[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58249-58253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403321-3803-02]
RIN 0648-BD16


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 19

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 management measures 
for black sea bass described in Regulatory Amendment 19 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). Regulatory Amendment 19 specifies the acceptable 
biological catch (ABC), and the amendment and this final rule revise 
the optimum yield (OY), the commercial and recreational annual catch 
limits (ACLs), and the recreational annual catch target (ACT) for black 
sea bass harvested in or from the South Atlantic exclusive economic 
zone (EEZ). This final rule also establishes an annual prohibition on 
the use of black sea bass pots in the South Atlantic from November 1 
through April 30. The purpose of this 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. The rule also prevents interactions between black sea bass 
pot gear and whales listed under the Endangered Species Act (ESA) 
during periods of large whale migrations and during the northern right 
whale calving season off of the southeastern coast.

DATES: This rule is effective October 23, 2013 except for the 
amendments to Sec. Sec.  622.190(a)(5) and 622.193(e)(2) which are 
effective September 23, 2013.

ADDRESSES: Electronic copies of Regulatory Amendment 19, which includes 
an environmental assessment, a Regulatory Flexibility Act analysis, and 
a regulatory impact review, may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/SGRegAmend19.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 black sea bass, 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 July 2, 2013, NMFS published a proposed rule for Regulatory 
Amendment 19 and requested public comment (78 FR 39700). The proposed 
rule and Regulatory Amendment 19 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 
black sea bass harvested in or from the South Atlantic EEZ and 
establishes an annual prohibition on the use of black sea bass pots in 
the South Atlantic from November 1 through April 30.

Black Sea Bass ACLs

    For black sea bass, Regulatory Amendment 19 changes the ACL and 
revises the ACL and OY formula from OY = ABC = ACL to OY = ACL. For 3 
consecutive fishing years beginning in 2013-2014, and including 2014-
2015 and 2015-2016, the Council set the ACL value equal to the 2015-
2016 fishing year ABC value, which is 1,814,000 lb (822,817 kg). 
Beginning with the 2016-2017 fishing year, the stock ACL value would be 
decreased to the yield at 75 percent FMSY, which equals 
1,756,450 lb (796,712 kg), round weight.
    This final rule revises the commercial ACL from the current 309,000 
lb (140,160 kg), gutted weight, 364,620 lb (165,389 kg), round weight, 
to: 661,034 lb (299,840 kg), gutted weight, 780,020 lb (353,811 kg), 
round weight for the 2013-2014, 2014-2015, and 2015-2016 fishing years; 
and 640,063 lb (290,328 kg), gutted weight, 755,274 lb (342,587 kg), 
round weight, for the 2016-2017 fishing year and subsequent fishing 
years. The recreational ACL is revised from the current 409,000 lb 
(185,519 kg), gutted weight; 482,620 lb (218,913 kg), round weight, to: 
876,254 lb (397,462 kg), gutted weight, 1,033,980 lb (469,005 kg), 
round weight for the 2013-2014, 2014-2015, and 2015-2016 fishing years; 
and 848,455 lb (384,853 kg), gutted weight, 1,001,177 lb (454,126 kg), 
round weight, for the 2016-2017 fishing year and subsequent fishing 
years.

Black Sea Bass Pot Gear Seasonal Prohibition

    This rule establishes a prohibition on the use of black sea bass 
pots from November 1 through April 30, each year. The large whale 
migration period and the right whale calving season in the South 
Atlantic extends from approximately November 1 through April 30, each 
year. Since 2010, black sea bass harvest levels have reached the 
commercial ACL, triggering accountability measures (AMs) to close the 
commercial sector. Because these in-season commercial AM closures have 
occurred prior to November 1, actions to prevent black sea bass pot 
gear from being in the water during the higher whale concentration time 
period have been unnecessary. However, NMFS has determined that the 
increase in the commercial ACL contained in this rule could extend the 
commercial black sea bass fishing season beyond November 1 and into a 
time period when a higher concentration of endangered whales are known 
to migrate through black sea bass fishing grounds.
    The seasonal sea bass pot prohibition is a precautionary measure to 
prevent interactions between black sea bass pot gear and whales during 
large whale migrations and during the right whale calving season off 
the U.S. southeastern coast. During this closure, no person is allowed 
to harvest or possess black sea bass in or from the South Atlantic EEZ 
either with sea bass pots or from a vessel with sea bass pots on board. 
In addition, sea bass pots must be removed from the water in the South 
Atlantic EEZ before November 1, and may not be on board a vessel in the 
South Atlantic EEZ during this closure.

