

targeting vermilion snapper. The 

Council determined that a January 1 

fishing year start date for the black sea 

bass commercial sector, in conjunction 

with a trip limit of 300 lb (136 kg) for 

the hook-and-line component, would 

allow commercial harvest of black sea 

bass and vermilion snapper to occur at 

the same time and enhance the socioeconomic benefits to those utilizing the 

black sea bass resource. Additionally, 

300 lb (136 kg) is considered an 

adequate trip limit based on public 

input and Council members’ own 

experiences of fishing for black sea bass 

with hook-and-line gear. 

Comment 4: For the revised AMs for 

black sea bass and vermilion snapper, 

how is the recreational ACL 

documented, and how does NMFS 

know when the recreational ACL has 

been reached? 

Response: Recreational landings are 

collected through the Marine 

Recreational Information Program 

(MRIP), and the Southeast Region 

Headboat Survey. MRIP covers both 

coastal Atlantic states from Maine to 

Florida and Gulf of Mexico coastal 

states from Florida to Louisiana. MRIP 

provides estimated landings and 

discards for six 2-month periods (waves) 

each year. The survey provides 

estimates for three recreational fishing 

modes: Shore based fishing, private and 

rental boat fishing, and for-hire charter 

and guide fishing. Catch data are 

collected through dockside angler 

intercept surveys of completed, 

recreational fishing trips and effort data 

are collected using telephone surveys. 

The Southeast Region Headboat Survey 

estimates landings and discards for 

headboats in the U.S. South Atlantic 

and Gulf of Mexico from required 

logbooks. Landings data from MRIP and 

the Headboat Survey are compared to 

the recreational ACL. If the ACL has 

been met or exceeded, an AM is 

triggered, such as an in-season closure. 

If landings for either MRIP or the 

Headboat Survey are incomplete, 

projections of landings based on 

information from previous years are 

used to predict when the ACL is 

expected to be met. 

Also, this final rule revises the AM for 

the black sea bass recreational sector so 

that the fishing season will be 

announced prior to the April 1 start date 

and the length of the season will be set 

to prevent the recreational ACL from 

being exceeded. As discussed, this final 

rule also revises the AMs for the 

vermilion snapper recreational sector. 

However, for vermilion snapper, when 

the recreational ACL is reached, or 

projected to be reached, the sector will 

close for the remainder of the fishing 

year (in-season closure). Additionally, if 

vermilion snapper commercial and 

recreational landings exceed both 

sector’s combined ACL, and vermilion 

snapper are overfished, then during the 

following year, the recreational ACL 

will be reduced by the amount of the 

recreational overage in the prior year 

(payback). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS has 

determined that this final rule is 

necessary for the conservation and 

management of South Atlantic snappergrouper and is consistent with 

Regulatory Amendment 14, the FMP, 

the Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

A final regulatory flexibility analysis 

(FRFA) was prepared for this action. 

The FRFA incorporates the initial 

regulatory flexibility analysis (IRFA), a 

summary of the significant economic 


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issues raised by public comment, 

NMFS’ responses to those comments, 

and a summary of the analyses 

completed to support the action. The 

FRFA follows. 

No public comments specific to the 

IRFA were received and, therefore, no 

public comments are addressed in this 

FRFA. Some comments with indirect 

socio-economic implications were 

received and these are addressed in the 

comments and responses section above. 

No changes in the final rule were made 

in response to public comments. 

This final rule will modify the 

commercial and recreational fishing 

years for greater amberjack from the 

current fishing year of May 1 through 

April 30 to a fishing year that begins on 

March 1 and goes through the last day 

of February; modify the recreational 

fishing year for black sea bass from June 

1 through May 31 to a fishing year of 

April 1 through March 31; require as a 

recreational AM for black sea bass for 

NMFS to annually announce the 

recreational fishing season end date 

based on NMFS projections of when the 

recreational ACL will be caught; change 

the commercial fishing year for black 

sea bass to January 1 through December 

31; revise the black sea bass commercial 

trip limit, for the hook-and-line 

component, to be 300 lb (136 kg) from 

January through March (when sea bass 

pots are prohibited); reduce the 

commercial trip limit for gag from 1,000 

lb (454 kg) to 500 lb (227 kg), when 75 

percent of the commercial ACL is 

projected to be met; modify the 

recreational AMs for vermilion snapper 

such that exceeding the recreational 

ACL will result in an in-season closure; 

require paybacks for the vermilion 

snapper recreational sector only if the 

vermilion snapper stock is overfished 

and if the total ACL (vermilion snapper 

commercial and recreational ACLs 

combined) are exceeded. 

