[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32408-32420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13342]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120309176-2075-02]
RIN 0648-BB56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 18A

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 Amendment 18A to the 
Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the 
South Atlantic Region (Amendment 18A), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). This rule modifies 
the current system of accountability measures for black sea bass, 
limits effort in the black sea bass segment of the snapper-grouper 
fishery, and improves fisheries data in the for-hire sector of the 
snapper-grouper fishery. Amendment 18A also updates the rebuilding plan 
and modifies the acceptable biological catch (ABC) for black sea bass. 
This final rule is intended to reduce overcapacity in the black sea 
bass segment of the snapper-grouper fishery.

DATES: This rule is effective July 1, 2012.

ADDRESSES: Electronic copies of Amendment 18A may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm. Amendment 18A includes an Environmental 
Impact Statement, a Regulatory Impact Review, and a Fishery Impact 
Statement.
    Comments regarding the burden-hour estimates or other aspects of 
the collection-of-information requirements contained in this final rule 
may be submitted in writing to Anik Clemens, Southeast Regional Office, 
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and OMB, by 
email at OIRA [email protected], or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Kate Michie, 727-824-5305.

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 January 31, 2012, NMFS published a notice of availability for 
Amendment 18A and requested public comment (77 FR 4754). On March 23, 
2012, NMFS published a proposed rule for Amendment 18A and requested 
public comment (77 FR 16991).
    NMFS partially approved Amendment 18A on May 2, 2012. NMFS 
disapproved the action establishing transferability criteria for the 
black sea bass pot endorsement, explaining that the amendment 
identified the wrong preferred alternative selected for this action, 
and there were discrepancies in the record regarding the Council's 
discussion of the alternatives and the text describing and analyzing 
this alternative in the document. Because the Council's intent was 
unclear from the administrative record, NMFS was unable to implement 
this action in compliance with the Administrative Procedure Act. The 
Council is addressing transferability criteria for black sea bass pot 
endorsements in a separate FMP amendment, which is currently under 
development.
    The proposed rule and Amendment 18A outline the rationale for the 
actions contained in this final rule. The proposed rule incorrectly 
indicated that it would modify the black sea bass rebuilding strategy 
and ABC. Although these measures are included in Amendment 18A, they 
are not codified in the regulations. A summary of the actions 
implemented by this final rule is provided here.
    This rule modifies the black sea bass annual catch limit (ACL); 
limits participation in the black sea bass pot segment of the snapper-
grouper fishery through an endorsement program; establishes an appeals 
process for fishermen excluded from the black sea bass pot endorsement 
program; limits the number of pot tags issued to participants in the 
black sea bass pot segment of the snapper-grouper fishery; implements 
measures to reduce black sea bass bycatch; modifies accountability 
measures (AMs) for black sea bass; establishes a commercial trip limit 
for black sea bass; modifies the current commercial and recreational 
black sea bass size limits; and improves data reporting in the for-hire 
sector of the snapper-grouper fishery. The intent of this rule is to 
reduce overcapacity in the black sea bass segment of the snapper-
grouper fishery.

Comments and Responses

    A total of 28 comments were received on the proposed rule and 
Amendment 18A from individuals, Federal agencies, and fishing 
associations. NMFS received 2 comments of general support and 26 
individual comments opposing one or more actions contained in Amendment 
18A. Several of the comments recommended alternative management 
measures for black sea bass. 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 they have recently seen more 
black sea bass and larger black sea bass than in previous years. 
Additionally, several commenters stated they are seeing black sea bass 
in areas where they were not previously found. For these reasons the 
same commenters stated the commercial and recreational ACLs for black 
sea bass should be significantly increased to allow for more fishing of 
the stock.
    Response: Many fishery participants have indicated they are now 
seeing more black sea bass and larger black sea bass than in recent 
years, which is consistent with the finding of the most recent 
Southeast, Data, Assessment, and Review (SEDAR) for black sea bass 
which was completed in October 2011 (SEDAR 25). SEDAR 25 indicates that 
black sea bass are no longer overfished, but are not yet fully rebuilt, 
and that black sea bass was experiencing overfishing to a small extent 
based on data from 2009 and 2010. Amendment 17B to the FMP (Amendment 
17B), which was implemented on January 31, 2011, established ACLs and 
AMs for black sea bass to ensure overfishing of black sea bass does not 
occur (75 FR 82280).
    The Magnuson-Stevens Act requires rebuilding plans to rebuild a 
stock within 10 years except under limited

[[Page 32409]]

circumstances. The rebuilding strategy for black sea bass, which was 
implemented in 2006 through Amendment 13C to the FMP (71 FR 55096, 
September 21, 2006), holds catch at a constant level as the stock size 
increases. The target time for rebuilding black sea bass is 2016. 
Because the stock is rebuilding, fishermen are encountering black sea 
bass more frequently than in recent years.
    NMFS is implementing, through this final rule, a modified 
rebuilding strategy that holds the combined commercial and recreational 
ACL at 847,000 lb (384,200 kg), round weight [717,797 lb (325,587 kg), 
gutted weight] for the next 2 fishing years; then changes the ACL to 
the yield at FRebuild. The Council's Scientific and 
Statistical Committee (SSC) endorsed this modification to the current 
rebuilding strategy, but recommended the ACL not be modified until a 
stock assessment update is completed before the 2014/2015 fishing year. 
This rebuilding strategy has a 66 percent probability of rebuilding the 
stock by 2016 while allowing increases to the ACL, if supported by the 
next stock assessment.
    Comment 2: One commenter is concerned that the continued shortening 
of the commercial fishing season for black sea bass has led to 
decreased revenues for his business.
    Response: The black sea bass commercial sector has closed much 
earlier the past 3 fishing years than in previous years, and in each of 
these years the fishing season was shorter than the previous fishing 
season. Thus, fishermen have experienced market glut during the months 
of June, July, and August, and the purchase and sale of black sea bass 
have been prohibited for the remainder of the season. Actions in 
Amendment 18A are intended to extend fishing opportunities further into 
the fishing season to mitigate these negative socioeconomic effects.
    Comment 3: One commenter states that the early in-season closures 
in the commercial and recreational sectors during the 2011/2012 fishing 
year were not necessary because the stock is no longer overfished.
    Response: Results of a 2011 stock assessment indicate that black 
sea bass are no longer overfished but are not rebuilt, and that the 
stock was undergoing overfishing to a minor degree according to 2009 
and 2010 data. Following this overfishing determination, Amendment 17B 
implemented AMs and ACLs on January 31, 2011, as required by the 
Magnuson-Stevens Act, to ensure that overfishing of black sea bass does 
not occur. In-season closures are a part of the system of commercial 
and recreational AMs and ACLs for the black sea bass component of the 
snapper-grouper fishery. The commercial sector AM for black sea bass 
closes the commercial sector if commercial landings reach, or are 
projected to reach, the commercial quota, which serves as the 
functional commercial sector ACL.
    The recreational sector AMs for black sea bass include closing the 
recreational sector when the ACL is met or projected to be met if the 
stock is overfished. Because the stock was still considered overfished 
during the 2011/2012 fishing year the sector was closed on October 17, 
2011, based on projections that the recreational ACL would be reached 
by that time. This final rule will modify the current recreational AMs 
to provide the Regional Administrator with the authority to close the 
recreational sector when the ACL is met or projected to be met 
regardless of the overfished status of black sea bass.
    Comment 4: One commenter states that the most recent stock 
assessment for black sea bass should have been delayed until 2011 data 
for the black sea bass segment of the snapper-grouper fishery could be 
included. One commenter recommends doing a new stock assessment for 
black sea bass as soon as possible because the species may no longer be 
undergoing overfishing.
    Response: NMFS and the Council must schedule stock assessments 
several years in advance to allow time for the needed data to be 
compiled for use by stock assessment scientists. Stock assessment 
schedules are reviewed by the Council and approved by the SEDAR 
Steering Committee. The schedule may be found at the SEDAR Web site: 
http://www.sefsc.noaa.gov/sedar/SEDAR_PlanSchedule_Nov2011.pdf. The 
next black sea bass stock assessment has not been scheduled yet.
    Amendment 17B (75 FR 82280, December 30, 2010) contained ACLs and 
AMs to address black sea bass overfishing, and prevent future 
overfishing from occurring, as required by the Magnuson-Stevens Act. 
Delaying the assessment until 2011 data became available would have 
delayed the implementation of Amendment 18A by 1 to 2 years. The 
Council's SSC endorsed a modified rebuilding strategy, previously 
discussed under the response to Comment 1, but recommended that the ACL 
not be modified until a stock assessment update is completed prior to 
the 2014/2015 fishing year. The stock assessment update would include 
any effects the actions in Amendment 17B may have had on ending 
overfishing of black sea bass.
    Comment 5: One commenter inquired as to why Mid-Atlantic and New 
England black sea bass have been successfully rebuilt while South 
Atlantic black sea bass have not.
    Response: Black sea bass are managed as separate stocks north and 
south of Cape Hatteras, North Carolina. When establishing a rebuilding 
plan for an overfished species, each Council must take into account 
many variables including the degree to which overfishing is occurring, 
Magnuson-Stevens Act requirements, the social and economic environment, 
and trends in effort which are unique to different fisheries. In 2000, 
black sea bass north of Cape Hatteras, North Carolina, were considered 
to be overfished and undergoing overfishing, and actions were taken to 
rebuild the stock. According to the 2010 Status of U.S. Fisheries found 
at: http://www.nmfs.noaa.gov/sfa/statusoffisheries/2010/2010_FSSI_non_FSSI_stockstatus.pdf, black sea bass north of Cape Hatteras, 
North Carolina, are no longer overfished and are not undergoing 
overfishing. A 2005 stock assessment indicated that the black sea bass 
stock south of Cape Hatteras, North Carolina, was still overfished and 
undergoing overfishing. Amendment 15A to the FMP implemented a 10-year 
rebuilding plan for South Atlantic black sea bass in 2008, designating 
2006 as year one of the plan. The most recent stock assessment for 
South Atlantic black sea bass, SEDAR 25, indicates that the stock is on 
track to be rebuilt by 2016.
    Comment 6: Several commenters stated the amount of regulatory 
discards of species, such as black sea bass, caused by a low bag limit 
and small recreational ACL has negatively impacted for-hire businesses 
because paying customers are not willing to charter vessels for trips 
that only allow catch-and-release. Thus, the number of trips and 
quality of trips for some for-hire businesses has decreased. On the 
other hand, two recreational anglers support a reduced bag limit in 
order to keep the recreational fishing season open longer.
    Response: Amendment 17B to the FMP implemented a recreational ACL 
for black sea bass of 409,000 lb (185,519 kg), gutted weight [482,620 
lb (218,913 kg), round weight]. In Amendment 18A, the Council 
considered a range of alternatives for modifying the rebuilding plan 
and the combined commercial and recreational ACL. The Council decided 
to maintain the combined ACL established in Amendment 17B through