[[Page 58250]]

Additional Management Measures Contained in Regulatory Amendment 19

    Regulatory Amendment 19 also revises the black sea bass 
recreational ACT. The black sea bass recreational ACT was set at 
357,548 lb (162,181 kg) gutted weight, 421,907 lb (191,374 kg), round 
weight, in the Amendment 18A final rule (75 FR 82280, December 30, 
2010). Regulatory Amendment 19 increases the recreational ACT to 
766,021 lb (347,461 kg), gutted weight, 903,905 lb (410,004 kg), round 
weight, for the 2013-2014, 2014-2015, and 2015-2016 fishing years and 
to 741,719 lb (336,438 kg), gutted weight, 875,228 (396,997 kg), round 
weight, for the 2016-2017 fishing year and subsequent fishing years. 
Because the ACT is not used to trigger an AM, it is not codified in the 
regulatory text.

Comments and Responses

    A total of nine comments were received on the proposed rule for 
Regulatory Amendment 19 from fishers, a fishing association, three non-
governmental organizations, and a Federal agency. Two commenters 
supported the increase in the black sea bass ACL. Three commenters 
supported the seasonal prohibition on the use of black sea bass pots. 
The Federal agency stated it had no comment. Specific comments related 
to the actions contained in Regulatory Amendment 19 and the proposed 
rule, and NMFS' respective responses, are summarized and responded to 
below.
    Comment 1: Black sea bass should be open year-round instead of 
having a sector close in-season as a result of AMs being triggered.
    Response: The Magnuson-Stevens Act requires the Council and NMFS to 
set ACLs and establish measures to ensure their accountability (AMs). 
The Council and NMFS established an ACL for black sea bass that is 
further divided for the recreational and commercial sectors, with AMs 
to close the harvest when each sector's ACL is reached or projected to 
be reached. The Council and NMFS have determined that the in-season 
sector closures (AMs) are necessary to minimize potential overages of 
the ACLs and to prevent overfishing.
    Comment 2: The commercial harvest of black sea bass using pots 
should be open year-round, as long as the commercial ACL has not been 
met. Regulations that are ``whale friendly'' have already been 
implemented, including a requirement to return pots to shore at the 
conclusion of each trip and a limit of 35 pots per vessel.
    Response: The Council and NMFS have determined that a seasonal 
black sea bass pot prohibition, along with the existing regulations 
related to pot gear, are necessary to prevent interactions between 
black sea bass pot gear and whales during periods of large whale 
migrations and during the right whale calving season off the U.S. 
southeastern coast. The large whale migration period and the right 
whale calving season in the South Atlantic occurs from approximately 
November 1 through April 30, each year. Since 2010, black sea bass 
harvest levels have reached the commercial ACL during the fishing year, 
thereby triggering in-season AMs to close the commercial sector prior 
to November 1. Therefore, Council actions to prevent black sea bass pot 
gear from being in the water during periods of higher whale 
concentrations have been unnecessary. However, NMFS has determined that 
the increase in the commercial ACL implemented through this rule could 
extend the commercial black sea bass fishing season beyond November 1, 
and into a period when a higher concentration of endangered whales are 
known to migrate through black sea bass fishing grounds. NMFS notes 
that if the commercial ACL is not reached or projected to be reached by 
November 1 of each year, then harvest of black sea bass by the 
commercial sector may continue with hook-and-line gear until the 
commercial ACL is reached.
    According to the NMFS List of Fisheries, black sea bass pots are 
considered to pose an entanglement risk to marine mammals. The South 
Atlantic black sea bass commercial pot component of the snapper-grouper 
fishery is included in the Atlantic mixed species trap/pot fisheries 
grouping, which is classified as a Category II in the proposed rule for 
the 2013 List of Fisheries (78 FR 23708, April 22, 2013). Category II 
means that there is an occasional incidental mortality and serious 
injury of marine mammals associated with that specific fishing gear 
type. Therefore, the seasonal black sea bass pot seasonal prohibition 
implemented through this rule is a precautionary measure to prevent 
interactions between black sea bass pot gear and whales during periods 
of large whale migrations and during the right whale calving season off 
the U.S. southeastern coast.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of black sea bass in the South Atlantic and is consistent with 
Regulatory Amendment 19, 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 final regulatory flexibility analysis (FRFA) was prepared for 
this action. The FRFA incorporates the initial regulatory flexibility 
analysis (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 comments.
    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. The SBA did not revise the size standard for 
for-hire fishing and thus it remains at $7 million. Pursuant to the 
Regulatory Flexibility Act, and prior to SBA's June 20, 2013, final 
rule, an IRFA was developed for this action using SBA's former size 
standards. Subsequent to the June 20, 2013 rule, NMFS has reviewed the 
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 Council's choice of preferred alternatives 
would best achieve the Council's objectives for Regulatory Amendment 19 
while minimizing, to the extent practicable, the adverse effects on 
fishers, support industries, and associated communities. The preamble 
of the proposed rule and this rule provide a statement of the need for 
and objectives of this final rule, and it is not repeated here.
    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.

