[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Proposed Rules]
[Pages 72567-72571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28626]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-4988-01]
RIN 0648-BE55


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 29

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 29 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP) (Amendment 29), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). If implemented, 
Amendment 29 and this rule would revise annual catch limits (ACLs) and 
recreational annual catch targets (ACTs) for four unassessed snapper-
grouper species and three snapper-grouper species complexes based on an 
update to the acceptable biological catch (ABC) control rule and 
revised ABCs for 14 snapper-grouper stocks. Additionally, this proposed 
rule would revise management measures for gray triggerfish in Federal 
waters in the South Atlantic region, including modifying minimum size 
limits, establishing a split commercial season, and establishing a 
commercial trip limit. The purpose of this rule is to revise ACLs and 
recreational ACTs for select snapper-grouper species using the best 
scientific information available, and to address concerns about 
inconsistent minimum size limits among states, and early harvest 
closures in the commercial sector for gray triggerfish.

DATES: Written comments must be received on or before January 7, 2015.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0132'' by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0132, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Karla Gore, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 29, which includes an environmental 
assessment, an initial regulatory flexibility analysis (IRFA) and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305, 
or email: <a href="/cdn-cgi/l/email-protection#6d060c1f010c430a021f082d03020c0c430a021b"><span class="__cf_email__" data-cfemail="fa919b88969bd49d95889fba94959b9bd49d958c">[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 Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

Background

    The Council's Scientific and Statistical Committee (SSC) has 
recommended revising the Council's ABC control rule to incorporate new 
methodology for species without assessments but for which there are 
reliable catch data. Amendment 29 updates the ABC control rule for 
unassessed stocks and revises the ABCs for 14 snapper-grouper species 
through application of the new control rule. Amendment 29 and this 
proposed rule would revise ACLs and recreational ACTs for three 
snapper-grouper species complexes and four snapper-grouper species 
based on the revised ABCs. The Council's SSC determined that these 
management measures are based on the best scientific information 
available.
    A stock assessment for the South Atlantic stock of gray triggerfish 
was initiated in 2013 but completion of the

[[Page 72568]]

assessment has been postponed until 2015. Meanwhile, fishermen have 
approached the Council with requests for management measures due to 
concerns about early closures in the commercial sector and the stock 
status of gray triggerfish. While the Council had intended to wait for 
the results of the stock assessment to make changes to management 
measures for this stock, the unforeseen delays in the assessment 
prompted the Council to be proactive and consider management measures 
in Amendment 29. These management measures include modifying minimum 
size limits for gray triggerfish, and establishing a split commercial 
season, and a commercial trip limit for gray triggerfish.

Management Measures Contained in This Proposed Rule

    This rule would revise ACLs for three species complexes and four 
snapper-grouper species based on the Council's updated ABC control rule 
and the adjusted ABCs for unassessed species contained in Amendment 29. 
In addition, this rule would revise management measures for gray 
triggerfish in Federal waters of the South Atlantic region.

Amendment 29 To Update the ABC Control Rule

    Amendment 29 modifies the ABC control rule to use the Only Reliable 
Catch Stocks (ORCS) approach, recommended by the Council's SSC, to 
calculate ABC values for unassessed stocks for which there is only 
reliable catch information available. The approach involved selection 
of a ``catch statistic'' based on the maximum landings from 1999-2007, 
similar to the period of landings used in the Council's Comprehensive 
ACL Amendment, and to minimize the impact of a decrease in landings 
that may have been caused by the economic downturn and the effect of 
recent regulations. The catch statistic was then multiplied by a scalar 
(number) ranging from 1.25 to 2, based on SSC consensus and expert 
judgment, to denote the stock's risk of overexploitation (how likely 
the stock is to become overfished), and a scalar ranging from 0.50 to 
0.90 to denote the stock's management risk level. The SSC provided the 
first two criteria for each stock at issue and the Council developed 
the risk tolerance level. The amendment employed the ORCS approach to 
revise ABC values for the following unassessed snapper-grouper species: 
Bar jack, margate, red hind, cubera snapper, yellowedge grouper, silk 
snapper, Atlantic spadefish, gray snapper, lane snapper, rock hind, 
tomtate, white grunt, scamp, and gray triggerfish.

