[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Proposed Rules]
[Pages 59635-59641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23354]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312236-3236-01]
RIN 0648-BD05


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 27

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 27 (Amendment 
27) to the Fishery Management Plan for the Snapper-Grouper Fishery of 
the South Atlantic Region (FMP), as prepared and submitted by the South 
Atlantic Fishery Management Council (South Atlantic Council). If 
implemented, Amendment 27 and this rule would extend the South Atlantic 
Council's management responsibility for Nassau grouper into the Gulf of 
Mexico (Gulf) exclusive economic zone (EEZ); increase the number of 
allowable crew members to four on dual-permitted snapper-grouper 
vessels (i.e., vessels holding a South Atlantic Charter Vessel/Headboat 
Permit for Snapper-Grouper and a South Atlantic Unlimited or a 225-
Pound Trip Limit Snapper-Grouper Permit) that are fishing commercially; 
remove the prohibition on retaining any fish under the aggregate bag 
limit for grouper and tilefish or the vermilion snapper bag limit by 
captain and crew of federally permitted for-hire vessels; modify the 
snapper-grouper framework procedures to allow acceptable biological 
catch levels (ABCs), annual catch limits (ACLs), and annual catch 
targets (ACTs) to be adjusted via an abbreviated framework process; and 
remove blue runner from the FMP. The purpose of this rule is to 
streamline management of Nassau grouper, improve vessel safety for 
dual-permitted vessels, implement consistent regulations regarding 
captain and crew retention limits for snapper-grouper species, expedite 
adjustments to snapper-grouper catch limits when new scientific 
information becomes available, and minimize socio-economic impacts to 
fishermen who harvest and sell blue runner.

DATES: Written comments must be received on or before October 28, 2013.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2013-0085'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0085, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kate Michie, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of Amendment 27, which includes an environmental 
assessment, an initial regulatory flexibility analysis (IRFA) 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 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 Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation,

[[Page 59636]]

particularly with respect to providing food production and recreational 
opportunities, and protecting marine ecosystems. To further this goal, 
the Magnuson-Stevens Act requires fishery managers to end overfishing 
of stocks and to minimize bycatch and bycatch mortality to the extent 
practicable.

Extension of Management Authority for Nassau Grouper in the Gulf of 
Mexico to the South Atlantic Council

    Amendment 27 includes an action to extend the South Atlantic 
Council's jurisdiction for management of Nassau grouper into the Gulf. 
In 2012, the Gulf of Mexico Fishery Management Council (Gulf Council) 
and NMFS implemented the Generic Annual Catch Limit/Accountability 
Measures Amendment (Generic ACL Amendment), which included removing 
Nassau grouper from the FMP for Reef Fish Resources of the Gulf of 
Mexico (Gulf Reef Fish FMP). The final rule for the Generic ACL 
Amendment became effective on January 30, 2012 (76 FR 82044, December 
29, 2011), except for the measures that removed the prohibition on the 
harvest or possession of Nassau grouper in the Gulf EEZ. The Gulf 
Council requested that the Secretary of Commerce designate the South 
Atlantic Council as the responsible council to manage Nassau grouper in 
the Gulf, which the Secretary did in a Notice of Agency Action 
published on December 16, 2011 (76 FR 78245). Therefore, in the final 
rule for the Generic ACL Amendment, NMFS delayed the effective date for 
removing the prohibition on the harvest or possession of Nassau grouper 
in the Gulf pursuant to the Gulf Reef Fish FMP, until the South 
Atlantic Council could extend its jurisdiction for Nassau grouper into 
the Gulf to prevent any lapse in the protective regulations necessary 
for Nassau grouper.
    Through Amendment 27, the South Atlantic Council would assume 
management responsibility for Nassau grouper in Federal waters of the 
Gulf. The current restrictions on the harvest or possession of Nassau 
grouper in the Gulf EEZ and South Atlantic EEZ would continue if 
Amendment 27 is approved for implementation. Nassau grouper has been 
under a harvest moratorium since 1992 due to concerns of 
overexploitation, and the current ACL for Nassau grouper in both the 
South Atlantic EEZ and Gulf EEZ is zero. This proposed rule would 
continue the restrictions on the harvest or possession of Nassau 
grouper in the Gulf EEZ and South Atlantic EEZ.

