[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34892-34903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14850]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 622

[Docket No. 110422261-1309-02]
RIN 0648-BA70


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Snapper-Grouper 
Management Measures

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement the approved actions 
identified in a regulatory amendment (Regulatory Amendment 9) to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP) prepared by the South Atlantic Fishery Management 
Council (Council). This final rule reduces the recreational bag limit 
for black sea bass, increases the commercial trip limit for greater 
amberjack, and establishes commercial trip limits for vermilion snapper 
and gag. This rule also implements a minor revision to the mailing 
address for the NMFS Southeast Regional Administrator (RA), revises 
commercial trip limit codified text for greater amberjack to be 
consistent with respect to the commercial quota, and corrects two 
closed area coordinates published in a previous rulemaking. The 
intended effect of this final rule is to address derby-style fisheries 
for black sea bass, gag, and vermilion snapper while reducing the rate 
of harvest to extend the fishing seasons of these three species, to 
achieve optimum yield (OY) for greater amberjack, and to implement 
technical corrections to the regulations.

DATES: This rule is effective July 15, 2011, except for the amendment 
to Sec.  622.39, which is effective June 22, 2011.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes an environmental assessment, a regulatory impact review, and a 
regulatory flexibility act analysis may be obtained from the Southeast 
Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.

FOR FURTHER INFORMATION CONTACT: Kate Michie, 727-824-5305, e-mail: 
[email protected].

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).
    On April 29, 2011, NMFS published a proposed rule for Regulatory 
Amendment 9 and requested public comment (76 FR 23930). The proposed 
rule and the regulatory amendment outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule are provided below.
    This final rule sets the black sea bass recreational bag limit at 
5-fish per person per day. This bag limit is projected to slow the rate 
of recreational harvest to allow for a longer recreational fishing 
season. The effective date for the implementation of the bag limit 
reduction is June 22, 2011, which is earlier than the effective date 
for the other actions within this final rule. This earlier date of 
implementation will allow for adequate notice to recreational fishers 
to plan their fishing activities without delaying the implementation of 
the bag limit reduction, and will minimize unnecessary economic impacts 
to snapper-grouper fisherman by allowing for a longer fishing season 
and more fishing trips.
    To increase the probability of the greater amberjack commercial 
sector achieving OY, this final rule increases the commercial trip 
limit to 1,200 lb (544 kg). This increased trip limit is expected to 
increase harvest opportunities within the commercial sector.
    This final rule implements commercial trip limits for vermilion 
snapper and gag. These commercial trip limits are intended to slow the 
rate of harvest, extend commercial harvest opportunities during the 
fishing year, and reduce the risk of commercial quota closures early in 
the fishing year.
    This final rule also revises an outdated mailing address for the 
NMFS Southeast Regional Administrator (RA) and corrects two closed area 
coordinates published in the final rule implementing Comprehensive 
Ecosystem-Based Amendment 1 in the South Atlantic (CE-BA1) (75 FR 
35330, June 22, 2010). The final rule for CE-BA1 contained one 
latitudinal and one longitudinal coordinate that were incorrectly 
identified. These additional measures are unrelated to the actions 
contained in Regulatory Amendment 9.

[[Page 34893]]

Partial Approval of Regulatory Amendment 9

    Under the Magnuson-Stevens Act, the Secretary of Commerce 
(Secretary) may approve, disapprove or partially approve an amendment 
upon submission of an amendment by the Council. The Secretary shall 
disapprove or partially approve an amendment if the Secretary finds 
that the amendment, or parts of the amendment, are inconsistent with 
the requirements of applicable law.
    NMFS disapproved the proposed management measure that would have 
implemented split season quotas for commercial black sea bass because 
it finds the administrative record for that measure insufficient under 
the Administrative Procedure Act because NMFS received additional 
information that impacted its decision to implement a split season 
quota. The Council had proposed splitting the commercial quota into two 
6-month seasons; from June-November the quota would be 128,547 lb 
(58,308 kg), and from December-May the quota would be 180,453 lb 
(81,852 kg), and any unharvested quota from the June-November season 
would be added to the quota for the following December-May season. 
During the comment period on the proposed rule, NMFS received several 
comments opposed to the split season quota. Two commenters were 
concerned about the proposed measure's possible negative impacts on 
North Atlantic right whales. North Atlantic right whales are listed as 
endangered under the Endangered Species Act, and the commenters 
indicated that right whales may be at particular risk to entanglement 
with vertical lines in the South Atlantic exclusive economic zone 
(EEZ). Splitting the commercial black sea bass quota to specifically 
allow for fishing in December through May would result in the presence 
of numerous vertical black sea bass pot buoy lines within the North 
Atlantic right whale winter migration route along the Southeast coast. 
The commenter additionally cited recent information from an April 2011 
Atlantic Large Whale Take Reduction Team (ALWTRT) meeting that 
validated there is a risk to North Atlantic right whales from vertical 
black sea bass buoy gear in the South Atlantic EEZ. Another commenter 
indicated that implementation of a split season would increase the 
derby nature of the black sea bass commercial sector.
    The information in these comments led NMFS to reconsider 
information regarding marine mammal entanglements in black sea bass pot 
gear. Recent scientific information suggests North Atlantic right 
whales are potentially more vulnerable to entanglements in South 
Atlantic fisheries gear than previously thought. New data suggest the 
coastal waters of South Carolina, North Carolina, and possibly Virginia 
may be used as birthing and calving areas for right whales, and that 
some right whales make multiple intra-season trips between the U.S. 
Northeast and Southeast regions. Saving the largest portion of the 
black sea bass commercial quota for the December through May time 
period would reintroduce vertical black sea bass pot buoy lines during 
the time of the year when the right whales are transiting and residing 
off the South Atlantic coast, and would undermine the ongoing efforts 
of the ALWTRT to reduce the entanglement risk for large whales.
    Thus, while the administrative record for Regulatory Amendment 9 
now contains the information discussed above, it is clear that the 
Council did not have the opportunity to consider this information prior 
to making their decision to approve the split season, thus overlooking 
an important aspect of the implications of a split season 
implementation. Therefore, after considering public comments opposed to 
the split season for socio-economic reasons, concerns undermining the 
efforts of the ALWTRT to reduce the risk of entanglement to large 
whales, and new information that has become available from the ALWTRT, 
NMFS has disapproved the commercial black sea bass split season action 
within Regulatory Amendment 9, and is not implementing that provision 
as indicated in the proposed rule.
    As a result of the partial approval of Regulatory Amendment 9, the 
quota for the black sea bass commercial sector remains at 309,000 lb 
(140,160 kg) for the entire fishing year of June through May.

Comments and Responses

    The following is a summary of the comments NMFS received on the 
proposed rule and Regulatory Amendment 9, and NMFS's respective 
responses. During the comment period, NMFS received a total of 22 
comments from individuals, state and Federal agencies, and fishing 
associations. Of the 22 comments, two comments expressed general 
support, and eight individual comments opposed one or more actions 
contained in Regulatory Amendment 9. Two environmental organizations 
both provided a comment that was similar in its intent opposing one of 
the actions in Regulatory Amendment 9. NMFS received nine comments that 
did not support or oppose Regulatory Amendment 9, but suggested 
alternative means for managing components of the snapper-grouper 
fishery. One state and one Federal agency submitted comments on 
Regulatory Amendment 9. Specific comments related to the actions 
contained in the amendment and the rule as well as NMFS' respective 
responses, are summarized below.
    Comment 1: Several commenters stated the data used to determine 
that black sea bass are overfished and undergoing overfishing are 
flawed because they are seeing numerous black sea bass while on fishing 
trips. One commenter stated the use of what is considered ``the best 
science available'' is a distorted interpretation of the true intent of 
the Magnuson-Stevens Act, and one commenter stated Regulatory Amendment 
9 is an example of the Federal Government intruding into what should be 
considered a state issue.
    Response: Black sea bass were most recently assessed through the 
Southeast, Data, Assessment, and Review process (SEDAR), the findings 
of which can be found in the 2006 SEDAR 2 update, which determined the 
black sea bass stock was overfished and undergoing overfishing.
    SEDAR is a cooperative process initiated in 2002 to improve the 
quality and reliability of fishery stock assessments in the South 
Atlantic, Gulf of Mexico, and U.S. Caribbean. SEDAR is managed by the 
Caribbean, Gulf of Mexico, and South Atlantic Regional Fishery 
Management Councils (Councils) in coordination with NMFS and the 
Atlantic and Gulf States Marine Fisheries Commissions. SEDAR seeks 
improvements in the scientific quality of stock assessments and greater 
relevance of information available to address existing and emerging 
fishery management issues. SEDAR emphasizes constituent and stakeholder 
participation in assessment development, transparency in the assessment 
process, and a rigorous and independent scientific review of completed 
stock assessments. SEDAR is organized around three workshops. The first 
is a data workshop where datasets are documented, analyzed, and 
reviewed and data for conducting assessment analyses are compiled. The 
second is an assessment workshop where quantitative population analyses 
are developed and refined and population parameters are estimated. The 
third is a review workshop where a panel of independent experts reviews 
the data and assessment, and recommends the most appropriate values of 
critical population and