NMFS agrees that the Council’s 

choice of preferred alternatives will best 

achieve the Council’s objectives for 

Regulatory Amendment 14 while 

minimizing, to the extent practicable, 

the adverse effects on fishers, support 

industries, and associated communities. 

The preamble of the proposed rule and 

this final rule provide a statement of the 

need for and objectives of this final rule, 

and it is not repeated here. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting, recordkeeping, or other compliance 

requirements are introduced by this 

final rule. Accordingly, this final rule 

does not implicate the Paperwork 

Reduction Act. 

NMFS expects this final rule to 

directly affect commercial fishermen 

and for-hire vessel operators in the 

South Atlantic snapper-grouper fishery. 

The Small Business Administration 

(SBA) recently modified the small entity 

size criteria for all major industry 

sectors in the U.S., including fish 

harvesters. A business involved in 

finfish harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and its combined annual 

receipts are not in excess of $20.5 

million (NAICS code 114111, finfish 

fishing) for all of its affiliated operations 

worldwide. For for-hire vessels, all 

qualifiers apply except that the annual 

receipts threshold is $7.5 million 

(NAICS code 487210, recreational 

industries). The SBA periodically 

reviews and changes, as appropriate, 

these size criteria. On June 12, 2014, the 

SBA issued a final rule revising the 

small business size standards for several 

industries, effective July 14, 2014 (79 FR 

33647). That rule increased the size 

standard for commercial finfish 

harvesters from $19.0 million to $20.5 

million and the size standard for forhire vessels from $7.0 million to $7.5 

million. 

From 2008 through 2012, an annual 

average of 223 vessels with valid 

Federal permits to operate in the 

commercial sector of the snappergrouper fishery landed at least 1 lb (0.5 

kg) of black sea bass. These vessels 

generated annual average dockside 

revenues of approximately $3.6 million 

(2011 dollars) from all species caught on 

the same trips as black sea bass, of 

which $918,000 (2011 dollars) were 

from black sea bass. Each vessel, 

therefore, generated an annual average 

of approximately $16,000 in gross 

revenues, of which $4,000 annually 

were from black sea bass. For the same 

period, an annual average of 252 vessels 

with valid Federal permits to operate in 

the commercial sector of the snappergrouper fishery landed at least 1 lb (0.5 

kg) of gag. These vessels generated 

dockside revenues of approximately 

$5.7 million (2011 dollars) from all 

species caught on the same trips as gag, 

of which $1.7 million (2011 dollars) 

were from gag. Each vessel, therefore, 

generated an annual average of 

approximately $23,000 in gross 

revenues, of which $7,000 were from 

gag. 

Additionally, an annual average of 

304 vessels with valid Federal permits 

to operate in the commercial sector of 

the snapper-grouper fishery landed at 

least 1 lb (0.5 kg) of greater amberjack. 

These vessels generated dockside 

revenues of approximately $5.7 million 

(2011 dollars) from all species caught on 

the same trips as greater amberjack, of 

which $905,000 (2011 dollars) were 

from greater amberjack. Each vessel, 

therefore, generated an annual average 

of approximately $23,000 in gross 

revenues, of which $3,000 were from 

greater amberjack. Also, an annual 

average of 229 vessels with valid 

Federal permits to operate in the 

commercial sector of the snappergrouper fishery landed at least l lb (0.5 

kg) of vermilion snapper. These vessels 

generated dockside revenues of 

approximately $6.2 million (2011 

dollars) from all species caught on the 

same trips as vermilion snapper, of 

which $2.9 million (2011 dollars) were 

from vermilion snapper. Each vessel, 

therefore, generated an annual average 

of approximately $27,000 in gross 

revenues, of which $13,000 were from 

vermilion snapper. Some vessels may 

have caught and landed any 

combination of these four species (black 

sea bass, gag, greater amberjack, and 

vermilion snapper) and revenues 

therefrom are included in the foregoing 

estimates. Vessels that caught and 

landed any of these four species may 

also operate in other fisheries, the 

revenues of which are not known and 

are not reflected in these totals. Based 

on revenue information, all commercial 

vessels affected by this final rule can be 

considered small entities. 

