[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43033-43039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140611492-5605-02]
RIN 0648-BE30


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 20

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 20 
to the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP) (Regulatory Amendment 20), as prepared and 
submitted by the South Atlantic Fishery Management Council (Council). 
This final rule revises the snowy grouper annual catch limits (ACLs), 
commercial trip limit, and recreational fishing season. The purpose of 
this rule is to help achieve optimum yield (OY) and prevent overfishing 
of snowy grouper while enhancing socio-economic opportunities within 
the snapper-grouper fishery.

DATES: This rule is effective August 20, 2015.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes

[[Page 43034]]

an environmental assessment and an initial regulatory flexibility 
analysis (IRFA), may be obtained from the Southeast Regional Office Web 
site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am20/index.html.

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

SUPPLEMENTARY INFORMATION: Snowy grouper is in the snapper-grouper 
fishery of the South Atlantic and 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 April 8, 2015, NMFS published a proposed rule for Regulatory 
Amendment 20 and requested public comment (80 FR 18797). The proposed 
rule and Regulatory Amendment 20 outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
Regulatory Amendment 20 and this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the snowy grouper ACLs for both the 
commercial and recreational sectors, the commercial trip limits, and 
the recreational fishing season. All weights described in the preamble 
of this final rule are in gutted weight.

Snowy Grouper Commercial and Recreational ACLs

    In 2013, a standard stock assessment for snowy grouper was 
conducted using the Southeast Data, Assessment, and Review (SEDAR) 
process (SEDAR 36). SEDAR 36 indicates that the snowy grouper stock is 
no longer undergoing overfishing, remains overfished, and is 
rebuilding.
    This final rule increases the ACLs for snowy grouper based on the 
acceptable biological catch (ABC) chosen by the Council, as recommended 
by their Scientific and Statistical Committee (SSC) based on the 
results of SEDAR 36. The current snowy grouper commercial ACL is 82,900 
lb (37,603 kg). This final rule revises the commercial ACL to 115,451 
lb (52,368 kg) in 2015; 125,760 lb (57,044 kg) in 2016; 135,380 lb 
(61,407 kg) in 2017; 144,315 lb (65,460 kg) in 2018; and 153,935 lb 
(69,824 kg) in 2019, and subsequent fishing years. The current snowy 
grouper recreational ACL is 523 fish. This final rule revises the snowy 
grouper recreational ACL to 4,152 fish in 2015; 4,483 fish in 2016; 
4,819 fish in 2017, 4,983 fish in 2018; and 5,315 fish in 2019, and 
subsequent fishing years.
    Applying the existing allocation formula for snowy grouper to the 
change in landings from the SEDAR 36 assessment resulted in a shift in 
the sector ACLs from 95 percent commercial and 5 percent recreational 
to 83 percent commercial and 17 percent recreational.

Snowy Grouper Commercial Trip Limit

    This final rule revises the snowy grouper commercial trip limit 
from the current 100 lb (45 kg) to 200 lb (91 kg). The Council 
determined that since the commercial ACL would be increasing yearly 
from 2015 to 2019, a relatively small increase in the commercial trip 
limit to 200 lb (91 kg) would help to maintain a longer fishing season 
when combined with the commercial ACL increase. Furthermore, because 
the fishing year for snowy grouper begins on January 1, an increased 
trip limit could enhance profits for commercial snapper-grouper 
fishermen during the winter. This is because shallow-water grouper 
species are closed during January-April, leaving snowy grouper (a deep-
water species) as one of few options for purchase by dealers at that 
time.

Snowy Grouper Recreational Fishing Season

    The current snowy grouper fishing season is year-round with a 
recreational bag limit of one snowy grouper per vessel per day. This 
final rule revises the recreational fishing season to one snowy grouper 
per vessel per day from May through August, with no retention of snowy 
grouper during the rest of the year. The Council determined that 
reducing the current year-round recreational fishing season to a 4-
month season would help minimize the risk of exceeding the recreational 
ACL. Additionally, the fishing season dates and bag limit for the snowy 
grouper recreational sector would match those for a co-occurring 
species, blueline tilefish. The Council determined that similar 
recreational management measures and fishing seasons for snowy grouper 
and blueline tilefish would be beneficial to both fish stocks as they 
are caught at the same depths and have similar high release mortality 
rates; thereby, discards of both species could be reduced.

