[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Rules and Regulations]
[Pages 49183-49186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120924488-3671-02]
RIN 0648-BC60


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 15

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

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in a regulatory 
amendment (Regulatory Amendment 15) 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). 
This final rule increases the commercial and recreational ACLs for 
yellowtail snapper, decreases the commercial ACL for gag, and revises 
the accountability measure (AM) for gag by removing the requirement 
that all other South Atlantic shallow-water grouper (SASWG) are 
prohibited from harvest when the gag commercial ACL is met or projected 
to be met. In addition, Regulatory Amendment 15 revises the optimum 
yield (OY) for yellowtail snapper and increases the recreational annual 
catch target (ACT) for yellowtail snapper harvested in or from the 
South Atlantic exclusive economic zone (EEZ). This final rule also 
includes several administrative changes to regulatory text, which are 
unrelated to the measures contained in Regulatory Amendment 15. The 
purpose of Regulatory Amendment 15 and this final rule is to provide 
socio-economic benefits to snapper-grouper fishermen and communities 
that utilize the snapper-grouper resource, while maintaining fishing 
mortality at sustainable levels according to the best scientific 
information available.

DATES: This rule is effective September 12, 2013.

ADDRESSES: Electronic copies of Regulatory Amendment 15, 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/SGRegAmend15.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 yellowtail snapper and SASWG species (i.e., 
gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney), 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 May 24, 2013, NMFS published a proposed rule for Regulatory 
Amendment 15 and requested public comments (78 FR 31511). The proposed 
rule and the regulatory amendment outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
this final rule are provided below.

Management Measures Contained in This Final Rule

    This rule implements management measures affecting yellowtail 
snapper, gag, and other SASWG harvested in or from the South Atlantic 
EEZ.

Yellowtail Snapper

    This rule increases the commercial ACL, recreational ACL, and 
recreational ACT for yellowtail snapper. The commercial ACL increases 
from 1,142,589 lb (518,270 kg), round weight, to 1,596,510 lb (725,686 
kg), round weight. The recreational ACL increases from 1,031,286 lb 
(467,783 kg), round weight, to 1,440,990 lb (653,622 kg), round weight. 
The recreational ACT increases from 897,160 lb (406,945 kg), round 
weight, to 1,253,661 lb (568,651 kg), round weight.

Gag and Other South Atlantic Shallow-Water Grouper

    This rule modifies the commercial AM for gag so that only the 
commercial sector for gag closes when the gag commercial ACL is met or 
projected to be met. The ACLs and AMs for all other SASWG species would 
remain unchanged. This rule also reduces the gag commercial ACL from 
353,940 lb (160,544 kg), gutted weight, to 326,722 lb (148,199 kg), 
gutted weight, to account for projected gag discard mortality from 
commercial trips that target co-occurring species (i.e., red grouper 
and scamp) during a gag closure.

Other Changes to Codified Text

    This rule makes several changes to the regulatory text in 50 CFR 
part 622 that are administrative in nature and unrelated to Regulatory 
Amendment 15. In two paragraphs within Sec.  622.183, ``fishery'' is 
changed to ``sector'' to clarify that it is a commercial sector or 
recreational sector within a specific fishery and to be consistent with 
other regulations in part 622.
    Black grouper and red grouper are removed from the heading of Sec.  
622.190(c)(1), restrictions applicable after a commercial quota 
closure, because black grouper and red grouper no longer have quotas, 
only ACLs and AMs.
    In several paragraphs within Sec.  622.193, ``fishery'' is changed 
to ``sector'', for clarification and consistency purposes. Also in 
Sec.  622.193, the specific years for evaluating the recreational 
landings relative to the ACL are removed from the regulatory text 
because these years will keep changing. Instead, more general language 
is included in the regulatory text, specifically referring to a multi-
year average of landings, as described in the FMP. In addition, closure 
provisions are included in the regulatory text for snowy grouper when 
the recreational post-season AM is implemented, because these closure 
provisions were inadvertently not included in the final rule to 
implement the Comprehensive ACL Amendment.
    In Table 4 of Appendix A to Part 622, ``Grass porgy, Calamus 
arctifrons'' is removed from the table because this species was removed 
from the South Atlantic snapper-grouper fishery management unit in the 
Comprehensive ACL Amendment; however, it was inadvertently not removed 
from the regulations during implementation of that amendment.

