[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Rules and Regulations]
[Pages 30947-30954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13059]



[[Page 30947]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02]
RIN 0648-BE55


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 29

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 Amendment 29 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP) (Amendment 29), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). Amendment 29 and 
this final rule revise annual catch limits (ACLs) and recreational 
annual catch targets (ACTs) for four unassessed snapper-grouper species 
and three snapper-grouper species complexes based on an update to the 
acceptable biological catch (ABC) control rule and revised ABCs for 14 
snapper-grouper stocks. Additionally, this final rule revises 
management measures for gray triggerfish in Federal waters in the South 
Atlantic region, including modifying minimum size limits, establishing 
a split commercial season, and establishing a commercial trip limit. 
The purpose of this final rule is to revise ACLs for select snapper-
grouper species using the best scientific information available, and to 
address concerns about inconsistent minimum size limits among states, 
and early harvest closures in the commercial sector for gray 
triggerfish.

DATES: This rule is effective July 1, 2015.

ADDRESSES: Electronic copies of Amendment 29, which includes an 
environmental assessment (EA), a Regulatory Flexibility Act (RFA) 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg.

FOR FURTHER INFORMATION CONTACT: Karla Gore, 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 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 November 24, 2014, NMFS published a notice of availability for 
Amendment 29 and requested public comment through January 23, 2015 (79 
FR 69819). On December 8, 2014, NMFS published a proposed rule for 
Amendment 29 and requested public comment through January 7, 2015 (79 
FR 72567). NMFS approved Amendment 29 on February 20, 2015. The 
proposed rule and Amendment 29 set forth the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
Amendment 29 and this final rule is provided below.

Management Measures Contained in Amendment 29 and This Final Rule

    Amendment 29 updates the ABC control rule for unassessed stocks, 
revises the ABCs for 14 snapper-grouper species through application of 
the new control rule, and revises the recreational ACTs for three 
snapper-grouper species complexes and four snapper-grouper species 
based on the revised ABCs. Amendment 29 and this final rule revise the 
ACLs for the commercial and recreational sectors for three snapper-
grouper species complexes and four snapper-grouper species based on the 
revised ABCs, and for gray triggerfish, modify the minimum size limits, 
and establish a split commercial fishing season and a commercial trip 
limit.

Amendment 29 Updates the ABC Control Rule

    Amendment 29 modifies the ABC control rule to use the Only Reliable 
Catch Stocks (ORCS) approach, recommended by the Council's Scientific 
and Statistical Committee (SSC), which is a method for calculating ABC 
values for unassessed stocks when there is only reliable catch 
information available. Amendment 29 describes the ORCS approach in 
detail. Amendment 29 employs the ORCS approach to revise ABC values for 
the following unassessed snapper-grouper species: Bar jack, margate, 
red hind, cubera snapper, yellowedge grouper, silk snapper, Atlantic 
spadefish, gray snapper, lane snapper, rock hind, tomtate, white grunt, 
scamp, and gray triggerfish.

Revise Annual Catch Limits for Select Species

    Amendment 29 and this final rule revise the ACLs for the commercial 
and recreational sectors for three snapper-grouper species complexes 
and four snapper-grouper species based on the revised ABCs using the 
ORCS approach, and set the ACL and optimum yield (OY) equal to the ABC 
for the snappers complex, grunts complex, shallow-water complex, bar 
jack, Atlantic spadefish, and gray triggerfish. For scamp, the ACL and 
OY equal 90 percent of the ABC, due to concerns about stock status.

Modify Minimum Size Limit for Gray Triggerfish

    Amendment 29 and this final rule establish a 12-inch (30.5-cm), 
fork length (FL), minimum size limit for gray triggerfish in Federal 
waters off North Carolina, South Carolina, and Georgia for both the 
commercial and recreational sectors and increase the minimum size limit 
to 14 inches (35.6 cm) FL off the east coast of Florida for both the 
commercial and recreational sectors.

Establish a Split Commercial Season for Gray Triggerfish

    Amendment 29 and this final rule divide the annual commercial 
fishing season for gray triggerfish into two 6-month fishing seasons 
and allocate 50 percent of the 312,324 lb (141,668 kg) commercial gray 
triggerfish ACL, or 156,162 lb (70,834 kg), round weight, to each 
fishing season, January 1 through June 30, and July 1 through December 
31. When the quota is reached during either fishing season, the 
commercial sector closes. In addition, any unused portion of the quota 
from the first fishing season is added to the quota in the second 
season. Any unused portion of the quota specified in the second fishing 
season, including any addition of quota from the first season, becomes 
void and is not added to any subsequent quota. Because this final rule 
is being implemented halfway through the 2015 fishing year and 
commercial landings of gray triggerfish have accumulated, the quota for 
the 2015 July 1 through December 31 fishing season will be the 
difference between the new total commercial ACL of 312,324 lb (141,668 
kg) and the amount of commercial landings that have occurred by July 1, 
2015.

Establish a Commercial Trip Limit for Gray Triggerfish

    Amendment 29 and this final rule establish a commercial trip limit 
of 1,000 lb (454 kg), round weight, for gray triggerfish.