[[Page 58251]]

    NMFS expects this final rule to directly affect commercial 
fishermen and for-hire vessel operators in the South Atlantic snapper-
grouper fishery. The SBA 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 through 2011, an annual average of 240 vessels with valid 
commercial South Atlantic snapper-grouper permits landed at least 1 lb 
(0.45 kg) of black sea bass. These vessels generated annual dockside 
revenues of approximately $4.0 million (2011 dollars) from all species 
caught on the same commercial trips as black sea bass, of which about 
$1.0 million (2011 dollars) were attributable to black sea bass. Each 
commercial vessel, therefore, generated an annual average of 
approximately $17,000 in gross revenues, of which $4,000 were from 
black sea bass. Based on revenue information, all commercial vessels 
affected by the rule can be considered small entities.
    From 2007 through 2012, an annual average of 1,855 vessels had a 
valid South Atlantic Charter/Headboat for Snapper-Grouper permit to 
operate in the for-hire component of the recreational sector in the 
snapper-grouper fishery. As of April 23, 2013, 1,485 vessels held South 
Atlantic Charter/Headboat for Snapper-Grouper permits and about 75 of 
those 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 charter boat 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 three states. For 
state headboat estimates other than Florida, the headboat sample sizes 
were small and therefore providing more detailed revenue estimate 
information on a state-by-state basis would potentially disclose 
sensitive financial information and so aggregated economic information 
is provided. 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 black sea bass and for-hire 
vessels that operate in the South Atlantic snapper-grouper fishery. All 
directly affected entities have been determined, for the purpose of 
this analysis, to be small entities. Therefore, NMFS determines that 
this final rule will affect a substantial number of small entities.
    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.
    This final rule will increase the black sea bass stock ACL from its 
current level of 847,000 lb (384,193 kg), round weight, to 1,814,000 lb 
(822,817 kg), round weight, for the 2013-2014, 2014-2015, and 2015-2016 
fishing years and to 1,756,450 lb (796,713 kg), round weight, for the 
2016-2017 fishing year, and subsequent fishing years. In addition, this 
final rule will prohibit retention, possession, and fishing for black 
sea bass using black sea bass pot gear, from November 1 through April 
30, each year.
    Increasing the black sea bass stock ACL will also increase the 
commercial and recreational sector ACLs based on the current allocation 
ratio of 43 percent for the commercial sector and 57 percent for the 
recreational sector. Current NMFS modeling projections suggest that, 
even with relatively large increases in the commercial ACL, the 
commercial fishing season for black sea bass would likely close before 
the end of each fishing year. If the commercial ACL is fully harvested 
each year, the commercial sector will generate additional revenues (in 
2011 dollars) of about $939,000 in each of the 2013-2014, 2014-2015, 
and 2015-2016 fishing years and approximately $883,000 in the 2016-2017 
fishing year and subsequent fishing years. For the 2013-2014, 2014-
2015, and 2015-2016 fishing years, the net present value of increased 
revenues to the commercial sector will be approximately $2.5 million. 
As a result of relatively large increases in commercial revenues, 
profits to commercial vessels will likely increase. These revenue 
estimates are for the short-term as there is increasing variability in 
the conditions beyond 3 years which would therefore not result in 
accurate estimates of revenue beyond 3 years.
    The November through April prohibition on the use of black sea bass 
pots for harvesting black sea bass is intended to prevent interactions 
between black sea bass pot gear and whales listed under the ESA during 
large whale migrations and during the right whale calving season off 
the southeastern coast. In theory, this prohibition is expected to 
negatively affect the revenues and profits of the 32 commercial vessels 
which currently possess black sea bass pot endorsements to their 
Federal commercial snapper-grouper permits. Since the 2010-2011 fishing 
season, however, commercial fishing for black sea bass has closed 
before November 1 each year. Thus, the November through April 
prohibition on the use of black sea bass pots will mainly constrain the 
revenue increases associated with an increased commercial ACL for 32 
commercial vessels which possess black sea bass pot endorsements.
    However, the seasonal black sea bass pot prohibition will greatly 
benefit fishermen using other gear types, such as vertical lines, 
because their fishing season will be extended as a result of this rule. 
Despite the ACL increases, closures to commercial (and recreational) 
harvest of black sea bass are still projected to occur as a result of 
the sectors reaching their respective ACLs during the fishing year. 
Therefore, revenues forgone by vessels using black sea bass pots will 
likely be gained by vessels using other gear types. Thus, the black sea 
bass pot prohibition will mainly have distributional effects within the 
commercial sector, with the overall industry revenues and likely 
profits expected to increase.
    NMFS modeling projections suggest that even with large ACL 
increases, the recreational sector for black sea bass will experience 
fishing season closures during the fishing year as a result of the 
sector reaching the recreational ACL. These closures will likely occur 
starting in December of each fishing year. Relative to the no action 
alternative, however, the ACL increases will extend the recreational 
fishing season each year, allowing for-hire vessels to take more 
fishing trips. These additional trips will increase total for-hire 
vessel profits (in 2011 dollars) by approximately $354,000 each year 
starting with the 2013-2014 fishing year, of which about $234,000 will 
be for headboats and $120,000 for charter boats. Over the 2013-2014, 
2014-2015, and 2015-2016 fishing years, the net present value of these 
profit increases will be approximately $930,000, of

[[Page 58252]]