Increase in Crew Member Limit for Dual-Permitted Vessels

    Currently, there is a crew size limit of three for vessels with 
both a South Atlantic Charter Vessel/Headboat Permit for Snapper-
Grouper and a commercial South Atlantic Unlimited or 225-Pound Permit 
for Snapper-Grouper (referred to as ``dual-permitted'' vessels) that 
are fishing commercially. This crew size limit prevents a dual-
permitted vessel from engaging in a charter vessel/headboat trip when 
the vessel is harvesting and possessing fish in excess of the 
recreational bag limits. However, a safety concern arises under the 
current crew size regulations when dual-permitted vessels are 
spearfishing commercially under the South Atlantic Unlimited or 225-
Pound Permit for Snapper-Grouper. The maximum crew size of three 
persons prevents fishermen from diving in pairs using the buddy system 
while having a standby diver and captain at the surface, as recommended 
by the U.S. Coast Guard diving operations manual. Therefore, this rule 
would increase the crew size from three to four on dual-permitted 
vessels to allow two persons to remain on the vessel while there are 
two divers in the water, thereby increasing safety-at-sea.

Removal of Captain and Crew Bag Limit Retention Restrictions for 
Snapper-Grouper Species

    The final rule to implement Amendment 16 to the FMP (Amendment 
16)(74 FR 30964, June 29, 2009) prohibited the captain and crew of 
vessels operating as charter vessels or headboats (i.e., vessels with a 
valid South Atlantic Charter Vessel/Headboat Permit for Snapper-
Grouper) from retaining the bag limits of gag, black grouper, red 
grouper, scamp, red hind, rock hind, coney, graysby, yellowfin grouper, 
yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, 
vermilion snapper, sand tilefish, blueline tilefish, and golden 
tilefish to help end the overfishing of gag and vermilion snapper. The 
prohibition on retention of these species by captain and crew was 
expected to contribute to an overall reduction in harvest and 
incidental catch of gag and vermilion snapper. Amendment 16 also 
established multiple measures to end the overfishing of gag and 
vermilion snapper through quotas, reduced bag limits, and a shallow-
water grouper spawning closure. A recent stock assessment update for 
vermilion snapper indicates the species is no longer undergoing 
overfishing and is not overfished. Gag was last assessed in 2006, prior 
to the implementation of Amendment 16, and those assessment results 
indicated gag was undergoing overfishing and was approaching an 
overfished condition.
    Since the implementation of Amendment 16, several management 
measures have been implemented to ensure the overfishing of vermilion 
snapper and gag does not occur, including ACLs and accountability 
measures (AMs), which are intended to maintain harvest at or below the 
ACLs. Analysis contained in Amendment 27 indicates the reduction in the 
harvest of those snapper-grouper species subject to the captain and 
crew bag limit retention restriction is not significant, and allowing 
the captain and crew to retain bag limit quantities of gag, black 
grouper, red grouper, scamp, red hind, rock hind, coney, graysby, 
yellowfin grouper, yellowmouth grouper, yellowedge grouper, snowy 
grouper, misty grouper, vermilion snapper, sand tilefish, blueline 
tilefish, and golden tilefish, would not negatively impact snapper-
grouper stocks, including vermilion snapper and gag. Therefore, this 
rule would remove the current restriction that prohibits the captain 
and crew on a vessel operating as a charter vessel or headboat from 
retaining the bag limits of the snapper-grouper species listed above.