[[Page 34894]]

management quantities. All SEDAR workshops are open to the public. 
Public testimony is accepted in accordance with each Council's standard 
operating procedures.
    The findings and conclusions of each SEDAR workshop are documented 
in a series of reports, which are ultimately reviewed and discussed by 
the appropriate Council and its Scientific and Statistical Committee.
    Recreational fishing data are collected by the Marine Recreational 
Fishing Statistics Survey (MRFSS), which conducts telephone surveys of 
coastal households and for-hire businesses, as well as in-person 
access-point angler intercept surveys. These surveys are used to 
collect information on recreational fishery participation, fishing 
effort and catch, in addition to the demographic, social, and economic 
characteristics of the participants. NMFS recognizes that within MRFSS 
data there may be uncertainty for infrequently encountered species and 
is working with recreational and for-hire fishermen to address this 
issue through the Marine Recreational Information Program (MRIP).
    A new SEDAR stock assessment (SEDAR 25) is currently underway for 
black sea bass. This assessment is scheduled to be completed in October 
2011. If results of SEDAR 25 indicate an increased level of commercial 
and recreational harvest could be allowed without negatively impacting 
rebuilding efforts, the Council may consider addressing black sea bass 
harvest limits in a future amendment.
    National Standard 2 of the Magnuson-Stevens Act states: 
``Conservation and management measures shall be based upon the best 
scientific information available.'' NMFS has not modified the intended 
interpretation of the National Standard 2 language. Black sea bass was 
assessed through the SEDAR process and the findings of the most recent 
SEDAR for black sea bass can be found in the SEDAR 2 2006 update. 
Additionally, vermilion snapper was assessed in SEDAR 17 (2008); gag 
was assessed in SEDAR 10 (2006); and greater amberjack was assessed in 
SEDAR 15 (2008). All SEDAR stock assessments can be found at the 
Internet site: http://www.sefsc.noaa.gov/sedar/. Though these stock 
assessments form the basis for many fishery management decisions, the 
actions in Regulatory Amendment 9 were largely supported by recent 
landings data derived from vessel logbooks, headboat logbooks, and 
MRFSS/MRIP data in order to determine which trip limits or bag limits 
would be most effective in extending fishing opportunities for the 
subject species. Landings data are provided by the NMFS Southeast 
Fisheries Science Center, which also certified the data used in 
Regulatory Amendment 9 as the best scientific information available in 
a memorandum dated May 2, 2011.
    The Federal Government has jurisdiction over fisheries prosecuted 
in Federal waters, i.e., the area 3 miles (4.8 km) to 200 miles (322 
km) offshore in the South Atlantic. The snapper-grouper fishery, 
including black sea bass, gag, vermilion snapper, and greater 
amberjack, is included in the list of Federally-managed fisheries. 
Therefore, when modifications to Federal fisheries regulations are 
needed, NMFS, the government agency responsible for managing Federal 
fisheries, is the appropriate entity to carry out those changes.
    Comment 2: One commenter opposed splitting the black sea bass 
commercial quota into two 6-month seasons because the December-May 
portion of the fishing year is likely to increase the risk of 
entanglement to endangered North Atlantic right whales that reside in 
the waters off the South Atlantic coast during the winter months. They 
additionally noted that a 2008 survey of black sea bass fishermen 
indicated black sea bass pots are deployed in closer proximity to each 
other during the winter months than during the summer months, which 
could increase the threat of entanglement in fishing gear to right 
whales. The commenter also lists ship strikes and entanglement in 
vertical lines as the top two factors responsible for preventing 
rebuilding of the North Atlantic right whale population. Furthermore, 
the ALWTRT convened a meeting in April 2011, where the issue of 
reducing risk to right whales from vertical lines in the South Atlantic 
was a significant focus of the meeting. The ALWTRT has determined that 
NMFS should reduce the risk of right whale entanglement associated with 
vertical line gear (which includes black sea bass pot buoy gear).
    Response: NMFS has chosen not to approve the action to split the 
black sea bass commercial quota into two 6-month seasons. New 
information on the possible impacts of black sea bass pot fishing 
during the December through May split season was received by NMFS, 
after the Council had submitted Regulatory Amendment 9 for Secretarial 
approval, and NMFS has determined it is not appropriate to approve the 
split season commercial quota action at this time as previously 
explained. However, disapproval of the split season commercial quota in 
Regulatory Amendment 9 does not preclude the Council from considering 
the action in a future amendment, after a thorough analysis of all 
relevant data has been completed.
    Splitting the commercial black sea bass quota to specifically allow 
for fishing in December through May would result in the presence of 
numerous vertical black sea bass pot buoy lines within the North 
Atlantic right whale winter migration route along the Southeast coast. 
The April 2011 ALWTRT meeting validated there is a risk to North 
Atlantic right whales from vertical black sea bass buoy gear in the 
South Atlantic EEZ.
    Recent scientific information suggests North Atlantic right whales 
are potentially more vulnerable to entanglements in South Atlantic 
fisheries gear than previously thought. New data suggest the coastal 
waters of South Carolina, North Carolina, and possibly Virginia may be 
used as birthing and calving areas for right whales, and that some 
right whales make multiple intra-season trips between the U.S. 
Northeast and Southeast regions. Saving the largest portion of the 
black sea bass commercial quota for the December through May time 
period would reintroduce vertical black sea bass pot buoy lines during 
the time of the year when the right whales are transiting and residing 
off the South Atlantic coast, and would undermine the ongoing efforts 
of the ALWTRT to reduce the entanglement risk for large whales.
    Comment 3: One commenter opposed splitting the commercial quota for 
black sea bass into two seasons without first implementing a catch 
share program or trip limits to prevent derby conditions in each of the 
two split seasons. Another commenter opposed splitting the black sea 
bass commercial quota because it would allow commercial fishing to 
occur while the black sea bass recreational sector is potentially 
closed.
    Response: The Council considered commercial trip limits as part of 
the range of alternatives for addressing the derby nature of the black 
sea bass component of the snapper-grouper fishery. The trip limits 
analyzed in Regulatory Amendment 9 ranged from 340 lb (154.2 kg) gutted 
weight to 2,500 lb (1,134 kg) gutted weight. However, Amendment 18A to 
the FMP, currently under development by the Council and NMFS, includes 
a proposed action that would require fishermen to return pots to shore 
at the conclusion of a commercial fishing trip. If this action is 
implemented through subsequent rulemaking, there is a possibility that 
the trip limit could unintentionally be exceeded. As black sea bass pot 
fishermen go through the process of