From 2008 through 2012, an annual 

average of 1,809 vessels had valid or 

renewable Federal permits to operate in 

the for-hire component of the 

recreational sector of the South Atlantic 

snapper-grouper fishery. As of July 24, 

2013, 1,523 vessels held South Atlantic 

charter/headboat snapper-grouper 

permits and about 75 of those vessels 

are estimated to have operated as 

headboats in 2013. The for-hire fleet 

consists of charter boats, which charge 

a fee on a vessel basis, and headboats, 

which charge a fee on an individual 

angler (head) basis. Average annual 

revenues (2011 dollars) for charter boats 

are estimated to be $126,032 for Florida 

vessels, $53,443 for Georgia vessels, 

$100,823 for South Carolina vessels, and 

$101,959 for North Carolina vessels. For 

headboats, the corresponding estimates 

are $209,507 for Florida vessels and 

$153,848 for vessels in the other states. 

Revenue figures for states other than 

Florida are aggregated to avoid 

disclosure of confidential information. 

Based on these average revenue figures, 

all for-hire operations that would be 


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66320 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

affected by this final rule can be 

considered small entities. 

Because all entities expected to be 

affected by this rule are small entities, 

NMFS has determined that this final 

rule will affect a substantial number of 

small entities. Moreover, the issue of 

disproportionate effects on small versus 

large entities does not arise in the 

present case. 

Relative to the no action alternative, 

the modification to the greater 

amberjack commercial season is not 

expected to alter the length of the 

commercial season. NMFS projections 

show that if closures were to occur, they 

would be of about the same length for 

both the no action alternative and the 

preferred alternative. For this reason, it 

is unlikely that total ex-vessel revenues 

for the commercial sector will change. 

However, there is a possibility that the 

distribution of those revenues will 

change in favor of those with first access 

to the fishery resource, particularly if 

fishing closures were to occur. NMFS 

projections for the recreational sector 

show that the recreational ACL will be 

met at a later date under the no action 

alternative than under the preferred 

alternative. Thus, greater recreational 

ACL overages may be expected from the 

preferred alternative as there is no inseason AM for the greater amberjack 

recreational sector. This will result in 

higher profits to for-hire vessels in a 

current fishing year. However, the postseason AM requires that the following 

year’s fishing season would be 

shortened if the recreational ACL was 

exceeded during the previous fishing 

year, resulting in revenue and profit 

reductions to for-hire vessels. Based on 

average angler trips for 2008–2012, the 

for-hire fleet will lose about $161,000 

(2011 dollars) in annual profits, of 

which $160,000 (2011 dollars) will be 

for headboats and $1,000 (2011 dollars) 

for charter boats as a result of a 

shortened season. It cannot be 

ascertained if a fishing year’s increased 

profits that will be partly due to quota 

overages will more than compensate for 

the following year’s profit reductions 

due to fewer trips taken because of a 

shortened fishing season. 

The economic effects of the 

modification to the recreational fishing 

year for black sea bass are uncertain. 

Projection models used to predict the 

length of the season provide relatively 

wide variations. Consequently, the 

expected effects on for-hire vessel 

profits will also vary widely. Based on 

2008–2012 trip data, the change in the 

recreational black sea bass fishing year 

is expected to change for-hire profits 

anywhere from negative $636,000 to 

positive $167,000 (2011 dollars), 

depending on the model used to project 

the season length. 

Setting the end date for the black sea 

bass recreational fishing season at the 

beginning of each fishing year will in 

effect set a fixed recreational fishing 

season for that year. Relative to the no 

action alternative, this alternative is 

likely to provide an improved economic 

environment for increased short-term 

profits for for-hire vessels, because forhire vessel owners and operators will 

have more flexibility in developing 

better plans (e.g., booking schedules) to 

take advantage of improved fishing 

opportunities. One downside of this 

action is that it tends to increase the 

likelihood of ACL overages because no 

fishing closure will be implemented 

during the fixed season. It cannot be 

determined at this time if a year’s 

increased profits partly due to quota 

overages will more than compensate for 

the following year’s profit reductions 

due to fewer trips taken because of a 

shortened fishing season. 