Comments and Responses

    A total of 24 comments were received on Regulatory Amendment 20 and 
the proposed rule from individuals, commercial fishing associations, 
fish markets, and a Federal agency. The Federal agency stated that it 
had no comment on the proposed rule or Regulatory Amendment 20. The 
comments that oppose one or more of the management measures in 
Regulatory Amendment 20 and the proposed rule are summarized and 
responded to below.
    Comment 1: NMFS should not increase the commercial or recreational 
catch limits for snowy grouper.
    Response: NMFS disagrees. In 2013, a standard stock assessment for 
snowy grouper was conducted through SEDAR 36. SEDAR 36 indicates the 
snowy grouper stock is no longer undergoing overfishing, remains 
overfished, and is rebuilding. The previous assessment conducted in 
2004 (SEDAR 4) determined snowy grouper was undergoing overfishing and 
was overfished. The Council's SSC recommended an increase in the ABC to 
the Council; and the Council then chose a corresponding increase in the 
commercial and recreational ACLs. The ACLs for the commercial and 
recreational sectors chosen by the Council and implemented through this 
final rule are based on the best scientific information available, and 
are appropriate to maintain a sustainable harvest of the stock, while 
it continues to rebuild. Thus, catch levels for snowy grouper may now 
be increased without negatively impacting the stock.
    Comment 2: NMFS should not increase the commercial quota while 
shortening the recreational fishing season.
    Response: NMFS disagrees. This final rule for Regulatory Amendment 
20 will increase both the commercial and recreational ACLs for snowy 
grouper based upon the results of the latest stock assessment (SEDAR 
36). The ACLs may be increased for the commercial and recreational 
sectors because the stock is no longer undergoing overfishing, and is 
rebuilding at a rate that allows the ABC increase recommended by the 
SSC and the ACL chosen by the Council. Further, changing the 
recreational fishing season to May through August is expected to reduce 
the chance that the recreational ACL is exceeded, promote safety at sea 
for recreational fishermen, and reduce bycatch of snowy grouper.
    The current recreational fishing season begins on January 1. 
Recreational landings for snowy grouper exceeded the recreational ACL 
by approximately 400 percent in both 2012 and 2013, and 230 percent in 
2014, and as a result of the accountability measures (AMs), the 
recreational sector closed on May 31, in 2013, and on June 7, in 2014. 
Without

[[Page 43035]]