Revise Annual Catch Limits for Select Species

    This rule would revise the ACLs for three species complexes and 
four snapper-grouper species based on the revised ABCs using the ORCS 
approach. In Amendment 29, the Council defines ACL = OY = ABC for the 
snappers complex, grunts complex, shallow-water complex, bar jack, 
Atlantic spadefish, and gray triggerfish. For scamp, the Council chose 
to revise the definition to ACL = OY = 0.90(ABC) to provide more of a 
buffer between the ABC and the ACL for scamp due to concerns about 
stock status of scamp.
    The specified sector allocations and the recreational ACT 
definitions for the snapper-grouper species contained in Amendment 29 
would not change from those established in the Comprehensive ACL 
Amendment (77 FR 15916, March 16, 2012).

Modify Minimum Size Limit for Gray Triggerfish

    This rule would establish a 12-inch (30.5-cm), fork length (FL) 
minimum size limit for gray triggerfish in Federal waters off North 
Carolina, South Carolina, and Georgia for both the commercial and 
recreational sectors. This rule would also increase the minimum size 
limit for gray triggerfish off the east coast of Florida from 12 inches 
(30.5 cm), total length to 14 inches (35.6 cm), FL, for both the 
commercial and recreational sectors, which is consistent with the 
commercial and recreational minimum size limit in place for this 
species off the west coast of Florida, however, this is inconsistent 
with the 12-inch (30.5-cm) FL minimum size limit for gray triggerfish 
in state waters off the east coast of Florida. The rationale for 
increasing the minimum size limit to 14 inches (35.6 cm), FL, off the 
east coast of Florida is to implement consistent regulations for 
fishermen in South Florida, specifically off the Florida Keys. The 
Florida Fish and Wildlife Commission is expected to discuss 
implementing compatible regulations for state waters off the east coast 
of Florida.

Establish a Split Commercial Season for Gray Triggerfish

    The fishing year for gray triggerfish begins on January 1. Weather 
conditions can be poor off North Carolina and South Carolina during the 
early part of the year making fishing for gray triggerfish difficult. 
This rule would divide the annual commercial fishing season for gray 
triggerfish into two six-month fishing seasons to provide opportunities 
to fish for gray triggerfish throughout the South Atlantic and 
throughout the calendar year. This rule proposes to allocate 50 percent 
of the commercial gray triggerfish ACL for the time period January 1 
through June 30, and 50 percent for the time period July 1 through 
December 31. As a result, the commercial ACL would be divided into two 
seasonal quotas of equal amounts of 156,162 lb (70,834 kg), round 
weight. When the quota is reached for a given season, the commercial 
sector would close. In addition, any unused portion of the quota from 
the first season would be added to the quota in the second season. Any 
unused portion of the quota specified in the second season, including 
any addition of quota from the first season, would become void and 
would not be added to any subsequent quota.

Establish a Commercial Trip Limit for Gray Triggerfish

    This rule would establish a commercial trip limit of 1,000 lb (454 
kg), round weight, for gray triggerfish, in order to extend the 
commercial fishing season for this species.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 29, the FMP, the Magnuson-Stevens Act and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA for this rule, as required by section 603 of 
the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the 
economic impact that this proposed rule, if implemented, would have on 
small entities. A description of the action, why it is being 
considered, and the objectives of and legal basis for this action are 
contained in the preamble. A copy of the full analysis is available 
from the NMFS (see ADDRESSES). A summary of the IRFA follows.
    The proposed changes to management measures would directly apply to 
businesses in the finfish fishing industry (NAICS 114111) that harvest 
Atlantic spadefish, bar jack, gray triggerfish, scamp, and species of 
the grunts, shallow-water groupers, and snapper complexes of the South 
Atlantic snapper-grouper fishery. The proposed changes would also 
directly apply to anglers; however, anglers aboard for-hire fishing or 
private and

