[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47574-47580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18984]



[[Page 47574]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-BD04


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

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 Regulatory Amendment 
18 to the Fishery Management Plan for the Snapper-Grouper Fishery of 
the South Atlantic Region (FMP) (Regulatory Amendment 18), as prepared 
and submitted by the South Atlantic Fishery Management Council (South 
Atlantic Council). This rule updates the annual catch limits (ACLs) for 
vermilion snapper and red porgy, modifies the vermilion snapper 
commercial trip limit, and removes the recreational 5-month seasonal 
closure for vermilion snapper. The purpose of this rule is to help 
achieve optimum yield (OY) for snapper-grouper resources in accordance 
with the requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: This rule is effective September 5, 2013.

ADDRESSES: Electronic copies of Regulatory Amendment 18, which includes 
an environmental assessment, a Regulatory Flexibility Act, and a 
regulatory impact review may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes vermilion snapper and red porgy, is managed 
under the FMP. The FMP was prepared by the South Atlantic Council and 
is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.
    On May 8, 2013, NMFS published a proposed rule for Regulatory 
Amendment 18 and requested public comment (78 FR 26740). The proposed 
rule and Regulatory Amendment 18 outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs for 
vermilion snapper and red porgy, revises the vermilion snapper 
commercial trip limit, and removes the recreational closed season for 
vermilion snapper.

Vermilion Snapper ACLs

    A Southeast Data, Assessment, and Review (SEDAR) stock assessment 
update for South Atlantic vermilion snapper was completed in October 
2012 (SEDAR 17 update). The SEDAR 17 update indicates vermilion snapper 
is not undergoing overfishing and is not overfished. Additionally, the 
SEDAR 17 update indicates the vermilion snapper biomass exceeds the 
target equilibrium biomass. This means that the acceptable biological 
catch (ABC) level and the ACL may be increased to allow for harvest of 
that excess biomass without jeopardizing the sustainability of the 
stock. The Comprehensive ACL Amendment (77 FR 15916, March 16, 2012) 
established an ABC control rule for assessed snapper-grouper species. 
The Comprehensive ACL Amendment established an ABC for vermilion 
snapper of 1,109,000 lb (503,034 kg), round weight. Using the ABC 
control rule and the results of the SEDAR 17 update, the South Atlantic 
Council's Scientific and Statistical Committee (SSC) recommended 
increasing the ABC for vermilion snapper to 1,372,000 lb (622,329 kg), 
round weight, for 2013; then decreasing the ABC to 1,312,000 lb 
(595,113 kg), round weight, for 2014; 1,289,000 lb (584,681 kg), round 
weight, for 2015; and 1,269,000 lb (575,609 kg), round weight, for 2016 
and subsequent years. The ABC is gradually decreased over 3 years to 
allow for the harvest of excess biomass and is then held at a constant 
level when the population size reaches the equilibrium target level. 
The South Atlantic Council accepted the SSC's recommendation.
    This final rule increases the vermilion snapper ACLs based on the 
revised ABC values. Amendment 16 to the FMP (Amendment 16) established 
sector allocations for vermilion snapper of 68 percent for the 
commercial sector and 32 percent for the recreational sector (74 FR 
30964, June 29, 2009). Additionally, Amendment 16 established two 
commercial fishing seasons for vermilion snapper. The first season is 
January through June, and the second is July through December. Using 
the SSC's ABC recommendation, the ACL formula established in the 
Comprehensive ACL Amendment where ABC = ACL = OY, and the established 
allocation formula, this rule revises the commercial ACLs in round 
weight as follows: 932,960 lb (423,200 kg) for 2013; 892,160 lb 
(404,700 kg) for 2014; 876,520 lb (397,600 kg) for 2015; and 862,920 lb 
(391,400 kg) for 2016 and subsequent fishing years. The commercial ACLs 
are further divided equally between the first and second commercial 
fishing seasons, resulting in commercial ACLs for each season of 
466,480 lb (211,592 kg), round weight (or 420,252 lb (190,623 kg), 
gutted weight) for 2013; 446,080 lb (202,338 kg), round weight (or 
401,874 lb (182,287 kg), gutted weight) for 2014; 438,260 lb (198,791 
kg), round weight (or 394,829 lb (179,091 kg), gutted weight) for 2015; 
and 431,460 lb (195,707 kg), round weight (or 388,703 lb (176,313 kg), 
gutted weight) for 2016 and subsequent fishing years. Any unused 
portion of the commercial ACL from the first part of the fishing year 
will be added to the commercial ACL for the second part of the fishing 
year.
    The recreational ACLs are set at: 395,532 lb (179,410 kg), gutted 
weight, 439,040 lb (199,145 kg), round weight, for 2013; 378,234 lb 
(171,564 kg), gutted weight, 419,840 lb (190,436 kg), round weight, for 
2014; 371,604 lb (168,557 kg), gutted weight, 412,480 lb (187,098 kg), 
round weight, for 2015; and 365,838 lb (165,941 kg), gutted weight, 
406,080 lb (184,195 kg), round weight, for 2016 and subsequent fishing 
years.