which $614,000 will be for headboats and $316,000 for charter boats. 
These revenue estimates are for the short-term as there is increasing 
variability in the conditions beyond 3 years which would therefore not 
result in accurate estimates of revenue beyond 3 years.
    Additionally, Regulatory Amendment 19 will revise the recreational 
ACT. The formula for calculating the ACT from the ACL will not change, 
but the ACT level will increase with an increase in the ACL. 
Previously, and in this final rule, the recreational ACT has been used 
by the Council and NMFS to monitor recreational harvest and not as a 
trigger for AMs. Thus the revised ACT is expected to have no effects on 
the revenues and profits of for-hire vessels. If, in the future, the 
ACT is used to trigger AMs, the ACT increase accompanying the ACL 
increase will reduce the probability of triggering an AM associated 
with an in-season closure.
    The following discussion analyzes the alternatives that were not 
selected as preferred by the Council.
    Four alternatives, including the preferred alternative, were 
considered for revising the stock ACL for black sea bass. The first 
alternative, the no action alternative, would retain the current ACL of 
847,000 lb (384,193 kg), round weight. In principle, this alternative 
would have no short-run effects on the revenues and profits of 
commercial and for-hire vessels. However, with the developing derby 
conditions in the commercial and recreational sectors that harvest 
black sea bass, both the commercial and recreational fishing seasons 
would continue to shorten over time, eventually adversely affecting the 
revenues and profits of commercial and for-hire vessels. Moreover, this 
alternative would result in forgoing the economic benefits expected of 
the preferred alternative to increase the stock ACL. In addition to the 
economic rationale just presented, the Council noted that this 
alternative would not be based on the best available science resulting 
from the recent stock assessment update for black sea bass that would 
allow for a higher ACL. As for the November through April black sea 
bass pot prohibition introduced in the preferred alternative, the 
Council considered it important for addressing the need to prevent 
interactions between black sea bass pot gear and ESA-listed whales 
during large whale migrations and right whale calving season. However, 
the Council recognized that the black sea bass pot prohibition may be 
modified in the future and is therefore considering a modification to 
the prohibition in Regulatory Amendment 16 to the FMP which is 
currently under development.
    The second alternative to increase the stock ACL would increase the 
ACL from its current level of 847,000 lb (384,193 kg), round weight, to 
2,133,000 lb (967,513 kg), round weight, in the 2103-2014 fishing year, 
1,992,000 lb (903,557 kg), round weight, in the 2014-2015 fishing year, 
and 1,814,000 lb (822,817 kg), round weight, in the 2015-2016 fishing 
year and beyond. In addition, this alternative would prohibit the use 
of black sea bass pots for the same period as the preferred alternative 
and increase the recreational ACT. This alternative would result in 
higher revenues and profits for commercial and for-hire vessels than 
the preferred alternative mainly because it would provide for higher 
ACLs in the 2013-2014 and 2014-2015 fishing years. Although the effects 
of this alternative on commercial vessels using black sea bass pots 
would be the same as those of the preferred alternative, the effects on 
commercial vessels using other gear types would be different. With the 
