[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Rules and Regulations]
[Pages 44461-44465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17790]



[[Page 44461]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02]
RIN 0648-BC63


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 28

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to implement Amendment 28 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP), as prepared by the South Atlantic Fishery 
Management Council (Council), and to set the commercial and 
recreational ACLs and fishing seasons for red snapper for the 2013 
fishing year. Amendment 28 and this final rule establish a process for 
determining whether limited commercial and recreational fishing seasons 
for red snapper in or from the South Atlantic exclusive economic zone 
(EEZ) can occur during a given fishing year, beginning in 2013. 
Amendment 28 specifies the process and formulas for setting commercial 
and recreational annual catch limits (ACLs) for red snapper during 
limited fishing seasons. Amendment 28 and this final rule also 
establish management measures for red snapper during limited fishing 
seasons, including eliminating the red snapper minimum size limit, 
establishing a recreational bag limit, and establishing a commercial 
trip limit for red snapper. NMFS has determined that limited commercial 
and recreational fishing seasons can occur in 2013. Therefore, this 
final rule specifies the commercial and recreational ACLs for 2013, the 
opening and closing dates of the 2013 recreational fishing season, and 
the opening date of the 2013 commercial fishing season for South 
Atlantic red snapper. The purpose of this final rule is to continue 
rebuilding red snapper to sustainable levels and provide socio-economic 
benefits to snapper-grouper fishermen and communities that utilize the 
red snapper resource.

DATES: This rule is effective August 23, 2013.

ADDRESSES: Electronic copies of Amendment 28, which includes an 
environmental assessment and a regulatory impact review, may be 
obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/SGAmend28.pdf.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes red snapper, 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 March 12, 2013, NMFS published a notice of availability for 
Amendment 28 and requested public comment (78 FR 15672). On April 29, 
2013, NMFS published a proposed rule for Amendment 28 and requested 
public comment (78 FR 25047). NMFS approved Amendment 28 on June 11, 
2013. The proposed rule and Amendment 28 outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by Amendment 28 and this final rule is provided below.

Management Measures Contained in this Final Rule and Amendment 28

Process for Determining the Limited Annual Harvest of Red Snapper

    Amendment 28 describes the annual process developed by the Council 
for determining whether limited commercial and recreational fishing 
seasons for red snapper can occur and how much red snapper may be 
harvested. The acceptable biological catch (ABC) is determined through 
the Council's ABC control rule and the rebuilding projections from the 
most recent stock assessment. The total removals (estimated landings 
and dead discards) of red snapper from the previous year are available 
around March of each year, and NMFS will compare the total removals to 
the ABC each year using formulas approved by the Council in Amendment 
28 to determine whether limited fishing seasons can occur.

ACLs

    Amendment 28 includes formulas for determining the commercial and 
recreational ACLs on an annual basis. The formulas are based on total 
removals from prior fishing years and the formulas provide the total 
ACL for limited fishing seasons. If limited fishing seasons can occur, 
the ACL will be divided between the commercial and recreational sectors 
based on the current allocation ratio.

Commercial and Recreational Red Snapper Fishing Seasons

    In Amendment 28, the Council decided that if limited fishing 
seasons can occur, the commercial fishing season should begin on the 
second Monday in July, and the recreational fishing season, which would 
consist of weekends only (Fridays, Saturdays, and Sundays) on the 
second Friday in July. If the fishing seasons do not open exactly on 
these dates, they would open as close to these dates as possible. The 
Council also decided that if the projected commercial or recreational 
fishing season is determined by NMFS to be 3 days or less, then the 
commercial or recreational fishing season would not open for that 
fishing year.
    If the NMFS Regional Administrator (RA) determines that tropical 
storm or hurricane conditions exist, or are projected to exist, in the 
South Atlantic during the commercial or recreational fishing seasons, 
this rule will allow the RA to modify the opening and closing dates by 
filing a notification to that effect with the Office of the Federal 
Register, and announcing via NOAA Weather Radio and Fishery Bulletin 
any change in the red snapper commercial or recreational fishing 
seasons.

AMs

    During limited red snapper fishing seasons, the Council and NMFS 
have established in-season AMs to prevent the ACLs from being exceeded. 
The recreational AM is the length of the red snapper recreational 
fishing season, as determined for a specific fishing year. After the 
recreational sector closes, the bag and possession limits for red 
snapper are zero. The commercial AM is that when commercial landings 
reach or are projected to reach the commercial ACL, NMFS will close the 
commercial sector for red snapper for the remainder of the fishing 
year. After the commercial sector closes, sale and purchase of red 
snapper is prohibited and harvest and possession of red snapper is 
limited to the bag and possession limits until the recreational fishing 
season closes. If both the commercial and recreational sectors are 
closed, it is unlawful to harvest or possess red snapper.