[[Page 32410]]

the 2013/2014 fishing year until a stock assessment update can be 
completed. At that time the Council can decide whether increasing the 
combined ACL is appropriate. Further, the Council and NMFS anticipate a 
large increase in the allowable catch when the stock is rebuilt in 
2016. Regulatory Amendment 9 to the FMP and its implementing final rule 
(76 FR 34892, June 15, 2011) reduced the recreational bag limit from 15 
fish to 5 fish per person. The recreational bag limit was not the 
subject of the proposed rule to implement Amendment 18A; and therefore, 
the comments related to the recreational bag limit are beyond the scope 
of this rulemaking.
    Comment 7: One commenter stated it is incorrect for NMFS to 
partially attribute the early ACL closures in the black sea bass 
segment of the snapper-grouper fishery to shifting effort from other 
more heavily regulated species. The commenter states that anglers who 
would normally target species such as red snapper, for which harvest is 
now prohibited in the exclusive economic zone (EEZ), are not likely to 
shift their fishing effort to black sea bass. The commenter suggested 
effort would likely shift towards groupers, mutton snapper, or some 
other large fish species, all of which are legal to harvest June 
through October.
    Response: The rebuilding black sea bass population, which has led 
to increased catch per unit effort, is likely a more significant 
contributor to the ACLs being met early in the fishing season than 
effort shifting during the past 2 fishing years. However, during the 
initial development of Amendment 18A, the black sea bass commercial 
sector of the snapper-grouper fishery was open during seasonal closures 
for other species (vermillion snapper and shallow-water groupers) and 
total prohibitions on other species (red snapper). This scenario is 
likely to have caused some level of effort shifting to black sea bass. 
Additionally, the Council determined that management restrictions 
placed on other snapper-grouper species could cause further effort 
shifting to black sea bass in the South Atlantic.
    Comment 8: One commenter recommends that each state be assigned its 
own black sea bass quota based on historical landings, and argues that 
the Council process is no longer effective for the successful 
management of black sea bass because it does not allow for state-by-
state quotas. One commenter suggests that the Council manage black sea 
bass off the coast of Florida separately from the other states in the 
South Atlantic, and another commenter suggests that the Council manage 
black sea bass off the coast of North Carolina separately from the 
other states in the South Atlantic. One commenter recommends the 
creation of separate ACLs for the two gear components of the commercial 
black sea bass sector; namely, an ACL for the pot component and an ACL 
for the hook-and-line component.
    Response: The Council has discussed state-by-state quotas several 
times in reference to various fish species including black sea bass. 
However, enforcement of different state quotas or ACLs along state 
boundary lines is likely to be very difficult. Additionally, 
administrative difficulties associated with monitoring very small state 
ACLs have prevented the Council from endorsing state-by-state quotas as 
a management tool. Implementing gear specific ACLs for the pot and 
hook-and-line components of the commercial black sea bass sector would 
have similar issues, and enforcement of these separate component ACLs 
would be difficult if fishermen used both gear types on one vessel. 
Again, monitoring these smaller component ACLs would be 
administratively difficult. However, the Council will continue to 
discuss these issues and explore options for implementation of state 
ACLs and separate gear ACLs as quota monitoring capabilities improve 
over time.
    The Council process is effective in managing the black sea bass 
stock in the South Atlantic. In 2005, a stock assessment indicated that 
black sea bass in the South Atlantic was still overfished and 
undergoing overfishing. Through the Council process a rebuilding plan 
was implemented and the most recent stock assessment indicates that 
this stock is no longer overfished and is on track to be rebuilt by 
2016.
    Comment 9: One commenter recommends a recreational tag program 
where recreational anglers are issued a pre-set number of tags (similar 
to North Carolina swan tags) that can be used to harvest black sea bass 
throughout the year. The commenter believes that a tag system for black 
sea bass would allow recreational fishermen to participate in the black 
sea bass segment of the snapper-grouper fishery throughout the year, 
and could improve recreational data for black sea bass. One commenter 
recommends that NMFS use game wardens to perform dockside checks to 
gather recreational harvest data, or have state game wardens fill out 
catch reports because recreational fishermen may not accurately report 
their catch during dockside and phone interviews.
    Response: The suggestion of tag limits to allow participation 
throughout the year or improve data collection, and the use of game 
wardens were not the subject of the proposed rule to implement 
Amendment 18A; the purpose of Amendment 18A is to address overcapacity 
in the black sea bass segment of the snapper-grouper fishery and 
therefore, the comments related to tag limits and game wardens are 
beyond the scope of this rulemaking. However, the Council is not 
precluded from considering a fish tag program or other ways to collect 
data in the future.
    Comment 10: One commenter is concerned the increasing rate of 
recreational harvest of black sea bass is shrinking the allocation for 
the commercial sector. The same commenter recommends establishing a 
control date using a year when commercial and recreational harvest were 
closer to being equal and implementing a Federal recreational fishing 
permit with reporting requirements.
    Response: As noted in response to Comment 6 above, the Council 
considered modifying the combined commercial and recreational ACL in 
Amendment 18A but chose to maintain the combined ACL established in 
Amendment 17B until a stock assessment update is completed. These ACLs 
are based on the 57 percent recreational/43 percent commercial 
allocation established in Amendment 13C to the FMP (71 FR 55096, 
September 21, 2006), which used historical landings data from 1999-
2003. The Council did not consider changing this allocation formula in 
Amendment 18A.
    The Council recommended a control date of December 4, 2008, for the 
black sea bass pot segment of the snapper-grouper fishery (74 FR 7848, 
February 20, 2009) based on concerns about a potential increase in the 
number of participants in the fishery that may result because of 
increased regulations on other species in the snapper-grouper complex. 
However, the Council did not use the December 4, 2008 control date 
because they decided that the eligibility criteria should give more 
weight to present participation in the fishery. The Council's 
eligibility criteria included average annual historical landings of at 
least 2,500 lb (1,134 kg), round weight [2,118 lb (961 kg), gutted 
weight] between January 1, 1999, and December 31, 2010, in addition to 
having some (at least 1 1b (0.4 kg)) reported black sea bass landings 
between January 1, 2008, and December 31, 2010.
    A recreational permit program for private recreational anglers was 
also not