Comments and Responses

    NMFS received a total of 15 comment letters from the public during 
the

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comment period on Amendment 29 and the proposed rule. Of these, seven 
expressed opposition and one expressed support for actions in Amendment 
29. The remaining letters were unrelated to the actions proposed in the 
amendment. The comments related to Amendment 29 and NMFS's respective 
responses are summarized below.
    Comment 1: The ORCS approach is not based on the best available 
scientific information because it diverges from the recommendations 
contained within the Berkson et al. (May 2011) ORCS Working Group NOAA 
Technical Memorandum and previous technical guidance from NMFS (i.e., 
Restrepo et al. (July 1998) NOAA Technical Memorandum) that indicate 
maximum landings should only be used in the catch statistic for lightly 
exploited non-target species.
    Response: NMFS disagrees, and both the Council's SSC and the NMFS 
Southeast Fisheries Science Center (SEFSC) determined that the actions 
in Amendment 29 are based on the best scientific information available. 
The SSC and the Council considered the recommendations in the technical 
guidance from the Berkson et al. (May 2011) ORCS Working Group NOAA 
Technical Memo, which can be found in Appendix H of Amendment 29, and 
Restrepo et al. (1998), which can be found at http://www.nmfs.noaa.gov/sfa/NSGtkgd.pdf, and determined that the use of maximum landings for 
the catch statistic for the species addressed by Amendment 29 was 
appropriate based on the following considerations. The Chair of the SSC 
indicated that the stocks addressed through the ORCS approach in 
Amendment 29 are, for the most part, minor stocks, and the probability 
that they are already overexploited is lower than for the species that 
have been assessed. That is because for many of these unassessed 
species, catch is not directed but is incidental to other targeted 
species, and landings are episodic and highly variable, with some years 
of fairly high catches and other years of low catches. The SSC 
considered the use of a median, instead of maximum, catch statistic for 
these stocks, but was concerned that it would not adequately represent 
the high fluctuation in landings. Therefore, the SSC set the catch 
statistic at the upper bound of the band of landings during the time 
period 1999-2007 to account for the variability in catch, intending 
that the resulting ABC from using maximum landings as the catch 
statistic in ORCS would serve as a limit, not a target, and landings 
would be expected, on average, to be below the ABC. Accountability 
measures would be triggered if an ACL that resulted from the ABC was 
reached or projected to be reached. However, if the ABC is repeatedly 
exceeded, that would suggest that effort for a stock is not incidental 
but is directed and expanding, and Council action would be needed.
    Comment 2: NMFS failed to take a hard look at the environmental 
consequences of its proposed action to set ABCs for species in 
Amendment 29. Peer-reviewed literature and scientific evidence 
presented to NMFS, the Council, and the SSC demonstrates that the use 
of catch scalars, that set an ABC level as a multiple of the maximum 
catch statistic or at the third highest historic landings, have high 
probabilities of overfishing and reduce long-term yields. Despite 
having been notified of these environmental consequences before and 
during scoping for Amendment 29, neither Amendment 29 nor the proposed 
rule addresses any of this scientific information or seeks to justify 
the rationale behind the decision based on the information presented to 
NMFS and the Council. Furthermore, NMFS has not taken a hard look at 
the significant new information that has come to light in recent 
publications.
    Response: NMFS and the Council have taken a hard look at the 
environmental consequences of setting the ABCs for species in Amendment 
29, including reviewing the recommendations from the ORCS Workgroup, 
the simulation approach presented to the SSC and the Council, and other 
information available during the development of the amendment. Studies 
by Newman et al. 2015 and a December 2014 report from the Natural 
Resources Defense Council, as cited by the commenter, were published 
after Amendment 29 was approved by the Council for submission to the 
Secretary of Commerce, and were not available during the development of 
the document. Because these additional studies did not indicate that 
drastic changes have occurred in the fishery, it was unnecessary to 
revise the management measures in Amendment 29 (50 CFR 600.315(e)(1)).
    Additionally, during two workshops in August 2012 and April 2013, 
the Council's SSC discussed the ORCS approach for determining the ABCs 
of unassessed species in the South Atlantic, and extensively discussed 
the designation of a catch statistic used in the ORCS approach to 
specify the ABC for the 14 species in Amendment 29.
    At the October 2013 SSC meeting, a member of the public who is an 
academic scientist, presented a simulation approach to inform the SSC 
about new methods they could consider. The simulation approach, which 
was subsequently published in March 2014, was conducted on two assessed 
species, porgy and snapper, and was not conducted on any of the 14 
unassessed snapper-grouper species addressed by Amendment 29. The SSC 
discussed this simulation approach, but did not consider the 
presentation to be a relevant evaluation of how the ORCS method was 
applied to the unassessed stocks in Amendment 29. Instead, the SSC 
reiterated its prior endorsement, from its August 2012 workshop, of 
using the ORCS approach to revise the ABCs for 14 unassessed species 
with the maximum landings as the catch statistic. The SSC considered 
ORCS to be the best approach to allow the stocks to yield their 
historic average landings in the future.
    At its March 2014 meeting, the Council was informed of a public 
comment expressing concerns with using maximum landings as the catch 
statistic for ORCS and received a presentation on the SSC's use of the 
ORCS method, and on the simulation approach, which was presented to the 
SSC in October 2013. At its June 2014 meeting, the Council further 
discussed the SSC's rationale for choosing maximum landings as a catch 
statistic in the ORCS approach, and discussed the report from the April 
29-May 1, 2014, SSC Meeting which contains a dissenting opinion from 
one SSC member (addressed in the response to comment 3, below) 
regarding concerns with how the ORCS approach was being applied. Based 
on all the foregoing and for the reasons explained in the above 
response to comment 1, the Council decided to move forward with the 
proposed revisions to the ABC control rule as recommended by the SSC, 
with the understanding that further revisions to the ABC control rule 
may be warranted in the future.
    Comment 3: One member of the SSC concluded that the ORCS approach 
was not based on the best available science and the associated catch 
level recommendations should not be used for fisheries management.
    Response: During the discussion of Amendment 29 at the April 29-May 
1, 2014, SSC Meeting, a few members of the SSC expressed concerns with 
the application of the ORCS approach and one member disagreed with the 
use of the ORCS approach and requested his position be presented as a 
``minority opinion'' in the report of the April 29-May 1, 2014, SSC 
Meeting. The SSC member did not agree with the choice of catch 
statistics and associated scalars because he thought it would provide