Other Management Measures

    In order to reduce the probability of an overage of the commercial 
and recreational ACLs during the limited open seasons, Amendment 28 and 
this rule implement a 75-lb (34-kg) commercial trip limit and a 1-fish 
per

[[Page 44462]]

person recreational bag limit. This rule also removes the 20-inch (51-
cm), total length (TL), minimum size limit for both the commercial and 
recreational sectors to decrease regulatory discards of red snapper 
(fish returned to the water because they are less than the minimum size 
limit).

Red Snapper Harvest in 2013

    NMFS used the formulas established in Amendment 28 to determine if 
harvest of red snapper could occur in 2013. The total removals 
(landings plus dead discards) for 2012 were compared to the 2012 ABC to 
determine if the ABC was exceeded and thus whether the ACL for 2013 
could be set greater than zero. In 2012, total removals equaled 80,516 
fish. Because the 2012 total removals for red snapper are less than the 
2012 ABC of 86,000 fish, NMFS has determined that the ACL for 2013 can 
be set greater than zero and that limited commercial and recreational 
fishing seasons may be established in 2013.
    NMFS has determined that the total ACL for 2013 is 13,325 fish. 
Based on the current allocation ratio for red snapper (28.07 percent 
commercial and 71.93 percent recreational), the 2013 commercial ACL is 
21,447 lb (9,728 kg), gutted weight, and the 2013 recreational ACL is 
9,585 fish.
    Based on the 2013 commercial and recreational ACLs and the catch 
rates from 2012, NMFS has determined the length of the commercial and 
recreational fishing seasons for 2013. The ``2013 South Atlantic Red 
Snapper Annual Catch Limit and Season Length Projections,'' described 
in SERO-LAPP-2013-04, can be found at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/documents/pdfs/sa_rs_acl_season_projections.pdf. Based on the projections, NMFS has determined that the 
recreational fishing season in 2013 will be open for one weekend 
consisting of 3 days (Friday, Saturday, Sunday). Although the Council 
prefers to open the recreational and commercial fishing seasons in 
July, because of the required time for the rulemaking process for 
Amendment 28, the recreational and commercial fishing seasons will open 
in August for the 2013 fishing year. The Council determined that 
opening in July (or August) would decrease the chances of inclement 
weather, thus promoting safety-at-sea and increasing the chance of 
small vessels being able to target red snapper. The recreational 
fishing season will open at 12:01 a.m. on August 23, 2013, and close at 
12:01 a.m. on August 26, 2013. After the recreational sector closes, 
harvest and possession of red snapper under the bag limit is 
prohibited. NMFS has determined that the commercial fishing season in 
2013 will open at 12:01 a.m. on August 26, 2013, and NMFS will monitor 
commercial harvest in-season and close the commercial sector when the 
commercial ACL is reached or projected to be reached by filing an in-
season closure notification with the Office of the Federal Register. 
After the commercial sector closes, the harvest and possession and sale 
and purchase of red snapper in or from the South Atlantic EEZ are 
prohibited.