[[Page 32411]]

the subject of the proposed rule implementing Amendment 18A, and 
therefore, the comments related to a recreational permit program are 
beyond the scope of this rulemaking. However, this does not preclude 
the Council from considering such a program in the future.
    Comment 11: Two commenters state that the Council should declare 
its long-term objectives for the black sea bass commercial sector in 
order to establish reasonable allocations. Additionally, one commenter 
states that NMFS is disproportionately swayed by environmental 
organizations in their precautionary approach to managing black sea 
bass, and NMFS does not adequately take into account the concerns of 
the recreational sector when making decisions.
    Response: The Council's long-term objective for the commercial 
black sea bass sector within the snapper-grouper fishery is to achieve 
the optimum yield (OY) for the resource. The Council did not consider 
changing the commercial and recreational allocations in Amendment 18A. 
However, the Council did consider minimizing adverse socioeconomic 
impacts to the recreational and commercial black sea bass sectors when 
developing the management measures contained in Amendment 18A and this 
final rule.
    Throughout the development of Amendment 18A and this rulemaking, 
the Council and NMFS considered input from all stakeholders. No one 
organization or entity was given a disproportionate influence in public 
participation during the Council and rulemaking process.
    Comment 12: One commenter states that NMFS should allocate fewer 
funds to the Council's advisory panels (APs) and re-allocate those 
funds to law enforcement because the APs do not function adequately.
    Response: This comment is beyond the scope of this rulemaking and, 
therefore, is not addressed here.
    Comment 13: One commenter supports a mid-August to mid-December 
seasonal closure if NMFS chooses to implement a seasonal closure. These 
months are considered the slowest time of year for the for-hire sector 
in the state of Florida, and any closure that would include the months 
of May through July is discouraged because black sea bass are one of 
the only species available when bottom water off the Florida coast 
cools in the summer. One commenter recommended changing the opening 
date of the black sea bass component of the snapper-grouper fishery to 
coincide with the opening of the vermilion snapper fishing season, 
which is July 1, in order to reduce the directed targeting of black sea 
bass during the month of June.
    Response: The Council only considered seasonal closures during the 
black sea bass spawning season, which is March through May. The Council 
chose not to implement a spawning season closure for black sea bass 
based on information that indicated black sea bass do not have 
increased vulnerability during the spawning season like other snapper-
grouper species, such as shallow-water groupers. Additionally, 
Amendment 18A states that peak spawning for black sea bass occurs at 
different times of the year in different areas of the South Atlantic, 
ranging from late winter/early spring off Georgia and Florida to 
primarily spring off North Carolina and South Carolina. The lack of a 
spawning season closure should not have a negative impact on spawning 
of black sea bass. The Council could revisit options for black sea bass 
seasonal closures in the future.
    Amendment 13C to the FMP (71 FR 55096, September 21, 2006) 
established a June 1 start date for the black sea bass fishing year for 
both the commercial and recreational sectors with the intent that, if a 
closure should occur, it would most likely coincide with the black sea 
bass spawning season. The Council again considered a change in the 
black sea bass fishing year as a possible means to extend the black sea 
bass season during the development of Regulatory Amendment 9 to the FMP 
(76 FR 34892, June 15, 2011), although they decided not to change the 
starting date for the fishing year at that time. Furthermore, the 
Council considered two 6-month fishing seasons (June-November and 
December-May) for black sea bass in Regulatory Amendment 9. However, 
NMFS disapproved this action due to concerns this action could result 
in the presence of numerous vertical black sea bass pot buoy lines 
within the endangered northern right whale migration route during the 
time of year when the whales are transiting off the Southeast coast.
    The Council recognizes that the timing of the opening and closing 
dates of the fishing season affects South Atlantic states differently. 
For this reason, the Council has discussed the possibility of state-by-
state quotas for black sea bass and could consider such a regional 
approach to management in a future amendment. Additionally, the 
Snapper-Grouper AP has expressed its support for this type of a 
regional approach to the management of black sea bass.
    Comment 14: Four commenters state that an in-season closure of the 
black sea bass segment of the snapper-grouper fishery during the winter 
is not an appropriate management measure because the winter months are 
the time when black sea bass are most prolific off the coast of North 
Carolina, and fishing during the winter would help maximize 
profitability of for-hire operations.
    Response: Regulations implementing Amendment 17B included AMs for 
black sea bass to ensure that the ACL is not exceeded and to correct 
for an ACL overage should one occur. One component of the system of AMs 
implemented through Amendment 17B is that the recreational sector will 
close when the recreational sector ACL is met or projected to be met, 
but it only applies if the stock is overfished. Regardless of 
overfished status, the ACL would be reduced by the amount of the 
overage in the following year. The Council determined that an in-season 
closure is needed for the recreational sector regardless of the 
overfished status because catches have increased for black sea bass as 
the stock rebuilds. Thus, the overage could be very large, and a 
substantial reduction in the ACL could occur in the following year if 
there is no in-season closure of black sea bass. Therefore, the Council 
selected the alternative that provides the RA authority to close the 
recreational sector when the ACL is met or projected to be met 
regardless of the overfished status of the stock. The timing of a 
commercial or recreational in-season closure will depend on the fishing 
effort and when landings reach the appropriate level to trigger the 
AMs.
    Comment 15: Two recreational anglers state that the two main issues 
that negatively impact the black sea bass stock are inadequate Federal 
management and continuing to allow the use of black sea bass pots.
    Response: For reasons articulated in Amendment 4 to the FMP, black 
sea bass pots are an allowable and appropriate gear type for black sea 
bass. The final rule implementing Amendment 4 to the FMP contained a 
prohibition on the use of fish traps in the South Atlantic EEZ based on 
concerns related to ghost fishing by lost traps, habitat damage, 
enforcement difficulties, and bycatch mortality issues. Page 71 of 
Amendment 4 outlines the rationale for the Council's choice to prohibit 
all fish traps, except black sea bass pots, north of 28[deg]35.1' N 
latitude because black sea bass pot construction specifications make 
them highly selective for black sea bass, and bycatch is minimal.
    Federal management of black sea bass includes a rebuilding plan and 
commercial and recreational ACLs and

[[Page 32412]]

AMs. Currently, when the commercial ACL is reached or projected to be 
reached, commercial harvest and sale of the species is prohibited and 
the black sea bass pots must be removed from the water. This rule 
implements an endorsement program that limits the number of commercial 
permit holders allowed to fish for black sea bass with pot gear. This 
rule also limits the number of black sea bass pot tags issued to each 
endorsement holder each permit year; specifies a commercial trip limit; 
increases the commercial minimum size limit; and requires that all 
black sea bass pots be brought back to shore at the conclusion of each 
trip. The Council and NMFS believe that these measures, together with 
the existing measures, comprise an appropriate conservation and 
management program for black sea bass in the South Atlantic.
    Comment 16: Two commenters support the actions contained in 
Amendment 18A that update the rebuilding plan for black sea bass based 
on the most recent stock assessment. One commenter states that the 
rebuilding strategy should be based upon a constant fishing mortality 
rate, rather than a constant catch rate.
    Response: NMFS agrees that the actions updating the rebuilding plan 
based on the most recent stock assessment are appropriate.
    The Council considered various rebuilding plans based on either a 
constant fishing mortality rate or on a constant catch rate. 
Originally, the Council chose to define a rebuilding strategy for black 
sea bass that maintains a constant fishing mortality rate throughout 
the remaining years of the rebuilding timeframe, which would allow the 
greatest amount of harvest possible, while still having a 50 percent 
chance of rebuilding by 2016. However, at its December 2011 meeting, 
the Council determined a more conservative rebuilding strategy 
alternative that incorporates a higher probability of rebuilding by the 
start of the 2016/2017 fishing year is more appropriate for the stock. 
Therefore, the preferred rebuilding strategy alternative was changed 
from a constant fishing mortality rate to a rebuilding strategy that 
would hold catch at the current level for the 2012/2013 and 2013/2014 
fishing years, and then change to a constant catch rebuilding strategy. 
The Council's preferred rebuilding strategy has a 66 percent chance of 
rebuilding the stock by 2016.
    Comment 17: A number of commenters expressed concerns regarding the 
eligibility criteria for the black sea bass pot endorsement. Two 
commenters oppose the landings qualification because it will exclude 
some fishermen who have invested in the black sea bass commercial 
sector of the snapper-grouper fishery. Another commenter believes too 
many Unlimited South Atlantic Snapper-Grouper Permit holders will 
qualify for the endorsement. Two commenters are concerned that the 
endorsement program favors older fishermen with a more established 
catch history for black sea bass. One commenter states that the 
Councils choice of qualifying criteria for the endorsement program is 
not fair and equitable.
    Response: The objective of the black sea bass endorsement program 
is to reduce the rate of harvest and limit the number of the 
participants in the black sea bass pot segment of the snapper-grouper 
fishery to curtail derby fishing conditions, which have caused the 
commercial fishing season to close early for the past 3 fishing years. 
In determining which eligibility criteria were most appropriate, the 
Council considered this objective and the requirements for establishing 
a limited access system set forth in section 303(b)(6) of the Magnuson-
Stevens Act (16 U.S.C. 1853(b)(6)), which include present participation 
in the fishery and historical fishing practices in, and dependence on 
the black sea bass segment of the snapper-grouper fishery, and the fair 
and equitable distribution of fishing privileges.
    Regarding the number of permit holders who will qualify for the 
endorsement, prior to the Council finalizing Amendment 18A at its 
December 2011 meeting, the preferred endorsement eligibility criteria 
required that fishermen have average annual historical landings greater 
than 3,500 lb (1,588 kg), round weight [2,966 lb (1,345 kg), gutted 
weight] between January 1, 1999, and December 31, 2010. Under the 
3,500-lb (1,588-kg), round weight criterion, 24 fishery participants 
would be eligible to receive black sea bass pot endorsements.
    After reviewing public comments during its December 2011 meeting, 
the Council determined that limiting the number of black sea bass pot 
endorsements to 24 participants would eliminate too many fishermen from 
the black sea bass pot segment of the snapper-grouper fishery who had 
historically fished large quantities of black sea bass with pot gear. 
Therefore, the Council chose to change its preferred eligibility 
criteria to average annual historical landings of at least 2,500 lb 
(1,134 kg), round weight [2,118 lb (961 kg), gutted weight] between 
January 1, 1999, and December 31, 2010, in addition to having some (at 
least 1 1b (0.4 kg)) reported black sea bass landings between January 
1, 2008, and December 31, 2010. This addressed both historical fishing 
practices as well as current participation in the black sea bass pot 
segment of the snapper-grouper fishery. Applying these new criteria 
will result in the issuance of 31 endorsements. The Council determined 
that this resulted in the fair and equitable distribution of fishing 
privileges.
    Comment 18: Two commenters recommend that the Council allow 
management measures such as the commercial trip limit and the limit on 
the number of black sea bass pot tags issued to each permit holder each 
permit year, to work before reducing capacity in the pot segment of the 
fishery through an endorsement program.
    Response: As noted in the response to comment 17, the objective of 
the black sea bass endorsement program is to reduce the rate of harvest 
and limit the number of the participants in the black sea bass pot 
segment of the snapper-grouper fishery to curtail derby fishing 
conditions, which have caused the commercial fishing season to close 
early for the past 3 fishing years. The Council does not believe that a 
commercial trip limit and limitation on the number of black sea bass 
pots alone will be sufficient to ease derby fishing conditions.
    Comment 19: One commenter states that only two black sea bass pot 
fishermen in the state of Florida would qualify for the endorsement.
    Response: NMFS estimates that six fishermen from Florida 
(identified by the address on record with the NMFS Permits Office) will 
qualify for a black sea bass endorsement.
    Comment 20: One commenter suggests that a catch share program for 
black sea bass is a more appropriate means of managing the commercial 
sector rather than an endorsement program. The commenter cites the need 
to provide black sea bass to consumers year round and prevent market 
gluts when the black sea bass season opens.
    Response: This comment is beyond the scope of this rulemaking. 
However, the Council previously considered an action to establish a 
catch share program for black sea bass in Amendment 21 to the FMP but 
tabled that amendment due to lack of public support. The Council may 
decide to again consider a catch share program for black sea bass in 
the future.
    Comment 21: Two commenters support the endorsement program appeals 
process included in Amendment 18A.