Modify the Framework Procedures in the Snapper-Grouper FMP

    Currently, among other things, the Framework Procedures in the FMP 
allow an ABC, ACL, and ACT to be modified for snapper-grouper species 
via the regulatory amendment process, which most often requires 
developing an amendment and associated National Environmental Policy 
Act (NEPA) analysis, and implementing the management measures through 
proposed and final rulemaking. This process can be lengthy. The lag 
time between when new scientific information becomes available and when 
catch levels can be adjusted has the potential to result in adverse 
impacts on the economic and biological environments of the snapper-
grouper fishery. Therefore, this rule would allow an ABC, ACL, and ACT 
to be modified using an abbreviated framework procedure, whereby after 
the South Atlantic Council has taken final action to change an ABC, 
ACL, and/or ACT, the Council would submit a letter with supporting data 
and information to the NMFS Southeast Regional Administrator (RA) 
requesting the desired change to those applicable harvest parameters.

[[Page 59637]]

    Based on the information provided by the South Atlantic Council, 
the RA would determine whether or not the requested modifications may 
be warranted. If the requested modifications may be warranted, NMFS 
would develop the appropriate documentation to comply with NEPA and 
other applicable law, and propose the action through rulemaking. NMFS 
anticipates this expedited process will shorten the time it would take 
to make routine changes to harvest limits in response to new 
information, while allowing the public adequate time to comment on any 
change.

Remove Blue Runner From the FMP

    The Magnuson-Stevens Act requires Councils to prepare FMPs for 
overfished species and for other species where regulation would serve 
some useful purpose, and where the present or future benefits of 
regulation would justify the costs. Blue runner was originally included 
in the FMP because it was thought to co-occur with other, more 
economically desirable species.
    In the final rule to implement the Comprehensive ACL Amendment (77 
FR 15916, March 16, 2012), all snapper-grouper species listed in the 
FMP (including blue runner) were evaluated to determine if they were 
still in need of Federal conservation and management. NMFS' guidelines 
for determining whether to include species in an FMP for purposes of 
Federal conservation and management are set forth in 50 CFR 
600.340(b)(2).
    Based on an evaluation of these criteria for all of the snapper-
grouper species in the FMP, the Comprehensive ACL Amendment removed 13 
species from the FMP. Blue runner was not removed from the FMP at that 
time because it was determined to not meet the criteria for being 
removed from the FMP, and the final rule to implement the Comprehensive 
ACL Amendment established an ACL of 1,289,941 lb (585,107 kg) for blue 
runner.
    In Amendment 27, the South Atlantic Council re-evaluated the need 
for Federal management of blue runner based on updated information. The 
majority of commercial and recreational blue runner harvest (99 
percent) occurs off the state of Florida (in Federal and state waters 
combined), with 76 percent of blue runner landings harvested in state 
waters (using landings data from 2005-2011) and a large portion of the 
recreational landings harvested from shore. Florida manages blue runner 
in state waters. Florida regulations include a 2-fish bag limit or a 
limit of 100 lb (46 kg) of blue runner per day (whichever is greater) 
with a recreational fishing license, gear prohibitions for both 
commercial and recreational fishermen, and a commercial saltwater 
products license (SPL) requirement to harvest blue runner in amounts 
exceeding 100 lb (46 kg) per day. Bycatch of blue runner in state 