Vermilion Snapper Commercial Trip Limit

    In the past, in-season closures have been required because the 
commercial ACLs have been harvested before the end of each spilt 
season. Increasing the vermilion snapper ACLs allows for increased 
harvest and increases the probability the commercial split seasons will 
be extended. However, even with a larger commercial ACL, in-season 
commercial closures are still expected. Therefore, this final rule 
reduces the commercial trip limit for vermilion snapper from 1,500 lb 
(680 kg), gutted weight, to 1,000 lb (454 kg), gutted weight (or 1,100 
lb (503 kg), round weight). This rule also reduces the commercial trip 
limit to 500 lb (227 kg), gutted weight (or 555 lb (252 kg), round 
weight) after 75 percent of the commercial ACL is reached or projected 
to be reached. Reducing the commercial trip limit and implementing a 
trip limit step down should help control the rate of commercial harvest 
and reduce the

[[Page 47575]]

probability that in-season closures are implemented during either split 
season.

Vermilion Snapper Recreational Seasonal Closure

    This rule removes the 5-month November through March recreational 
seasonal closure for vermilion snapper that was established in 
Amendment 16. This seasonal closure was implemented to address 
overfishing of the species (74 FR 30964, June 29, 2009). However, the 
SEDAR 17 update indicated that vermilion snapper is not overfished and 
is no longer undergoing overfishing. Further, an analysis conducted by 
NMFS indicates the recreational sector will likely harvest between 64 
percent and 75 percent of the 2013 recreational ACL. Although the ACL 
will decrease slightly each year for the next several years, it is 
unlikely that the recreational vermilion snapper ACL will be met or 
exceeded in any given year in the near future. Amendment 17B to the FMP 
implemented recreational AMs for vermilion snapper that if the ACL is 
exceeded, any ACL overage is mitigated by reducing the recreational ACL 
for the following fishing year (75 FR 82280, December 30, 2010). Thus, 
no adverse biological impacts to the vermilion snapper resource are 
anticipated as a result of removing the seasonal closure.
    In addition, in early 2013, the Southeast Fisheries Science Center 
(SEFSC) implemented a new electronic reporting system for headboats 
operating in the South Atlantic and Gulf of Mexico. The Gulf of Mexico 
Fishery Management Council and South Atlantic Council are currently 
developing amendments that would require federally permitted headboats 
to report all landings electronically at an increased frequency to the 
SEFSC. The SEFSC is also developing a similar program for charterboats. 
These improvements to the recreational harvest monitoring program are 
expected to increase the accuracy and timeliness of landings 
information, and help reduce the likelihood of recreational ACL 
overages.

Red Porgy ACLs

    A SEDAR stock assessment update was completed for red porgy in 
October 2012 (2012 SEDAR 1 update). The objective of the 2012 SEDAR 1 
update was to update the 2002 SEDAR 1 benchmark assessment and the 2006 
SEDAR 1 update for red porgy. The 2012 SEDAR 1 update indicates the red 
porgy stock is not undergoing overfishing but is still overfished; 
however, the 2012 SEDAR 1 update also indicates the stock is no longer 
rebuilding. All rebuilding projections performed in the 2012 SEDAR 1 
update indicate that red porgy will not be rebuilt by the end of its 
rebuilding timeframe (2018). Therefore, the South Atlantic Council has 
requested a new benchmark assessment for the stock to be completed in 
2014. After the new benchmark assessment is conducted, the South 
Atlantic Council may reconsider the rebuilding plan and modifications 
to management measures as necessary.
    Based on the outcome of the 2012 SEDAR 1 update, and the ABC 
control rule established in the Comprehensive ACL Amendment, the SSC 
recommended a new ABC for red porgy that is lower than the current ABC 
of 395,304 lb (179,307 kg), round weight (landed catch). The South 
Atlantic Council accepted the SSC's recommendation and, therefore, 
Regulatory Amendment 18 implements the following ABCs: For 2013, the 
ABC for red porgy decreases to 306,000 lb (138,799 kg), round weight; 
for 2014, the ABC increases to 309,000 lb (140,160 kg), round weight; 
and for 2015 and subsequent fishing years, the ABC increases to 328,000 
lb (148,778 kg), round weight. These ABC values are based on the yield 
at 75 percent of FMSY (the fishing mortality at MSY).
    Based on these new ABCs, this final rule reduces the commercial and 
recreational ACLs for red porgy. Currently, the red porgy stock ACL is 
equal to the ABC and is divided equally between the commercial and 
recreational sectors according to the formula established in the 
Comprehensive ACL Amendment. Thus, this rule sets the commercial and 
recreational ACLs for red porgy, at 153,000 lb (69,400 kg), round 
weight (or 147,115 lb (66,730 kg), gutted weight) for 2013; 154,500 lb 
(70,080 kg), round weight (or 148,558 lb (67,385 kg), gutted weight) 
for 2014; and 164,000 lb (74,389 kg), round weight, (or 157,692 lb 
(71,528 kg), gutted weight) for 2015 and subsequent fishing years.