[[Page 32413]]

    Response: NMFS agrees that setting aside a period of time for those 
who feel they may have been inappropriately excluded from the black sea 
bass pot endorsement program to appeal their exclusion from the program 
is important and consistent with appeals processes for limited access 
programs implemented by NMFS.
    Comment 22: Three commenters support limiting the number of black 
sea bass pot tags issued to each endorsement holder per permit year to 
35.
    Response: NMFS agrees that limiting the number of black sea bass 
pot tags issued to each endorsement holder to 35 tags per permit year 
will be an effective means of reducing the rate of harvest of black sea 
bass in the commercial sector, improve in-season management of the 
species, reduce the amount of vertical-line gear in the water to reduce 
entanglement risks to protected species in the area, reduce the chance 
that pots could be lost and that ghost fishing could occur, and limit 
overall effort in the black sea bass pot segment of the snapper-grouper 
fishery.
    Comment 23: Two commenters support the provision to require black 
sea bass traps to be brought back to shore at the end of each trip. One 
commenter opposes this provision because some fishermen may fish 
differently in other regions of the South Atlantic and one commenter 
opposes this provision because the same is not required for spiny 
lobster traps, which are fished in much greater abundance than black 
sea bass pots. One commenter states that ghost fishing can be addressed 
through the use of improved biodegradable escape panels. This same 
commenter is concerned that traps would be required to be pulled from 
the water during foul weather events.
    Response: Currently, black sea bass fishermen can leave black sea 
bass pots in the water for the duration of the commercial fishing 
season. Although approximately 62 percent of black sea bass pot 
fishermen currently bring their black sea bass pots back to shore at 
the conclusion of each trip, others may leave untended gear in the 
water for the entire season. Allowing this practice to continue would 
perpetuate the problem of ghost fishing by lost traps.
    However, ghost fishing by lost black sea bass pots is not the only 
rationale for requiring that the pots be brought back to shore at the 
end of every trip. The longer the black sea bass pots remain in the 
water the greater the risk of lost pots, unintended bycatch of black 
sea bass, and the amount of vertical-line gear in the water. This is 
true regardless of where black sea bass pot fishing takes place within 
the South Atlantic Region.
    Weather is always a factor that must be considered in planning 
fishing trips. NMFS believes that fishers will make informed decisions 
about when to fish and when to end a trip and pull traps from the 
water.
    The Council recognized that there are similar concerns with spiny 
lobster traps and addressed the issue of removing derelict spiny 
lobster traps in Amendment 10 to the Spiny Lobster FMP (76 FR 75488, 
December 2, 2011).
    Comment 24: Four commenters support the 1,000-lb (454-kg), gutted 
weight, commercial trip limit for black sea bass.
    Response: NMFS supports the 1,000-lb (454-kg), gutted weight, 
commercial trip limit for black sea bass as a means of extending the 
commercial fishing opportunities further into the fishing year, while 
still allowing commercial black sea bass pot fishermen to have 
economically profitable trips.
    Comment 25: Two commenters support requiring selected for-hire 
vessels to report landings information electronically.
    Response: NMFS supports the requirement that selected for-hire 
(both charter and headboat) vessels report landings information 
electronically on a weekly or daily basis. Currently, selected charter 
vessels are required to report on a weekly basis, and selected headboat 
vessels are required to report at the end of each month. Increased 
reporting frequency for selected for-hire vessels will improve in-
season management of the recreational sector for snapper-grouper.
    Comment 26: Four commenters support increasing the commercial and 
recreational minimum size limits for black sea bass. Several commenters 
noted a disparity between commercial and recreational restrictions on 
fishing for black sea bass. Specifically, several commenters oppose 
increasing the recreational minimum size limit without increasing the 
commercial minimum size limit to the same size. One commenter states 
that the increase of the recreational minimum size limit is too large 
and would guarantee increased discards. Two commenters state the 
recreational minimum size limit should be 12 inches (30 cm), TL. Two 
commenters oppose the use of minimum size limits as a management 
measure for black sea bass.
    Response: NMFS is increasing the minimum size limit for black sea 
bass in the commercial sector from 10 inches (25 cm), TL, to 11 inches 
(28 cm), TL, and in the recreational sector from 12 inches (30 cm), TL, 
to 13 inches (33 cm), TL. Public hearing comments were divided on the 
usefulness of increasing minimum size limits for black sea bass. The 
Snapper-Grouper AP supported increasing the minimum size limits to slow 
the rate of harvest of black sea bass. The SSC also supported 
increasing the recreational and commercial black sea bass minimum size 
limits because larger fish are economically more valuable.
    The Council determined that it was unnecessary for the commercial 
and recreational minimum size limits to be the same because the 
commercial and recreational sectors for black sea bass are managed 
differently. The commercial and recreational sectors are each allocated 
their own portion of the allowable catch and each sector will close 
when their respective ACLs are met or are projected to be met.
    The most recent stock assessment for black sea bass (SEDAR 25) 
indicates release mortality of black sea bass is very low (7 percent 
for hook-and-line; 1 percent for black sea bass pot) if fish are 
returned to the water quickly. The Council chose an 11-inch (27.9 cm) 
size limit for the commercial sector because pots catch a large number 
of fish and the Council was concerned that a substantial increase in 
the minimum size limit for the commercial sector could cause an 
increase in dead discards if there was an increase in the time 
undersized black sea bass were out of the water. The current minimum 
size limit in the commercial sector is 10 inches (25 cm), TL, and the 
2-inch (5-cm) back panel of the pots culls out a large portion of fish 
less than 11-inches (28-cm), TL.
    Recreational sector participants use hook-and-line gear, which 
generally catches one or two fish at a time. Therefore, regulatory 
discards in the recreational sector are more likely to be released 
quickly and alive, when compared to the commercial sector if there are 
large numbers of undersized fish to cull out.
    Comment 27: Several commenters oppose implementing a 1,000-lb (454-
kg), gutted weight, commercial trip limit, while the recreational 
sector is limited to only 5 fish per person per day.
    Response: The Council did not address the recreational bag limit 
for black sea bass in Amendment 18A. The 5-fish bag limit was 
implemented through Regulatory Amendment 9 in 2011. Previously, the 
commercial sector had no trip limit, which contributed to derby fishing 
conditions that negatively affect profitability and safety of 
fishermen. The 1,000-lb (454-kg), gutted weight, trip limit is expected 
to reduce