Changing the commercial fishing year 

for black sea bass to start on January 1 

effectively means that the hook-and-line 

component of the commercial sector 

will have first access to the black sea 

bass resource, because sea bass pots are 

prohibited from November 1 through 

April 30. In addition, the trip limit for 

the hook-and-line component of the 

commercial sector from January 1 

through April 30 will be 300 lb (136 kg); 

in other months when commercial 

harvest of black sea bass is allowed, the 

trip limit for both the sea bass pot and 

hook-and-line components is 

maintained at 1,000 lb (454 kg). While 

the change in the commercial fishing 

year will benefit the hook-and-line 

component in that they could start 

fishing at the beginning of the fishing 

year, the lower trip limit during the 

period of January through April will 

increase the cost per fish harvested for 

that gear type. It cannot be determined 

at this time whether this condition will 

increase the profits of black sea bass 

hook-and-line vessels. Projections on 

the length of the commercial black sea 

bass fishing season show that, in 

general, fishery closures under the new 

fishing year will happen earlier in the 

year than under the no action 

alternative. There is then a possibility 

that vessel revenues will be lower under 

the new fishing year, and it is likely that 

the sea bass pot component of the 

commercial sector will bear a greater 

portion of the revenue loss because of a 

shorter fishing season than the hookand-line component. The magnitude of 

such a loss cannot be estimated beyond 

stating that the revenues under this 

action will be lower relative to that of 

the no action alternative. 

Reducing the commercial trip limit 

for gag from 1,000 lb (454 kg) to 500 lb 

(227 kg), when 75 percent of the 

commercial ACL is projected to be met 

will extend the length of the commercial 

fishing season by about 1 week. It is not 

known if this lengthened season will be 

sufficient for the gag ex-vessel price to 

increase. In the absence of an increased 

ex-vessel price, commercial revenues 

are unlikely to increase. Under this 

condition, there arises the possibility 

that profits per trip will decrease 

because the fishing cost per fish landed 

for those already catching above 500 lb 

(227 kg) will be higher. However, 

maintaining the trip limit at 1,000 lb 

(454 kg) could eventually lead to a 

progressive shortening of the 

commercial season in future years as 

fishermen race to harvest fish before the 

season closes. The reduced trip limit 

will likely favor those catching 300 lb 

(136 kg), or less, on commercial trips as 

they will be able to continue their usual 

fishing activities at relatively the same 

cost and profit per trip during the 

extended fishing season. 

Modifying the recreational AM for 

vermilion snapper will require 

recreational ACL paybacks only if, in 

addition to the stock being overfished as 

in the no action alternative, the total 

vermilion snapper commercial and 

recreational ACLs are exceeded. NMFS 

notes that the revised AM will also 

provide for in-season closures as occurs 

in the no action alternative. Because 

vermilion snapper is currently neither 

overfished nor undergoing overfishing, 

the revision to the recreational AM will 

have no short-term economic effects. 

The following discussion analyzes the 

alternatives that were not selected as 

preferred by the Council, or alternatives 

for which the Council chose the no 

action alternative. 

Three alternatives, including the 

preferred alternative, were considered 

for modifying the commercial and 

recreational fishing years for greater 

amberjack. The first alternative, the no 

action alternative, would maintain the 

May 1 through April 30 commercial and 

recreational fishing year. The second 

alternative would establish a January 1 

through December 31 commercial and 

recreational fishing year for greater 

amberjack. The second alternative 

(January 1–December 31) would allow 

fishermen in south Florida to harvest 

greater amberjack in March through May 

before the fish migrate north in late 

spring. In effect, the first alternative 

(May 1–April 30) would allow south 

Florida fishermen to have access to the 

fish in only 2 months each year; 


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whereas, fishermen in north Florida 

through North Carolina would have 

access to the fish for a much longer 

annual period. Thus, the Council 

rejected these two alternatives because 

the preferred alternative will allow 

fishermen across the South Atlantic 

states more equitable access to the 

fishery resource. 

Five alternatives, including the 

preferred alternative, were considered 

for modifying the recreational fishing 

year for black sea bass. The first 

alternative, the no action alternative, 

would maintain the June 1 through May 

31 recreational fishing year. The second 

alternative would establish a January 1 

through December 31 fishing year; the 

third alternative, an October 1 through 

September 30 fishing year; and, the 

fourth alternative, a May 1 through 

April 30 fishing year. NMFS employed 

several models to project the season 

length for the various alternatives. 