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less of a buffer for uncertainty than that prescribed for assessed 
species in the ABC control rule. However, despite this SSC member's 
individual opinion, the SSC reaffirmed its decision at that meeting and 
in the report of their April 29-May 1, 2014, meeting regarding the 
application of the ORCS approach to specify the catch level 
recommendations contained in Amendment 29. Further, the SSC confirmed 
that the ORCS approach, as applied in Amendment 29, still represents 
the best scientific information available and considered the associated 
catch level recommendations appropriate for management. NMFS finds that 
Amendment 29 is based on the best scientific information available.
    Comment 4: A recent peer-reviewed article documents how the South 
Atlantic and Gulf of Mexico fishery management regions routinely and 
almost uniformly set ABCs for previously unassessed stocks above the 
long-term mean landings (e.g., 3rd highest landings over 10 years or 2 
standard deviations above the mean), while all other regions with large 
numbers of data-poor stocks take a more precautionary approach. The use 
of catch scalars that are set above historic mean landings/catch levels 
conflicts with the way catch scalars are applied throughout the rest of 
the country.
    Response: NMFS disagrees. Information presented in the comment 
shows that the ABCs for a substantial portion of the data poor species 
from the Western Pacific Fishery Management Council are also set at 
levels greater than median and mean levels, and the Pacific Fishery 
Management Council also set ABCs at levels greater than median and mean 
levels for some species. The ABCs for species in the South Atlantic and 
Gulf of Mexico were based on recommendations from the Council's SSC and 
Gulf of Mexico Fishery Management Council's SSC, and were considered to 
be the best scientific information available at the time. In August 
2012 and April 2013, the Council's SSC extensively discussed the 
designation of a catch statistic to be used in the ORCS approach for 
the unassessed species addressed in Amendment 29. For many of these 
unassessed species, catch is incidental to other targeted species, and 
landings are episodic and highly variable. The SSC considered the use 
of median landings as a catch statistic but was concerned that it would 
not adequately represent the high fluctuation in landings. By using 
maximum landings for the catch statistic in the ORCS approach, the SSC 
recommended an ABC that is a limit, not a target. The ABC is set 
slightly above the level where stock biomass and landings will vary 
naturally but average landings would be expected to be below the ABC. 
Accountability measures would be triggered if an ACL that resulted from 
the ABC was exceeded.
    Comment 5: The Southeast Region's approach to stock assessment and 
ABC setting for data limited stocks leaves all of the analysis and 
decision making to the Councils and SSC with no substantive analytical 
support from expert stock assessment scientists in the SEFSC.
    Response: The Magnuson-Stevens Fishery Conservation and Management 
Act National Standard 1 guidelines state that each fishery management 
council should establish an ABC control rule based on the scientific 
advice from its SSC (50 CFR 600.310(f)(4)). The ABCs are then 
recommended by the SSC to the fishery management council, usually 
through the application of the ABC control rule. The Council's SSC, 
which includes expert stock assessment scientists, including two 
scientists from the SEFSC during the development of Amendment 29, made 
recommendations for modifications to the ABC control rule and 
application of the ORCS approach contained in Amendment 29 during the 
SSC's extensive workshop discussions in August 2012 and April 2013.
    The ABC control rule considers different levels and methods for 
setting ABCs, depending on the availability of data. For unassessed 
species, the control rule allows for the ABC to be determined using 
Depletion-Based Stock Reduction Analysis (DBSRA), Depletion-Corrected 
Average Catch (DCAC), third highest landings, or median landings. 
Amendment 29 modifies the ABC control rule to add the ORCS approach to 
the list of methods that can be used to calculate ABC values for 
unassessed stocks that may have only reliable catch data.
    Regardless of which level of the ABC control rule is applied and 
which method is used, when the Council ultimately chooses an ABC in an 
amendment to the FMP, that amendment will be reviewed by the SEFSC to 
advise whether the amendment is based upon the best scientific 
information available. The SEFSC reviewed Amendment 29 and determined 
that it is based upon the best scientific information available. NMFS 
agrees with that determination.
    Comment 6: Amendment 29 and the ABC control rule for the snapper-
grouper fishery fail to incorporate and account for discard mortality 
in the ACL setting mechanism. The FMP, as amended by Amendment 29, 
fails to include a standardized bycatch reporting methodology (SBRM).
    Response: NMFS disagrees. The ABC control rule for the snapper-
grouper fishery was established in 2012 through the Comprehensive ACL 
Amendment, which amended the FMP. Applying the control rule requires 
consideration of different levels and methods for setting an ABC and 
considers discard mortality. As discussed above, Amendment 29 modifies 
the ABC control rule to add the ORCS approach to the list of methods 
that can be used to calculate ABC values for unassessed stocks. When 
employing the ORCS approach to specify the ABCs for the 14 species 
addressed in Amendment 29, the SSC considered discard mortality to 
calculate the risk of overexploitation. Their evaluation of discard 
mortality for a species included both the discard mortality rate and 
magnitude of discards. Thus, discard mortality was accounted for in 
setting the ACLs for the species in Amendment 29.
    The FMP does contain an SBRM, and the SBRM uses a variety of 
sources to assess and monitor bycatch, such as those set forth in 
Amendment 15B to the FMP. Additionally, Amendment 29 includes a bycatch 
practicability analysis (Appendix F), which describes bycatch and 
discard information being collected for the species addressed in this 
amendment, and provides an overview of the programs to collect bycatch 
information for snapper-grouper species in the southeast region.
    Additionally, in 2014, a workgroup was established in the southeast 
region to determine the effectiveness of the current SBRMs in all FMPs 
in the southeast region. This is an ongoing effort, and the workgroup 
will be providing recommendations on how to improve the SBRMs as needed 
in 2015. NMFS anticipates that if adjustments to SBRMs based on the 
recommendations of the workgroup are needed, they will be made through 
amendments to FMPs.
    Comment 7: Amendment 29 does not comply with the National 
Environmental Policy Act in that it fails to consider a reasonable 
range of alternatives for Action 1 to update the ABC control rule. 
There are only two alternatives for Action 1, including the no action 
alternative. At the very least, the EA should have fully examined the 
impacts of the alternative catch scalars and other data-limited methods 
discussed in the ORCS Technical Memorandum, Restrepo et al. (1998), and 
the practices of other NMFS fishery management regions. These include 
the use of a more precautionary catch