[[Page 72569]]

leased vessels are not considered small entities as that term is 
defined in 5 U.S.C. 601(6).
    Every commercial fishing vessel in the South Atlantic snapper-
grouper fishery must have a valid commercial snapper-grouper vessel 
permit, which is a limited access permit for either an unlimited 
quantity of pounds per trip or up to 225 lb (102.1 kg) round weight 
(whole weight) per trip (a 225-lb (102.1-kg) whole weight trip-limited 
permit). It is estimated that up to 613 commercial fishing businesses 
own these vessels.
    According to Small Business Act Size Standards, a business in the 
finfish fishing industry is small if its annual receipts are less than 
$20.5 million. It is expected that a substantial number of the 
commercial finfish fishing businesses are small businesses.
    Two proposed changes are administrative actions and, as such, do 
not have a direct economic impact on any small entity. None of the 
proposed changes would impose additional reporting or record-keeping 
requirements on small businesses.
    The proposed increases in the commercial ACLs for Atlantic 
spadefish and the shallow-water groupers and snappers complexes are 
expected to have no impact on annual landings of and dockside revenues 
from those species/complexes because baseline landings are less than 
the current ACLs. The proposed decreases in the commercial ACLs for 
scamp and the grunts complex are also expected to have no impact on 
annual landings or dockside revenues because baseline landings are less 
than the current and proposed ACLs.
    The proposed increase in the commercial ACL for gray triggerfish is 
expected to increase annual landings of gray triggerfish by 22,978 lb 
(10,423 kg) to 34,726 lb (15,751 kg) whole weight and dockside revenues 
from those landings from $44,118 to $66,674. The proposed increase in 
the commercial ACL for bar jack would increase landings of bar jack 
from 0 lb (0 kg) to 1,429 lb (648 kg) whole weight and dockside revenue 
from those landings from $0 to $1,943. The combined impact of those 
increases would be an annual economic benefit from $44,118 to $68,617 
(2013 dollars). The average annual benefit per commercial finfish 
business would range from $72 to $112.
    The proposed minimum size limits for gray triggerfish would reduce 
commercial landings of the species. Two baselines are used to estimate 
the range of the adverse economic impact of this action. Under baseline 
1, the total loss of annual dockside revenue from gray triggerfish 
landings would range from $14,775 to $29,654, while it would range from 
$21,586 to $39,609 under baseline 2. When that adverse impact is 
combined with the beneficial economic impact from the increase in the 
commercial ACL for gray triggerfish, there would be a net increase in 
annual dockside revenue from $22,532 to $37,020 (2013 dollars) from 
gray triggerfish landings.
    The combined economic impact of the gray triggerfish size limit and 
increase in the commercial ACL would not be the same across the states. 
There would be a net economic benefit in Georgia, North Carolina, and 
South Carolina and a net economic cost in Florida. Businesses in 
Florida would incur a combined annual loss ranging from $135 to $11,661 
(2013 dollars) and the average annual loss of dockside revenue from the 
combined actions would range from $0.3 to $26 per Florida business. 
Businesses in Georgia, North Carolina, and South Carolina would incur a 
combined annual benefit ranging from $33,435 to $38,726 (2013 dollars), 
and the average annual net benefit would range from $201 to $233 per 
business.
    The proposed division of the commercial gray triggerfish season 
into two 6-month seasons is expected to have no beneficial or adverse 
economic impact beyond the status quo. However, the divided commercial 
season would provide fishermen increased opportunity to fish for gray 
triggerfish in the summer months when weather conditions are more 
favorable.
    The proposed 1,000-lb (454-kg) whole weight commercial trip limit 
is not expected to affect annual landings and dockside revenues from 
those landings, but instead would increase the numbers of trips and 
days with gray triggerfish landings during a fishing year. The trip 
limit would not affect commercial fishing vessels equally. It is 
estimated that 2.29 percent of trips currently land more than 1,000 lb 
(454 kg) whole weight. Vessels that make those trips may experience 
economies of scale by landing more than 1,000 lb (454 kg) whole weight, 
and the trip limit would decrease their net revenue per pound by 
increasing their average cost per pound.
    A considered but not adopted alternative of Action 3 would have set 
a larger commercial ACL for scamp and smaller commercial ACLs for the 
other species/complexes, particularly bar jack and gray triggerfish, 
which would yield smaller beneficial economic impacts than the 
preferred alternative. Two other considered but not adopted 
alternatives would further reduce the beneficial impacts.
    A larger minimum size limit for gray triggerfish in Federal waters 
off Georgia, North Carolina, and South Carolina was considered but not 
adopted for Action 4. It would have a larger adverse economic impact on 
small businesses that harvest gray triggerfish in Federal waters off 
North Carolina, South Carolina and, Georgia. A smaller minimum size 
limit for gray triggerfish in Federal waters off Florida was considered 
but not adopted although it would have a smaller adverse economic 
impact on small businesses of Florida than the preferred alternative. A 
considered but not adopted alternative of Action 5 would have allocated 
a smaller percentage (40 percent) of the commercial ACL to the first 
half of the season and larger percentage (60 percent) to the second 
half, which would result in smaller economic benefits in the first half 
of the year and larger economic benefits in the second half. However, 
there would be no expected difference in annual landings and dockside 
revenues across the various alternatives.
    A lower trip limit was considered but not adopted for Action 6, 
which would yield smaller dockside revenues per trip. Another 
considered but not adopted alternative would have established a higher 
commercial trip limit; however, it would also have allowed for a higher 
rate of landings and likely shorter open seasons. There would be no 
expected difference in annual landings and dockside revenues across the 
various alternatives.