Projected recreational season lengths 

vary widely within and across the 

alternative fishing years and projection 

models. An attempt was made to 

estimate for-hire profits based on 

projected season lengths for the various 

fishing year alternatives. For some 

models, the preferred alternative would 

result in higher for-hire vessel profits 

than any other alternatives, but for other 

projection models, some alternatives 

(e.g., no action alternative) would result 

in higher for-hire profits than the 

preferred alternative. In essence, profit 

estimates were quite uncertain. The 

Council rejected all of the other fishing 

year alternatives because they 

considered them inferior to the 

preferred alternative in reducing 

regulatory discards of black sea bass. 

The preferred recreational fishing year 

of April through March will reduce the 

amount of regulatory discards by 

coinciding with the open seasons for 

species that are commonly caught 

together, such as black sea bass and 

vermilion snapper. 

Four alternatives, including the 

preferred alternative, were considered 

for modifying the recreational AM for 

black sea bass. The first alternative, the 

no action alternative, would prohibit the 

harvest and retention of black sea bass 

if the recreational ACL is met or is 

projected to be met independent of the 

stock status, and would reduce the 

recreational ACL in the following 

fishing year by the amount of the 

recreational ACL overage in the prior 

year. The second alternative would 

require NMFS to annually announce the 

recreational fishing season end date, 

with the season starting on April 1 and 

the end date being determined by 

NMFS’ projection of when the 

recreational annual catch target (ACT) 

would be met. The third alternative is 

the same as the first alternative but 

without the payback provision in the 

event of a recreational ACL overage. 

Comparative economic analysis of the 

various alternatives cannot be 

adequately conducted because of the 

interplay of such factors as an in-season 

AM that affects overages, paybacks in 

case of overages, and a better business 

planning environment (e.g., booking 

trips that would not be cancelled due to 

a quota closure) in a given year. The 

first alternative would provide a 

business planning environment that 

would not be as conducive to generating 

higher for-hire vessel profits as the 

preferred alternative, but would appear 

to have a better chance of limiting 

recreational ACL overages and thus 

avoid a shortening of the following 

year’s fishing season that would have 

adverse effects on for-hire vessel profits. 

The second alternative would likely 

result in lower for-hire profits than the 

preferred alternative, because using the 

recreational ACT for determining the 

end date of the black sea bass 

recreational fishing season would result 

in a shorter fishing season in any given 

year. The third alternative would likely 

result in lower for-hire vessel profits 

than the preferred alternative in a given 

year, but in the event of overages, it 

would likely provide higher for-hire 

vessel profits in the following year 

because it would not require any 

payback for recreational ACL overages. 

The Council selected its preferred 

alternative because it will tend to 

provide more stability to the 

recreational sector and/or higher forhire vessel profits than the other 

alternatives. 

Four alternatives, including the 

preferred alternative, were considered 

for modifying the commercial fishing 

year for black sea bass. The first 

alternative, the no action alternative, 

would maintain the June 1 through May 

31 fishing year, with sea bass pots 

prohibited from November 1 through 

April 30, and a 1,000 lb (454 kg) trip 

limit for both the sea bass pot and hookand-line components. The second 

alternative would differ from the no 

action alternative by establishing a July 

1 through June 30 commercial fishing 

year. The third alternative would differ 

from the no action alternative by setting 

a May 1 through April 30 fishing year. 

In addition, three sub-alternatives, 

including the preferred sub-alternative, 

were considered for a commercial trip 

limit for the hook-and-line component 

from January 1 through April 30 

coinciding with the time that sea bass 

pots are prohibited from harvesting 

black sea bass. The first sub-alternative 

would impose a 100 lb (45 kg) hookand-line trip limit and the second subalternative, a 200 lb (90 kg) hook-andline trip limit. These two subalternatives would tend to increase the 

cost per landed fish more than the 

preferred sub-alternative. The Council 

rejected all of the other fishing year 

alternatives because they were inferior 

to the preferred alternative in 

minimizing regulatory discards of black 

sea bass. The preferred alternative will 

minimize the amount of regulatory 

discards by allowing the harvest of 

black sea bass at the same time as that 

of co-occurring snapper-grouper species. 