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statistic, such as the mean or median historic catch level, as well as 
alternative data-limited methods, such as DBSRA and DCAC.
    Response: NMFS disagrees. A reasonable range of alternatives was 
considered in Amendment 29. In addition, the SSC and the Council 
considered the recommendations in technical guidance from the Berkson 
et al. (May 2011) ORCS Working Group NOAA Technical Memo, which can be 
found in Appendix H of Amendment 29, and Restrepo et al. (1998), which 
can be found at http://www.nmfs.noaa.gov/sfa/NSGtkgd.pdf. The use of 
mean or median historic catch levels, and DBSRA and DCAC data-limited 
methods, which are also used in other regions, are already a part of 
the Council's current ABC control rule. As such, they were considered 
by the Council as a component of Alternative 1, the no action 
alternative.
    Action 1 analyzes two alternatives: Alternative 1, the no-action, 
status quo alternative; and Alternative 2, which adds the ORCS approach 
recommended to the Council by its SSC to the list of methods that can 
be used to determine an ABC. Under the ABC Control rule developed in 
Amendment 29, Level 1 is used for stocks with assessment information, 
DBSRA is used in Level 2, DCAC is used in Level 3, ORCS is used in 
Level 4, and the third highest or median landings is Level 5 of the 
updated ABC control rule.
    The National Standard 1 guidelines state that ``for stocks and 
stock complexes required to have an ABC, each Council must establish an 
ABC control rule based on scientific advice from its SSC.'' The SSC 
provided no other options or modifications to the ABC control rule for 
the Council to consider. Therefore, the Council and NMFS determined 
that it was reasonable to analyze the two alternatives for 
modifications to the ABC control rule, and that there was no other 
reasonable alternative.
    Comment 8: NMFS should have conducted an environmental impact 
statement (EIS) for the actions in Amendment 29.
    Response: An EIS was conducted for the Comprehensive ACL Amendment, 
because that amendment first established the ABC control rule, applied 
the control rule to specify ABCs and ACLs for all snapper-grouper 
species and species managed under other FMPs, and also specified sector 
allocations. Amendment 29 proposes to modify one aspect of the ABC 
control rule through the addition of the ORCS approach, and utilize the 
ORCS approach to revise ABCs for 14 snapper-grouper species. For the 
reasons set forth in its EA, NMFS determined that the actions in 
Amendment 29 would not lead to significant biological, economic, 
social, or administrative impacts and that an EIS was not required. 
This determination was made in the finding of no significant impact.
    Comment 9: Scientific advances in data-limited assessment methods 
and tools provide a more scientifically defensible and transparent 
framework for conducting an assessment and setting ABCs for data 
limited stocks. The Data-Limited Fisheries Toolkit should have been 
used to specify ABCs for data-limited stocks.
    Response: The Data-Limited Fisheries Toolkit was referenced in a 
2015 publication by Newman et al. and in a December 2014 report from 
the Natural Resources Defense Council. Amendment 29 was approved by the 
Council in September 2014 and the toolkit was not available for 
consideration during the development of the amendment. Because this 
additional information did not indicate that drastic changes have 
occurred in the fishery, it was unnecessary to revise the management 
measures in Amendment 29 (50 CFR 600.315(e)(1)). However, the SEFSC is 
planning to examine the use of the toolkit at data limited workshops in 