Comments and Responses

    A total of 63 comments were received on Amendment 28 and the 
proposed rule from individuals, commercial and recreational fishing 
associations, and two environmental organizations. Many commenters 
expressed support for red snapper fishing seasons because they have 
been encountering numerous red snapper while fishing and therefore 
believe that the red snapper stock is healthy enough to support 
increased harvest. Some commenters stated that the allowable harvest, 
bag limits, and trip limits contained in this final rule are too 
restrictive. Specific comments related to the actions contained in 
Amendment 28 and the proposed rule, and NMFS' respective responses are 
summarized below.
    Comment 1: Numerous commercial and recreational fishermen stated 
that the red snapper stock is healthy and the proposed regulations 
would be overly restrictive. Recreational fishermen suggested a higher 
quota, a year-round season, 2-month closures during red snapper 
spawning periods, and a higher bag limit of two to five fish per person 
per day.
    Response: South Atlantic red snapper are overfished and undergoing 
overfishing and their harvest has been prohibited since 2010. These 
regulations are intended to prevent overfishing of red snapper, while 
minimizing the potential adverse economic impacts from the closure.
    A limited season to harvest red snapper and a conservative bag 
limit are necessary management measures to constrain the harvest to the 
ACL. A higher bag limit (e.g., two to five fish per person per day) 
would translate into an even shorter limited fishing season. The 
Council and NMFS determined that these regulations would allow a 
sustainable level of harvest consistent with the rebuilding plan for 
red snapper.
    Comment 2: A fishing organization favored a 100-lb (45-kg) trip 
limit instead of the 75-lb (34-kg) trip limit, as contained in this 
final rule. A commercial fisherman stated that the 75-lb (34-kg) trip 
limit would only cover trip expenses and suggested that the trip limit 
should be increased to 150-200 lb (68-91 kg) to see a serious effort 
from the commercial sector. Another fisherman stated a 200-lb (91 kg) 
trip limit with a shortened fishing season would be a more 
economically-feasible option.
    Response: The Council concluded that a 75-lb (34-kg) trip limit 
would promote full harvest of the commercial ACL and help achieve the 
optimum yield for red snapper. The commercial trip limit during the 
2012 limited season was 50 lb (23 kg), gutted weight, and commercial 
landings in 2012 were lower than the 2012 commercial ACL. However, as 
trip limits increase, the rate at which the commercial ACL is harvested 
also increases. A 75-lb (34-kg) trip limit represents a precautionary 
increase to the 50-lb (23 kg) trip limit implemented for 2012. A higher 
trip limit with its corresponding higher rate of harvest could result 
in shorter commercial seasons and would likely lead to a derby fishery.
    Comment 3: Numerous fishermen disagreed with the removal of the 
minimum size limit. Some stated that the minimum size limit was 
necessary to protect the breeding stock. Others stated that removal of 
the size limit would promote culling of fish (the practice of 
selectively landing fish so that only the largest fish are retained), 
which would lead to additional red snapper mortality. Some fishermen 
suggested retaining the 20-inch (51-cm) minimum size limit for both 
sectors; others recommended implementing a 16-inch (41-cm) minimum size 
limit for the commercial sector. Some fishermen suggested slot limits 
to preserve the breeding stock (e.g., 16 to 20 inches (41-51 cm) and 15 
to 22 inches (38-56 cm)). Others suggested prohibiting the release of 
red snapper within the bag limits, i.e., fishermen would be required to 
keep what they catch.
    Response: Because a large portion of released red snapper do not 
survive the trauma of capture, the Council and NMFS decided that 
removal of a minimum size limit is likely to reduce dead regulatory 
discards. Removing the minimum size limit should also have a positive 
effect on the breeding population because red snapper release mortality 
is high and red snapper begin spawning at a young age (as young as 1-
year old fish) and at small sizes. However, the net effect of removing 
the minimum size limit on the number of regulatory discards is unknown. 
A fisherman may cull his catch regardless of whether a minimum size 
limit is in

[[Page 44463]]