seasonal black sea bass pot prohibition in place, the 2013-2014 and 
2014-2015 fishing seasons for users of other gear types would be 
longer, thus affording them higher revenues and profits than the 
preferred alternative. A negative consequence of this alternative is 
its higher likelihood (relative to the preferred alternative) of 
overfishing the stock over time. As has been experienced in the 
snapper-grouper fishery, overfishing requires more restrictive 
regulations with their associated adverse consequences on the revenues 
and profits of commercial and for-hire vessels. The Council therefore 
rejected this alternative because it would pose a high probability of 
overfishing the black sea bass stock. The revised recreational ACT 
levels would have no direct effects on the revenues and profits of for-
hire vessels.
    The third alternative would increase the stock ACL from its current 
level of 847,000 lb (384,193 kg), round weight, to 1,756,450 lb 
(796,713 kg), round weight, in the 2013-2014 fishing year and beyond. 
In addition, this alternative would similarly prohibit the seasonal use 
of black sea bass pots, like the preferred alternative, and increase 
the recreational ACT. This alternative would maintain the same ACL 
starting in the 2013-2014 fishing season but at lower levels in the 
initial 3 years than the preferred alternative. Thus, this alternative 
would be expected to result in lower revenues and profits than the 
preferred alternative. The prohibition on the use of black sea bass 
pots would extend the overall commercial fishing season but for a 
shorter duration than what would be expected under the preferred 
alternative. Revenue and profit increases to vessels using other gear 
types would be less than those under the preferred alternative. The 
Council did not select this as the preferred alternative because it 
would provide for lower economic benefits than the preferred 
alternative. As with the preferred alternative, the revised 
recreational ACT level would have no direct effects on the revenues and 
profits of for-hire vessels.
    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.
    The NOAA Assistant Administrator for Fisheries (AA) finds good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness for the revised commercial and recreational ACLs located 
at Sec. Sec.  622.190(a)(5) and 622.193(e)(2) in this final rule. A 30-
day delay in effectiveness of these management measures would be 
contrary to the public interest because the commercial and recreational 
sectors could reach their respective ACLs sooner than anticipated, and 
possibly within the 30-day delay period, without the increase in the 
ACLs. As described in Regulatory Amendment 19, with the implementation 
of the revised ACLs in this rule, the black sea bass commercial sector 
is projected to reach its ACL by October 10, 2013, and the recreational 
sector is projected to reach its ACL by August 29, 2013. If these 
revised ACLs are not implemented immediately, the commercial and 
recreational sectors could meet the current ACLs triggering unnecessary 
in-season closures and thus undermine the intent of the rule. To avoid 
in-season closures and re-openings of the commercial and recreational 
sectors later in the season based on the increased ACLs, which can be 
both burdensome and confusing to the public, these ACLs need to be 
effective upon publication of this final rule. The increased commercial 
and recreational ACLs will allow for additional harvest of black sea 
bass and will provide the opportunity for fishermen to achieve the OY 
for the black sea bass component of the