Two alternatives, including the 

preferred alternative, and five subalternatives, including the preferred 

sub-alternative, were considered for 

modifying the commercial trip limit for 

gag. Only one other alternative, the no 

action alternative, would retain the 

1,000 lb (454 kg), trip limit for gag 

throughout the fishing year. The other 

trip limits considered to be 

implemented when 75 percent of the 

gag commercial ACL is landed were the 

following: 100 lb (45 kg); 200 lb (90 kg); 

300 lb (136 kg); and 400 lb (180 kg). Cost 

per landed fish would be lower under 

the no action alternative than under the 

preferred alternative, potentially 

resulting in higher vessel profit per trip. 

The Council rejected this alternative 

because it would lead to a shorter 

fishing season for gag and thus presents 

a higher potential to increase discards of 

gag when vessels fish for co-occurring 

snapper-grouper species. The other trip 

limits are lower than the preferred 

alternative so they would tend to 

increase the cost per landed fish and 

might lower vessel profit per trip. 

Four alternatives, including the 

preferred alternative, were considered 

for modifying the recreational AM for 

vermilion snapper. The first alternative, 

the no action alternative, would prohibit 

the recreational harvest of vermilion 

snapper after recreational landings 

reach or are projected to reach the 

recreational ACL and vermilion snapper 

are overfished. In addition, this 

alternative would require a payback 

equal to the amount of the recreational 

ACL overage if recreational landings 

exceed the ACL, regardless of the status 

of the stock. The second alternative 

differs from the no action alternative 

only by not considering the status of the 

stock when imposing the in-season AM. 

The third alternative differs from the no 

action alternative by not considering 

stock status when imposing the inseason AM and removing the payback 

provision. Because vermilion snapper is 


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66322 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Rules and Regulations 

no longer overfished, the various 

alternatives would have the same inseason economic effects. In the event of 

a recreational ACL overage, relative to 

the preferred alternative, the first and 

second alternatives would likely result 

in profit reductions because paybacks 

are made regardless of stock status; 

whereas, the third alternative would 

likely result in less adverse economic 

effects as it would not require paybacks. 

While the recreational sector would be 

economically better off in the short term 

under the third alternative, the Council 

rejected this alternative because 

paybacks are deemed necessary to 

prevent overfishing of the vermilion 

stock. 

The Council also considered three 

alternatives to modify the commercial 

fishing season for vermilion snapper, of 

which they chose the no action 

alternative. The no action alternative 

would maintain the split of the 

commercial fishing year, with January 

through June as the first season and July 

through December as the second season. 

The commercial ACL is currently split 

equally between the two seasons. The 

second alternative, with three subalternatives, would retain the split of 

the fishing year, with 100 percent of the 

new ACL implemented through 

Regulatory Amendment 18 to the FMP 

applied to the second season (78 FR 

47574, August 6, 2013). The three subalternatives would set the start date of 

the second season to either July 1, June 

1, or May 1. The third alternative, with 

three sub-alternatives, would retain the 

split of the fishing year, with 25 percent 

of the new ACL (Regulatory 

Amendment 18) applied to the first 

season and 75 percent to the second 

season. The three sub-alternatives 

would set the start date of the second 

season to either July 1, June 1, or May 

1. The Council chose the no action 

alternative as their preferred alternative 

because they considered it as the best 

choice among the fishing year 

alternatives to minimize regulatory 

discards of vermilion snapper by those 

that fish for co-occurring snappergrouper species. 

An item contained in this rule that is 

not part of Regulatory Amendment 14 is 

the removal of the requirement that all 

other SASWG are prohibited from 

harvest when the gag commercial ACL 

is met or projected to be met. This 

action was inadvertently left out of the 

final rule implementing Regulatory 

Amendment 15 to the FMP (78 FR 

49183, August 13, 2013). The economic 

consequences of this action were 

previously analyzed in Regulatory 

Amendment 15. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as small entity compliance 

guides. As part of the rulemaking 

process, NMFS prepared a fishery 

bulletin, which also serves as a small 

entity compliance guide. The fishery 

bulletin will be sent to all interested 

parties. 

List of Subjects in 50 CFR Part 622 

Black sea bass, Fisheries, Fishing, 

Gag, Greater amberjack, South Atlantic, 

Snapper-Grouper, Vermilion snapper. 

Dated: November 4, 2014. 

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 amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.7, paragraphs (d) and (e) 

are revised to read as follows: 

§ 622.7 Fishing years. 