List of Subjects in 50 CFR Part 622

    Annual Catch Limit, Annual Catch Target, Commercial Trip Limits, 
Fisheries, Fishing, Quotas, Size Limits, Snapper-Grouper, South 
Atlantic.

    Dated: November 25, 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 
proposed to be amended as follows:

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

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

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

0
2. In Sec.  622.185, paragraph (c)(2) is revised to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (c) * * *
    (2) Gray triggerfish--(i) In the South Atlantic EEZ off Florida--14 
inches (35.6 cm), FL.

[[Page 72570]]

    (ii) In the South Atlantic EEZ off North Carolina, South Carolina, 
and Georgia--12 inches (30.5 cm), FL.
* * * * *
0
3. In Sec.  622.190, paragraph (a)(8) is added and paragraph (c)(1) 
introductory text is revised to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (8) Gray triggerfish. (i) For the period January through June each 
year--156,162 lb (70,834 kg), round weight.
    (ii) For the period July through December each year--156,162 lb 
(70,834 kg), round weight.
    (iii) Any unused portion of the quota specified in paragraph 
(a)(8)(i) of this section will be added to the quota specified in 
paragraph (a)(8)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(8)(ii) of this section, including any 
addition of quota specified in paragraph (a)(8)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *
    (c) * * *
    (1) South Atlantic gag, greater amberjack, snowy grouper, golden 
tilefish, vermilion snapper, black sea bass, red porgy, wreckfish, and 
gray triggerfish.
* * * * *
0
4. In Sec.  622.191, paragraph (a)(10) is added to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (10) Gray triggerfish. Until the applicable quota specified in 
either Sec.  622.190(a)(8)(i) or (ii) is reached, 1,000 lb (454 kg), 
round weight. See Sec.  622.190(c)(1) for the limitations regarding 
gray triggerfish after either quota specified in Sec.  622.190(a)(8)(i) 
or (ii) is reached or projected to be reached.
* * * * *
0
5. In Sec.  622.193, the first sentence of paragraphs (i)(1)(i), 
(i)(2), (j)(1)(i), (j)(2), (m)(1)(i), (m)(2), (p)(1)(i), (p)(2), 
(q)(1)(i), (q)(2), (t)(1)(i), and (t)(2) are revised; paragraph (x) is 
revised; and the heading for paragraph (p) is revised to read as 
follows:


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

* * * * *
    (i) * * *
    (1) * * *
    (i) If commercial landings for scamp, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 219,375 lb 
(99,507 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) Recreational sector. If recreational landings for scamp, as 
estimated by the SRD, exceed the recreational ACL of 116,369 lb (52,784 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
    (j) * * *
    (1) * * *
    (i) If commercial landings for other SASWG, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 55,542 lb 
(25,193 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for this 
complex for the remainder of the fishing year. * * *
* * * * *
    (2) Recreational sector. If recreational landings for other SASWG, 
as estimated by the SRD, exceed the recreational ACL of 48,648 lb 
(22,066 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. * * *
* * * * *
    (m) * * *
    (1) * * *
    (i) If commercial landings for bar jack, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 13,228 lb (6,000 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for the remainder 
of the fishing year. * * *
* * * * *
    (2) Recreational sector. If recreational landings for bar jack, as 
estimated by the SRD, exceed the recreational ACL of 49,021 lb (22,236 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. * * *
* * * * *
    (p) Other snappers complex (including cubera snapper, gray snapper, 
lane snapper, dog snapper, and mahogany snapper)--
    (1) * * *
    (i) If commercial landings combined for this other snappers 
complex, as estimated by the SRD, reach or are projected to reach the 
complex commercial ACL of 344,884 lb (156,437 kg), round weight, the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for this complex for the remainder of the 
fishing year. * * *
* * * * *
    (2) Recreational sector. If the combined recreational landings for 
this other snappers complex, as estimated by the SRD, exceed the 
recreational ACL of 1,172,832 lb (531,988 kg), round weight, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the AA will file a notification with the Office of the Federal 
Register, to reduce the length of the following recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL for this complex in the following fishing 
year. * * *
    (q) * * *
    (1) * * *
    (i) If commercial landings for gray triggerfish, as estimated by 
the SRD, reach or are projected to reach the applicable commercial ACL 
(commercial quota) specified in Sec.  622.190(a)(8)(i) or (ii), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for that portion of the fishing year 
applicable to the respective quota.
* * * * *
    (2) Recreational sector. If recreational landings for gray 
triggerfish, as estimated by the SRD, exceed the recreational ACL of 
404,675 lb (183,557 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational

[[Page 72571]]

landings do not exceed the recreational ACL in the following fishing 
year. * * *
* * * * *
    (t) * * *
    (1) * * *
    (i) If commercial landings for Atlantic spadefish, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 150,552 
lb (68,289 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. * * *
* * * * *
    (2) Recreational sector. If recreational landings for Atlantic 
spadefish, as estimated by the SRD, exceed the recreational ACL of 
661,926 lb (300,245 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. * * *
* * * * *
    (x) Grunts complex (including white grunt, sailor's choice, 
tomtate, and margate)--(1) Commercial sector. (i) If commercial 
landings for the grunts complex, as estimated by the SRD, reach or are 
projected to reach the commercial complex ACL of 217,903 lb (98,839 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for this complex 
for the remainder of the fishing year. On and after the effective date 
of such a notification, all sale or purchase of the grunts complex, is 
prohibited, and harvest or possession of these species in or from the 
South Atlantic EEZ is limited to the bag and possession limit. This bag 
and possession limit applies in the South Atlantic on board a vessel 
for which a valid Federal 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 commercial landings for the grunts complex 
exceed the ACL, and at least one of the species in the complex is 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (2) Recreational sector. If recreational landings for the grunts 
complex, as estimated by the SRD, exceed the recreational ACL of 
618,122 lb (280,375 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season for the grunts 
complex by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year. However, the 
length of the recreational season will not be reduced during the 
following fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
* * * * *
[FR Doc. 2014-28626 Filed 12-5-14; 8:45 am]
BILLING CODE 3510-22-P


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