waters using allowable gear may be sold with a commercial SPL. Blue 
runner is primarily used as bait, is not commonly retained for human 
consumption, and is exempt from any Federal bag and possession limit 
restrictions. A commercial Federal South Atlantic Unlimited or a 225-
Pound Trip Limit Snapper-Grouper Permit is not required to harvest blue 
runner in state waters.
    Based on the updated information above, the South Atlantic Council 
determined blue runner could be removed from the FMP without 
jeopardizing the health or sustainability of the stock. Therefore, this 
rule, if approved, would remove blue runner from the FMP.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 27, the FMP, the Magnuson-Stevens Act and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA for this rule, as required by section 603 of 
the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the 
economic impact that this proposed rule, if adopted, would have on 
small entities. A description of the action, why it is being 
considered, and the objectives of and legal basis for this action are 
contained in the preamble. A copy of the full analysis is available 
from the NMFS (see ADDRESSES). A summary of the IRFA follows.
    The proposed rule would extend the South Atlantic Council's 
jurisdictional authority for management of Nassau grouper to include 
Gulf Federal waters and continue the harvest prohibition of Nassau 
grouper in the Gulf and South Atlantic EEZ; increase, from three to 
four, the number of crew members on any dual-permitted vessel (a vessel 
with both a South Atlantic for-hire snapper-grouper and a South 
Atlantic commercial snapper-grouper permit); remove the snapper-grouper 
species retention restrictions for captain and crew of vessels with a 
South Atlantic for-hire snapper-grouper permit; modify the South 
Atlantic Snapper-Grouper FMP framework procedure; and remove blue 
runner from the South Atlantic Snapper-Grouper FMP.
    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 proposed rule. 
Accordingly, this rule does not implicate the Paperwork Reduction Act.
    NMFS expects the proposed rule to directly affect commercial 
fishermen and for-hire vessel operators in the South Atlantic snapper-
grouper fishery. The Small Business Administration recently modified 
the small entity size criteria for all major industry sectors in the 
U.S., including fish harvesters. A business involved in finfish 
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 487210, recreational industries). The SBA periodically reviews and 
changes, as appropriate, these size criteria. On June 20, 2013, the SBA 
issued a final rule revising the small business size standards for 
several industries effective July 22, 2013 (78 FR 37398). This rule 
increased the size standard for commercial finfish harvesters from $4.0 
million to $19.0 million. Neither this rule, nor other recent SBA 
rules, changed the size standard for for-hire vessels.
    From 2007 through 2011, an annual average of 336 vessels with valid 
commercial South Atlantic snapper-grouper permits landed at least 1 lb 
(0.45 kg) of blue runner. These vessels generated dockside revenues of 
approximately $2.1 million (2011) from all species caught in the same 
trips as blue runner, of which $111,000 (2011 dollars) were from sales 
of blue runner. Each vessel, therefore, generated an average of 
approximately $6,250 in gross revenues, of which $330 were from blue 
runner. Vessels in the coastal migratory pelagics fishery also 
harvested blue runner on some of their trips harvesting Spanish or king 
mackerel. In 2007-2011, an average of 176 vessels harvested at least 1 
lb (0.45 kg) of king mackerel and 1 lb (0.45 kg) of blue runner. These 
vessels generated an average of about $799,000 from sales of king 
mackerel and $57,000 from sales of blue runner. For the same period, an