* * * * * 

(d) South Atlantic greater 

amberjack—March 1 through the end of 

February. 

(e) South Atlantic black sea bass 

recreational sector—April 1 through 

March 31. (Note: The fishing year for the 

commercial sector for black sea bass is 

January 1 through December 31). 

■ 3. In § 622.190, paragraph (a)(5) is 

revised and paragraph (c)(1)(iii) is 

removed to read as follows: 

§ 622.190 Quotas. 

* * * * * 

(a) * * * 

(5) Black sea bass. (i) For the 2014, 

2015, and 2016 fishing years—661,034 

lb (299,840 kg), gutted weight; 780,020 

lb (353,811 kg), round weight. 

(ii) For the 2017 fishing year and 

subsequent fishing years-640,063 lb 

(290,328 kg), gutted weight; 755,274 lb 

(342,587 kg), round weight. 

* * * * * 

■ 4. In § 622.191, paragraphs (a)(7) and 

(8) are revised to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(7) Gag. (i) Until 75 percent of the 

quota specified in § 622.190(a)(7) is 

reached—1,000 lb (454 kg), gutted 

weight, 1,180 lb (535 kg), round weight. 

(ii) After 75 percent of the quota 

specified in § 622.190(a)(7) is reached or 

projected to be reached—500 lb (227 

kg), gutted weight, 590 lb (268 kg), 

round weight. When the conditions in 

this paragraph (a)(7)(ii) have been met, 

the Assistant Administrator will 

implement this trip limit change by 

filing a notification with the Office of 

the Federal Register. 

(iii) See § 622.190(c)(1) for the 

limitations regarding gag after the quota 

is reached. 

(8) Black sea bass. (i) Hook-and-line 

component. (A) From January 1 through 

April 30, until the applicable quota 

specified in § 622.190(a)(5) is reached— 

300 lb (136 kg), gutted weight; 354 lb 

(161 kg), round weight. 

(B) From May 1 through December 31, 

until the applicable quota specified in 

§ 622.190(a)(5) is reached—1,000 lb (454 

kg), gutted weight; 1,180 lb (535 kg), 

round weight. 

(ii) Sea bass pot component. From 

May 1 through October 31, until the 

applicable quota specified in 

§ 622.190(a)(5) is reached—1,000 lb (454 

kg), gutted weight; 1,180 lb (535 kg), 

round weight. See § 622.183(b)(6) 

regarding the November 1 through April 

30 seasonal closure of the commercial 

black sea bass pot component of the 

snapper-grouper fishery. 

(iii) See § 622.190(c)(1) for the 

limitations regarding black sea bass after 

the applicable quota is reached. 

* * * * * 

■ 5. In § 622.193, paragraphs (e)(2) and 

(f)(2)(i) and (ii) are revised to read as 

follows: 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(e) * * * 

(2) Recreational sector. The 

recreational ACL for black sea bass is 

876,254 lb (397,462 kg), gutted weight, 

1,033,980 lb (469,005 kg), round weight 

for the 2013–2014, 2014–2015, and 

2015–2016 fishing years and 848,455 lb 

(384,853 kg), gutted weight, 1,001,177 lb 

(454,126 kg), round weight for the 2016– 

2017 fishing year and subsequent 

fishing years. NMFS will project the 

length of the recreational fishing season 

based on when NMFS projects the 

recreational ACL specified in this 

paragraph is expected to be met and 

announce the recreational fishing 


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season end date in the Federal Register 

prior to the start of the recreational 

fishing year on April 1. On and after the 

effective date of the recreational closure 

notification, the bag and possession 

limit for black sea bass in or from the 

South Atlantic EEZ is zero. 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 snappergrouper has been issued, without regard 

to where such species were harvested, 

i.e. in state or Federal waters. 

* * * * * 

(f) * * * 

(2) Recreational sector. (i) If 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the applicable recreational ACL 

specified in paragraph (f)(2)(iv) of this 

section the AA will file a notification 

with the Office of the Federal Register 

to close the recreational sector for 

vermilion snapper for the remainder of 

the fishing year. On and after the 

effective date of such notification, the 

bag and possession limit for vermilion 

snapper in or from the South Atlantic 

EEZ is zero. This bag and possession 

limit also 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 the combined vermilion snapper 

commercial and recreational landings 

exceed the combined vermilion snapper 

ACLs specified in paragraphs (f)(1) and 

(f)(2)(iv) of this section, and vermilion 

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 recreational ACL for that 

following year by the amount of the 

recreational overage in the prior fishing 

year. 