Additional Management Measures Contained in Regulatory Amendment 18

    Regulatory Amendment 18 also includes several actions that are not 
contained in this final rule. Based on the new ABCs, Regulatory 
Amendment 18 specifies a new MSY and OY for vermilion snapper. Using 
the SEDAR 17 update results, the values for MSY and OY are updated to 
incorporate the most recent harvest information for the stock. The 
vermilion snapper MSY value is revised to 1,563,000 lb (708,965 kg), 
round weight. The vermilion snapper OY values are revised to 1,372,000 
lb (622,329 kg), round weight for 2013; 1,312,000 lb (595,113 kg), 
round weight for 2014; 1,289,000 lb (584,681 kg), round weight for 
2015; and 1,269,000 lb (575,609 kg), round weight for 2016 and 
subsequent fishing years. Regulatory Amendment 18 also revises the OY 
to equal the ABC based on the SEDAR 17 update.
    Additionally, Regulatory Amendment 18 modifies the MSY and OY 
values for red porgy according to the new ABCs. The red porgy MSY value 
is revised to 834,000 lb (378,296 kg), round weight. The red porgy OY 
values are revised to 306,000 lb (138,799 kg), round weight for 2013; 
309,000 lb (140,160 kg), round weight for 2014; and 328,000 lb (148,778 
kg), round weight for 2015 and subsequent fishing years. The OY for red 
porgy is set equal to the ABC and the ACL as specified in the ACL 
formula established in the Comprehensive ACL Amendment. Regulatory 
Amendment 18 also updates the recreational ACT for red porgy based on 
the revised ABC using the ACT control rule established in the 
Comprehensive ACL Amendment. However, the recreational ACT is not 
included in the regulatory text, because it is a performance measure 
and not an actual limit on harvest.

Comments and Responses

    NMFS received six comment submissions on the proposed rule, which 
included five letters from individuals and one letter from a Federal 
agency. One of the individual submissions commented on issues beyond 
the scope of those addressed in this rule. The Federal agency stated 
that it had no comment. Three of the comments support the actions taken 
in this rule. For the reasons explained above, NMFS agrees with the 
comments that support the removal of the recreational 5-month seasonal 
closure for vermilion snapper, the increase in the vermilion snapper 
ACL, and reduction of the vermilion snapper commercial trip limit. The 
comments that oppose one or more of the management measures in 
Regulatory Amendment 18 and the proposed rule are summarized and 
responded to below.
    Comment 1: The red porgy ACL should not be reduced.
    Response: NMFS disagrees that it is unnecessary to reduce the ACL 
for red porgy. Red porgy is currently in the 13th year of an 18-year 
rebuilding plan that was established in 2000. In 2006, an update 
assessment indicated that red porgy was no longer undergoing 
overfishing and was rebuilding, but the stock remained overfished. In 
response to this determination, the South Atlantic