[[Page 32414]]

the rate of harvest and help constrain harvest to the ACL.
    Comment 28: One commenter states that commercial trip limits and 
the requirement that pots be brought to shore each day is not necessary 
to reduce the risk of right whale interactions with black sea bass 
pots. This commenter believes that gear modifications could reduce the 
risk of interactions with right whales and notes that there has never 
been a documented interaction between black sea bass pot gear and right 
whales.
    Response: NMFS completed a biological opinion on the South Atlantic 
snapper-grouper fishery on June 7, 2006. The biological opinion 
concluded that the continued authorization of the snapper-grouper 
fishery was not likely to adversely affect marine mammals, in part, 
because there has never been a documented interaction between black sea 
bass pot gear and large whales in the South Atlantic. However, for a 
majority of large whale entanglements, the actual fishery involved in 
the interaction cannot be determined and entanglements in trap gear 
similar to black sea bass pots have occurred in the South Atlantic. 
Thus, there is the risk of large whale entanglements in black sea bass 
pot gear.
    The management measures contained in Amendment 18A, including the 
commercial trip limit and the requirement to return black sea bass pot 
gear to shore at the conclusion of each trip, lessen that risk. The 
Atlantic Large Whale Take Reduction Team (ALWTRT) has identified 
reducing the entanglement of North Atlantic right whales in vertical 
lines (i.e., trap lines), particularly in the Southeast during the 
winter calving season (November-April), as a conservation priority. As 
part of their objective of large whale conservation, the ALWTRT may 
consider the use of modified vertical line gear that decreases the risk 
of entanglement of large whales.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with the FMP, Amendment 18A, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    The Council and NMFS prepared a final environmental impact 
statement (FEIS) for Amendment 18A. The FEIS was filed with the EPA on 
February 10, 2012. A notice of availability was published on February 
17, 2012 (77 FR 9652). In partially approving Amendment 18A, NMFS 
issued a Record of Decision identifying the selected alternatives. A 
copy of the record of decision (ROD) is available from NMFS (see 
ADDRESSES).
    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 Comments and Responses section in the responses to 
comments 2, 6, and 17. No changes in the final rule were made 
in response to public comments.
    NMFS agrees that the Council's choice of preferred alternatives 
would best achieve the Council's objectives while minimizing, to the 
extent practicable, the adverse effects on fishers, support industries, 
and associated communities. The preamble to the final rule provides a 
statement of the need for and objectives of this rule, and it 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 will introduce certain changes to current 
reporting, record-keeping, and other compliance requirements. In 
particular, a sample of the 1,985 vessels with for-hire snapper-grouper 
permits would be required to electronically report their harvest. 
Because all headboats are currently subject to logbook reporting, the 
incremental professional skill needed under the new requirement would 
be relatively small. The incremental professional skill required of 
charterboats would be relatively higher because only about 10 percent 
of charter captains are currently contacted on a weekly basis to 
collect trip level information.
    NMFS expects this final rule to directly affect commercial fishers 
and for-hire operators. The Small Business Administration 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 independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts are not in excess of $4.0 
million (NAICS code 114111, finfish fishing) for all of its affiliated 
operations worldwide. For for-hire vessels, other qualifiers apply and 
the annual receipts threshold is $7.0 million (NAICS code 713990, 
recreational industries).
    From 2005-2010, an annual average of 247 vessels with valid permits 
to operate in the commercial snapper-grouper fishery landed black sea 
bass, generating dockside revenues of approximately $1.103 million 
(2010 dollars). Each vessel, therefore, generated an average of 
approximately $4,465 in gross revenues from black sea bass. Vessels 
that operate in the black sea bass segment of the snapper-grouper 
fishery may also operate in other segments of the snapper-grouper 
fishery, the revenues of which are not reflected in these totals.
    Based on revenue information, all commercial vessels affected by 
the rule can be considered small entities.
    From 2005-2010, an annual average of 1,985 vessels had valid 
permits to operate in the for-hire sector of the snapper-grouper 
fishery, of which 85 are estimated to have operated as headboats. The 
for-hire fleet consists 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 (2010 dollars) 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 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 to an unknown extent, and NMFS treats all vessels as 
independent entities in this analysis.
    NMFS expects the final rule to directly affect all federally 
permitted commercial vessels harvesting black sea bass 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, NMFS determines that 
this final rule will affect a substantial number of small entities.
    NMFS considers all entities expected to be affected by the rule as 
small

[[Page 32415]]

entities, so the issue of disproportional effects on small versus large 
entities does not arise in the present case.
    Setting the ACL, ABC, and OY equal to one another would provide an 
economic environment that would allow small entities to maintain or 
increase their profits by way of maximizing their use of the black sea 
bass resource.
    Establishing a black sea bass pot endorsement program would likely 
result in profit increases to those who would qualify and profit 
decreases to those who would not. Out of the 50 to 60 individuals that 
currently fish for black sea bass using pots, approximately 31 would 
qualify for the endorsement. Although those who would not qualify could 
still fish for black sea bass using other gear types, their harvest 
performance could suffer. Because a limited number of individuals could 
fish for black sea bass using pots under the endorsement program, the 
fishing season for the commercial sector would likely remain open 
longer than it has in the last few years. This could cause overall 
industry profits to increase or at least remain stable.
    Establishing an appeals process for fishermen initially excluded 
from the black sea bass pot endorsement program would provide 
opportunities for those qualified to receive their endorsement. Given 
the narrow basis for appeals, only a limited number of appeals would 
likely be successful.
    Limiting the number of pots per vessel would likely decrease the 
short-term profits of small entities. The maximum number of 35 pots 
allowed per vessel is lower than the current average of 45 pots per 
vessel fished, and would affect about 48 percent of the trips. Vessels 
that have historically used more than 35 pots per trip would generate 
lower revenues per trip or higher overall fishing costs to maintain the 
same overall revenues. However, because the endorsement program would 
limit the number of participants in the black sea bass pot segment of 
the snapper-grouper fishery, fishermen who would be adversely affected 
by the limit on the number of pot tags per vessel could take more trips 
to recoup their losses. Thus, overall industry profits, which are 
expected to increase or remain stable under the endorsement program, 
may remain unaffected by the potential losses to fishermen adversely 
affected by the limit on pot tags.
    Requiring that black sea bass pots be brought back to shore at the 
conclusion of each trip as a means to reduce bycatch may restrict the 
fishing operations of some vessels. Its effects on profits are 
relatively unknown, but NMFS notes that in approximately 65 percent of 
trips, pots are brought back to shore. If vessels undertake longer 
trips to allow their pots to fish longer, costs could rise because no 
restriction exists on the length of each trip. If this practice results 
in maintaining the same revenues per trip, vessel profits could 
decrease. If, however, this requirement results in less ghost fishing 
and less interaction with protected species, future restrictions 
imposed on the fishery may lessen, such that long-term profits of small 
entities would remain sustainable.
    The recreational AMs, consisting of the in-season harvest and 
possession restriction if the recreational ACL is met or projected to 
be met and the post-season reduction in the sector's ACL if the 
recreational ACL is exceeded in the current year, would likely reduce 
the short-term profits of for-hire vessels. Similarly, the commercial 
AMs consisting of the in-season prohibition on the purchase and sale of 
black sea bass and the post-season reduction in the sector's ACL, would 
likely result in profit reductions to the commercial vessels. To the 
extent that this provision allows the rebuilding target to be reached 
within the rebuilding period, long-term profits to for-hire and 
commercial fishing operations would increase. In addition, the 
projected increases in the aggregate (commercial and recreational) ACL 
under the rebuilding strategy, as long as the prior year's combined ACL 
is not exceeded, would tend to negate some or all of the adverse profit 
effects of the post-season AM applied to either the commercial or 
recreational sector. If either sector, but not both, exceeds its ACL in 
the current year, that sector's ACL would be reduced the following 
year. The combined commercial and recreational ACL, and therefore the 
sector ACLs, would still increase so long as the combined ACL is not 
exceeded in the prior year.
    Establishing a commercial vessel trip limit of 1,000 lb (454 kg), 
gutted weight [1,180 lb (535 kg), round weight], would tend to 
adversely affect the catch and revenue per trip of vessels that 
generally land over this limit. Based on the 2010-2011 fishing season 
data, this alternative would adversely affect approximately 8.4 percent 
of trips accounting for a total of about 83,000 lb (37,648 kg), valued 
at about $203,000. NMFS notes, though, that this trip limit could 
lengthen the fishing season, allowing opportunities for some vessels to 
recoup some of their revenue losses for the year. At any rate, NMFS 
expects that some of these revenue reductions would filter into the 
bottom line of some vessels and potentially the bottom line of the 
entire industry. The actual extent of industry profit reduction cannot 
be estimated based on available information.
    Increasing the recreational minimum size limit from 12 inches (30 
cm), TL, to 13 inches (33 cm), TL, could reduce the black sea bass 
harvests of headboats from 20.9 percent to 22.6 percent and black sea 
bass harvests of other fishing modes (i.e. charterboats and private 
vessels) from 18.8 percent to 20.3 percent. These harvest reductions 
could lead to trip cancellations because the quality of the fishing 
experience would decrease. However, these harvest reductions could be 
recouped through additional trips with a lengthened season. The actual 
effects on for-hire vessel profits depend on whether there would be 
trip cancellations, which is uncertain based on available information.
    Increasing the commercial size limit from 10 inches (25 cm), TL, to 
11 inches (28 cm), TL, could reduce the black sea bass harvests of 
commercial vessels by slightly over 9 percent. Actual reductions in 
harvest would partly depend on whether vessels take additional or 
longer trips to recoup potential harvest losses. Although additional or 
longer trips would maintain total revenues, either by maintaining the 
same harvest or by generating more revenue per fish since a bigger 
black sea bass generally commands a higher price, costs would also 
increase. The net effects on per vessel and industry profits cannot be 
determined with available information.
    Requiring selected for-hire vessels to report electronically would 
affect some of the 1,985 vessels with for-hire snapper-grouper permits. 
This requirement would add costs to these vessels' operations. The 
incremental costs to selected headboats would not likely be as much as 
for charterboats because headboats are currently subject to logbook 
reporting. Charterboats are not currently subject to logbook reporting 
although NMFS now routinely contacts some charter captains to collect 
trip level information. The resulting effects to for-hire vessel 
profits are indeterminable.
    Amendment 18A contains other provisions that could eventually have 
effects on the operations of small entities. First, modifying the 
rebuilding strategy and setting the ABC for black sea bass would retain 
the current economic status of small entities for the next 2 years of 
the rebuilding period. Thereafter, profits to small entities may 
increase with a shift from a constant catch strategy to a constant 
fishing mortality strategy that would allow the