[[Page 34895]]

retrieving the pots, they may find the trip limit has been met when 
only a portion of the pots they deployed have been retrieved. 
Therefore, the catch contained in each pot retrieved after the trip 
limit is met must be discarded, causing unnecessary biological and 
economic harm. For this reason, the Council did not select the 
alternative to implement a commercial trip limit for black sea bass in 
Regulatory Amendment 9.
    Actions are under development by the Council and NMFS that could 
reduce the derby nature of the black sea bass commercial sector. In 
addition to the requirement of returning pots to shore at the 
conclusion of a commercial fishing trip, Amendment 18A to the FMP 
includes a proposed action to limit the number of black sea bass pots 
that can be fished. Additionally, a catch share program for several 
snapper-grouper species, including black sea bass, was under 
development in Amendment 21 to the FMP. However, at its March 2011 
meeting, the Council reviewed public comments and testimony from 
scoping meetings held in January and February of 2011, and determined 
there was not enough public support to continue development of a catch 
share program for species in the snapper-grouper fishery. It is 
important to note, the Council's decision not to move forward with 
snapper-grouper catch shares at this time does not preclude the 
development of a catch share program in the future.
    If the recreational sector were to meet the recreational annual 
catch limit (ACL) before the commercial sector reached the commercial 
quota during either of the two split seasons, there is a possibility 
that commercial fishing may occur while the recreational sector is 
closed. However, the previously established commercial and recreational 
ACLs would not change for either sector and, therefore, total allowable 
harvest would remain the same regardless of how the commercial season 
is configured or how quickly the recreational sector may harvest its 
ACL in a given fishing year.
    Comment 4: Several commenters supported implementing split season 
commercial quotas for black sea bass and one commenter states the split 
season commercial quota for black sea bass would help rebuild the 
stock.
    Response: NMFS agrees that split season quotas for the black sea 
bass component of the snapper-grouper fishery may benefit the fishing 
community by creating two distinct opportunities to fish for black sea 
bass rather than one season that has recently been relatively short. 
However, while split seasons may provide an opportunity for commercial 
harvest during some additional months of the year, the commercial quota 
has not increased. Therefore, if fishing effort remains consistent, the 
split season commercial quotas would be expected to be met early in 
each split season, which would result in periods of time where there 
would be no fishing for black sea bass with pots. These periods of no 
fishing effort would benefit the stock as would any early closure 
during the December-May season, which is when black sea bass are in 
spawning condition. However, for the reasons previously stated, NMFS is 
not approving the action to split the commercial black sea bass quota 
into two 6-month seasons.
    Comment 5: Three commenters supported a black sea bass recreational 
bag limit reduction from 15-fish per person per day to 10-fish per 
person per day bag limit rather than 5-fish per person per day. One 
commenter supported reducing the black sea bass bag limit by the amount 
needed to avoid any recreational closure during the fishing year.
    Response: Reducing the recreational bag limit to 10-fish per person 
per day would achieve a harvest reduction of between 2-4 percent, which 
is not enough to keep the recreational sector open significantly longer 
than the 2010-2011 recreational black sea bass season which closed in 
February 2011. A bag limit of 5-fish per person per day is expected to 
provide a reduction in recreational harvest of about 15.5 percent based 
on 2010 data, as well as extending the recreational fishing season 
through March. The Council had the option of choosing an even lower bag 
limit, in order to keep the recreational sector open longer than that 
expected under the 5-fish daily bag limit alternative. In order to keep 
the recreational sector open all year, the bag limit would need to be 
reduced from 15-fish per person per day to below 3-fish per person per 
day. However, the Council concluded a bag limit lower than five fish 
could remove the incentive to fish altogether for many potential 
passengers of for-hire vessels. Additionally, based on data indicating 
that a large percentage of recreational trips result in approximately 
five black sea bass being landed per person per day, and that the 
estimated closure date (based on a 5-fish bag limit) for the 2011-2012 
season is the middle of March 2012, the Council chose to implement the 
5-fish per person daily recreational bag limit. The Council considers 
the bag limit an interim measure to extend fishing opportunities 
farther into the fishing season until the SEDAR 25 stock assessment is 
completed. The Council may then chose to modify management measures for 
black sea bass based on the outcome of the new stock assessment.
    Comment 6: Several commenters opposed the 5-fish per person daily 
bag limit for black sea bass, stating that it would be prohibitively 
expensive to run for-hire trips for such a small number of fish. One 
recreational fisher indicated he would not pay the same fishing trip 
cost when restricted to a 5-fish daily bag limit, implying that for-
hire fishing operations may suffer negative economic consequences in 
the form of fewer paying passengers as a result of the lowered bag 
limit. One of the commenters opposed to the bag limit reduction stated 
that Regulatory Amendment 9 incorrectly states the length of time the 
smaller bag limit would extend the season, noting the trip limit is 
being reduced by two-thirds and therefore, the season should triple in 
length.
    Response: The economic analysis conducted for Regulatory Amendment 
9 evaluated the economic effects of the various bag limit alternatives 
relative to the no action alternative. The no action alternative 
consists of a 15-fish daily bag limit and an ACL based closure, which 
is longer than the closure would be under any of the lower bag limit 
alternatives. Although the for-hire sector would experience reduced 
profits due to the lower bag limit, it would gain profits through a 
closure of reduced duration with respect to the no action alternative. 
Profit gains due to a shorter closure relative to the profit losses due 
to the bag limit reduction under the 5-fish daily bag limit alternative 
were estimated to outweigh the profit losses due to the longer closed 
season experienced under the no action alternative. Based on actual 
catch of black sea bass by recreational fishermen, a reduction in the 
bag limit is expected to extend the recreational season through March 
in a June-May fishing year based on 2010 data. The Council decided that 
a bag limit of less than 5-fish per person might be too low to be worth 
taking a fishing trip and a bag limit greater than 5-fish per person 
would not extend the fishing season by a meaningful amount. Overall, 
profits of for-hire vessels under the 5-fish bag limit alternative with 
a shorter duration closure would be higher than those under the 15-fish 
daily bag limit with a longer duration closure.
    The reduction in the black sea bass bag limit was considered by the 
Council to allow the recreational sector to operate over a longer 
season. This

[[Page 34896]]