effect for red snapper. NMFS and the Council have determined that 
removing the minimum size limit and allowing a fisherman to keep the 
first fish caught, regardless of its size, should both protect the 
breeding stock and decrease regulatory discards because the fish will 
not have to be returned to the water.
    Prohibiting the release of red snapper caught within the bag limits 
was discussed by the Council at its June 2012 meeting. However, the 
U.S. Coast Guard stated that this requirement would not be enforceable, 
therefore, the Council decided not to include this requirement in 
Amendment 28.
    Comment 4: One fisherman stated that a mid-September fishing season 
would be better for fishermen in North Florida compared to the July 
fishing season, as contained in this final rule. The commenter stated 
that fish are offshore in July and too far offshore for small boat 
owners. The commenter also stated that tournaments occur in July which 
would conflict with a July fishing season and would increase traffic at 
the boat ramps.
    Response: NMFS and the Council determined that having a limited 
fishing season in July (or in August for the 2013 fishing year) should 
decrease the chances of inclement weather events, thus promoting 
safety-at-sea and increasing the opportunity for small vessels to 
participate in the limited season. The Council also determined that a 
season beginning in July (or in August for the 2013 fishing year) would 
allow for better weather during a second opening of the fishing season, 
if a reopening was necessary as was the case for the commercial sector 
in 2012. In 2012, NMFS received many complaints from the recreational 
fishing community that inclement weather during the September weekends 
prevented fishermen, particularly those with smaller vessels, from 
participating in the limited red snapper fishing season. In addition, 
representatives of the state natural resource agencies reported that 
fishing effort was limited during the September 2012 fishing season off 
the coasts of North Carolina, South Carolina and Georgia, primarily due 
to adverse weather conditions. Therefore, the Council reasoned that a 
start date prior to September would promote increased recreational 
effort in all the southeastern Atlantic states, and would increase the 
likelihood that the entire recreational ACL would be harvested while 
allowing more fair and equitable access to red snapper.
    Comment 5: One fishing organization preferred the fishing seasons 
for both commercial and recreational red snapper to be set in June. 
They stated that a June fishing season for red snapper would overlap 
with the fishing season for black sea bass and would help solve the 
problem of red snapper bycatch and dead discards when fishermen target 
black sea bass. Another commenter preferred a fishing season for the 
commercial sector when grouper are closed (January through April each 
year) so that commercial fishermen have a way to make a living during 
this time.
    Response: NMFS and the Council decided that opening the fishing 
season in July (or in August for the 2013 fishing year) would be 
effective in reducing discards of red snapper because it is likely that 
the red snapper fishing season, if it is to occur, would occur during 
the black sea bass fishing season. The fishing season for black sea 
bass begins on June 1, and recreational harvest of black sea bass has 
never been prohibited after one month of fishing, therefore, a July (or 
August) red snapper fishing season is just as likely to overlap with 
the black sea bass season as a June fishing season. Also, the Council 
has approved an amendment to more than double the black sea bass ACL, 
which if implemented, is expected to extend the length of the 
commercial and recreational fishing seasons for black sea bass.
    In addition, Amendment 28 establishes a process to determine if 
harvest of red snapper would be allowed each year. As stated in the 
amendment, the red snapper estimated landings and dead discards that 
occurred in the previous year would first become available around March 
of each year. At that time, NMFS would begin the evaluation of red 
snapper landings and total removals to determine if a season can occur. 
The goal is to ensure that the most accurate and complete set of 
landings and total removals are used while also providing as much 
notice to fishermen as possible to prepare for a limited red snapper 
fishing season. Season start dates of January through April or June are 
problematic because the estimated landings and dead discards from the 
previous year are typically not available until March, and if a limited 
fishing season can occur, adequate notice of that season needs to be 
given to fishermen and other members of the public.
    Comment 6: Some commenters want the recreational fishing seasons to 
occur on all days of the week, not just weekends. One commenter, a 
retiree, reported that he did not want to fish when ``weekend 
warriors'' were around. Another commenter stated that work prevented 
him from fishing on weekends. One commenter wants to start the 
commercial and recreational fishing seasons on the same day.
    Response: The majority of recreational fishermen fish on the 
weekends, and weekend-only seasons would provide the majority of 
recreational fishermen access to the resource when they are not 
working. Commercial fishermen generally fish during weekdays rather 
than weekends; as such, the Council decided not to align the commercial 
and recreational sectors by starting the fishing seasons on the same 
day.
    Comment 7: One environmental organization was concerned that based 
on the current recreational sampling methods and estimates for red 
snapper, the ACL may be exceeded without a better defined method to 
capture landings during the short red snapper fishing season. This 
organization encouraged the establishment of a standardized reporting 
method for red snapper because they believe the Marine Recreational 
Information Program (MRIP) is not designed to capture and estimate 
catch and effort with significant precision for such a short fishing 
season. They stated that the MRIP-calculated red snapper catch was 
highly imprecise and, based on MRIP's own recommendation, estimates 
with over a 50-percent proportional standard error are highly 
imprecise. The commenters noted that using one set of data (MRIP and 
Southeast Region Headboat Survey (SRHS)), the catch was below the 2012 
recreational ACL; however, using the other data (MRIP, Florida Fish and 
Wildlife Conservation Commission estimates, and SHRS), the recreational 
ACL was exceeded.
    Response: NMFS agrees that MRIP catch and effort estimates alone 
may be imprecise for short fishing seasons and additional sampling 
methods and surveys would improve the precision of catch and effort 
estimates of red snapper. Therefore, MRIP is not the only data source 
utilized to determine red snapper catch and effort information in the 
South Atlantic. Various standardized reporting methodologies, designed 
to capture recreational data, exist for all species managed by NMFS and 
the Council in the South Atlantic. For example, SRHS estimates 
recreational landings and discards from headboats in the U.S. South 
Atlantic and Gulf of Mexico. MRIP provides estimated catch per unit 
effort, total effort, landings, and discards for six 2-month periods 
(waves) each year. MRIP provides estimates for three recreational 
fishing modes: Shore-based fishing, private and rental boat fishing, 
and for-hire charter and guide fishing. Both SRHS and MRIP were used to 
provide