a change to the recreational fishing season and with an increased ACL, 
it is expected that the recreational ACL would still be reached and 
harvest closed early in the year. Continuing to exceed the ACL could 
negatively impact the rebuilding of the snowy grouper stock, and the 
Council determined that changing the fishing season would help minimize 
the risk of exceeding the recreational ACL.
    Additionally, in some areas of the South Atlantic, recreational 
fishermen must travel long distances offshore to fish for snowy 
grouper, where conditions can be more challenging for fishermen during 
times of the year when weather is poor. The months of May through 
August are when recreational fishermen throughout the South Atlantic 
generally have more equal access to the resource due to good weather 
conditions, and would thus benefit the most from the increase in the 
recreational ACL.
    The fishing season dates and bag limit for the snowy grouper 
recreational sector specified in Regulatory Amendment 20 match those 
implemented in Amendment 32 to the FMP for blueline tilefish, a co-
occurring species with snowy grouper, (80 FR 16583; March 30, 2015). 
Therefore, this approach could help reduce discard mortality for snowy 
grouper, which can be targeted along with blueline tilefish. The 
Council determined that similar recreational management measures and 
fishing seasons for snowy grouper and blueline tilefish would be 
beneficial to both fish stocks and reduce bycatch as they are caught at 
the same depths and have similar high release mortality rates.
    Comment 3: NMFS should not start the commercial fishing season on 
January 1. Inclement weather in North Carolina in the earlier part of 
the year does not allow equitable access to snowy grouper, which does 
not conform to National Standard (NS) 4 of the Magnuson-Stevens Act. 
NMFS should start the commercial fishing season later in the year, and 
implement split seasons for the commercial sector.
    Response: NMFS disagrees that the commercial trip limit action 
violates NS 4, as the trip limit does not discriminate between 
residents of different states. The Council did not consider changing 
the start date of the commercial fishing year from January 1 in 
Regulatory Amendment 20, but they did consider creating split 
commercial seasons within the fishing year. The Council acknowledged 
that fishers in North Carolina have historically had limited access to 
snowy grouper at the beginning of the fishing year as a result of 
weather conditions compared to other areas within the Council's 
jurisdiction. However, snowy grouper are an important commercial 
species during January to April when the harvest of shallow-water 
grouper is closed, and snowy grouper sells at a higher market price 
during that part of the year. The Council determined that the current 
commercial fishing year allows for enhanced profits per trip and likely 
enhanced total profits for commercial snapper-grouper fishers. 
Additionally, if snowy grouper closes in the summer as a result of 
meeting its commercial quota, there are many other snapper-grouper 
species open to commercial harvest beginning on May 1. While weather 
conditions throughout the Council's area of jurisdiction may be 
variable throughout the year and may not impact certain areas or states 
in the South Atlantic at the same time in the same way, the snowy 
grouper fishing season dates are applied the same to all the states. 
Over the course of an entire fishing season, it is likely that there 
are comparable opportunities for individuals throughout the South 
Atlantic with respect to commercial harvest of snowy grouper.
    While the Council did consider split seasons for the commercial 
sector in Regulatory Amendment 20, they determined it would have little 
effect on extending the fishing season when compared with the Council's 
preferred alternative. Due to the increase to the commercial ACL in 
Regulatory Amendment 20, the first split season would likely remain 
open because the first split season quota would not be met under any of 
the new trip limit alternatives considered by the Council. Thus, the 
split season alternative would have the same effect as the preferred 
alternative of implementing a 200 lb (91 kg) trip limit with no split 
season, because both choices would result in approximately the same 
fishing season length.
    Therefore, the Council determined that their preferred alternative 
for this action best met the purpose and need to implement measures 
expected to prevent overfishing and achieve OY while also complying 
with the requirements of the Magnuson-Stevens Act and other applicable 
laws, including NS 4.
    Comment 4: NMFS should increase the commercial trip limit to 300 lb 
(136 kg), not the proposed trip limit increase to 200 lb (91 kg).
    Response: NMFS disagrees. The Council considered a trip limit of 
300 lb (136 kg), and determined that since the commercial ACL would be 
increasing yearly from 2015 to 2019, a small increase in the commercial 
trip limit from 100 lb (45 kg) to 200 lb (91 kg), would help to 
maintain a longer fishing season when combined with the commercial ACL 
increase. Analysis in Regulatory Amendment 20 revealed that commercial 
landings could increase over 100 percent throughout the calendar year 
with an increase in the commercial trip limit to 300 lb (136 kg). This 
would result in the commercial ACL being met and harvest closure 
occurring earlier in the year than for the 200 lb (91 kg) trip limit.
    Comment 5: NMFS should not reallocate the increase in commercial 
and recreational ACLs using unreliable Marine Recreational Fisheries 
Statistics Survey (MRFSS)/Marine Recreational Information Program 
(MRIP) data.
    Response: The Council is applying their approved existing sector 
allocation formula for snowy grouper to the updated MRIP landings from 
SEDAR 36 to specify sector ACLs. The existing sector allocation formula 
developed and approved in Amendment 15B to the FMP, uses average 
commercial and recreational landings from 1986-2005 (74 FR 58902, 
November 16, 2009). SEDAR 36 also included recreational data from 
Monroe County, Florida, that were not available when snowy grouper was 
first assessed in 2004 (SEDAR 4) because the recreational landings for 
Monroe County could not be separated from other west Florida landings. 
In 2013, a method was developed to separate Monroe County data from 
other west Florida landings. The change in landings from the SEDAR 36 
assessment, as applied to the average commercial and recreational 
landings for 1986-2005, resulted in a shift in the sector ACLs from the 
current 95 percent commercial and 5 percent recreational to 83 percent 
commercial and 17 percent recreational. Additionally, the SEDAR 36 
assessment made adjustments to the landings to account for the change 
from MRFSS to MRIP, and NMFS has determined that this information is 
the best scientific information available.
    Comment 6: The Council's preferred alternative of a 1 fish per 
vessel per day recreational bag limit with harvest allowed only during 
the months of May through August will result in North Carolina 
recreational fishers being geographically disadvantaged. Furthermore, 
lack of compatible regulations in Florida state waters is not only 
unfair to North Carolina fishers since North Carolina implements 
compatible regulations in its state waters, but is potentially 
detrimental to the snowy grouper population, which is still considered 
overfished and is under a rebuilding plan.