[[Page 32416]]

ABC to increase over time depending on the results of future stock 
assessments. Second, as part of modifying the rebuilding strategy, 
overfishing for black sea bass will be determined on an annual basis 
using the maximum fishing mortality threshold and the overfishing 
limit. This provision alone would not affect the profits of small 
entities. Third, an ACT for the recreational sector would account for 
management uncertainty in the recreational sector, related in part to 
the timely accounting of this sector's harvests. Currently, this ACT 
does not trigger application of AMs, so short-term profits to small 
entities would remain unaffected. If the Council decides in the future 
to use the ACT as the trigger for application of AMs, profits to small 
entities may be adversely affected. However, because this measure is 
designed to help ensure that the rebuilding strategy stays on track, 
long-term profitability would be sustainable.
    Five alternatives, including the preferred alternative, were 
considered for modifying the rebuilding strategy and ABC. The preferred 
alternative has a relatively high probability of rebuilding the stock 
so that it is more likely to result in ABC increases after the first 2 
years. The actual ABC levels after 2 years are currently unknown but 
would be specified based on future stock assessments. The first 
alternative, the no action alternative, would maintain the constant 
catch rebuilding strategy and current ABC throughout the rebuilding 
timeframe. This alternative has the same probability of rebuilding the 
stock as the preferred alternative. Because it would maintain the same 
ABC over time it would likely result in lower economic benefits than 
the preferred alternative. The second alternative would establish a new 
constant catch rebuilding strategy with a higher (than current) ABC 
throughout the remaining years of the rebuilding timeframe. Relative to 
the preferred alternative, the second alternative would provide for a 
higher ABC for 2 years and a lower or higher ABC thereafter depending 
on the results of future stock assessments. Thus, the sum of economic 
benefits over the rebuilding timeframe under this alternative could be 
lower or higher than that of the preferred alternative, depending on 
the preferred alternative's actual ABC level. It may only be noted 
that, being a constant catch strategy, this alternative would likely 
lead to the ACL being met sooner as the fish stock rebuilds, resulting 
in applications of in-season and post-season AMs. The third 
alternative, with two sub-alternatives, would establish a constant 
fishing mortality rebuilding strategy throughout the remaining years of 
the rebuilding timeframe. Under the first sub-alternative, the fishing 
mortality rate would be 75 percent of the fishing mortality at MSY (75-
percent FMSY), and under the second sub-alternative, the 
fishing mortality rate that would rebuild the stock by 2016 
(FREBUILD by 2016). These two sub-alternatives would provide 
for higher ABCs than the preferred alternative during the first 2 
years, and thus, higher economic benefits in the short term. These two 
sub-alternatives would also result in higher economic benefits in the 
long term if the preferred alternative's future ABCs were not 
substantially higher than those of the two sub-alternatives. The fourth 
alternative would maintain the current constant catch strategy and ABC 
for the next 2 years of the rebuilding timeframe and switch to a 
constant fishing mortality strategy at FREBUILD throughout 
the remainder of the rebuilding timeframe. This alternative would 
provide for the same ABC as the preferred alternative during the first 
2 years, but relates to a lower probability of rebuilding the stock to 
biomass at MSY. Because this alternative has the same ABCs as the 
preferred alternative during the first 2 years and adopts a constant 
fishing mortality rebuilding strategy thereafter, it is possible the 
two alternatives would result in about the same economic effects over 
time.
    Four alternatives, including the preferred alternative, were 
considered for modifying the ACL for black sea bass. The first 
alternative, the no action alternative, would maintain the existing ACL 
equal to ABC and OY equal to 75 percent of the fishing mortality at 
MSY. This alternative is more restrictive than the preferred 
alternative in setting OY as the underlying goal of managing the black 
sea bass stock. The second alternative would set the ACL equal to 90 
percent of the ABC and the latter equal to OY. The third alternative 
would set the ACL equal to 80 percent of the ABC and the latter equal 
to OY. These other alternatives would provide for a lower ACL than the 
preferred alternative, and thus lower economic benefits as well.
    Three alternatives, including the preferred alternative, were 
considered for establishing an endorsement program for the black sea 
bass pot segment of the snapper-grouper fishery. The first alternative, 
the no action alternative, would not establish an endorsement program. 
This alternative would continue to allow anyone with an Unlimited or 
225-lb (102-kg) Limited Snapper-Grouper Permit to engage in the black 
sea bass pot segment of the snapper-grouper fishery. This would 
increase the likelihood of the derby-style fishing conditions, 
potentially dampening industry profitability. The second alternative 
includes seven sub-alternatives, of which one is the preferred sub-
alternative that would require minimum landings of 2,500 lb (1,134 kg), 
round weight, to be eligible to participate in the endorsement program. 
The first sub-alternative would set the minimum landings at 500 lb (227 
kg), round weight; the second sub-alternative, at 1,000 lb (454 kg), 
round weight; the third sub-alternative, at 2,000 lb (907 kg), round 
weight; the fourth, at 3,500 lb (1,588 kg), round weight; the fifth, at 
5,000 lb (2,268 kg), round weight; and, the sixth, at 10,000 lb (4,536 
kg), round weight. These sub-alternatives would allow varying numbers 
of individuals/entities to qualify for the endorsement: higher landings 
requirements would result in fewer qualifiers. The Council's choice of 
preferred alternative was based on the assessment that about 30 
individuals/entities can be profitably sustained by the black sea bass 
pot segment of the snapper-grouper fishery. In this case, sub-
alternatives requiring less than 2,500 lb (1,134 kg), round weight, of 
landings for endorsement eligibility would likely result in 
unsustainable profits. On the other end, sub-alternatives requiring 
higher than 2,500 lb (1,134 kg), round weight, of landings would 
severely restrict participation in the fishery although industry 
profitability would be more sustainable. In addition, a highly 
restrictive endorsement qualification criterion, such as 10,000 lb 
(4,536 kg), round weight, would tend to eliminate small scale 
operations that have historically characterized the black sea bass pot 
segment of the snapper-grouper fishery. The third alternative, with two 
sub-alternatives, would require that no South Atlantic state shall have 
fewer than two entities qualifying for the endorsement. The first sub-
alternative would set a minimum landings requirement of 1,000 lb (454 
kg), round weight, and the second, 2,000 lb (907 kg), round weight. 
This alternative, with the sub-alternatives, was intended to allow 
participation by all South Atlantic states in the endorsement program. 
Since the minimum number of qualifiers from each state would be the 
same under this alternative and the preferred alternative, the Council 
deemed this third alternative unnecessary.
    Three alternatives, including the preferred alternative, were 
considered

[[Page 32417]]