measure would be expected to directly affect certain anglers who may 
eventually cancel fishing trips due to relatively higher fishing costs. 
However, a majority of anglers would remain relatively unaffected by 
the measure, because they did not catch more than five black seas bass 
on a fishing trip.
    The reduction in harvest associated with a bag limit reduction is 
based on the actual catch of fishermen. According to the biological 
affects analysis, a reduction in the black sea bass bag limit from 15-
fish per person to 5-fish per person would reduce recreational landings 
of black sea bass by 15.5 percent. The current recreational harvest 
would only be reduced by two-thirds under the bag limit reduction of 5-
fish per person, if all fishermen caught the current bag limit of 15-
fish per person per day.
    Comment 7: Two commenters stated the intent of the bag limit 
reduction from 15-fish per person per day to 5-fish per person per day 
is to protect commercial fishermen at the expense of recreational 
fishermen. One of the same commenters recommends increasing the 
commercial minimum size limit from 10 inches (25.4 cm) to 12 inches 
(30.5 cm) total length, which is consistent with the recreational size 
limit.
    Response: The intent of reducing the black sea bass bag limit is to 
extend recreational fishing opportunities farther into the fishing 
season than what is possible under the current 15-fish per person daily 
bag limit. Reducing the black sea bass bag limit is expected to extend 
recreational fishing for the species by approximately one and one-half 
months longer in the 2011-2012 season, compared to the closure in early 
February that occurred during the 2010-2011 fishing season. Because 
Amendment 17B to the FMP established separate ACLs for the commercial 
and recreational sectors, management measures that are implemented for 
one sector do not affect overall allowable harvest of the other sector. 
Therefore, adjustments to the black sea bass bag limit would 
independently affect the recreational sector and the commercial sector 
would not benefit from a reduced recreational bag limit.
    Amendment 13C to the FMP increased the recreational minimum size 
limit for black sea bass from 10 inches (25.4 cm) to 12 inches (30.5 
cm) total length and maintained the 10 inch (25.4 cm) size limit 
implemented in 1999 through Amendment 9 to the FMP for the commercial 
sector. The average size of black sea bass is largest for fish caught 
by commercial fishermen and smallest for black sea bass caught by the 
headboat component of the fishery. The black sea bass 2005 SEDAR 
Assessment Update 1, indicated that the 10 inch (25.4 cm) 
total length minimum size limit implemented in 1999 ensures that 
biomass persists even in a heavily fished environment because it is 
large enough to protect several year classes of spawning fish resulting 
in a spawning potential ratio equal to 25.8 percent. The Council did 
not consider adjusting the minimum size limit for commercially 
harvested black sea bass through Regulatory Amendment 9.
    Comment 8: One commenter stated that lowering the black sea bass 
bag limit and implementing trip limits for other species would compel 
anglers to undertake more trips to catch the same amount of fish, 
thereby increasing their overall costs and exposing them to fishing 
hazards due to bad weather.
    Response: The expectation is that the number of trips overall may 
increase, but that the trip limits for gag and vermilion snapper and a 
lower bag limit for black sea bass would effectively constrain the 
harvest of these three species so that reaching their respective ACLs 
would occur later in the fishing year than in 2011. For snapper-grouper 
commercial fishermen attempting to maintain overall harvest levels and 
associated profits, the number of trips may need to increase to 
compensate for lower catch-per-trip, which would increase overall 
costs.
    In the case of black sea bass, for the majority of anglers who 
caught no more than 5-fish per trip, their relative cost of fishing 
would essentially remain the same. For for-hire vessels, the economic 
analysis compared the net operating (profit) losses under a higher bag 
limit with a longer closure against the 5-fish bag limit with a shorter 
closure. A major conclusion arrived at by this analysis is that profit 
losses would be lower under the 5-fish bag limit with shorter closure 
than under the 15-fish bag limit with longer closure. For the 
commercial sector, operating costs would be expected to increase if 
more trips are taken to compensate for lower per-trip harvest. The 
extent to which these costs may be affected is unknown and would 
fluctuate with fuel costs.
    By extending the recreational season for black sea bass and the 
commercial fishing seasons for gag and vermilion snapper, anglers would 
be afforded a wider fishing window for undertaking trips so that they 
could schedule fishing trips to avoid hazardous inclement weather.
    Comment 9: One commenter stated several of his for-hire passengers, 
who are part of a minority population, feel they are being 
discriminated against as a result of the reduced black sea bass bag 
limit in this final rule as well as the 2010-2011 early recreational 
seasonal closure for black sea bass.
    Response: Executive Order 12898 requires Federal agencies to 
identify and address, as appropriate, disproportionately high and 
adverse human health or environmental effects of its programs, 
policies, and activities on minority populations and low-income 
populations. Appendix D of Regulatory Amendment 9 outlines the 
environmental justice considerations for the actions contained within 
the amendment, and a thorough social affects analysis was conducted for 
each action in the amendment. The regulation applies to all 
recreational sector participants in the South Atlantic region 
regardless of their socioeconomic or minority status. Available data 
does not indicate that minority or low-income populations comprise a 
disproportionate portion of the for-hire sector, or that minority or 
low-income populations are disproportionately dependent on black sea 
bass for subsistence consumption or other purposes. The commenter did 
not provide sufficient new information that alters NMFS' determination 
that no disproportionate impacts or environmental justice issues are 
anticipated as a result of the reduced bag limit.
    Comment 10: One commenter supported changing the start date of the 
fishing year from June 1 to May 1 of each year in order to provide 
southern North Carolina for-hire vessels with greater opportunities to 
harvest a share of the recreational ACL.
    Response: The June 1 start date for the black sea bass fishing year 
was implemented through Amendment 13C to the FMP with the intent that, 
if a closure should occur, it would most likely coincide with the black 
sea bass spawning season and thus, aid rebuilding efforts. The Council 
considered two start date alternatives, other than the no action 
alternative of maintaining the current start date for the fishing year. 
One alternative was a November 1 start date and the other was a January 
1 start date. A May 1 start date was not considered as an alternative, 
and it would not be expected to significantly alter prosecution of the 
fishery when compared to the current June 1 start date for the fishing 
year. A January start date would provide more benefit to fishermen in 
Georgia and Florida, whereas a June start date would provide more 
benefit to fishermen in North Carolina and South Carolina. Without a 
system of regional or state-by-state quotas, different states are going 
to benefit from different fishing year start

[[Page 34897]]

dates disproportionately. Further, NMFS and the Council are committed 
to exploring the option of a regional management program for black sea 
bass and potentially other snapper-grouper species.
    Comment 11: Three commenters supported the option of closing the 
black sea bass commercial pot sector once 90 percent of the quota has 
been caught.
    Response: Regulatory Amendment 9 contained one alternative that 
would close the pot portion of the commercial black sea bass component 
of the snapper-grouper fishery once 90 percent of the commercial quota 
is met. The Council chose not to implement this action because of time 
lags in the data reporting process. Also, the rate at which the black 
sea bass commercial quota is harvested would make it difficult to 
determine when the small amount of the remaining commercial quota (10 
percent) would be met.
    Comment 12: One commenter suggested NMFS prohibit the use of black 
sea bass pots because they create navigation hazards, they are left to 
soak too long, and too many are allowed per vessel.
    Response: Prohibiting the use of black sea bass pots was not 
considered by the Council in Regulatory Amendment 9 as an alternative 
to address derby conditions in the commercial sector. Most black sea 
bass pot activity is concentrated off the coasts of North Carolina and 
South Carolina and, to a lesser extent, northern Florida. Amendment 17B 
to the FMP established separate ACLs for the commercial and 
recreational sectors for black sea bass. Amendment 18A to the FMP, 
currently under development, contains several actions that could affect 
the overall prosecution of the black sea bass component of the snapper-
grouper fishery. Amendment 18A to the FMP could limit participation in 
the commercial sector through an endorsement program and limit the 
number of pots allowed onboard black sea bass vessels. Amendment 18A to 
the FMP may also require black sea bass trap fishermen to bring in 
their pots at the end of each trip.
    Comment 13: Three commenters suggested a 1,500-lb (680-kg) 
commercial trip limit for black sea bass should be implemented.
    Response: The Council chose not to specify a trip limit for the 
commercial black sea bass component of the snapper-grouper fishery 
because actions in Amendment 18A to the FMP, currently under 
development, such as requiring fishermen to return pots to shore at the 
conclusion of a trip, may result in fishermen exceeding the trip limit 
when retrieving pots. Once a fisherman recognizes the trip limit has 
been met, all black sea bass caught in the pots ready to be retrieved 
would have to be discarded, resulting in unnecessary biological harm to 
the stock and economic harm to the fisherman.
    Comment 14: One commenter suggested creating a seasonal commercial 
closure for black sea bass at the same time as the current shallow-
water grouper closure in order to simplify the closure regulations.
    Response: The Council considered four different spawning season 
closure alternatives for black sea bass, with the intent to extend 
fishing opportunities during the fishing season. However, public 
opposition to a spawning season closure was significant when considered 
with respect to the other measures proposed in Regulatory Amendment 9. 
While many fishermen are in favor of reducing harvest during the 
spawning season, they felt it would be best accomplished through a 
modification to the fishing year start date. Additionally, since SEDAR 
25 is ongoing, the Council chose not to implement a spawning season 
closure at this time but may consider additional future black sea bass 
management measures if the stock assessment indicates such changes are 
warranted.
    Comment 15: Three commenters suggested reducing the commercial trip 
limit for vermilion snapper when 75 percent of the split season quota 
is met.
    Response: Three alternatives were considered for a vermilion 
snapper stepped-down trip limit triggered when 75 percent of the quota 
is harvested. The Council determined that reducing the vermilion 
snapper commercial trip limit once 75 percent of the quota is reached 
is not likely to extend the fishing season by a meaningful length of 
time. In addition, it would be difficult to monitor the small remaining 
portion of the commercial quota and project when the commercial quota 
closure should be implemented. Furthermore, trip limit step-downs 
during the fishing season can disproportionately affect larger vessels 
because the stepped-down trip limit of 75 percent of the quota would 
likely be too small to make profitable trips possible. For these 
reasons in-season trip limit step-downs were not selected by the 
Council for the vermilion snapper commercial component of the snapper-
grouper fishery.
    Comment 16: Three commenters suggested implementing a 100-lb (45-
kg) commercial trip limit for gag and greater amberjack during the 
January-April 4-month spawning season closure for shallow-water 
groupers and the 1-month (April) spawning season closure for greater 
amberjack to allow for retention of incidentally captured gag and 
greater amberjack.
    Response: Allowing a 100-lb (45-kg) commercial trip limit for gag 
and greater amberjack during the spawning season closures was not an 
action considered by the Council during the development of Regulatory 
Amendment 9. The actions in Regulatory Amendment 9 focused on extending 
the fishing seasons for black sea bass, gag, and vermilion snapper, and 
maximizing fishing opportunities for greater amberjack. Gag and greater 
amberjack are part of a multispecies fishery. Therefore, allowing any 
harvest of gag and greater amberjack during the spawning season 
closures could increase the risk of incidentally capturing other 
species such as red grouper and scamp, the harvest of which are also 
prohibited during the 4-month seasonal closure for shallow-water 
groupers.
    Comment 17: Three commenters supported the implementation of a 
1,500-lb (680-kg) commercial trip limit for gag and greater amberjack.
    Response: A 1,500-lb (680-kg) trip limit for gag was not considered 
by the Council as an alternative within Regulatory Amendment 9 because 
it would not sufficiently reduce the rate of harvest to extend 
opportunities to fish during the fishing season by a meaningful length 
of time. A trip limit of 1,500 lb (680 kg) was analyzed in Regulatory 
Amendment 9 for greater amberjack. Industry representatives indicated 
that the trip limit should be increased by only a modest amount in 
order to avoid market disruption and price fluctuations. The Council 
determined that increasing the trip limit from 1,000 lb (453 kg) to 
1,200 lb (544 kg) would be enough of an increase to optimize per-trip 
harvest, yet small enough to avoid any market disruption that may be 
caused by increasing the trip limit more than 200 lb (91 kg).
    Comment 18: Three commenters opposed increasing the commercial trip 
limit for greater amberjack to 1,200 lb (544 kg) because it will 
increase fishing pressure on the species and create an unfair advantage 
to commercial fishermen.
    Response: Greater amberjack is not overfished or undergoing 
overfishing, and the commercial quota of 1,169,931 lb (530,672 kg) has 
never been met since the commercial quota was implemented in 1999. The 
1,169,931 lb (530,672 kg) commercial quota represents 63 percent of 
1995 landings, and therefore, includes a significant reduction in