[[Page 44464]]

estimates for red snapper mortality during 2012, and will be used in 
2013.
    In addition to SRHS and MRIP, an intensive sampling program was 
developed and implemented by all South Atlantic states for the 2012 
limited fishing season for red snapper. The goal of the sampling 
program was to capture fishery-dependent charter and private angler 
data from the 6-day recreational red snapper season. Numerous survey 
methods were used within the sampling program to provide estimates of 
red snapper harvest for private boat and for-hire modes. In Florida and 
Georgia, these methods included a telephone survey of federally-
permitted charter vessel operators to obtain catch and effort 
information. In South Carolina, logbooks were used to estimate charter 
vessel landings. In Florida, a boat-level angler intercept survey was 
used to obtain catch information for directed recreational trips and an 
inlet-based boat count survey was used to determine directed effort. 
Monitoring efforts also included a carcass drop-off program and 
tournament sampling, as well as integrated sampling of the private boat 
and for-hire modes for biological information and otoliths. The intent 
of NMFS and the states is to continue this expanded red snapper 
sampling program to help capture fishery dependent charter and private 
angler data from future red snapper seasons as they occur.
    Comment 8: One environmental organization recommended that in order 
to mitigate some of the uncertainty in estimating the catch and effort 
through MRIP, the Council should, at a minimum, establish an annual 
catch target (ACT) for the recreational sector for red snapper.
    Response: The Council did not establish an ACT during a limited red 
snapper fishing season because the Council determined that prescribing 
the exact number of fishing days allowed for the recreational sector, 
coupled with a one-fish bag limit, are the appropriate management 
controls necessary to constrain the recreational sector to its ACL. 
After the recreational fishing season closes, the bag and possession 
limits for red snapper revert back to zero, and it is unlawful to 
harvest or possess red snapper.
    As outlined in the response to the previous comment, an intensive 
sampling program was developed and implemented by all the South 
Atlantic states to capture fishery dependent charter and private angler 
data from the 2012 6-day recreational red snapper season, and this 
program will be used in 2013 as well.

Changes From the Proposed Rule

    On April 17, 2013, NMFS published in the Federal Register an 
interim final rule to reorganize the regulations in 50 CFR part 622 for 
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950) 
into a new format, and changed the section headings for the various 
management measures for each fishery. The proposed rule for Amendment 
28 contained an incorrect section heading in the proposed codified text 
(it referenced the old section heading instead of the new section 
heading). In Sec.  622.191, there was a reference to Sec.  
622.49(b)(25)(i) which is now Sec.  622.193(y)(1). This final rule 
corrects that reference.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of South Atlantic red snapper and is consistent with Amendment 28, the 
FMP, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Accountability measure, Annual catch limit, Fisheries, Fishing, Red 
snapper, South Atlantic.

    Dated: July 19, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

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

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

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

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


0
2. In Sec.  622.181, paragraph (b)(2) is revised to read as follows:


Sec.  622.181  Prohibited and limited-harvest species.

* * * * *
    (b) * * *
    (2) Red snapper. Red snapper may not be harvested or possessed in 
or from the South Atlantic EEZ, except if NMFS determines a limited 
amount of red snapper may be harvested or possessed in or from the 
South Atlantic EEZ, as specified in Sec.  622.193(y). Red snapper 
caught in the South Atlantic EEZ must be released immediately with a 
minimum of harm. In addition, for a person on board a vessel for which 
a valid Federal commercial or charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, the prohibition on the 
harvest or possession of red snapper applies in the South Atlantic, 
regardless of where such fish are harvested or possessed, i.e., in 
state or Federal waters.
* * * * *

0
3. In Sec.  622.183, paragraph (b)(5) is added to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (5) Closures of the commercial and recreational sectors for red 
snapper--(i) The commercial and recreational sectors for red snapper 
are closed (i.e., red snapper may not be harvested or possessed, or 
sold or purchased) in or from the South Atlantic EEZ, except if NMFS 
determines a limited amount of red snapper may be harvested or 
possessed in or from the South Atlantic EEZ, as specified in Sec.  
622.193(y). If NMFS determines that commercial and recreational fishing 
seasons for red snapper may be established in a given fishing year, 
NMFS will announce the season opening dates in the Federal Register. 
The recreational fishing season would consist of consecutive Fridays, 
Saturdays, and Sundays, unless otherwise specified. NMFS will project 
the length of the recreational fishing season and announce the 
recreational fishing season end date in the Federal Register. See 
622.193(y), for establishing the end date of the commercial fishing 
season.
    (ii) If the RA determines tropical storm or hurricane conditions 
exist, or