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Council developed a constant fishing mortality rate rebuilding strategy 
for red porgy and specified a 395,304-lb (179,307-kg), round weight, 
total allowable catch. In 2012, another update assessment also 
determined that red porgy was not undergoing overfishing but was 
overfished. The update also indicated that rebuilding is not occurring 
as expected due to poor recruitment and that the red porgy stock will 
not be rebuilt by the end of the rebuilding period, even in the absence 
of fishing mortality. Therefore, the South Atlantic Council requested a 
new SEDAR benchmark stock assessment for 2014. Until then, the SSC 
recommended, and the Council set, harvest levels for red porgy based on 
the yield at 75 percent of FMSY. This results in lower ACLs 
but is necessary to ensure that fishing mortality remains less than 
FMSY and will provide greater opportunity for the stock to 
rebuild until the Council can review the new benchmark assessment.
    Comment 2: The fishing seasons for all snapper-grouper species 
should be opened simultaneously and then closed as each stock meets its 
respective ACL.
    Response: The only snapper grouper-species considered in Regulatory 
Amendment 18 were vermilion snapper and red porgy, and modifying the 
fishing season for red porgy was not addressed in the amendment. 
Regulatory Amendment 18 did include alternatives for various vermilion 
snapper fishing seasons, including establishing concurrent black sea 
bass and vermilion snapper fishing season openings to provide 
additional opportunities for harvest and to potentially reduce any 
derby fishing conditions (the race to catch fish). However, the South 
Atlantic Council wanted to consider additional alternatives for 
vermilion snapper fishing seasons and decided to address those in a 
separate regulatory amendment to avoid delaying the increase in the 
vermilion snapper ACL.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of the species within Regulatory Amendment 18 and is consistent with 
the FMP, the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A FRFA was prepared for this action. The FRFA incorporates the 
IRFA, a summary of the significant economic issues raised by public 
comment, NMFS' responses to those comments, and a summary of the 
analyses completed to support the action. The FRFA follows.
    No public comments specific to the IRFA were received and, 
therefore, no public comments are addressed in this FRFA. No changes in 
the final rule were made in response to public comment.
    On June 20, 2013, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries effective July 22, 2013 (78 FR 37398). The rule increased 
the size standard for Finfish Fishing from $4.0 to $19.0 million, 
Shellfish Fishing from $4.0 to $5.0 million, and Other Marine Fishing 
from $4.0 to $7.0 million. Pursuant to the Regulatory Flexibility Act, 
and prior to SBA's June 20, 2013, final rule, an initial regulatory 
flexibility analysis was developed for this action using SBA's former 
size standards. Subsequent to the June 20, 2013 rule, NMFS has reviewed 
the final regulatory flexibility analysis (FRFA) prepared for this 
action in light of the new size standards. Under the former, lower size 
standards, all entities subject to this action were considered small 
entities, thus they all would continue to be considered small under the 
new standards. NMFS has determined that the new size standards do not 
affect the analyses prepared for this action.
    NMFS agrees that the South Atlantic Council's choice of preferred 
alternatives would best achieve the South Atlantic Council's objectives 
while minimizing, to the extent practicable, the adverse effects on 
fishers, support industries, and associated communities. The preamble 
to this final rule provides a statement and need for, and objectives 
of, this rule.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this rule.
    NMFS expects this final rule to directly affect commercial 
fishermen and for-hire vessel operators in the South Atlantic snapper-
grouper fishery. The Small Business Administration established small 
entity size criteria for all major industry sectors in the U.S., 
including fish harvesters. 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 $19.0 million (NAICS 
code 114111, finfish fishing) for all of its affiliated operations 
worldwide. For for-hire vessels, all qualifiers apply except that the 
annual receipts threshold is $7.0 million (NAICS code 713990, 
recreational industries).
    From 2007-2011, an annual average of 249 vessels with valid Federal 
permits to operate in the commercial snapper-grouper fishery landed at 
least 1 lb (0.4 kg) of vermilion snapper. These vessels generated 
dockside revenues of approximately $7.5 million (2011 dollars) from all 
South Atlantic species caught in the same trips as vermilion snapper, 
of which $3.1 million (2011 dollars) were from vermilion snapper. Each 
vessel, therefore, generated an average of approximately $30,000 in 
gross revenues, of which $12,000 were from vermilion snapper. For the 
same period, an annual average of 190 vessels with valid Federal 
permits to operate in the commercial snapper-grouper fishery landed at 
least 1 lb (0.4 kg) of red porgy. These vessels generated dockside 
revenues of approximately $6.2 million (2011 dollars) from all species 
caught in the same trips as red porgy, of which $226,000 (2011 dollars) 
were from red porgy. Each vessel, therefore, generated an average of 
approximately $32,000 in gross revenues, of which $1,000 were from red 
porgy. Commercial vessels that operate in the vermilion snapper or red 
porgy components of the snapper-grouper fishery may also operate in 
other fisheries, 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 
Federal permits to operate in the for-hire component of the 
recreational sector of the snapper-grouper fishery. As of January 22, 
2013, 1,462 vessels held South Atlantic for-hire snapper-grouper 
Federal permits, and about 75 of these vessels are estimated to have 
operated as headboats in 2013. The for-hire fleet consists of charter 
boats, which charge a fee on a vessel basis, and headboats, which 
charge a fee on an individual angler (head) basis. Average annual 
revenues (2011 dollars) per vessel for charter boats are estimated to 
be $126,032 for Florida vessels, $53,443 for Georgia vessels, $100,823 
for South Carolina vessels, and $101,959 for North Carolina vessels. 
For headboats, the corresponding estimates are $209,507 for Florida 
vessels and $153,848 for vessels in the other South Atlantic states. 
For state headboat estimates other than Florida, aggregated economic 
information is provided because the