the Caribbean and Gulf of Mexico, and there is potential for use of the 
toolkit in the South Atlantic in the future.
    Comment 10: How are the estimates for recreational landings of gray 
triggerfish determined?
    Response: Recreational landings for gray triggerfish and other 
snapper-grouper species are collected through the Marine Recreational 
Information Program (MRIP), and the Southeast Region Headboat Survey 
(SRHS). In the southeast region, MRIP covers both coastal Atlantic 
states from Maine to Florida and Gulf of Mexico coastal states from 
Florida to Louisiana. (Texas provides data on recreational landings 
through their coastal creel survey conducted by the Texas Division of 
Parks and Wildlife.) MRIP provides estimated landings and discards for 
six 2-month periods (waves) each year. The survey provides estimates 
for three recreational fishing modes: Shore based fishing, private and 
rental boat fishing, and for-hire charter and guide fishing. Catch data 
are collected through dockside angler intercept surveys of completed 
recreational fishing trips and effort data are collected using 
telephone surveys. The SRHS estimates landings and discards for 
headboats in the U.S. South Atlantic and Gulf of Mexico from required 
electronic logbooks. Landings data from MRIP and SRHS are compared to 
the recreational ACL. If the ACL has been met or exceeded, an 
accountability measure is triggered, such as an in-season closure. If 
landings for either MRIP or SRHS are incomplete, projections of 
landings based on information from previous years are used to predict 
when the ACL is expected to be met.
    Comment 11: Closing gray triggerfish is going to be detrimental to 
the fishermen of South Carolina. There needs to be different 
regulations for different states. One management scheme does not fit 
all areas.
    Response: To the extent practicable, an individual stock of fish 
shall be managed as a unit throughout its range, as required by 
National Standard 3 of the Magnuson-Stevens Act. However, NMFS agrees 
that one management scheme for gray triggerfish might not be 
appropriate for all areas of the South Atlantic, and Amendment 29 
should allow more access to gray triggerfish by fishermen in North 
Carolina and South Carolina. Currently, commercial harvest for gray 
triggerfish opens on January 1, and closes when the commercial ACL is 
met. Fishermen in North Carolina and South Carolina sometimes have 
limited or no access to gray triggerfish in the early months of the 
year due to poor weather, and could risk unsafe conditions to fish at 
that time. Amendment 29 includes an action to change the current 
management scheme by dividing the annual commercial fishing season for 
gray triggerfish into two 6-month fishing seasons with two separate 
quotas to improve fishing opportunities for gray triggerfish throughout 
the South Atlantic and throughout the year. This action would allocate 
50 percent of the commercial gray triggerfish ACL to the time period 
January 1 through June 30, and 50 percent to the time period July 1 
through December 31. A split commercial season would likely increase 
access to gray triggerfish in North Carolina and South Carolina during 
times of the year when weather conditions are good. NMFS also expects 
that the split commercial season will align the commercial harvest of 
gray triggerfish with that of vermilion snapper, as these are two 
species are commonly caught together.
    Comment 12: The minimum size limit for gray triggerfish should be 
12 inches (30.5 cm), fork length (FL), for both recreational and 
commercial fishermen in state and Federal waters. The recreational bag 
limit should be five fish per person per day. Enforcement is hindered 
when rules are different for state and Federal waters.