for establishing an appeals process for fishermen initially excluded 
from the endorsement program. The first alternative, the no action 
alternative, would not establish an appeals process. This alternative 
has the potential to unduly penalize participants if they were 
incorrectly excluded from the endorsement program. The second 
alternative is the same as the preferred alternative, except that it 
would establish a special board, composed of state directors and 
designees, that would review, evaluate, and make individual 
recommendations to the RA. This alternative would introduce an 
additional administrative burden that may not improve the appeals 
process because the only appealable issues are eligibility and 
landings.
    Five alternatives, including the preferred alternative, were 
considered for limiting effort in the black sea bass pot segment of the 
snapper-grouper fishery. The first alternative, the no action 
alternative, would not limit the number of black sea bass pots deployed 
or pot tags issued to holders of snapper-grouper commercial permits. 
Among the alternatives, this is potentially the best alternative for 
efficient operations in the black sea bass pot segment of the snapper-
grouper fishery. But with no limit on the number of pots, a high 
likelihood arises that more pots may be lost and ``ghost fish'' for 
black sea bass or other species. In addition, the more pots, the more 
vertical lines are in the water, which increases the probability of 
interaction with certain protected species. Ghost fishing is likely to 
hinder the rebuilding of black sea bass or provide less protection to 
other snapper-grouper species subject to a rebuilding strategy. Both 
ghost fishing and interactions with protected species could lead to the 
implementation of more restrictive measures that would impinge on the 
profits of commercial vessels. The second alternative would limit black 
sea bass pot tags to 100 per vessel per year; the second alternative, 
to 50 per vessel per year; and, the third alternative, to 25 per vessel 
per year. These other alternatives differ from the preferred 
alternative only in the maximum number of pots deployed or pot tags 
issued per vessel, with the higher numbers providing better 
opportunities for higher profits per vessel trip. But as noted above, 
the higher number of pots, the higher the probability of ghost fishing 
and interaction with protected species.
    Three alternatives, including the preferred alternative, were 
considered for reducing bycatch in black sea bass pots. The first 
alternative, the no action alternative, would allow pots to remain in 
the water until the commercial quota is reached. This alternative would 
not help reduce bycatch in the black sea bass pot segment of the 
snapper-grouper fishery. The second alternative would allow fishermen 
to leave pots in the water for no more than 72 hours. This alternative 
would have about the same effects as the preferred alternative on pot 
fishing operations, because most fishing trips for black sea bass using 
pots last for less than 3 days. However, it would present a higher 
probability for ghost fishing because pots may be left in the water on 
short vessel trips or not retrieved during inclement weather.
    Three alternatives, including the preferred alternative, were 
considered for modifying the AMs for black sea bass. The first 
alternative, the no action alternative, would maintain the current 
commercial and recreational AMs. The Council concluded that this 
alternative was not effective in constraining harvest at or below the 
sector ACLs. The second alternative is similar to the preferred 
alternative for the recreational sector, except that it would trigger 
in-season AMs only if the black sea bass stock is overfished. This 
alternative could lead to larger post-season adjustment of the 
recreational ACL and thus larger adverse effects on for-hire profits, 
particularly if the aggregate ACL is exceeded. Moreover, if overages in 
the recreational harvest lead to exceeding the aggregate ACL, the 
aggregate ACL would not automatically increase the following year, 
resulting in adverse effects on both the commercial and recreational 
sectors.
    Nine alternatives, including the preferred alternative, were 
considered for establishing a commercial trip limit. The first 
alternative, the no action alternative, would not establish a 
commercial trip limit. In principle, this alternative would likely 
provide the most short-term profitability among commercial vessels on a 
per trip basis, because commercial vessel operations would remain 
unaffected. However, this alternative could lead to lower industry 
profitability if harvest rate is not effectively controlled and this 
results in a shortened fishing season. The second alternative would 
establish a trip limit of 500 lb (227 kg), gutted weight; the third 
alternative, 750 lb (340 kg), gutted weight; the fourth alternative, 
1,250 lb (567 kg), gutted weight. The fifth alternative would establish 
a trip limit of 1,000 lb (454 kg), gutted weight, that would be reduced 
to 500 lb (227 kg), gutted weight, when 75 percent of the commercial 
ACL is met. The sixth alternative would establish a trip limit of 2,000 
lb (907 kg), gutted weight; the seventh, 2,500 lb (1,134 kg), gutted 
weight; and, the eighth alternative, 250 lb (113 kg), gutted weight. 
NMFS expects that trip limits lower than the preferred alternative of 
1,000 lb (454 kg), gutted weight, would lead to larger adverse effects 
on per trip profitability and the opposite would occur with higher trip 
limits. Based on the Council's assessment, the preferred alternative 
would provide the best balance between per trip losses in profits and 
higher industry profits from a longer fishing season.
    Three alternatives, including two preferred alternatives, were 
considered for modifying the commercial and recreational minimum size 
limit. The first alternative, the no action alternative, would not 
change the commercial or recreational size limit. In principle, this 
alternative would provide the best economic environment for both the 
commercial and recreational sectors, because their operations would 
remain relatively unaffected. However, this alternative would not help 
in constraining the rate of harvest which has been increasing in recent 
years, leading to early closures of both the commercial and 
recreational sectors of the black sea bass segment of the snapper-
grouper fishery. The second alternative includes three sub-alternatives 
for commercial size limits, one of which is the preferred sub-
alternative. The second sub-alternative would increase the commercial 
size limit from 10 inches (25 cm), TL, to 12 inches (30 cm), TL. This 
sub-alternative would lead to relatively larger adverse effects on the 
profits of commercial vessels but would also tend to allow a longer 
fishing season. However, the Council concluded that this sub-
alternative would not provide the best balance between short-term 
profit reductions and profit increases from a longer season. The third 
sub-alternative would increase the commercial size limit from 10 inches 
(25 cm), TL, to 11 inches (28 cm), TL, in the first year and to 12 
inches (30 cm), TL, thereafter. This sub-alternative would eventually 
lead to larger adverse effects on the profits of commercial vessels but 
would also tend to allow a longer fishing season. However, the Council 
concluded that this sub-alternative would not provide the best balance 
between short-term profit reductions and profit increases from a longer 
season.
    Four alternatives, including the preferred alternative, were 
considered for improving for-hire data reporting. The first alternative 
(the no action alternative) would retain the existing data reporting 
systems for the for-hire sector. However, the Council concluded that 
modifications to existing

[[Page 32418]]

recreational data collection are necessary to the extent that they 
would not be too burdensome on for-hire vessel operations. The second 
alternative would require vessels operating with a Federal for-hire 
permit to maintain a logbook for discard characteristics (e.g., size 
and reason for discarding), if selected. This alternative would provide 
better information regarding discards, but would increase costs for 
for-hire vessel operations. The third alternative would require that 
for-hire landings and catch/effort data be submitted in accordance with 
the Atlantic States Cooperative Statistics Program (ACCSP) standards, 
using the South Atlantic Fisheries Information System (SAFIS). Although 
this alternative has the potential to improve recreational data 
collection, it would be costly to for-hire vessels. Therefore, the 
Council decided to wait until the new Marine Recreational Information 
Program (MRIP) has been in place for some time to determine whether it 
would be sufficient for reporting for-hire landings data.
    Four alternatives, including the preferred alternative, were 
considered for setting the recreational annual catch target (ACT). The 
first alternative, the no action alternative, would not set a 
recreational ACT, and thus, would not meet the stated objective. The 
second alternative would set the recreational ACT equal to 85 percent 
of the recreational ACL. The third alternative would set the 
recreational ACT equal to 75 percent of the recreational ACL. NMFS 
estimates that these two alternatives would result in lower ACTs than 
the preferred alternative, so that if an ACT triggers management 
actions, these two alternatives would result in larger adverse effects 
on the profits of for-hire vessels.
    In Amendment 18A, the Council considered several actions for which 
the no-action alternative was the preferred alternative.
    Three alternatives, including the preferred alternative (no action 
alternative), were considered for setting the commercial ACT. The first 
alternative would set the commercial ACT equal to 90 percent of the 
commercial ACL. The second alternative would set the commercial ACT 
equal to 80 percent of the commercial ACL. Because NMFS closely tracks 
the commercial landings in-season through a quota monitoring system, 
the Council concluded that a commercial ACT as a monitoring tool was 
unnecessary.
    Five alternatives, including the preferred alternative (no action 
alternative), were considered for implementing a spawning season 
closure. The first alternative would implement a March 1-April 30 
spawning season closure; the second alternative, an April 1-May 31 
spawning season closure; the third alternative, a March 1-May 31 
spawning season closure; and, the fourth alternative, a May 1-May 31 
spawning season closure. These alternatives would result in short-term 
profit reductions to commercial and for-hire vessels. Black sea bass do 
not form large spawning aggregations and the peak spawning period 
occurs at different times of the year across the South Atlantic. 
Therefore, short-term profit reductions could persist in the future as 
the benefits from a spawning season closure are not well established.
    Four alternatives, including the preferred alternative (no action 
alternative), were considered for improving commercial data reporting. 
The first alternative would require all vessels with Federal snapper-
grouper commercial permits to have an electronic logbook tied to the 
vessel's Global Position System onboard the vessel. The second 
alternative would provide the option for fishermen to submit their 
logbook entries electronically via an electronic version of the logbook 
made available online. The third alternative would require submission 
of commercial landings and catch and effort data in accordance with the 
ACCSP standards, using the SAFIS. These alternatives would introduce 
additional cost to commercial fishing operations. In the particular 
case of the second alternative, fishermen would be unlikely to opt for 
electronic reporting because of its additional cost, thereby rendering 
the alternative impractical. The Council decided to address this issue 
in the future through a comprehensive amendment for improving data 
collection.
    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 in the South 
Atlantic snapper-grouper fishery.
    This final rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by the Office of Management and Budget (OMB) under control 
numbers 0648-0603 and 0648-0205. Public reporting burden for the for-
hire sector of the snapper-grouper fishery to submit logbook 
information electronically, if selected to do so, is estimated to 
average 30 minutes per electronic logbook installation and 1 minute per 
weekly download of the weekly logbook information. Public reporting 
burden for South Atlantic Unlimited Snapper-Grouper Permit holders to 
submit their logbook information if they are appealing their landings 
data for a black sea bass pot endorsement is estimated to average 2 
hours per response. Public reporting burden for the requirement to 
check boxes on the Federal Permit Application Form for a new 
endorsement or renewal of the black sea bass pot endorsement is 
estimated to average 1 minute per response. Finally, the public 
reporting burden for the requirement to check boxes on the Federal 
Permit Application Form for black sea bass pot tags (Floy tags) for the 
endorsement program is estimated to average 1 minute per response. 
These estimates of the public reporting burden include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection-of-information. Send comments regarding the burden estimate 
or any other aspect of the collection-of-information requirement, 
including suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 622