Comments and Responses

    A total of 14 comments were received on the proposed rule for 
Regulatory Amendment 15 from individuals, fishermen, and two fishing 
associations. Nine commenters supported the actions in the amendment 
and the proposed rule. A Federal agency stated that the

[[Page 49184]]

agency had no comments. Specific comments related to the actions 
contained in Regulatory Amendment 15 and the proposed rule, and NMFS' 
respective responses are summarized below.
    Comment 1: One commenter stated that to protect shallow-water 
grouper species, fishery managers should remove the January through 
April 4-month seasonal closure and instead implement closures in March, 
April, July, and August until the quota is reached. The commenter 
indicated that shallow-water groupers are susceptible to harvest by 
spearfishing as cold upwelling water in July and August incapacitates 
the fish.
    Response: The January through April prohibition on the harvest and 
possession of shallow-water groupers was implemented in 2009 to protect 
gag and other spawning groupers. Many groupers are known to begin 
spawning in December, with the spawning season extending through at 
least April. Gag and other shallow-water grouper species are slow 
growing, long-lived species that change sex from female to male later 
in life, and form spawning aggregations at locations known to 
fishermen. Removing the prohibition in January and February was not 
considered in Regulatory Amendment 15 because it would remove 
protections at a time when groupers are particularly vulnerable to 
fishing gear. NMFS recognizes that sporadic cold, upwelling water 
events may increase the vulnerability of gag and other shallow-water 
groupers to spearfishing pressure. However, the protection of spawning 
fish during January through April is paramount to preventing harvest 
during upwelling events as fishing on spawning aggregations can affect 
the population age structure and sex ratio by removing the larger, 
older males and by disrupting spawning aggregations that form at 
specific times and locations.
    Comment 2: A commercial fisherman favored a 50-lb (23-kg) bycatch 
allowance for gag after the commercial quota is reached instead of 
reducing the gag quota by 27,218 lb (12,346 kg), as proposed in 
Regulatory Amendment 15. The commenter stated that the bycatch 
allowance would be low enough to keep fishermen from targeting gag, 
allow fishermen to keep those that are caught while targeting other 
species, and would increase profits to commercial fisherman.
    Response: The Council did not consider a specific bycatch allowance 
for gag in Regulatory Amendment 15 because the Council and NMFS reduced 
the commercial ACL for gag to account for bycatch after the quota is 
met. Currently, gag harvest is prohibited once the ACL is projected to 
be met, but gag continue to be caught after the closure and they are 
released. The most recent stock assessment estimated that 60 percent of 
released gag in the South Atlantic survive. A 50-lb (23-kg) bycatch 
allowance would result in the complete mortality of all gag caught 
after the ACL is met, assuming that all encountered fish up to the trip 
limit are retained, and would then require a reduction in the current 
1,000-lb (454-kg) commercial trip limit to avoid a gag closure earlier 
in the season.
    Comment 3: One commenter stated that yellowtail snapper should be 
prohibited for several years as he thought the stock was overfished.
    Response: The stock assessment completed for yellowtail snapper in 
May 2012 determined that the stock is not overfished nor undergoing 
overfishing. The assessment results suggest yellowtail snapper catch 
levels could be increased to achieve OY for the fishery without 
jeopardizing the health of the population. Both the Gulf of Mexico and 
South Atlantic Councils' Scientific and Statistical Committees' 
reviewed the assessment in October 2012 and determined the assessment 
to be based upon the best scientific information available, and the 
Councils reviewed the assessment and accepted the results. In addition, 
the NMFS' Southeast Fisheries Science Center reviewed the proposed 
actions in Regulatory Amendment 15 and certified the actions to be 
based upon the best scientific information available.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that the actions contained in this final rule and Regulatory Amendment 
15 are necessary for the conservation and management of the snapper-
grouper fishery and are consistent with the FMP, the Magnuson-Stevens 
Act and other applicable laws.
    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 SBA during the 
proposed rule stage that this action would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this certification was published in the proposed rule and is 
not repeated here.
    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, a certification was 
developed for this action using SBA's former size standards. Subsequent 
to the June 20, 2013, rule, NMFS has reviewed the certification 
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.
    No comments were received regarding the certification and NMFS has 
not received any new information that would affect its determination. 
No changes to the final rule were made in response to public comments. 
As a result, a regulatory flexibility analysis was not required and 
none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gag, Shallow-Water Grouper, South Atlantic, 
Yellowtail snapper.