[[Page 30951]]

    Response: Currently there is no minimum size limit for gray 
triggerfish in Federal waters off North Carolina, South Carolina, and 
Georgia. This final rule specifies a minimum size limit for gray 
triggerfish of 12 inches (30.5 cm) FL in Federal waters off North 
Carolina, South Carolina, and Georgia. The current minimum size limit 
for gray triggerfish is 12 inches (30.5 cm), total length (TL), in 
Federal waters off the east coast of Florida. This final rule specifies 
a minimum size limit of 14 inches (35.6 cm) FL for gray triggerfish in 
Federal waters off the east coast of Florida. The Florida Fish and 
Wildlife Conservation Commission recently approved an increase in the 
minimum size limit for gray triggerfish from 12 inches (30.5 cm) FL to 
14 inches (35.6 cm) FL in state waters off the east coast of Florida. 
The Council's purpose is to achieve consistency with Florida 
regulations and aid law enforcement, since a 14-inch (35.6 cm) FL 
minimum size limit for gray triggerfish is already in place for Federal 
and state waters off the west coast of Florida. Gray triggerfish are 
included in the Federal 20-fish aggregate snapper-grouper bag limit and 
Amendment 29 did not include an action to establish a more specific 
recreational bag limit for gray triggerfish. A stock assessment is 
currently underway for gray triggerfish, and the Council may consider 
adjustments to management measures for the species pending the outcome 
of the assessment.
    Comment 13: The minimum size limit for gray triggerfish is 
unnecessary and will only add to discards the Council deducts from 
quotas every year with no benefit to the fish, fishermen, or consumer.
    Response: This final rule includes management measures for gray 
triggerfish to modify the minimum size limit for the commercial and 
recreational sectors, implement a split commercial season and a 
commercial trip limit. The Council determined that these management 
measures were needed to provide biological benefits for gray 
triggerfish and lengthen the fishing season.
    Because most gray triggerfish currently retained are larger than 
the 12-inch (30.5-cm) FL minimum size limit included in this final rule 
for commercial and recreational fishermen off Georgia and the 
Carolinas, increased discards are not expected. Regulatory discards 
would be expected to increase with a 14-inch (35.6-cm) FL fork length 
minimum size limit; however, the survival of released fish is estimated 
to be high (87.5 percent). The establishment of a 12-inch (30.5-cm) FL 
minimum size limit off Georgia and the Carolinas, as well as an 
increase in the minimum size limit off the east coast of Florida is 
expected to have increased biological benefits for gray triggerfish 
through improved spawning opportunities. Thus, increased biological 
benefits associated with spawning opportunities at larger size limits 
would offset negative effects of the low level of mortality associated 
with a small increase in regulatory discards. The combined effect of 
the commercial management measures proposed for gray triggerfish is 
expected to benefit fishermen by lengthening the commercial fishing 
season.
    Comment 14: The commercial trip limit does nothing to avoid 
closures or regulatory discards. The gray triggerfish quota should be 
managed with a 100 lb (45 kg) bycatch allowance for the final 25 
percent of each seasonal quota to limit closures and discards. This 
would follow the Magnuson-Stevens Act mandates to limit waste and make 
efficient use of our resources. Failure to follow these mandates should 
result in non-compliant amendments getting sent back to the Council 
with instructions to correct its mistakes.
    Response: Closures would still be expected if the gray triggerfish 
quota was managed with a 100 lb (45 kg) bycatch allowance for the final 
25 percent of each seasonal quota. The Council selected a 1,000-lb (454 
kg), round weight, trip limit as its preferred alternative. The Council 
considered various commercial trip limit alternatives, including an 
alternative that would reduce the commercial trip limit to 200 lb (91 
kg), round weight, for the final 25 percent of each seasonal quota. 
Analysis provided in Amendment 29 indicated that a step-down in the 
trip limit to 200 lb (91 kg), round weight, would lengthen the season 
by only a small amount, and would provide little economic benefit to 
fishermen. Regulatory discards of gray triggerfish can be expected 
after an ACL is reached or after a small trip limit is reached if 
fishermen are targeting co-occurring species. However, in situations 
where there are discarded gray triggerfish due to regulations, survival 
of released gray triggerfish is estimated to be high (87.5 percent).

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of South Atlantic snapper-grouper species and is consistent with 
Amendment 29, 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. Pursuant to section 604 of the 
Regulatory Flexibility Act, NMFS prepared a Final Regulatory 
Flexibility Analysis (FRFA) for this final rule. The FRFA uses updated 
information, when available, and analyzes the anticipated economic 
impacts of the final actions and any significant economic impacts on 
small entities. The FRFA is below.
    The description of the action, why it is being considered and the 
legal basis for the rule are contained in the preamble of the proposed 
rule and in the preamble of this final rule. Section 604(a)(2) of the 
RFA requires NMFS to summarize significant issues raised by the public 
in response to the IRFA, a summary of the assessment of such issues, 
and a statement of any changes made as a result of the comments. No 
significant issues were raised by the public in response to the IRFA.
    Up to 681 commercial fishing vessels operate in the snapper-grouper 
fishery of the South Atlantic and NMFS estimates that up to 592 
businesses will be directly affected; however, as explained below, the 
number is likely closer to 287. According to the Small Business 
Administration (SBA) size standards, a business in the finfish fishing 
industry (NAICS 114111) is considered a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including affiliates), and has combined annual receipts not 
in excess of $20.5 million. NMFS estimates that all of the directly 
affected businesses have annual revenues less than the size standard. 
Consequently, up to 592, but more likely closer to 287, small 
commercial fishing businesses own and operate the directly affected 
vessels. From 2009 through 2013, an annual average of 281 commercial 
fishing vessels landed gray triggerfish and 6 landed bar jack.
    Anglers who catch snapper-grouper species in the South Atlantic 
exclusive economic zone will be directly affected; however, anglers are 
not considered small entities as that term is defined in 5 U.S.C. 
601(6), whether fishing from for-hire fishing, private or leased 
vessels. Recreational for-hire fishing vessels will be indirectly 
affected.
    Amendment 29 changes the ABC rule and assigns scalar values and 
risk tolerance levels for ORCS. These are administrative actions that 
do not have a direct economic impact on any small entity.
    The rule revises the total and commercial ACLs for Atlantic 
spadefish, bar jack, gray triggerfish, scamp, grunts complex, shallow-
water grouper

[[Page 30952]]