[[Page 34898]]

allowable harvest for the commercial sector from previous years. 
Increasing the trip limit for the commercial sector will not provide an 
unfair advantage to commercial fishermen since it does not increase the 
total amount they are allowed to harvest within a given fishing year, 
only their per-trip yield. Many commercially permitted snapper-grouper 
fishery participants have been negatively impacted by restrictive 
management measures recently implemented for red snapper and shallow-
water grouper. Increasing the trip limit for greater amberjack by 200 
lb (91 kg) will allow a portion of those affected fishermen to 
compensate for those impacts by increasing their per trip yield of 
greater amberjack.
    Comment 19: Three commenters suggested reducing the recreational 
bag limits for all species addressed in Regulatory Amendment 9 when 75 
percent of the recreational ACL is met or projected to be met.
    Response: The current recreational landings data collection program 
is not capable of providing landings data in real-time for the purposes 
of tracking the recreational landings of species included in Regulatory 
Amendment 9. There is a time lag between the time fishermen report 
landings through the MRFSS/MRIP system and when fishery managers are 
notified of the estimated landings. This issue may be compounded in 
fisheries where the recreational ACL is caught very quickly, as is the 
case with black sea bass. Additionally, recreational landings data are 
associated with a degree of uncertainty that must be factored into 
final landings estimates. Therefore, it is not practical to implement 
in-season accountability measures (AMs) such as stepping-down the bag 
limits for the recreational sector of the snapper-grouper fishery at 
this time.
    Comment 20: Three commenters suggested removing all size limits to 
manage the snapper-grouper species included in Regulatory Amendment 9.
    Response: Removing the minimum size limits was not considered for 
any of the species addressed in Regulatory Amendment 9. Minimum size 
limits are generally used to maximize the yield of each fish recruited 
to the fishery and to protect a portion of a stock from fishing 
mortality. The idea behind maximizing yield through size limits is to 
identify the size that best balances the benefits of harvesting fish at 
larger, more commercially valuable sizes against losses due to natural 
mortality. Protecting immature and newly mature fish from fishing 
mortality provides them increased opportunities to reproduce and 
replace themselves before they are captured. The removal of minimum 
size limits is likely to increase the rate at which the quotas and ACLs 
are met, and is not likely to ease derby conditions for species 
addressed in Regulatory Amendment 9.
    Comment 21: Two commenters, including the state of North Carolina, 
suggested dividing the commercial quotas and recreational ACLs on a 
state-by-state basis so that species can be managed for the greatest 
benefit to the citizens of each state.
    Response: NMFS agrees that establishing state-by-state quotas for 
snapper-grouper species could be beneficial to fishery participants, 
including those in North Carolina. Due to winter weather conditions, 
many snapper-grouper species may not be available off North Carolina 
until well after the fishing season has begun and a large portion of 
the commercial quota or recreational ACL has been harvested. However, 
effectively managing and enforcing state-by-state quotas remains a key 
obstacle to implementing such a program. NMFS has identified the issue 
of the enforcement of interstate cross-boundary quotas as a concern in 
the South Atlantic region and the Council did not consider them as a 
reasonable alternative within Regulatory Amendment 9.
    Comment 22: Three commenters suggested that for all species 
addressed in Regulatory Amendment 9, the AMs regarding any ACL overages 
should be deducted from the next season's ACL, and any unharvested 
portion of the ACL should be carried over to the next fishing season.
    Response: AMs for black sea bass, gag, and vermilion snapper were 
addressed in Amendment 17B to the FMP. AMs for greater amberjack are 
being addressed in the Comprehensive ACL Amendment. The action to 
establish a split season quota for black sea bass in Regulatory 
Amendment 9 includes a provision to carry over any unused portion of 
the first split season quota to the second split season quota. However, 
any unharvested portion of the second split season quota would not be 
credited to the following fishing year. NMFS has determined it is 
inappropriate to approve the action to establish split season quotas 
for the commercial sector of the black sea bass component of the 
snapper-grouper fishery at this time, as previously explained.
    The Council did implement a payback provision for the recreational 
sectors for black sea bass, gag, and vermilion snapper in Amendment 17B 
to the FMP for situations where the stock is overfished. If the 
recreational ACL for black sea bass, gag, or vermilion snapper is 
exceeded and the stock is overfished, the Regional Administrator will 
publish a notice to reduce the recreational ACL in the following year 
by the amount of the overage. A payback for any ACL overages for 
greater amberjack may be considered in the Comprehensive ACL Amendment, 
which is currently under development. The commercial sector for these 
three species does not currently have a payback provision in place for 
any ACL overages that may occur during the fishing year.
    Comment 23: One commenter stated the development of derby 
conditions in the snapper-grouper fishery has led to safety at sea 
issues, which should be addressed through a system of trip limits.
    Response: NMFS recognizes the safety issues associated with derby-
style fishing (the race to fish), where during a short duration of 
increased effort, fishermen may engage in fishing activities during 
foul weather situations in order to ensure they are able to harvest 
their optimum share of the harvest prior to reaching the commercial 
quota. Regulatory Amendment 9 seeks to alleviate safety at sea issues 
to some degree through the implementation of trip limits for gag, and 
vermilion snapper, and modifying the trip limit for greater amberjack. 
Trip limits for the black sea bass commercial sector were considered, 
but the Council did not choose to implement a trip limit for the 
species as explained in previous responses. In short, there is a 
possibility that commercial black sea bass fishermen using black sea 
bass pots could exceed the trip limit when retrieving pots, 
particularly if they were required to bring all pots to shore as 
currently being considered in Amendment 18A to the FMP, which could 
cause negative biological and economic effects.
    Comment 24: One commenter suggested limiting the days per week the 
species in Regulatory Amendment 9 could be harvested as an alternative 
to the management measures included in Regulatory Amendment 9.
    Response: The Council did not consider specifying fishing days per 
week in the commercial or recreational sectors for the species 
addressed in Regulatory Amendment 9. Limiting commercial fishermen to 
only certain days of the week for harvesting black sea bass, gag, and 
vermilion snapper may create enforcement challenges, safety at sea 
issues, and interfere with a fisherman's ability to maintain steady 
income and market conditions since trips would be highly dependent on 
weather conditions on allowable fishing days. Black sea bass, gag, and 
vermilion