[[Page 43036]]

    Response: NMFS disagrees that the Council's choice of the 
recreational fishing season would result in a geographic disadvantage 
in accessing the snowy grouper resource by North Carolina fishers. The 
Council determined that the months of May through August are when 
recreational fishermen throughout the South Atlantic usually have equal 
access to the resource as a result of generally improved weather 
conditions.
    NMFS agrees that the lack of consistency in compatible regulations 
in state waters could have detrimental effects upon the stock as it 
rebuilds, since the implementation of compatible state regulations can 
allow for fishery resources to be more effectively conserved. However, 
based on the most recent stock assessment, the ACLs may be increased 
for the commercial and recreational sectors because the stock is no 
longer undergoing overfishing and is rebuilding at a rate that allows 
the ABC increase recommended by the SSC and the ACL chosen by the 
Council.
    Comment 7: NMFS should not allow snowy grouper to be harvested 
during the snowy grouper spawning season of April to September.
    Response: The Council recognized that spawning for snowy grouper 
occurs during April to September but determined that reducing the 
current year-round recreational fishing season to a 4-month season from 
May through August should reduce the chance that the ACL is exceeded, 
promote safety at sea, and reduce the bycatch of snowy grouper, as 
discussed in the response to Comment 2 above. In the commercial sector, 
the snowy grouper AMs that are in place and the monitoring program to 
evaluate commercial landings are expected to constrain commercial 
landings from exceeding the commercial ACL. Therefore, the harvest of 
snowy grouper that may occur during the spawning season is not expected 
to result in the ACLs being exceeded and is not expected to negatively 
impact the stock.