[[Page 59638]]

average of 219 vessels harvested at least 1 lb (0.45 kg) of Spanish 
mackerel and 1 lb (0.45 kg) of blue runner. These vessels generated 
about $352,000 from sales of Spanish mackerel and $33,000 from sales of 
blue runner.
    For over 2 decades, the commercial and recreational harvest of 
Nassau grouper in the South Atlantic and Gulf has been prohibited, so 
no revenue information on commercial vessels dependent on Nassau 
grouper is available. Based on the revenue information presented above, 
all commercial vessels affected by the rule can be considered small 
entities.
    From 2007 through 2011, an annual average of 1,813 vessels had 
valid South Atlantic charter vessel/headboat (for-hire) snapper-grouper 
permits. As of January 22, 2013, 1,462 vessels held South Atlantic for-
hire snapper-grouper permits, and about 75 are estimated to have 
operated as headboats in 2013. The for-hire fleet consists of charter 
vessels, 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 vessel 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 per vessel estimates are $209,507 for 
Florida vessels and $153,848 for vessels in the other states. Based on 
these average revenue figures, all for-hire operations that would be 
affected by the rule can be considered small entities.
    NMFS expects the proposed rule would directly affect all federally 
permitted commercial vessels harvesting blue runner 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 determined that 
the proposed action would affect a substantial number of small 
entities.
    Because NMFS determined that all entities expected to be affected 
by the actions in this proposed rule are small entities, the issue of 
disproportional effects on small versus large entities does not arise 
in the present case.
    Extending the South Atlantic Council's jurisdictional authority for 
management of Nassau grouper has no direct effects on the profits of 
commercial and for-hire vessels, because there are no accompanying 
changes to the management measures for this species. Any future changes 
to the management for Nassau grouper in the Gulf or South Atlantic EEZ 
would pass through the usual regulatory process, although in the future 
it would be solely under the South Atlantic Council's regulatory 
process.
    Increasing the maximum number of crew members on any dual-permitted 
vessel from three to four would generally affect only those vessels 
that opt to bring on board an additional crew member. Vessel owners/
operators would likely weigh the additional costs and benefits of such 
an action. Direct costs would be in the form of compensation to the 
additional crew member. Benefits could come in the form of better 
safety conditions, especially on trips that involve diving, or higher 
fishing quality on for-hire vessel trips that could generate repeat 
customers and increase the vessel's net operating revenues. The net 
effect of this action is relatively unknown in the short term. This 
action would make the South Atlantic regulation on the maximum crew 
size of dual-permitted vessels consistent with the Gulf regulation.
    Removing the snapper-grouper bag limit retention restrictions for 
the captain and crew of for-hire vessels (i.e., allowing the captain 
and crew to possess bag limits for all snapper-grouper species with 
allowable bag limits) could potentially increase the profits of for-
hire vessels. These extra bag limits could be used as part of crew 
compensation, which would lower overall cost, or as a marketing tool to 
attract additional angler trips, which could bring in additional 
revenues. It is likely, however, that profit increases would be 
relatively minimal because of the small number of additional fish that 
could be kept if the retention restriction were removed. The total 
extra fish in a year that would result from allowing the captain and 
crew of for-hire vessels to keep bag limits is estimated to be about 51 
fish on all charter trips and 138 fish on all headboat trips. From an 
enforcement perspective, this action would reduce confusion about which 
snapper grouper-species could be retained by the captain and crew of 
for-hire vessels.
    Modifying the FMP framework procedure would have no direct effects 
on commercial and for-hire vessel profits. This modification would 
allow for faster implementation of changes in the ABCs, ACLs, and ACTs 
for any snapper-grouper species based on the most recent stock 
assessment. The effects of those changes will be analyzed once they are 
considered by the South Atlantic Council.
    Removing blue runner from the FMP would leave the species 
relatively unregulated in the South Atlantic EEZ, where 24 percent of 
the landings occurred from 2005-2011. As a result, commercial vessels 
could harvest as many blue runner as they can using whatever gear is 
most efficient for their operations. In principle, therefore, this 
action can be expected to result in overall profit increases to 
commercial vessels in the short term. Historically, however, blue 
runner has not been a major species targeted or landed by commercial 
snapper-grouper or coastal migratory pelagic vessels. During 2007-2011, 
revenues from blue runner accounted for an average of about 5 percent 
of total revenues generated by snapper-grouper commercial vessels that 
landed at least 1 lb (0.45 kg) of blue runner. These vessels would 
generate additional profits mainly if they increase their effort in 
harvesting blue runner. This would require some changes in their 
harvesting strategies that may only increase fishing costs. Many vessel 
operators may have deemed this cost increase not worth expending, as 
partly evidenced by the relatively small share that sales of blue 
runner contribute to total vessel revenues.
    The case with commercial vessels targeting mainly Spanish or king 
mackerel is different from that with vessels mainly dependent on 
snapper-grouper species. Under the no action alternative, a commercial 
snapper-grouper permit is required to possess and land blue runner. In 
addition, allowable gear types for harvesting any snapper-grouper 
species exclude gillnets, which are a gear type used in harvesting king 
and Spanish mackerel. Vessels which harvest Spanish or king mackerel 
but do not possess a commercial snapper-grouper permit must discard 
their catches of blue runner; or, even if they have the necessary 
commercial snapper-grouper permit, they may not use gillnets to harvest 
blue runner along with king and Spanish mackerel. For commercial 
vessels landing at least 1 lb (0.45 kg) of Spanish mackerel and 1 lb 
(0.45 kg) of blue runner, revenues from blue runner were about 10 
percent of revenues from Spanish mackerel; and for commercial vessels 
landing at least 1 lb (0.45 kg) of king mackerel and 1 lb (0.45 kg) of 
blue runner, revenues from blue runner were about 5 percent of revenues 
from king mackerel. Removing blue runner from the FMP would allow these 
vessels to legally maintain their revenues and profits at current 
levels.
    Similar to commercial vessels, for-hire vessels would, in 
principle, benefit from removing blue runner from the FMP. These 
vessels may take as many trips targeting blue runner as they can.