[[Page 34899]]

snapper are part of a multispecies fishery and they are often 
incidentally caught while fishermen target other co-occurring snapper-
grouper species. Limiting the number of days per week a certain species 
may be recreationally harvested may result in higher rates of 
regulatory discards and bycatch mortality than if some level of 
recreational harvest is permitted each day.
    Comment 25: Two commenters support the use of trip limits to 
address derby fishing conditions that have emerged for gag and 
vermilion snapper.
    Response: NMFS agrees that implementation of trip limits for 
species, such as vermilion snapper, associated with derby-style 
fisheries will help to minimize the race to fish, slow the rate of 
harvest, and limit the progressive shortening of fishing seasons.
    Comment 26: One commenter suggested conducting a true study of the 
effects of fishing bans on the Georgia area considering that boating 
and fishing are significant to the economy of Georgia.
    Response: An economic analysis conducted for fishing regulations in 
the South Atlantic would generally combine the economic effects on 
Georgia with those of northeast Florida due to confidentiality issues. 
Fishing effort, particularly on headboat trips, is relatively low in 
Georgia so that combining Georgia effort with that of northeast Florida 
would avoid divulgence of confidential information specific to a 
particular area. However, NMFS and the Council would be supportive of 
economic studies on fishery management issues in Georgia.

Other Non-Substantive Changes Implemented by NMFS

    This final rule revises an outdated mailing address for the NMFS 
Southeast Regional Administrator (RA).
    This final rule revises commercial trip limit codified text for 
greater amberjack to be consistent with respect to the commercial 
quota. Reference language for closure provisions within the commercial 
trip limit section has been changed to refer to the quota instead of 
the fishing year quota.
    This final rule also contains two corrections for coordinates 
contained in the final rule to implement Comprehensive Ecosystem-Based 
Amendment 1 for the South Atlantic region that published in the Federal 
Register on June 22, 2010 (75 FR 35330). These additional measures are 
unrelated to the actions contained in Regulatory Amendment 9.

Classification

    The NMFS Assistant Administrator has determined that the approved 
actions in the regulatory amendment are necessary for the conservation 
and management of snapper-grouper species in the South Atlantic and 
that they are consistent with the Magnuson-Stevens Act, and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant economic issues raised by public comments, 
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. However, several 
comments with socioeconomic implications were received and are 
addressed in the Comment and Responses section.
    In response to public comments and new information that became 
available after the publication of the proposed rule, NMFS has chosen 
not to approve the proposed action to split the commercial quota for 
black sea bass into two 6-month seasons. The reason for this 
disapproval is discussed in the Supplementary Information and the 
Comments and Responses sections of the preamble, and is not repeated 
here.
    With the exception of the disapproved action, NMFS agrees with the 
Council's choice of preferred alternatives as that which would be 
expected to best achieve the Council's objectives while minimizing, to 
the extent practicable, the adverse effects on fishers, support 
industries, and associated communities. The previous section of 
preamble to the final rule provides a summary of the actions contained 
within this final rule and is not repeated here.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. This final rule would not establish any new 
reporting, record-keeping, or other compliance requirements.
    This final rule is expected to directly affect commercial 
harvesting and for-hire fishing operations. The Small Business 
Administration has established size criteria for all major industry 
sectors in the U.S. including fish harvesters and for-hire operations. 
A business involved in fish 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 has combined 
annual receipts not in excess of $4.0 million (NAICS code 114111, 
finfish fishing) for all its affiliated operations worldwide. For for-
hire vessels, the other qualifiers apply and the annual receipts 
threshold is $7.0 million (NAICS code 713990, recreational industries).
    From 2007-2009, an average of 895 vessels-per-year had valid 
permits to operate in the commercial sector of the snapper-grouper 
fishery. Of these 895 vessels, 751 held transferable permits and 144 
held non-transferable permits. On average, 797 vessels landed snapper-
grouper species, generating dockside revenues of approximately $14.514 
million (2008 dollars). Each vessel, therefore, generated an average of 
approximately $18,000 annually in gross revenues from snapper-grouper 
commercial landings. Gross dockside revenues by state are distributed 
as follows: $4.054 million in North Carolina, $2.563 million in South 
Carolina, $1.738 million in Georgia/Northeast Florida, $3.461 million 
in central and southeast Florida, and $2.695 million in the Florida 
Keys. Vessels that operate in the snapper-grouper commercial sector may 
also operate in other fisheries; the revenues from the other fisheries 
cannot be determined with available data and thus are not reflected in 
these totals.
    Based on revenue information, all commercial vessels affected by 
this final rule can be considered small entities.
    From 2007-2009, an average of 1,797 vessels had valid permits to 
operate in the for-hire component of the snapper-grouper fishery. Of 
the 1,797 vessels, 82 are estimated to have operated as headboats. The 
for-hire fleet is comprised of charterboats, which charge a fee on a 
vessel basis, and headboats, which charge a fee on an individual angler 
(head) basis. The charterboat annual average gross revenue is estimated 
to range from approximately $62,000-$84,000 for Florida vessels, 
$73,000-$89,000 for North Carolina vessels, $68,000-$83,000 for Georgia 
vessels, and $32,000-$39,000 for South Carolina vessels. For headboats, 
the corresponding estimates are $170,000-$362,000 for Florida vessels, 
and $149,000-$317,000 for vessels in the other states.
    Based on these average revenue figures, all for-hire operations 
that would be affected by the final rule can be considered small 
entities.
    Some fleet activity, i.e., multiple vessels owned by a single 
entity, may exist in both the commercial and for-hire snapper-grouper 
sectors but its

[[Page 34900]]

