[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66316-66323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26501]


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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; 
Snapper-Grouper 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.

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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 snapper-
grouper 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: <a href="/cdn-cgi/l/email-protection#16787f7d7e7f7a387b737e6277567879777738717960"><span class="__cf_email__" data-cfemail="bdd3d4d6d5d4d193d0d8d5c9dcfdd3d2dcdc93dad2cb">[email protected]</span></a>.

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 hook-and-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 socio-economic 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

[[Page 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 in-season 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 Snapper-Grouper 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

[[Page 66318]]

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 co-occurring 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 socio-economic 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 snapper-grouper 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

[[Page 66319]]

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, record-keeping, 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 for-hire 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 snapper-
grouper 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 snapper-grouper 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 snapper-
grouper 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

[[Page 66320]]

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 in-season AM 
for the greater amberjack recreational sector. This will result in 
higher profits to for-hire vessels in a current fishing year. However, 
the post-season 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 for-hire 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 hook-and-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;

[[Page 66321]]

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 for-hire 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 hook-and-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) hook-and-line trip limit and the second sub-alternative, a 
200 lb (90 kg) hook-and-line trip limit. These two sub-alternatives 
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 
sub-alternatives, 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 in-season AM and 
removing the payback provision. Because vermilion snapper is

[[Page 66322]]

no longer overfished, the various alternatives would have the same in-
season 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 sub-alternatives, 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 sub-alternatives 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 snapper-grouper 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

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.  622.7, paragraphs (d) and (e) are revised to read as 
follows:


Sec.  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).

0
3. In Sec.  622.190, paragraph (a)(5) is revised and paragraph 
(c)(1)(iii) is removed to read as follows:


Sec.  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.
* * * * *

0
4. In Sec.  622.191, paragraphs (a)(7) and (8) are revised to read as 
follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (7) Gag. (i) Until 75 percent of the quota specified in Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  622.190(a)(5) is reached--1,000 
lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. See Sec.  
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 Sec.  622.190(c)(1) for the limitations regarding black 
sea bass after the applicable quota is reached.
* * * * *

0
5. In Sec.  622.193, paragraphs (e)(2) and (f)(2)(i) and (ii) are 
revised to read as follows:


Sec.  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

[[Page 66323]]

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 snapper-grouper 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


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