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 and is consistent with Regulatory 
Amendment 20, 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.
    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 final rule.
    In compliance with section 604 of the RFA, 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 incorporates the IRFA, a summary of 
the significant economic issues raised by public comment, NMFS' 
responses to those comments, and a summary of the analyses completed to 
support the action. The FRFA follows.
    No public comments specific to the IRFA were received and, 
therefore, no public comments are addressed in this FRFA. Certain 
comments with socio-economic implications are addressed in the comments 
and responses section, specifically, the response to comments 2, 3, and 
6. No changes in the final rule were made in response to public 
comments.
    NMFS agrees that the Council's choice of preferred alternatives 
would best achieve the Council's objectives for Regulatory Amendment 20 
to the FMP while minimizing, to the extent practicable, the adverse 
effects on fishers, support industries, and associated communities. The 
preamble to this final rule provides a statement of the need for and 
objectives of this rule.
    NMFS expects this rule to directly affect federally permitted 
commercial fishers who harvest snowy grouper in the South Atlantic. The 
Small Business Administration established size criteria for all major 
industry sectors in the U.S., including fish harvesters and for-hire 
operations. A business involved in fish harvesting is classified as a 
small business if it is 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 $20.5 million (NAICS code 
114111, finfish fishing) for all of its affiliated operations 
worldwide.
    Charter vessels and headboats (for-hire vessels) sell fishing 
services, which include the harvest of any species considered in this 
proposed rule, to recreational anglers. These vessels provide a 
platform for the opportunity to fish and not a guarantee to catch or 
harvest any species, though expectations of successful fishing, however 
defined, likely factor into the decision to purchase these services. 
Changing the allowable harvest of a species, including a fishery 
closure, only defines what species may be kept and does not explicitly 
prevent the continued offer of for-hire fishing services. In response 
to a change in the allowable harvest of a species, including a zero-
fish recreational bag limit, fishing for other species could continue. 
Because the changes to management measures for species implemented in 
this final rule will not directly alter the services sold by these 
vessels, this final rule does not directly apply to or regulate their 
operations. For-hire vessels will continue to be able to offer their 
primary product, which is an attempt to ``put anglers on fish,'' 
provide the opportunity for anglers to catch whatever their skills 
enable them to catch, and keep those fish that they desire to keep and 
are legal to keep. Any changes in demand for these fishing services, 
and associated economic affects as a result of changing an ACL or 
establishing fishery closures, would be a consequence of behavioral 
change by anglers, secondary to any direct effect on anglers, and, 
therefore, an indirect effect of the proposed regulatory action. 
Because the effects on for-hire vessels are indirect, they fall outside 
the scope of the Regulatory Flexibility Analysis (RFA). Recreational 
anglers, who may be directly affected by the changes in this final 
rule, are not small entities under the RFA.
    NMFS has not identified any other small entities that will be 
directly affected by this final rule.
    The snapper-grouper fishery is a multi-species fishery and vessels 
generally land many species on the same trip. From 2009 through 2013, 
an annual average of 138 vessels with valid Federal permits to operate 
in the commercial sector of the snapper-grouper fishery landed at least 
1 lb (0.45 kg) of snowy grouper. Each vessel generated annual average 
dockside revenues of approximately $78,000 (2013 dollars), of which 
$2,000 were from snowy grouper, $21,000 from other species jointly 
landed with snowy grouper, and $55,000 from other species on trips 
without snowy grouper. Vessels that caught and landed snowy grouper may 
also operate in other fisheries outside the snapper-grouper fishery, 
the revenues of which are not known and are not reflected in these 
totals. Based on revenue information, all commercial vessels directly 
affected by the final rule may be considered small entities.
    Because all entities expected to be affected by this rule are small 
entities, NMFS has determined that this final rule would affect a 
substantial number of small entities. Moreover, the issue of