extent is unknown, and therefore, all vessels are treated as 
independent entities in this analysis.
    This final rule is expected to directly affect all Federally 
permitted commercial and for-hire vessels that operate in the South 
Atlantic snapper-grouper fishery. All directly affected entities have 
been determined, for the purpose of this analysis, to be small 
entities. Therefore, it is determined that this final rule would affect 
a substantial number of small entities.
    Because all entities that are expected to be affected by the final 
rule are considered small entities, the issue of disproportional 
effects on small versus large entities does not arise in the present 
case.
    Relative to the no action alternative, the final rule to reduce the 
recreational bag limit to five black sea bass per person-per-day is 
expected to increase short-term for-hire vessel profits (NOR) annually 
from approximately $78,000 to $164,000 assuming no trip cancellations 
during the open season, or from approximately $45,000 to $131,000 
assuming some trip cancellations during the open season. This expected 
increase in short-term profits would come from a shorter closure 
duration relative to the no action alternative.
    The management measure to establish a 1,500-lb (680-kg) commercial 
trip limit for vermilion snapper is expected to reduce the gross 
revenues of commercial vessels by approximately $306,000 annually. 
Profits would be reduced accordingly. Among the trip limit 
alternatives, however, the preferred alternative is expected to result 
in the lowest revenue losses. Commercial fishing vessels in North 
Carolina and Georgia/Northeast Florida would experience the largest 
revenue losses compared to those of other states/areas in the South 
Atlantic.
    The management measure to establish a 1,000-lb (454-kg) commercial 
trip limit for gag is expected to reduce the short-term gross revenues 
of the commercial fishing fleet by approximately $102,000 annually. 
Short-term fleet profits are also expected to decrease. However, 
relative to the no action alternative, the preferred alternative of 
establishing a 1,000 lb (454 kg) trip limit is expected to lengthen the 
commercial season so that revenues and profits could increase over 
time. The largest short-term revenue (and profit) reductions would fall 
on vessels in South Carolina and Georgia/Northeast Florida.
    The management measure in this final rule to increase the 
commercial trip limit for greater amberjack to 1,200 lb (544 kg) is 
expected to increase short-term gross revenues of commercial vessels. 
Short-term profits are also expected to increase. Over time, the net 
result on vessel revenues and profits would depend on the resulting 
fishing season length under the higher trip limit.
    Five alternatives, including the preferred alternative implemented 
through this final rule, were considered for modifying the black sea 
bass bag limit. The first alternative would have reduced the bag limit 
to 7-fish per person per day; the second, 5-fish per person per day; 
the third, 3-fish per person per day; the fourth, 2-fish per person per 
day; and the fifth, 1-fish per person per day. Relative to the 15-fish 
bag limit and depending on the baseline year used, the bag limit 
alternatives would have varying effects on the annual NOR of the for-
hire fleet. The first alternative would result in increased NOR from 
approximately $19,000 to $129,000 annually; the second alternative 
would increase NOR from negative $62,000 to positive $48,000 annually; 
the third alternative would result in a decreased NOR of $97,000 
annually; and, the fourth alternative would result in a decreased NOR 
of $226,000 annually. The effects of these five alternatives are less 
than the positive effects of the selected preferred alternative. The 
Council's decision to recommend the implementation of a 5-fish bag 
limit per person per day was based on public support and the fact that 
a large percentage of recreational trips result in approximately 5 
black sea bass landed per person. Moreover, the Council intends to re-
visit this bag limit when the final results of SEDAR 25 are available.
    Seven alternatives, including the preferred alternative implemented 
through this final rule, were considered for the commercial vermilion 
snapper trip limit. The first alternative is the no action alternative. 
This alternative would not address concerns regarding derby fishing 
practices in the commercial sector of the vermilion snapper segment of 
the snapper-grouper fishery. The second alternative would establish a 
1,000-lb (454-kg) commercial trip limit, with one sub-alternative that 
would reduce the trip limit to 500 lb (227 kg) when 75 percent of the 
commercial quota is met. This alternative would lengthen the commercial 
fishing season relative to the no action alternative, but it would 
bring about a reduction in short-term revenues of approximately 
$611,000 annually without the sub-alternative, or $752,000 annually 
with the sub-alternative. The reductions in the two alternatives are 
larger than those that would occur under the selected preferred 
alternative. The third alternative to the final rule would establish a 
1,500-lb (680-kg) trip limit, and reduce the trip limit to 500 lb (227 
kg) when 75 percent of the commercial quota is met. This alternative 
would bring about a reduction in short-term revenues of approximately 
$505,000. This revenue reduction is larger than what would occur under 
the selected preferred alternative. The fourth alternative would 
establish a 750-lb (340-kg) commercial trip limit, with one sub-
alternative that would reduce the commercial trip limit to 400 lb (181 
kg) when 75 percent of the commercial quota is met. Compared to the 
preferred alternative, this alternative would result in short-term 
revenue reductions of approximately $880,000 annually without the sub-
alternative, or $1,013,000 annually with the sub-alternative. The fifth 
alternative would establish a 500-lb (227-kg) commercial trip limit. 
This alternative would result in short-term revenue reductions of 
approximately $1,302,000 annually, which is much larger than those 
resulting under the preferred alternative. The sixth alternative would 
establish a 400-lb (181-kg) commercial trip limit. Compared to the 
selected preferred alternative, this alternative would result in larger 
revenue reductions of approximately $1,528,000 annually. NMFS rejected 
these six alternatives because they result in larger reductions in 
revenue when compared with the preferred alternative.
    Five alternatives, including the preferred alternative implemented 
through this final rule, were considered for the gag commercial trip 
limit. The first alternative is the no action alternative. This 
alternative would not address the derby concern in the gag commercial 
sector of the snapper-grouper fishery. The second alternative would 
establish a 1,000-lb (454-kg) commercial trip limit that would be 
reduced to a 100-lb (45-kg) trip limit when 75 percent of the 
commercial quota is projected to be met. This alternative would result 
in short-term revenue reductions of approximately $392,000 annually 
when based on 2007 landings, or $204,000 annually when based on 2009 
landings. The third alternative would establish a 750-lb (340-kg) 
commercial trip limit, with one sub-alternative that would reduce the 
commercial trip limit to 100 lb (45 kg) when 75 percent of the 
commercial quota is projected to be met. This alternative would result 
in short-term revenue reductions of approximately $194,000 annually 
without the sub-

[[Page 34901]]