complex, and snappers complex. The commercial ACLs for scamp and the 
grunts complex will decrease, while the commercial ACLs for the other 
species and species complexes will increase. Because baseline 
commercial landings are less than the current and revised commercial 
ACLs for Atlantic spadefish, scamp, grunts complex, shallow-water 
grouper complex, and snappers complex, NMFS expects no impact on annual 
landings of and associated dockside revenues from these five species 
and species complexes.
    NMFS expects the revised commercial ACL for gray triggerfish to 
increase annual dockside revenue from gray triggerfish landings from 
$44,118 to $66,674 (2013 dollars). Florida businesses would receive 
approximately 14 percent to 27 percent of those benefits ($6,177 to 
$18,002) and North Carolina, South Carolina, and Georgia businesses 
would receive from 86 percent to 73 percent ($57,340 to $32,206). 
Divided across all 592 businesses, the average annual increase in 
dockside revenue from gray triggerfish landings would range from 
approximately $75 to $113 (2103 dollars) per business. However, the 
number of small businesses directly affected is likely less than that. 
From 2009 through 2013, an annual average of 281 vessels landed gray 
triggerfish. The average annual benefit would range from approximately 
$157 to $237 (2013 dollars) per small business across 281 small 
businesses.
    NMFS expects the revised commercial ACL for bar jack to increase 
average annual dockside revenue from bar jack landings from $0 to 
$1,943 (2013 dollars), and divided across all 592 businesses, the 
average annual benefit would range from $0 to approximately $3 (2013 
dollars) per business. However, if that benefit is divided across the 
average of six vessels with bar jack landings annually from 2009 
through 2013, the average annual benefit would range from $0 to $324 
(2013 dollars) per small business.
    This rule revises the minimum size limit for gray triggerfish to 12 
inches (30.5 cm) FL in Federal waters off North Carolina, South 
Carolina, and Georgia, and 14 inches (35.6 cm) FL off the east coast of 
Florida. NMFS estimates that these minimum size limits will reduce 
baseline commercial landings of gray triggerfish in North Carolina, 
South Carolina, and Georgia from 1 percent to 3 percent and in Florida 
from 14 percent to 22 percent. These size limits are expected to reduce 
average annual dockside revenue from gray triggerfish landings from 
$14,775 to $42,595 in the region as a whole. NMFS estimates these 
impacts will not be shared equally across the region. NMFS estimates 
that average annual dockside revenue from gray triggerfish landings 
could decrease. That average decrease can range from $10,269 to $31,121 
(2013 dollars) in Florida and from $3,825 to $13,517 (2013 dollars) in 
the other three states. The average loss of dockside revenue per small 
business could range from $53 to $151 in Florida (with 205 businesses) 
and from $50 to $178 in the other three states (with 76 businesses).
    NMFS estimates the combined changes of the commercial ACL and 
minimum size limits for gray triggerfish to yield a net increase in 
average annual dockside revenue from gray triggerfish landings in the 
combined states of North Carolina, South Carolina, and Georgia. The 
average annual net benefit could range from $18,689 to $53,515 (2013 
dollars). With an estimated 76 businesses annually landing gray 
triggerfish in these states, the average annual increase could range 
from $246 to $704 per small business. The combined changes of the 
commercial ACL and minimum size limit for gray triggerfish are 
estimated to produce a net decrease in dockside revenue from gray 
triggerfish landings in Florida in four of six baseline scenarios. The 
net average annual loss could range from $1,803 to $24,945 in the 
state. In two scenarios, however, Florida businesses could collectively 
receive an average net gain in dockside revenue from $398 to $7,733. 
With an estimated 205 small businesses in Florida that annually land 
gray triggerfish, the average annual net loss of dockside revenue from 
gray triggerfish landings could be from $9 to $122 or the average 
annual net gain could be from $2 to $38 per small business.
    This rule will divide the commercial season for gray triggerfish 
into two 6-month seasons, with each season receiving 50 percent of the 
commercial ACL. NMFS expects the split seasons to have no effect on 
annual landings or dockside revenues. However, the divided commercial 
season will provide small businesses an increased opportunity to fish 
for gray triggerfish in the summer months when weather conditions are 
more favorable.
    This rule will establish a commercial trip limit for gray 
triggerfish of 1,000 lb (454 kg), round weight, which is expected to 
increase the number of days that each season is open; however, NMFS 
also expects no change in annual landings and dockside revenues. From 
2009 through 2013, an annual average of 10 percent of vessels with 
landings of gray triggerfish had landings that exceeded the trip limit. 
This indicates 28 vessels and small businesses that annually land the 
species could be directly affected. These 28 vessels will either have 
less annual landings and dockside revenue from the same number of trips 
or have to increase the number of trips to maintain landings and 
dockside revenues at their current levels. These 28 vessels may be 
larger than the average vessel and the trip limit could decrease their 
net revenue per pound by increasing their average cost per pound. There 
is insufficient information, however, to estimate the impact, if any, 
on net revenues from gray triggerfish landings.
    The net annual benefit is the sum of an average annual increase in 
dockside revenues ranging from $44,118 to $68,617 and an average annual 
decrease in dockside revenues ranging from $14,778 to $42,595. This 
results in a collective net annual benefit ranging from $1,523 to 
$53,839 to 287 small businesses.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all interested parties.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Annual catch target, Commercial trip limit, 
Fisheries, Fishing, Quotas, Size limit, Snapper-grouper, South 
Atlantic.