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headboat sample sizes were small and providing more detailed revenue 
estimate information on a state-by-state basis could disclose sensitive 
financial information. Based on these average revenue figures, all for-
hire operations that would be affected by the rule can be considered 
small entities.
    NMFS expects the final rule to directly affect all federally 
permitted commercial vessels harvesting vermilion snapper or red porgy 
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.
    Because NMFS determines that all entities expected to be affected 
by the actions in this final rule are small entities, the issue of 
disproportional effects on small versus large entities does not arise 
in the present case.
    The vermilion snapper commercial and recreational ACLs for 2013 
through 2016, and subsequent fishing years, will be increased relative 
to the 2012 ACL values. This action will likely provide the snapper-
grouper commercial sector a longer fishing season that will result in 
higher industry revenues and possibly profits to commercial vessels. 
Relative to the 2012 vermilion snapper commercial ACL, the commercial 
ACL increases will generate additional ex-vessel revenues to commercial 
vessels. Based on past ex-vessel data applied to the increased ACLs, 
these additional revenues will be about $817,974 (2011 dollars) in 
2013, and as the commercial ACL decreases to its lowest level in the 
2016 fishing year, and subsequent years, the additional revenues will 
also be reduced to about $586,000 (2011 dollars).
    The possibility of increased profits for commercial vessels from an 
increase in revenues will have to be balanced with the reduced 
vermilion snapper commercial trip limit. The trip limit, in conjunction 
with the increased commercial ACLs, is expected to extend the first 
commercial season by approximately 3\1/2\ weeks beyond the 2012 closure 
date, and the second season by approximately 3 weeks beyond the 2012 
closure date. Before reaching 75 percent of the commercial ACL, the 
trip limit will benefit those who presently are harvesting less than 
1,000 lb (454 kg), gutted weight, per trip, because it will allow them 
to continue to harvest that same amount per trip for an extended period 
and therefore generate more revenues and likely more profits for the 
entire fishing year. However, the trip limit will effectively increase 
the fishing cost per harvested fish of those vessels already harvesting 
more than 1,000 lb (454 kg), gutted weight, per trip, although these 
fishermen could still take advantage of an extended season. A similar 
situation with respect to those catching above or below the trip limit 
will occur once the trip limit is reduced to 500 lb (227 kg), gutted 
weight. If the extended season brings in relatively higher ex-vessel 
prices, those not adversely affected by the commercial trip limit will 
very likely experience profit increases and those adversely affected by 
the trip limit will not necessarily experience profit reductions. Given 
this condition, it appears that the net effects on vessel profits will 
be positive. However, more vessels will be adversely affected once the 
trip limit of 500 lb (227 kg), gutted weight, takes effect. This trip 
limit could result in greater profit reductions to adversely affected 
vessels. The overall net effects of the commercial ACL increases and 
commercial trip limit reductions on vessel profits cannot be 
ascertained.
    In principle, the increase in the vermilion snapper recreational 
ACL will benefit the for-hire vessels, but this result is highly 
dependent on whether the seasonal closure is eliminated. In recent 
years, the recreational sector has not fully reached its ACL, and this 
could be a result of the November through March closure of the 
vermilion snapper recreational sector. Eliminating this seasonal 
closure will very likely increase the trips of for-hire vessels 
targeting vermilion snapper so that net operating revenues, or profits, 
of these vessels will also likely increase. An in-season recreational 
sector quota closure, however, will constrain any increases in the 
profits of for-hire vessels, but projections indicate that the 
recreational ACLs are unlikely to be reached during the fishing year, 
at least in the short-term. It is, therefore, likely that the 
recreational ACL increases, in conjunction with the elimination of the 
seasonal closure, will result in profit increases for the for-hire 
vessels. Assuming that the recreational ACL is not reached, and 
therefore no in-season AM closure is triggered, eliminating the 
recreational seasonal closure for vermilion snapper will increase the 
net operating revenues of charter boats by approximately $47,000 (2011 
dollars) annually, and those of headboats by approximately $158,000 
(2011 dollars) annually.
    The red porgy commercial and recreational ACLs for 2013 through 
2015 will be reduced from the current ACL, which would, in principle, 
negatively affect both commercial and for-hire vessels. Since 
increasing the commercial ACL in 2009 (74 FR 58902, November 16, 2009), 
the red porgy commercial sector has exceeded its ACL only once (in 
2011), and in other years red porgy commercial landings were 
substantially lower than the sector's ACL. Based on a running average 
of commercial landings as a proxy for future landings, the red porgy 
commercial ACLs for 2013 through 2015 are unlikely to be exceeded and 
therefore will not trigger an in-season closure of the commercial 
sector. Thus, unless there is a significant increase in commercial 
landings through a substantial increase in the stock size or fishing 
effort, the reduced commercial ACLs will likely not reduce the 
landings, revenues, and profits of commercial vessels. If the 
commercial ACLs are reached but not exceeded, commercial vessels could 
generate additional revenues from the commercial ACLs. Relative to the 
landings and revenues in 2012 and assuming the commercial ACLs are 
reached, additional revenues (2011 dollars) to commercial vessels will 
be approximately $259,000 in 2013, $261,000 in 2014, and $277,000 in 
2015, and thereafter.
    Annually from 2007 through 2011, recreational landings of red porgy 
have remained at very low levels, averaging approximately 110,000 lb 
(49,941 kg), round weight. In 2012, total recreational landings of 
approximately 137,000 lb (62,199 kg), round weight, were less than 30 
percent of the recreational sector's ACL. Therefore, the reduced 
recreational ACL will most likely have no effects on the profits of 
for-hire vessels, at least in the short-term. The long-term effects on 
profits depend on whether for-hire vessel trips targeting red porgy 
substantially increase. If such an increase in for-hire vessel trips 
ever occurs, for-hire profits will also increase.
    The following discussion analyzes the alternatives that were not 
preferred by the South Atlantic Council, or alternatives for which the 
South Atlantic Council chose the no action alternative.
    Two alternatives, including the preferred alternative, were 
considered for revising the vermilion snapper commercial and 
recreational ACLs. The only other alternative is the no action 
alternative, which would maintain the ACLs at a lower level than the 
preferred alternative. Selecting the no action alternative would lead 
to forgone profit increases for commercial and for-hire vessels that 
would otherwise be realized under the preferred alternative. The no