[[Page 59639]]

However, charter vessels and headboats accounted for only 2.4 percent 
and 2.5 percent, respectively, of total recreational landings of blue 
runner during 2007-2011. In addition, there is no record of target 
trips for blue runner by charter vessels, and target trips for blue 
runner by headboats are unknown. Given this information on landings and 
target trips, removing blue runner from the FMP would likely have 
minimal effects on the profits of for-hire vessels.
    The long-term effects of removing blue runner from the FMP on 
commercial and for-hire vessel profits would depend on whether the 
harvest of blue runner is sustainable in the absence of Federal 
management of the species. Should blue runner undergo overfishing or 
become overfished, commercial and for-hire vessel catches of blue 
runner would decline and so would their profits. However, it should be 
noted that about 99 percent of blue runner are caught off of Florida 
waters, and if blue runner is removed from the FMP Florida could extend 
its fishing regulations into the EEZ. This could allow for continued 
sustainable management of the species. In addition, the South Atlantic 
Council expressed its intention to continue monitoring trends and 
landings of blue runner for possible future management actions 
affecting the species, should the need arise.
    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 extending the South Atlantic Council's jurisdictional 
authority for management of Nassau grouper. The only other alternative 
is the no action alternative. The South Atlantic Council decided two 
alternatives were sufficient, since the Secretary of Commerce has 
already designated the South Atlantic Council as the responsible 
fishery management council to manage Nassau grouper in the Gulf. These 
two alternatives are administrative in nature and therefore would have 
no direct effects on the profits of commercial and for-hire vessels.
    Three alternatives, including the preferred alternative, were 
considered for modifying the crew size restriction for dual-permitted 
snapper-grouper vessels. The first alternative, the no action 
alternative, would maintain the crew size limit of three persons. This 
alternative would have no effects on vessel profits, but it would not 
address safety issues particularly related to diving trips. The second 
alternative would remove entirely the crew size limit on dual-permitted 
snapper-grouper vessels. This alternative would afford vessel owners/
operators more flexibility in selecting the optimal crew size for every 
fishing trip, and thus may be expected to result in higher profits than 
any of the other alternatives. However, this alternative would tend to 
complicate the enforcement of fishing rules that differentiate between 
a commercial and a for-hire fishing trip. Under the alternative, dual-
permitted vessels could take a for-hire trip with every angler 
practically considered a crew member, and then sell their catch as if a 
commercial vessel trip was taken. In addition to being illegal, this 
practice could pose problems in tracking recreational versus commercial 
landings of snapper-grouper species for purposes of ACL monitoring. 
Moreover, accountability measures could be unduly imposed on one sector 
if sector ACLs could not be properly monitored.
    Three alternatives, including the preferred alternative, were 
considered for modifying the bag limit restriction on snapper-grouper 
species for the captain and crew of permitted for-hire vessels. The 
first alternative, the no action alternative, would maintain the 
prohibition on captain and crew of for-hire vessels from retaining bag 
limit quantities of the following species: gag, black grouper, red 