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

    Dated: May 29, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

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

[[Page 32419]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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.  622.4, paragraph (a)(2)(xv) is added and paragraph 
(a)(5)(i)(A) is revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (xv) South Atlantic black sea bass pot endorsement. For a person 
aboard a vessel, for which a valid commercial vessel permit for South 
Atlantic snapper-grouper unlimited has been issued, to use a black sea 
bass pot in the South Atlantic EEZ, a valid South Atlantic black sea 
bass pot endorsement must have been issued to the vessel and must be on 
board. A permit or endorsement that has expired is not valid. NMFS will 
renew this endorsement automatically when renewing the commercial 
vessel permit for South Atlantic snapper-grouper unlimited associated 
with the vessel. The RA will not reissue this endorsement if the 
endorsement or the commercial vessel permit for South Atlantic snapper-
grouper unlimited is revoked or if the RA does not receive a complete 
application for renewal of the commercial vessel permit for South 
Atlantic snapper-grouper unlimited within 1 year after the permit's 
expiration date.
    (A) Initial eligibility. To be eligible for an initial South 
Atlantic black sea bass pot endorsement, a person must have been issued 
and must possess a valid or renewable commercial vessel permit for 
South Atlantic snapper-grouper that has black sea bass landings using 
black sea bass pot gear averaging at least 2,500 lb (1,134 kg), round 
weight, annually during the period January 1, 1999 through December 31, 
2010. Excluded from this eligibility, are trip-limited permits (South 
Atlantic snapper-grouper permits that have a 225-lb (102.1-kg) limit of 
snapper-grouper) and valid or renewable commercial vessel permits for 
South Atlantic snapper-grouper unlimited that have no reported landings 
of black sea bass using black sea bass pots from January 1, 2008, 
through December 31, 2010. NMFS will attribute all applicable black sea 
bass landings associated with a current snapper-grouper permit for the 
applicable landings history, including those reported by a person(s) 
who held the permit prior to the current permit owner, to the current 
permit owner. Only legal landings reported in compliance with 
applicable state and Federal regulations are acceptable.
    (B) Initial issuance. On or about June 1, 2012, the RA will mail 
each eligible permittee a black sea bass pot endorsement via certified 
mail, return receipt requested, to the permittee's address of record as 
listed in NMFS' permit files. An eligible permittee who does not 
receive an endorsement from the RA, must contact the RA no later than 
July 1, 2012, to clarify his/her endorsement status. A permittee denied 
an endorsement based on the RA's initial determination of eligibility 
and who disagrees with that determination may appeal to the RA.
    (C) Procedure for appealing black sea bass pot endorsement 
eligibility and/or landings information. The only items subject to 
appeal are initial eligibility for a black sea bass pot endorsement 
based on ownership of a qualifying snapper-grouper permit, the accuracy 
of the amount of landings, and correct assignment of landings to the 
permittee. Appeals based on hardship factors will not be considered. 
Appeals must be submitted to the RA postmarked no later than October 1, 
2012, and must contain documentation supporting the basis for the 
appeal. The RA will review all appeals, render final decisions on the 
appeals, and advise the appellant of the final NMFS decision.
    (1) Eligibility appeals. NMFS' records of snapper-grouper permits 
are the sole basis for determining ownership of such permits. A person 
who believes he/she meets the permit eligibility criteria based on 
ownership of a vessel under a different name, for example, as a result 
of ownership changes from individual to corporate or vice versa, must 
document his/her continuity of ownership.
    (2) Landings appeals. Determinations of appeals regarding landings 
data for 1999 through 2010 will be based on NMFS' logbook records. If 
NMFS' logbooks are not available, the RA may use state landings records 
or data for the period 1999 through 2010 that were submitted in 
compliance with applicable Federal and state regulations on or before 
December 31, 2011.
    (D) [Reserved]
    (E) Fees. No fee applies to initial issuance of a black sea bass 
pot endorsement. NMFS charges a fee for each renewal or replacement of 
such endorsement and calculates the amount of each fee in accordance 
with the procedures of the NOAA Finance Handbook for determining the 
administrative costs of each special product or service. The fee may 
not exceed such costs and is specified with each application form. The 
handbook is available from the RA. The appropriate fee must accompany 
each application for renewal or replacement.
* * * * *
    (5) * * *
    (i) * * *
    (A) An operator of a vessel that has or is required to have a 
Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a 
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ).
* * * * *

0
3. In Sec.  622.5, paragraphs (b)(2)(i) and (ii) are revised to read as 
follows:


Sec.  622.5  Recordkeeping and reporting.

* * * * *
    (b) * * *
    (2) * * *
    (i) Charter vessels. Completed fishing records required by 
paragraph (b)(1)(i) of this section for charter vessels must be 
submitted to the SRD weekly, postmarked not later than 7 days after the 
end of each week (Sunday). Completed fishing records required by 
paragraph (b)(1)(ii) of this section for charter vessels may be 
required weekly or daily, as directed by the SRD. Information to be 
reported is indicated on the form and its accompanying instructions.
    (ii) Headboats. Completed fishing records required by paragraph 
(b)(1)(i) of this section for headboats must be submitted to the SRD 
monthly and must either be made available to an authorized statistical 
reporting agent or be postmarked not later than 7 days after the end of 
each month. Completed fishing records required by paragraph (b)(1)(ii) 
of this section for headboats may be required weekly or daily, as 
directed by the SRD. Information to be reported is indicated on the 
form and its accompanying instructions.
* * * * *

0
4. In Sec.  622.37, paragraph (e)(3)(i) is revised to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (e) * * *
    (3) * * *
    (i) Black seas bass. (A) For a fish taken by a person subject to 
the bag limit specified in Sec.  622.39(d)(1)(vii)--13 inches (33 cm), 
TL.
    (B) For a fish taken by a person not subject to the bag limit 
specified in Sec.  622.39(d)(1)(vii)--11 inches (28 cm), TL.
* * * * *

0
5. In Sec.  622.40, paragraph (d)(1)(i)(B) is revised and paragraphs 
(d)(1)(i)(C) and (D) are added to read as follows:

[[Page 32420]]

Sec.  622.40  Limitations on traps and pots.

* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (B) A sea bass pot must be removed from the water in the South 
Atlantic EEZ and the vessel must be returned to a dock, berth, beach, 
seawall, or ramp at the conclusion of each trip. Sea bass pots may 
remain on the vessel at the conclusion of each trip.
    (C) A sea bass pot must be removed from the water in the South 
Atlantic EEZ when the applicable quota specified in Sec.  622.42(e)(5) 
is reached. After a closure is in effect, a black sea bass may not be 
retained by a vessel that has a sea bass pot on board.
    (D) A vessel that has on board a valid Federal commercial permit 
for South Atlantic snapper-grouper and a South Atlantic black sea bass 
pot endorsement that fishes in the South Atlantic EEZ on a trip with 
black sea bass pots, may possess only 35 black sea bass pots per vessel 
per permit year. Each black sea bass pot in the water or onboard a 
vessel in the South Atlantic EEZ, must have a valid identification tag 
issued by NMFS attached. NMFS will issue new identification tags each 
permit year that will replace the tags from the previous permit year.
* * * * *

0
6. In Sec.  622.42, paragraph (e)(5) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *
    (5) Black sea bass--309,000 lb (140,160 kg), gutted weight; 364,620 
lb (165,389 kg), round weight.
* * * * *

0
7. In Sec.  622.44, paragraph (c)(8) is added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (c) * * *
    (8) Black sea bass. Until the applicable quota specified in Sec.  
622.42(e)(5) is reached, 1,000 lb (454 kg), gutted weight; 1,180 lb 
(535 kg), round weight. See Sec.  622.43(a)(5) for the limitations 
regarding black sea bass after the applicable quota is reached.
* * * * *

0
8. In Sec.  622.49, paragraph (b)(5) is revised to read as follows:


Sec.  622.49  Annual catch limits (ACLs) and accountability measures 
(AMs).

* * * * *
    (b) * * *
    (5) Black sea bass--(i) Commercial sector. (A) If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
quota specified in Sec.  622.42(e)(5), 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.
    (B) If commercial landings exceed the quota specified in Sec.  
622.42(e)(5), 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, unless the SRD determines that no 
overage is necessary based on the best scientific information 
available.
    (ii) Recreational sector. (A) If recreational landings for black 
sea bass, as estimated by the SRD, are projected to reach the 
recreational ACL of 409,000 lb (185,519 kg), gutted weight; 482,620 lb 
(218,913 kg), round weight; the AA will file a notification with the 
Office of the Federal Register to close the recreational sector for the 
remainder of the fishing year. On and after the effective date of such 
a notification, the bag and possession limit is zero. This bag and 
possession limit applies in the South Atlantic on board a vessel for 
which a valid Federal charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, without regard to where such species 
were harvested, i.e. in state or Federal waters.
    (B) If recreational landings for black sea bass, as estimated by 
the SRD, exceed the ACL, the AA will file a notification with the 
Office of the Federal Register, to reduce the recreational ACL the 
following fishing year by the amount of the overage in the prior 
fishing year, unless the SRD determines that no overage is necessary 
based on the best scientific information available.
* * * * *

[FR Doc. 2012-13342 Filed 5-31-12; 8:45 am]
BILLING CODE 3510-22-P