[[Page 58253]]

snapper-grouper fishery, as required by National Standard 1 of the 
Magnuson-Stevens Act. This will help maximize socio-economic 
opportunities for black sea bass fishers.
    For these reasons, the AA waives the 30-day delay in effectiveness 
of this final rule for Sec. Sec.  622.190(a)(5) and 622.193(e)(2).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, South Atlantic, Black Sea Bass.

    Dated: September 18, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
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, paragraph (b)(6) is added to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (6) Seasonal closure of the commercial black sea bass pot component 
of the snapper-grouper fishery. From November 1 through April 30, each 
year, the commercial black sea bass pot component of the snapper-
grouper fishery is closed. During this closure, no person may harvest 
or possess black sea bass in or from the South Atlantic EEZ either with 
sea bass pots or from a vessel with sea bass pots on board. In 
addition, sea bass pots must be removed from the water in the South 
Atlantic EEZ before November 1, and may not be on board a vessel in the 
South Atlantic EEZ during this closure.

0
3. In Sec.  622.190, paragraph (a)(5) is revised to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (5) Black sea bass. (i) For the 2013-2014, 2014-2015, and 2015-2016 
fishing years--661,034 lb (299,840 kg), gutted weight; 780,020 lb 
(353,811 kg), round weight.
    (ii) For the 2016-2017 fishing year and subsequent fishing years--
640,063 lb (290,328 kg), gutted weight; 755,274 lb (342,587 kg), round 
weight.
* * * * *

0
4. In Sec.  622.193, paragraph (e)(2) is revised to read as follows:


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

* * * * *
    (e) * * *
    (2) Recreational sector. (i) If recreational landings for black sea 
bass, as estimated by the SRD, are projected to reach the recreational 
ACL specified in paragraph (e)(2)(ii) of this section then the AA will 
file a notification with the Office of the Federal Register to close 
the recreational sector for the remainder of the fishing year. On and 
after the effective date of such a notification, the bag and possession 
limit is zero. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e. in state or 
Federal waters.
    (ii) The recreational ACL for black sea bass is 876,254 lb (397,462 
kg), gutted weight, 1,033,980 lb (469,005 kg), round weight for the 
2013-2014, 2014-2015, and 2015-2016 fishing years and 848,455 lb 
(384,853 kg), gutted weight, 1,001,177 lb (454,126 kg), round weight 
for the 2016-2017 fishing year and subsequent fishing years.
    (iii) If recreational landings for black sea bass, as estimated by 
the SRD, exceed the ACL, the AA will file a notification with the 
Office of the Federal Register, to reduce the recreational ACL the 
following fishing year by the amount of the overage in the prior 
fishing year, unless the SRD determines that no overage adjustment is 
necessary based on the best scientific information available.
* * * * *
[FR Doc. 2013-23093 Filed 9-20-13; 8:45 am]
BILLING CODE 3510-22-P