[[Page 47578]]

action alternative was not selected because a new stock assessment 
update was recently completed for vermilion snapper and thus it would 
not have been based on the best available science.
    Three alternatives, including the preferred alternative, were 
considered for revising the commercial trip limit for vermilion 
snapper. The first alternative, the no action alternative, would 
maintain the trip limit at 1,500 lb (680 kg), gutted weight, which 
would be higher than that in the preferred alternative. Although, in 
principle, this alternative would have no effects on commercial vessel 
profits, there would be a higher probability of an ever-shortening 
commercial season, thereby adversely affecting the profits of many 
commercial vessels. The second alternative is a trip limit of 1,000 lb 
(454 kg), gutted weight, the same as the preferred alternative, but 
without the step down to a 500-lb (227-kg), gutted weight, trip limit 
when 75 percent of the commercial ACL has been met or is projected to 
be met. This alternative would result in shorter first and second 
commercial fishing seasons than the preferred alternative. As with the 
preferred alternative, it would increase the cost per landed fish of 
those already harvesting above the trip limit, although those vessels 
could increase their overall revenues by taking more fishing trips 
during the extended commercial season. The net effect on their profits 
would be positive only if ex-vessel prices substantially improved 
during the extended season. However, those vessels currently landing 
below the commercial trip limit would likely experience increased 
revenues and likely profits for the entire fishing year due to the 
extended season. As with the preferred alternative, this alternative's 
overall net effects on the profits of commercial vessels cannot be 
ascertained. It is noted that this alternative would adversely affect 
fewer vessels than the preferred alternative. However, considering that 
the commercial sector has been reaching its ACL in recent years, this 
alternative would have a higher probability of allowing overages to 
occur than the preferred alternative. Overages of the commercial ACL 
could lead to overfishing of vermilion snapper which would necessitate 
more restrictive measures that could, in turn, reduce the future 
revenues and profits of commercial vessels. As discussed in the 
amendment, the alternatives, other than the preferred alternative, were 
not selected because they did not best meet the objectives of 
Regulatory Amendment 18.
    Two alternatives, including the preferred alternative, were 
considered for modifying the recreational seasonal closure for 
vermilion snapper. The only other alternative is the no action 
alternative, which would maintain the November through March closure of 
the recreational sector for vermilion snapper. This alternative would 
lead to forgone for-hire vessel profits that would otherwise be 
realized with the preferred alternative. As discussed in the amendment, 
the alternatives, other than the preferred alternative, were not 
selected because they did not best meet the objectives of Regulatory 
Amendment 18.
    Three alternatives, including the preferred alternative, were 
considered for revising the commercial and recreational ACLs for red 
porgy. The first alternative, the no action alternative, would retain 
the current ACL, which would be higher than the ACLs under the 
preferred alternative. Although this alternative would, in principle, 
provide for better profitability prospects for both the commercial and 
for-hire vessels, its effects in the short-term would be equivalent to 
those of the preferred alternative because, based on historical 
landings through 2012, the commercial and recreational landings would 
likely be less than the commercial and recreational ACLs of the 
preferred alternative. The second alternative is similar to the 
preferred alternative, except that it would set the sector ACLs for 
2013 through 2018, and subsequent years until modified. The effects of 
this alternative on commercial and for-hire vessels would be identical 
to those of the preferred alternative for the 2013 through 2015 fishing 
years. In the 2016 through 2018 fishing years, this alternative would 
provide for increased sector ACLs and thus, in principle, would provide 
commercial vessels a better environment for generating higher revenues 
and profits. Assuming the commercial sector fully reached its annual 
ACL in 2016 through 2018, this alternative would allow for additional 
revenues of approximately $127,000 (2011 dollars) over the preferred 
alternative for the 3-year period (2016-2018). However, using a running 
average of commercial landings through 2012 as a proxy for future 
landings, the commercial ACLs under this alternative would likely not 
be reached. Therefore, the effects of this alternative on commercial 
vessels are virtually identical to those of the preferred alternative 
for the 3-year period (2016-2018). This alternative and the preferred 
alternative would most likely have identical effects on for-hire 
vessels in 2016 through 2018. Recreational landings of red porgy have 
stayed at very low levels, making it unlikely that the recreational 
ACLs under this alternative, or the preferred alternative, would be 
reached. The South Atlantic Council will receive a new benchmark stock 
assessment for red porgy in 2014. As described in Regulatory Amendment 
18, the assessment results will be considered by the South Atlantic 
Council in 2015, and any necessary changes to the ACLs or other 
management measures will be developed during 2015 with possible 
implementation in 2016. Hence the ACLs for 2016, and beyond, may be 
revised based on the best scientific information available at that 
time. The non-preferred alternatives were not selected because they did 
not best meet the objectives of Regulatory Amendment 18. Additionally, 
the no action alternative was not selected based on the results of the 
recent stock assessment and the need to use the best available science 
for deciding upon the ACL alternatives.
    The South Atlantic Council also considered two alternatives to 
modify the commercial fishing season for vermilion snapper, from which 
they selected the no action alternative. The no action alternative 
would maintain the split of the commercial fishing year, with January 
through June as the first season and July through December as the 
second season. This alternative would split the commercial ACL between 
the two seasons.
    The second alternative consists of two sub-alternatives. The first 
sub-alternative would split the commercial fishing year into January 
through May as the first season and June through December as the second 
season. The second sub-alternative would split the commercial fishing 
year into January through April as the first season and May through 
December as the second season. In both sub-alternatives, the commercial 
ACL would be split equally between the two seasons.
    The South Atlantic Council noted the complexity of modifying the 
commercial fishing season for vermilion snapper, and decided to move it 
to Regulatory Amendment 14, currently under development, for 
consideration with possible additional alternatives. The timing of the 
opening and closing of the season for vermilion snapper can impact the 
seasons for other snapper-grouper species, particularly the shallow-
water grouper complex and black sea bass. The South Atlantic Council 
decided that a different amendment that would jointly consider the 
fishing seasons for vermilion