alternative, or from $467,000 annually (based on 2007 landings) to 
$228,000 (based on 2009 landings) with the sub-alternative. The fourth 
alternative would establish a 1,000-lb (454-kg) commercial trip limit, 
with the fishing year starting annually on May 1, and reduce the trip 
limit to 100 lb (45 kg) when 90 percent of the gag commercial quota is 
projected to be met. This alternative would result in revenue 
reductions greater than $102,000 annually but less than $392,000 
annually. All of these alternatives are expected to result in larger 
short-term revenue reductions than the selected preferred alternative, 
and therefore were rejected.
    Two alternatives, including the preferred alternative implemented 
through this final rule, were considered for the greater amberjack 
commercial trip limit. The first alternative is the no action 
alternative, which specifies a 1,000-lb (454-kg) commercial trip limit. 
Under this trip limit alternative, the commercial quota for greater 
amberjack has not been fully taken, and given historical landings and 
effort, the quota is expected to not be fully taken in the near future. 
A trip limit increase was considered to allow the fishing fleet to 
harvest the entire commercial quota for greater amberjack in order to 
mitigate the adverse effects of increased restrictions applied in other 
fisheries prosecuted by the same fishermen. The second alternative 
consists of three sub-alternatives, one of which is the final action. 
The first sub-alternative would increase the greater amberjack 
commercial trip limit to 2,000 lb (907 kg) while the second sub-
alternative would increase the greater amberjack commercial trip limit 
to 1,500 lb (680 kg). Each of these two trip limit alternatives would 
result in larger short-term revenue increases than the final action. 
However, they pose a higher risk that the commercial quota for greater 
amberjack would be met prior to the end of the fishing season, 
resulting in potentially larger revenue and profit reductions to the 
fishing fleet. In addition, these higher trip limits could result in 
sudden large increases in landings that could only lead to lower ex-
vessel prices and lower overall revenues. Therefore, NMFS rejected 
these two alternatives.
    The proposed action to split the commercial quota for black sea 
bass into two seasons has been disapproved by NMFS in response to 
public comments and new information that became available after 
publication of the proposed rule. In their deliberations regarding 
harvest management of black sea bass, the Council considered thirteen 
alternatives, two of which were proposed to be implemented through the 
proposed rule. One of those two is the preferred alternative on bag 
limit reduction implemented through this final rule and discussed 
above. The second is the disapproved proposed action on splitting the 
commercial quota for black sea bass into two seasons. A qualitative 
discussion of the effects of splitting the black sea bass commercial 
quota between the June-November and December-May sub-seasons indicates 
that profits to the commercial fishing fleet would not deteriorate, as 
would occur under the no action alternative of maintaining a single 
quota for the entire fishing year.
    The first alternative to the proposed split season is the no action 
alternative. This alternative would not address the derby concern in 
the commercial sector of the black sea bass segment of the snapper-
grouper fishery.
    The second alternative to the proposed split season would establish 
a commercial trip limit, with 8 sub-alternatives. The first sub-
alternative would be a 500-lb (227-kg) trip limit; the second, a 750-lb 
(340-kg) trip limit; the third, a 1,000-lb (454-kg) trip limit; the 
fourth, a 1,250-lb (567-kg) trip limit; the fifth, a 1,000-lb (454-kg) 
trip limit but reduced to 500 lb (227 kg) when 75 percent of the quota 
is met; the sixth, a 2,000-lb (907-kg) trip limit; the seventh, a 
2,500-lb (1,134-kg) trip limit; and, the eighth, a 340-lb (154-kg) trip 
limit. Based on the input received from the public during public 
hearings, from the Council's Advisory Panel, and from the Council's 
Scientific and Statistical Committee, and the fact that the stock is 
undergoing an assessment through SEDAR 25, the results of which will be 
available by the end of 2011, the Council chose not to implement trip 
limits for the black sea bass commercial sector. The Council concluded 
the split season approach would best meet the purpose and need to 
prevent the progressive shortening of the fishing season while ensuring 
equity in harvest opportunities, promoting safety at sea, and 
minimizing adverse socioeconomic impacts.
    The third alternative to the proposed split season would retain the 
fishing year (June 1 through May 31) and specify separate commercial 
quotas for the June-December and the January-May sub-seasons based on 
2006-2009 landings. This is similar to the proposed split season, 
except that the first sub-season ends in December, with January being 
the starting month of the second sub-season. The effects of this 
alternative on small entities are comparatively the same as those of 
the proposed split season, except that the proposed split season would 
allow the second sub-season to start, with available quota, at the time 
when the traditional winter pot component of the commercial sector 
takes place in December.
    The fourth alternative would change the black sea bass fishing year 
to November-October and specify separate commercial quotas for 
November-April and May-October. The Council recognized the 
distributional effects of changing the fishing year, and decided to 
address this issue, together with a regional approach to management of 
black sea bass, after the SEDAR 25 assessment is completed.
    The fifth alternative to the proposed split season would change the 
black sea bass fishing year to January-December and specify separate 
commercial quotas for January-June and July-December. This alternative 
raises the same issue as the fourth alternative to the proposed split 
season for which the Council decided to consider the fishing year 
issue, together with regional approach to management, in the future.
    The sixth alternative would add to alternatives two through five of 
the proposed split season, a measure that would allow a carry-over of 
unused portion of the quota from the second part of the fishing year to 
the next fishing year. This alternative has the potential to result in 
exceeding the commercial quota for the next year that would trigger 
application of AMs, resulting in revenue and profit losses to the 
commercial fishing fleet. In addition, this alternative could result in 
exceeding other fishery benchmarks and the stock could be considered to 
experience overfishing. More restrictive regulations could result that 
would only decrease revenues and profits to the fishing fleet.
    The seventh alternative would add to alternatives two through five 
a measure that would close the black sea bass commercial pot gear 
component, but not other allowable gear types, when all but 100,000 lb 
(45,359 kg) of the commercial quota for the sub-season is harvested and 
would allow all allowable gear types to operate in the next sub-season. 
The Council decided not to impose specific gear restrictions at this 
time, partly due to the difficulty of monitoring catches by gear type 
on a timely basis.
    The eighth alternative is similar to the seventh alternative to the 
proposed split season, except that 50,000 lb (22,680 kg) would be the 
amount of quota remaining to trigger the closure of the black sea bass 
commercial pot component. The Council decided not to

[[Page 34902]]

impose specific gear restriction at this time, partly due to the 
problem of monitoring catches by gear type on a timely basis.
    The ninth alternative would close the black sea bass commercial pot 
component when 90 percent of the commercial quota is met. The Council 
decided not to impose specific gear restrictions at this time, partly 
due to the difficulty of monitoring catches by gear type on a timely 
basis.
    The tenth alternative to the proposed split season would establish 
a spawning season closure, with four sub-alternatives. The first sub-
alternative would implement a March-April closure applicable to both 
the commercial and recreational sectors; the second, an April-May 
closure; the third, a March-May closure; and, the fourth, a May 
closure. A spawning season closure for black sea bass that would affect 
both the commercial and recreational sectors was considered as a 
possible tool to extend the fishing season and benefit the stock. 
However, there was strong opposition from the public toward such a 
measure given other additional proposed measures within Regulatory 
Amendment 9. While many fishermen were in favor of curbing harvest 
during the spawning season, they stated that curbing harvest would be 
best accomplished with a modification to the fishing year. Moreover, 
the black sea bass stock is under a rebuilding schedule, there are 
indications that the stock is rebuilding, and a stock assessment is 
currently underway.
    Pursuant to 5 U.S.C. 553(d)(3), the AA finds good cause to waive 
the 30-day delay in effective date for the black sea bass recreational 
bag limit reduction because it would be contrary to the public 
interest. The black sea bass fishing year opens June 1, and NMFS wants 
to give fisherman the longest fishing season possible. Under the 
reduced bag limit of 5-fish per person, the season is expected to be 
approximately 2\1/2\ months longer than under a 15-fish per person bag 
limit. If this rule were delayed to allow for a 30-day delay in 
effectiveness, the season would be reduced from the projected season 
length, resulting in a reduced fishing opportunity and lower angler 
benefits and for-hire profits. Therefore, waiving the 30-day delay in 
effectiveness will give fisherman the longest season possible, and 
reduce any economic impact of this rule.
    However, NMFS is delaying implementation of the reduced bag limit 
for 7 days, instead of implementing the bag limit on the day of 
publication to allow NMFS the opportunity to notify the industry 
through a Fishery Bulletin, a NOAA Weather Radio announcement, and 
other means of constituent outreach.
    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 vessel permit holders for the 
South Atlantic snapper-grouper fishery as well as other interested 
parties.

List of Subjects

50 CFR Part 600

    Fisheries and Fishing vessels.

50 CFR Part 622

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

    Dated: June 10, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 600 and 622 
are amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

    Authority:  5 U.S.C. 561 and 16 U.S.C. et seq.


0
2. In Sec.  600.502, revise Table 1 entry ``Administrator, Southeast 
Region'' to read as follows:


Sec.  600.502  Vessel reports.

* * * * *

                  Table 1 to Sec.   600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
 
                              * * * * * * *
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 263 13th   Center, National      Guard, Governor's
 Ave. South, St. Petersburg,   Marine Fisheries      Island, New York
 FL 33701.                     Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

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

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

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


0
4. In Sec.  622.35 (n)(1)(iii)(A), the coordinates for Point 26 and 
Point 171 are revised to read as follows:


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

* * * * *
    (n) * * *
    (1) * * *
    (iii) * * *
    (A) * * *

------------------------------------------------------------------------
              Point                    North lat.          West long.
------------------------------------------------------------------------
 
                                * * * * *
26...............................  32[deg]13'09''      78[deg]34'04''
 
                                * * * * *
171..............................  26[deg]09'17''      79[deg]58'45''
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
5. In Sec.  622.39, paragraph (d)(1)(vii) is revised to read as 
follows:


Sec.  622.39  Bag and possession limits.

* * * * *

[[Page 34903]]

    (d) * * *
    (1) * * *
    (vii) Black sea bass--5.
* * * * *

0
6. In Sec.  622.44, paragraph (c)(5) is revised and paragraphs (c)(6) 
and (c)(7) are added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (c) * * *
    (5) Greater amberjack. Until the quota specified in Sec.  
622.42(e)(3) is reached--1,200 lb (544 kg). See Sec.  622.43(a)(5) for 
limitations regarding greater amberjack after the quota is reached.
    (6) Vermilion snapper. Until either quota specified in Sec.  
622.42(e)(4)(i) or (ii) is reached--1,500 lb (680 kg). See Sec.  
622.43(a)(5) for the limitations regarding vermilion snapper after 
either quota is reached.
    (7) Gag. Until the quota specified in Sec.  622.42(e)(7) is 
reached--1,000 lb (454 kg). See Sec.  622.43(a)(5) for the limitations 
regarding gag after the quota is reached.
* * * * *

[FR Doc. 2011-14850 Filed 6-14-11; 8:45 am]
BILLING CODE 3510-22-P