grouper, scamp, red hind, rock hind, coney, graysby, yellowfin grouper, 
yellowmouth grouper, yellowedge grouper, snowy grouper, misty grouper, 
vermilion snapper, sand tilefish, blueline tilefish, and golden 
tilefish. This alternative would not change the profits of for-hire 
vessels, but would also forgo any potential profit that could result 
from the preferred alternative. The second alternative would establish 
a bag limit of zero for the captains and crew of permitted for-hire 
vessels for all species included in the FMP. Under this alternative, 
captain and crew of for-hire vessels would tend to forgo annually about 
275 fish in charter trips, and 4,291 fish in headboat trips. If these 
fish were used as part of crew compensation, losing them would increase 
the cost of fishing; if these fish were used as a marketing tool to 
attract additional angler trips, those trips and associated revenues 
would unlikely occur in the future. There is, therefore, a good 
likelihood that this alternative would adversely affect the profits of 
for-hire vessels, although the magnitude of effects would be relatively 
small.
    Two alternatives, including the preferred alternative, were 
considered for modifying the FMP framework procedure. The only other 
alternative is the no action alternative. These two alternatives are 
administrative in nature and therefore would have no direct effects on 
the profits of commercial and for-hire vessels. Only one alternative 
was considered by the Council that would meet the purpose of this 
amendment and at same time address the concerns raised by NOAA General 
Counsel (GC). The Council had initially proposed amending the framework 
procedure to allow for adjustments to ACLs via publication of a notice 
in the Federal Register. However, NOAA GC advised the Council that such 
a process would not meet current legal requirements and NMFS would 
likely disapprove it. Subsequently, the Council revised the alternative 
to incorporate NOAA GC suggestions.
    Three alternatives, including the preferred alternative, were 
considered for modifying the placement of blue runner in a fishery 
management unit and/or modifying management measures for blue runner. 
The first alternative, the no action alternative, would have no effect 
on the profits of commercial and for-hire vessels in the snapper-
grouper fishery. However, commercial vessels in the coastal migratory 
pelagics fishery that do not possess a commercial snapper-grouper 
permit would have to discard their catches of blue runner unless they 
secure the necessary permit. Without the necessary permit, they would 
experience revenue and profit reductions from discarding blue runner. 
If they wanted to continue their practice of harvesting and selling 
blue runner, they would have to purchase a commercial snapper-grouper 
permit. Their cost would increase especially because the commercial 
snapper-grouper permit is under a moratorium, and the likely purchase 
price of a commercial snapper-grouper permit would be substantially 
higher than the administrative cost of securing an open access permit 
or renewing a commercial snapper-grouper permit. The second alternative 
would retain blue runner in the FMP, but would allow commercial harvest 
and sale of blue runner for vessels with a South Atlantic commercial 
Spanish mackerel permit. In addition, gillnets would be an allowable 
gear in the snapper-grouper fishery, although only for harvesting blue 
runner. This alternative would tend to maintain the current 
profitability of commercial vessels, especially in the coastal 
migratory pelagics fishery as these vessels would be allowed to harvest 
and sell blue runner without incurring additional costs through the 
purchase of commercial snapper-