[[Page 47579]]

snapper and black sea bass was the better approach. As a result of that 
decision, completion of Regulatory Amendment 18 would not be delayed by 
the consideration of a broader set of actions within the amendment, 
thus allowing the realization of more socio-economic benefits from 
increased ACLs for vermilion snapper.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all interested parties.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Red porgy, Snapper-Grouper, South Atlantic, 
Vermilion snapper.

    Dated: August 1, 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.


Sec.  622.183  [Amended]

0
2. In Sec.  622.183, paragraph (b)(4) is removed and reserved.

0
3. In Sec.  622.190, the introductory text of paragraph (a), and 
paragraphs (a)(4)(i), (a)(4)(ii), and (a)(6) are revised to read as 
follows:


Sec.  622.190  Quotas.

* * * * *
    (a) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See Sec.  
622.11 for applicability of the bag limits.) The quotas are in gutted 
weight, that is eviscerated but otherwise whole, except for the quotas 
in paragraphs (a)(4), (a)(5), and (a)(6) of this section which are in 
both gutted weight and round weight.
* * * * *
    (4) * * *
    (i) For the period January through June each year.
    (A) For the 2013 fishing year--420,252 lb (190,623 kg), gutted 
weight; 466,480 lb (211,592 kg), round weight.
    (B) For the 2014 fishing year--401,874 lb (182,287 kg), gutted 
weight; 446,080 lb (202,338 kg), round weight.
    (C) For the 2015 fishing year--394,829 lb (179,091 kg), gutted 
weight; 438,260 lb (198,791 kg), round weight.
    (D) For the 2016 and subsequent fishing years--388,703 lb (176,313 
kg), gutted weight; 431,460 lb (195,707 kg), round weight.
    (ii) For the period July through December each year.
    (A) For the 2013 fishing year--420,252 lb (190,623 kg), gutted 
weight; 466,480 lb (211,592 kg), round weight.
    (B) For the 2014 fishing year--401,874 lb (182,287 kg), gutted 
weight; 446,080 lb (202,338 kg), round weight.
    (C) For the 2015 fishing year--394,829 lb (179,091 kg), gutted 
weight; 438,260 lb (198,791 kg), round weight.
    (D) For the 2016 and subsequent fishing years--388,703 lb (176,313 
kg), gutted weight; 431,460 lb (195,707 kg), round weight.
* * * * *
    (6) Red porgy--(i) For the 2013 fishing year--147,115 lb (66,730 
kg), gutted weight; 153,000 lb (69,400 kg), round weight.
    (ii) For the 2014 fishing year--148,558 lb (67,385 kg), gutted 
weight; 154,500 lb (70,080 kg), round weight.
    (iii) For the 2015 and subsequent fishing years--157,692 lb (71,528 
kg), gutted weight; 164,000 lb (74,389 kg), round weight.
* * * * *

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


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (6) Vermilion snapper. (i) Until 75 percent of either quota 
specified in Sec.  622.190(a)(4)(i) or (ii) is reached or projected to 
be reached, 1,000 lb (454 kg), gutted weight; 1,110 lb (503 kg), round 
weight.
    (ii) After 75 percent of either quota specified in Sec.  
622.190(a)(4)(i) or (ii) is reached or projected to be reached, 500 lb 
(227 kg), gutted weight; 555 lb (252 kg), round weight. When the 
conditions in this paragraph (a)(6)(ii) have been reached, the 
Assistant Administrator will implement this trip limit change by filing 
a notification with the Office of the Federal Register.