* * * * * 

[FR Doc. 2014–26501 Filed 11–6–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 130903775–4276–02] 

RIN 0648–XD603 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fishery; Notification of 

Butterfish Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS transfers quota to the 

2014 butterfish domestic annual harvest 

allocation from the butterfish mortality 

cap on the longfin squid fishery in order 

to prevent an overage of the directed 

butterfish fishery. This action complies 

with the 2014 specifications and 

management measures for the Atlantic 

Mackerel, Squid and Butterfish Fishery 

Management Plan. 

DATES: Effective November 3, 2014, 

through December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Aja 

Szumylo, Fishery Policy Analyst, (978) 

281–9195. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the butterfish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of the overfishing limit, 

acceptable biological catch (ABC), 

annual catch limit (ACL), domestic 

harvest and processing (DAH and DAP), 

and butterfish mortality cap on the 

longfin squid fishery. The 2014 

butterfish DAH for the directed 

butterfish fishery was set as 3,200 mt, 

and the butterfish mortality cap on the 

longfin squid fishery was set at 3,844 mt 

(79 FR 18834, April 4, 2014). The 

regulations allow NMFS to transfer up 

to 50 percent of any unused butterfish 

allocation from the butterfish mortality 

cap allocation to the butterfish domestic 

annual harvest (DAH) if harvest of 

butterfish in the directed butterfish 

fishery is likely to exceed the DAH, and 

provided the transfer of butterfish from 

the butterfish mortality cap allocation 

does not increase the likelihood of 

closing the longfin squid fishery due to 

the harvest of the butterfish mortality 

cap. When such a determination is 

made, NMFS is required to publish a 

notification in the Federal Register to 

adjust the butterfish DAH and butterfish 

mortality cap. 

NMFS has determined that only 12 

percent of the butterfish mortality cap 

has been harvested as of October 30, 

2014, that 86 percent of the butterfish 

DAH has been harvested, and that the 

butterfish mortality cap will not be 

exceeded if 50 percent of the allocation 

is transferred to the butterfish DAH. 

Therefore, effective immediately, 1,900 

mt will be transferred from the 

butterfish mortality cap to the butterfish 

DAH in order to prevent a DAH overage, 

and to allow for the continued operation 

of the directed butterfish fishery. The 

adjusted butterfish mortality cap on the 

longfin squid fishery is 1,984 mt, and 

the adjusted butterfish DAH is 5,100 mt. 

The three-phase management system for 

butterfish still applies to the directed 

butterfish fishery, meaning that, during 

November and December, the fishery 

will move to phase 2 (i.e., the 

possession limit for the directed fishery 

will be reduced to 5,000 mt for vessels 

fishing with greater than 3 inch (76 mm) 

mesh) when the butterfish harvest 

reaches 82 percent of the DAH (4,182 

mt). Similarly, the closure threshold for 

the butterfish mortality cap on the 

longfin squid fishery would still apply, 

meaning that the directed longfin squid 

fishery would be closed if butterfish 

discards reach 1,885 mt (95 percent of 

the 1,984 mt butterfish mortality cap). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it is 

impracticable and contrary to the public 

interest. This action increases the 

butterfish DAH by 1,900 mt (from 3,200 

mt to 5,100 mt) through December 31, 

2014. The regulations at § 648.24(c)(5) 

allow for a transfer of allocation from 

the butterfish mortality cap to the 

butterfish DAH to allow for efficient 

utilization of the butterfish resource. 

The butterfish fishing year extends from 

January 1 to December 31. Data indicate 

that, as of October 30, 2014, 86 percent 

of the butterfish DAH has been 

harvested. For the month of October, 

vessels participating in the directed 

butterfish fishery have been able to 

harvest an average of 51,000 lb (19 mt) 

per day, or close to 350,000 lb (131 mt) 

per week. The longfin squid fishery has 

harvested butterfish discards, which 

count against the butterfish mortality 

cap, at a very slow rate this year. As of 

October 30, 2014, only 12 percent of the 

butterfish mortality cap on the longfin 

squid fishery has been harvested, 


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