    Dated: May 26, 2015.
Samuel D. Rauch III,
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.  622.185, paragraph (c)(2) is revised to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (c) * * *

[[Page 30953]]

    (2) Gray triggerfish. (i) In the South Atlantic EEZ off Florida--14 
inches (35.6 cm), FL.
    (ii) In the South Atlantic EEZ off North Carolina, South Carolina, 
and Georgia--12 inches (30.5 cm), FL.
* * * * *

0
3. In Sec.  622.190, add paragraph (a)(8) and revise the heading of 
paragraph (c)(1) to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (8) Gray triggerfish. (i) For the period January through June each 
year--156,162 lb (70,834 kg), round weight.
    (ii) For the period July through December each year--156,162 lb 
(70,834 kg), round weight.
    (iii) Any unused portion of the quota specified in paragraph 
(a)(8)(i) of this section will be added to the quota specified in 
paragraph (a)(8)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(8)(ii) of this section, including any 
addition of quota specified in paragraph (a)(8)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *
    (c) * * *
    (1) South Atlantic gag, greater amberjack, snowy grouper, golden 
tilefish, vermilion snapper, black sea bass, red porgy, wreckfish, and 
gray triggerfish. * * *
* * * * *

0
4. In Sec.  622.191, paragraph (a)(11) is added to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (11) Gray triggerfish. Until the applicable quota specified in 
either Sec.  622.190(a)(8)(i) or (ii) is reached, 1,000 lb (454 kg), 
round weight. See Sec.  622.190(c)(1) for the limitations regarding 
gray triggerfish after either quota specified in Sec.  622.190(a)(8)(i) 
or (ii) is reached or projected to be reached.
* * * * *

0
5. In Sec.  622.193:
0
a. The first sentence of paragraphs (i)(1)(i), (i)(2), (j)(1)(i), 
(j)(2), (m)(1)(i), (m)(2), (p)(1)(i), (p)(2), (q)(1)(i), (q)(2), 
(t)(1)(i), and (t)(2) are revised;
0
b. Paragraph (x) is revised; and
0
c. The heading for paragraph (p) is revised.
    The revisions read as follows:


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

* * * * *
    (i) * * *
    (1) * * *
    (i) If commercial landings for scamp, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 219,375 lb 
(99,507 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. * * *
* * * * *
    (2) Recreational sector. If recreational landings for scamp, as 
estimated by the SRD, exceed the recreational ACL of 116,369 lb (52,784 
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. * * *
    (j) * * *
    (1) * * *
    (i) If commercial landings for other SASWG, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 55,542 lb 
(25,193 kg), round weight, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for this 
complex for the remainder of the fishing year. * * *
* * * * *
    (2) Recreational sector. If recreational landings for other SASWG, 
as estimated by the SRD, exceed the recreational ACL of 48,648 lb 
(22,066 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. * * *
* * * * *
    (m) * * *
    (1) * * *
    (i) If commercial landings for bar jack, as estimated by the SRD, 
reach or are projected to reach the commercial ACL of 13,228 lb (6,000 
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. * * *
* * * * *
    (2) Recreational sector. If recreational landings for bar jack, as 
estimated by the SRD, exceed the recreational ACL of 49,021 lb (22,236 
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. * * *
* * * * *
    (p) Other snappers complex (including cubera snapper, gray snapper, 
lane snapper, dog snapper, and mahogany snapper)--(1) * * *(i) If 
commercial landings combined for this other snappers complex, as 
estimated by the SRD, reach or are projected to reach the complex 
commercial ACL of 344,884 lb (156,437 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close 
the commercial sector for this complex for the remainder of the fishing 
year. * * *
* * * * *
    (2) Recreational sector. If the combined recreational landings for 
this other snappers complex, as estimated by the SRD, exceed the 
recreational ACL of 1,172,832 lb (531,988 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 for this complex in the following fishing 
year. * * *
    (q) * * *
    (1)* * *
    (i) If commercial landings for gray triggerfish, as estimated by 
the SRD, reach or are projected to reach the applicable commercial ACL 
(commercial quota) specified in Sec.  622.190(a)(8)(i) or (ii), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for that portion of the fishing year 
applicable to the respective quota. * * *
* * * * *
    (2) Recreational sector. If recreational landings for gray 
triggerfish, as estimated by the SRD, exceed the recreational ACL of 
404,675 lb (183,557 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,

[[Page 30954]]

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. * * *
* * * * *
    (t) * * *
    (1) * * *
    (i) If commercial landings for Atlantic spadefish, as estimated by 
the SRD, reach or are projected to reach the commercial ACL of 150,552 
lb (68,289 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. * * *
* * * * *
    (2) Recreational sector. If recreational landings for Atlantic 
spadefish, as estimated by the SRD, exceed the recreational ACL of 
661,926 lb (300,245 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. * * *
* * * * *
    (x) Grunts complex (including white grunt, sailor's choice, 
tomtate, and margate)--(1) Commercial sector. (i) If commercial 
landings for the grunts complex, as estimated by the SRD, reach or are 
projected to reach the commercial complex ACL of 217,903 lb (98,839 
kg), round weight, the AA will file a notification with the Office of 
the Federal Register to close the commercial sector for this complex 
for the remainder of the fishing year. On and after the effective date 
of such a notification, all sale or purchase of the grunts complex is 
prohibited, and harvest or possession of these species in or from the 
South Atlantic EEZ is limited to the bag and possession limits. These 
bag and possession limits apply in the South Atlantic on board a vessel 
for which a valid Federal commercial or charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, without regard to 
where such species were harvested, i.e., in state or Federal waters.
    (ii) If the combined commercial landings for the grunts complex 
exceed the ACL, and at least one of the species in the complex is 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (2) Recreational sector. If recreational landings for the grunts 
complex, as estimated by the SRD, exceed the recreational ACL of 
618,122 lb (280,375 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 for the grunts 
complex by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year. However, the 
length of the recreational season will not be reduced during the 
following fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
* * * * *
[FR Doc. 2015-13059 Filed 5-29-15; 8:45 am]
 BILLING CODE 3510-22-P