    Dated: August 7, 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.  622.183, the heading of paragraph (b)(1) is revised to read 
as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (1) Seasonal closure of the commercial and recreational sectors for 
gag and associated grouper species. * * *
* * * * *

[[Page 49185]]

0
3. In Sec.  622.190, paragraph (a)(7) and the heading of paragraph 
(c)(1) are revised to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (7) Gag--326,722 lb (148,199 kg).
* * * * *
    (c) * * *
    (1) South Atlantic gag, greater amberjack, snowy grouper, golden 
tilefish, vermilion snapper, black sea bass, red porgy, and wreckfish. 
* * *
* * * * *
0
4. In Sec.  622.193, paragraphs (b), (c), paragraph (n)(1)(i) and the 
first sentence in paragraph (n)(2) are revised to read as follows:


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

* * * * *
    (b) Snowy grouper--(1) Commercial sector. If commercial landings, 
as estimated by the SRD, reach or are projected to reach the quota 
specified in Sec.  622.190(a)(1), the AA will file a notification with 
the Office of the Federal Register to close the commercial sector for 
snowy grouper for the remainder of the fishing year.
    (2) Recreational sector. If recreational landings, as estimated by 
the SRD, exceed the recreational ACL of 523 fish, 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 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. When NMFS reduces the length of the following 
recreational fishing season, the following closure provisions apply: 
the bag and possession limit for snowy grouper 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. Recreational landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP.
    (c) Gag--(1) Commercial sector. If commercial landings, as 
estimated by the SRD, reach or are projected to reach the quota 
specified in Sec.  622.190(a)(7), the AA will file a notification with 
the Office of the Federal Register to close the commercial sector for 
gag for the remainder of the fishing year.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the recreational ACL of 
340,060 lb (154,249 kg), gutted weight, and gag 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 gag recreational sector for the remainder of the fishing 
year. On and after the effective date of such notification, the bag and 
possession limit for gag 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 gag recreational 
landings exceed the 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.
* * * * *
    (n) * * *
    (1) * * *
    (i) If commercial landings for yellowtail snapper, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 
1,596,510 lb (724,165 kg), round weight, the AA will file a 
notification with the Office of the Federal Register to close the 
commercial sector for the remainder of the fishing year. On and after 
the effective date of such a notification, all sale or purchase of 
yellowtail snapper is prohibited and harvest or possession of this 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limit. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal 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.
* * * * *
    (2) * * * If recreational landings for yellowtail snapper, as 
estimated by the SRD, exceed the recreational ACL of 1,440,990 lb 
(653,622 kg), round weight, then during the following fishing year, 
recreational landings will be monitored for a persistence in increased 
landings and, if necessary, the AA will file a notification with the 
Office of the Federal Register, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. * * *
* * * * *
0
5. In Appendix A to part 622, Table 4 is revised to read as follows:

Appendix A to Part 622--Species Tables

* * * * *
    Table 4 of Appendix A to Part 622--South Atlantic Snapper-
Grouper
Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
Carangidae--Jacks
    Blue runner, Caranx bartholomaei
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Sailor's choice, Haemulon parrai
    White grunt, Haemulon plumieri
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray snapper, Lutjanus griseus
    Mahogany snapper, Lutjanus mahogoni
    Dog snapper, Lutjanus jocu
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blueline tilefish, Caulolatilus microps
    Golden tilefish, Lopholatilus chamaeleonticeps
    Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
    Wreckfish, Polyprion americanus
Serranidae--Groupers
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Goliath grouper, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus

[[Page 49186]]

    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses
    Black sea bass, Centropristis striata
Sparidae--Porgies
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus pagrus
    Scup, Stenotomus chrysops
    The following species are designated as ecosystem component 
species:
    Cottonwick, Haemulon melanurum
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Longspine porgy, Stenotomus caprinus
    Ocean triggerfish, Canthidermis sufflamen
    Schoolmaster, Lutjanus apodus
* * * * *
[FR Doc. 2013-19605 Filed 8-12-13; 8:45 am]
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