[[Page 44465]]

are projected to exist, in the South Atlantic, during a commercial or 
recreational fishing season, the RA may modify the opening and closing 
dates of the fishing season by filing a notification to that effect 
with the Office of the Federal Register, and announcing via NOAA 
Weather Radio and a Fishery Bulletin any change in the dates of the red 
snapper commercial or recreational fishing season.
    (iii) If the projected commercial or recreational fishing season is 
determined by NMFS to be 3 days or less, then the commercial or 
recreational fishing season will not open for that fishing year.


Sec.  622.185  [Amended]

0
4. In Sec.  622.185, paragraph (a)(1) is removed and reserved.

0
5. In Sec.  622.187, paragraphs (b)(4) and (9) are revised to read as 
follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (4) Snappers, combined--10. However, excluded from this 10-fish bag 
limit are cubera snapper, measuring 30 inches (76.2 cm), TL, or larger, 
in the South Atlantic off Florida, and red snapper and vermilion 
snapper. (See Sec.  622.181(b)(2) for the prohibitions on harvest or 
possession of red snapper, except during a limited recreational fishing 
season, and Sec.  622.181(c)(1) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
* * * * *
    (9) Red snapper--0, except during a limited recreational fishing 
season, as specified in Sec.  622.183(b)(5), during which time the bag 
limit is 1 fish.
* * * * *

0
6. In Sec.  622.191, paragraph (a)(9) is added to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (9) Red snapper. During a limited commercial fishing season, as 
specified in Sec.  622.183(b)(5), and until the commercial ACL 
specified in Sec.  622.193(y)(1) is reached, 75 lb (34 kg), gutted 
weight. See Sec.  622.193(y)(1) for the limitations regarding red 
snapper after the commercial ACL is reached.
* * * * *

0
7. In Sec.  622.192, paragraph (j) is revised to read as follows:


Sec.  622.192  Restrictions on sale/purchase.

* * * * *
    (j) No person may sell or purchase a red snapper harvested from or 
possessed in the South Atlantic, i.e., state or Federal waters, by a 
vessel for which a Federal commercial vessel permit for South Atlantic 
snapper-grouper has been issued, except if NMFS determines a limited 
commercial fishing season for red snapper is allowable, as specified in 
Sec.  622.183(b)(5).

0
8. In Sec.  622.193, paragraph (y) is added to read as follows:


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

* * * * *
    (y) Red snapper--(1) Commercial sector. The commercial ACL for red 
snapper is zero. However, if NMFS determines that the previous year's 
estimated red snapper landings and dead discards are less than the ABC, 
limited red snapper harvest and possession may be allowed for the 
current fishing year and the commercial ACL value would be determined 
using the formula described in the FMP. The AA will file a notification 
with the Office of the Federal Register to announce the limited 
commercial ACL for the current fishing year. NMFS will monitor 
commercial landings during the limited season, and if commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
commercial ACL, based on the formula described in the FMP, the AA will 
file a notification with the Office of the Federal Register to close 
the commercial sector for red snapper for the remainder of the year. On 
and after the effective date of the closure notification, all sale or 
purchase of red snapper is prohibited and harvest or possession of red 
snapper is limited to the bag and possession limits. This bag and 
possession limit and the prohibition on sale/purchase apply in the 
South Atlantic on board a vessel for which a valid Federal commercial 
or charter vessel/headboat permit for South Atlantic snapper-grouper 
has been issued, without regard to where such species were harvested or 
possessed, i.e., in state or Federal waters.
    (2) Recreational sector. The recreational ACL for red snapper is 
zero. However, if NMFS determines that the previous year's estimated 
red snapper landings and dead discards are less than the ABC, limited 
red snapper harvest and possession may be allowed for the current 
fishing year and the recreational ACL value would be determined using 
the formula described in the FMP. The AA will file a notification with 
the Office of the Federal Register to announce the limited recreational 
ACL and the length of the recreational fishing season for the current 
fishing year. The length of the recreational fishing season for red 
snapper serves as the in-season accountability measure. See Sec.  
622.183(b)(5) for details on the recreational fishing season. On and 
after the effective date of the recreational closure notification, the 
bag and possession limits for red snapper are zero.

[FR Doc. 2013-17790 Filed 7-19-13; 4:15 pm]
BILLING CODE 3510-22-P