    (iii) See Sec.  622.190(c)(1) for the limitations regarding 
vermilion snapper after either quota specified in Sec.  
622.190(a)(4)(i) or (ii) is reached or projected to be reached.
* * * * *

0
5. In Sec.  622.193, paragraphs (f) and (v) are revised to read as 
follows:


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

* * * * *
    (f) Vermilion snapper--(1) Commercial sector. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable commercial ACL (commercial quota) specified in Sec.  
622.190(a)(4)(i) or (ii), the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for that 
portion of the fishing year applicable to the respective quota.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the applicable recreational 
ACL specified in paragraph (f)(2)(iv) of this section and vermilion 
snapper are overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register to close the recreational sector for 
vermilion snapper for the remainder of the fishing year. On and after 
the effective date of such notification, the bag and possession limit 
of vermilion snapper in or from the South Atlantic EEZ is zero. This 
bag and possession limit also applies in the South Atlantic on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters.
    (ii) Without regard to overfished status, if vermilion snapper 
recreational landings exceed the applicable recreational ACL, 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 fishing year by the amount of the overage.
    (iii) Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (iv) The recreational ACL for vermilion snapper is 395,532 lb 
(179,410 kg), gutted weight, 439,040 lb (199,145 kg), round weight, for 
2013; 378,234 lb (171,564 kg), gutted weight, 419,840 lb (190,436 kg), 
round weight, for 2014; 371,604 lb (168,557 kg), gutted

[[Page 47580]]

weight, 412,480 lb (187,098 kg), round weight, for 2015; and 365,838 lb 
(165,941 kg), gutted weight, 406,080 lb (184,195 kg), round weight, for 
2016 and subsequent fishing years.
* * * * *
    (v) Red porgy--(1) Commercial sector. (i) If commercial landings 
for red porgy, as estimated by the SRD, reach or are projected to reach 
the applicable commercial ACL (commercial quota) specified in Sec.  
622.190(a)(6), 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.
    (ii) If commercial landings exceed the applicable commercial ACL, 
and red porgy are overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (2) Recreational sector. (i) If recreational landings for red 
porgy, as estimated by the SRD, exceed the applicable recreational ACL 
specified in paragraph (v)(2)(ii) of this section then during the 
following fishing year, recreational landings will be monitored for a 
persistence in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational fishing season will not be reduced during the 
following fishing year if recreational landings do not exceed the 
applicable ACL or if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (ii) The recreational ACL for red porgy is 147,115 lb (66,730 kg), 
gutted weight, 153,000 lb (69,400 kg), round weight, for 2013; 148,558 
lb (67,385 kg), gutted weight, 154,500 lb (70,080 kg), round weight, 
for 2014; 157,692 lb (71,528 kg), gutted weight, 164,000 lb (74,389 
kg), round weight, for 2015 and subsequent fishing years.
* * * * *
[FR Doc. 2013-18984 Filed 8-5-13; 8:45 am]
BILLING CODE 3510-22-P