[[Page 59640]]

grouper permits. The third alternative would retain blue runner in the 
FMP, but would exempt the species from the commercial snapper-grouper 
permit requirement for purchase, harvest, and sale of snapper or 
grouper. This alternative would have the same effects on the profits of 
commercial vessels as the second alternative.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Headboat, Reporting and recordkeeping 
requirements, South Atlantic.

    Dated: September 20, 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 
proposed to be 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.  622.1, paragraph (d), Table 1, the entry for ``FMP for the 
Snapper-Grouper Fishery of the South Atlantic Region'' is revised and 
footnote 6 is added to read as follows:


Sec.  622.1  Purpose and scope.

* * * * *
    (d) * * *

                Table 1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                                  Responsible
                                    fishery
          FMP title               management        Geographical area
                                  council(s)
------------------------------------------------------------------------
 
                              * * * * * * *
FMP for the Snapper-Grouper    SAFMC...........  South Atlantic \6\.
 Fishery of the South
 Atlantic Region.
 
                              * * * * * * *
------------------------------------------------------------------------
\6\ Nassau grouper in the South Atlantic EEZ and the Gulf EEZ are
  managed under the FMP.

* * * * *
0
3. In Sec.  622.2, the definition for ``charter vessel'' is revised to 
read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that is subject to the requirements of the USCG to carry six or fewer 
passengers for hire and that engages in charter fishing at any time 
during the calendar year. A charter vessel with a commercial permit, as 
required under Sec.  622.4(a)(2), is considered to be operating as a 
charter vessel when it carries a passenger who pays a fee or when there 
are more than three persons aboard, including operator and crew, except 
for a charter vessel with a commercial vessel permit for Gulf reef fish 
or South Atlantic snapper-grouper. A charter vessel that has a charter 
vessel permit for Gulf reef fish and a commercial vessel permit for 
Gulf reef fish or a charter vessel permit for South Atlantic snapper-
grouper and a commercial permit for South Atlantic snapper-grouper 
(either a South Atlantic snapper-grouper unlimited permit or a 225-lb 
(102.1-kg) trip limited permit for South Atlantic snapper-grouper) is 
considered to be operating as a charter vessel when it carries a 
passenger who pays a fee or when there are more than four persons 
aboard, including operator and crew. A charter vessel that has a 
charter vessel permit for Gulf reef fish, a commercial vessel permit 
for Gulf reef fish, and a valid Certificate of Inspection (COI) issued 
by the USCG to carry passengers for hire will not be considered to be 
operating as a charter vessel provided--
    (1) It is not carrying a passenger who pays a fee; and
    (2) When underway for more than 12 hours, that vessel meets, but 
does not exceed the minimum manning requirements outlined in its COI 
for vessels underway over 12 hours; or when underway for not more than 
12 hours, that vessel meets the minimum manning requirements outlined 
in its COI for vessels underway for not more than 12-hours (if any), 
and does not exceed the minimum manning requirements outlined in its 
COI for vessels that are underway for more than 12 hours.
* * * * *
0
4. In Sec.  622.33, paragraph (c) is removed and reserved and a note is 
added to paragraph (a) to read as follows:


Sec.  622.33  Prohibited Species.

    (a) * * *

    Note to paragraph (a):  Nassau grouper in the Gulf EEZ may not 
be harvested or possessed, as specified in Sec.  622.181(b)(1).

* * * * *
0
5. In Sec.  622.38, paragraph (b)(2) is revised to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Groupers, combined, excluding goliath grouper--4 per person per 
day, but not to exceed 1 speckled hind or 1 warsaw grouper per vessel 
per day, or 2 gag per person per day. However, no grouper may be 
retained by the captain or crew of a vessel operating as a charter 
vessel or headboat. The bag limit for such captain and crew is zero. 
(Note: Nassau grouper in the Gulf EEZ may not be harvested or 
possessed, as specified in Sec.  622.181(b)(1).)
* * * * *
0
6. In Sec.  622.181, paragraph (b)(1) is revised and paragraph (b)(4) 
is added to read as follows:


Sec.  622.181  Prohibited Species.

* * * * *
    (b) * * *
    (1) Goliath grouper may not be harvested or possessed in the South 
Atlantic EEZ. Goliath grouper taken in the South Atlantic EEZ 
incidentally by hook-and-line must be released immediately by cutting 
the line without removing the fish from the water.
* * * * *
    (4) Nassau grouper may not be harvested or possessed in the South 
Atlantic EEZ or the Gulf EEZ. Nassau grouper taken in the South 
Atlantic EEZ or the Gulf EEZ incidentally by hook-and-line must be 
released immediately by cutting the line without removing the fish from 
the water.
* * * * *

[[Page 59641]]

0
7. In Sec.  622.187, paragraphs (b)(2), (b)(5) and (b)(8) are revised 
to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Grouper and tilefish, combined--3. Within the 3-fish aggregate 
bag limit:
    (i) No more than one fish may be gag or black grouper, combined;
    (ii) No more than one fish per vessel may be a snowy grouper;
    (iii) No more than one fish may be a golden tilefish; and
    (iv) No goliath grouper or Nassau grouper may be retained.
* * * * *
    (5) Vermilion snapper--5.
* * * * *
    (8) South Atlantic snapper-grouper, combined--20. However, excluded 
from this 20-fish bag limit are tomtate, South Atlantic snapper-grouper 
ecosystem component species (specified in Table 4 of Appendix A to part 
622), and those specified in paragraphs (b)(1) through (7) and 
paragraphs (b)(9) and (10) of this section.
* * * * *


Sec.  622.193  [Amended]

0
7. In Sec.  622.193, paragraph (s) is removed and reserved.
0
8. 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
    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
    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. 2013-23354 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-22-P