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disproportionate effects on small versus large entities does not arise 
in the present case.
    The effect of the action to modify the rebuilding strategy for 
snowy grouper is to adopt the ABC chosen by the Council, as recommended 
by their SSC based upon the recent stock assessment. Modifying the 
rebuilding strategy for snowy grouper will have no direct economic 
effects on small entities, because it will not alter the current use or 
access to the snowy grouper resource. NMFS notes that the ABC resulting 
from the modification of the rebuilding strategy will be higher than 
the status quo ABC for snowy grouper.
    Setting the snowy grouper ACL equal to ABC implies that the ACL 
will increase as a result of the ABC increase. The method for 
allocating the ACL between the commercial and recreational sectors will 
remain the same. The change in the commercial and recreational 
percentage allocation results from the use of the updated landings of 
snowy grouper from SEDAR 36. Relative to the 2014 ACL, the commercial 
ACLs will increase by 39 percent in 2015 and continue to increase 
annually through 2019 to a point where the commercial ACL in 2019 will 
be 86 percent greater than it was in 2014. Compared to the 2014 ACL, 
the recreational ACL will increase by 442 percent in 2015 and continue 
to increase annually through 2019 to a point where the ACL in 2019 will 
be 623 percent greater than it was in 2014. In principle, the increases 
in the snowy grouper sector ACLs are expected to result in revenue and 
profit increases to commercial vessels. The actual results will partly 
depend on the relationship to the changes in management measures 
affecting the commercial sector, as discussed below. As noted, for-hire 
vessels will only be indirectly affected by this action.
    Increasing the snowy grouper commercial trip limit from 100 lb (45 
kg), to 200 lb (91 kg), will tend to increase the profit per trip of 
commercial vessels. This higher trip limit will complement the 
commercial ACL increase in potentially increasing the annual profits of 
commercial vessels. Given the ACL increase, the commercial fishing 
season is expected to extend from January 1 through July 19 under the 
higher trip limit, or January 1 through December 26 under the status 
quo (No Action) trip limit. Therefore, the commercial trip limit 
increase will result in a higher profit per trip but a shorter 
commercial fishing season; whereas the status quo trip limit will be 
associated with lower profit per trip but a longer fishing season. 
Which of these two scenarios will result in higher annual profit for 
commercial vessels cannot be ascertained. What is less uncertain, 
however, is that the commercial ACL increase will result in higher 
annual revenues and profits. As noted, the commercial fishing season is 
projected to last until July 19 under the revised trip limit and ACL 
increases. Without the ACL increase, the commercial fishing season is 
projected to last until June 6 under the trip limit increase. Thus, the 
commercial ACL increase will allow for about 6 extra weeks of 
commercial fishing for snowy grouper under the revised trip limit 
increase. Given a longer fishing season and higher profit per trip, 
revenues and profits of commercial vessels that target snowy grouper 
are likely to increase.
    The following discussion analyzes the alternatives that were not 
selected as preferred by the Council. Only actions that would have 
direct economic effects on small entities merit inclusion in the 
following discussion.
    Three alternatives, including the preferred alternative (as 
described in the preamble), were considered for adjusting the ACLs. The 
first alternative, the no action alternative, would maintain the 
current (lower) commercial and recreational ACLs. This alternative 
would maintain the same economic benefits for commercial vessels but at 
levels lower than those afforded by the preferred alternative. The 
second alternative, which has three sub-alternatives, would set ACLs as 
some percentage of the ABC. The three sub-alternatives are setting the 
ACL at 95 percent, 90 percent, and 85 percent of the ABC. All three 
sub-alternatives would have lower positive effects on the profits of 
commercial vessels than the preferred alternative.
    Five alternatives, including the preferred alternative (as 
described in the preamble), were considered for modifying the 
management measures for the snowy grouper commercial sector. The first 
alternative, the no action alternative, would maintain the commercial 
trip limit of 100 lb (45 kg). Compared to the preferred alternative, 
the no action alternative would have a lower profit per trip but would 
also leave the commercial fishing season open almost year-round. Which 
of these two alternatives would result in higher annual vessel profits 
for commercial vessels cannot be ascertained. NMFS notes that, if the 
trip limit is maintained at 100 lb (45 kg), commercial vessels may not 
take full advantage of the revised ACL that would annually increase 
until at least 2019.
    The second alternative would split the snowy grouper commercial ACL 
into two quotas: 50 percent to the first period (January 1-April 30) 
and 50 percent to the second period (May 1-December 31). Any remaining 
commercial quota from the first period would carry over into the second 
period; any remaining commercial quota from the second period would not 
carry over into the next fishing year. The following three sub-
alternatives on trip limits would apply to each period: 100 lb (45 kg), 
150 lb (47.5 kg), or 200 lb (91 kg). Given the commercial ACL 
increases, commercial harvest in the first period would likely remain 
open under any of the alternative trip limits because the commercial 
quota would not be caught, but commercial harvest in the second period 
would not be open very long with the highest trip limit resulting in 
the shortest fishing season. This alternative, with the trip limit of 
200 lb (91 kg), would have the same effects on commercial vessel 
profits as the preferred alternative, because both alternatives would 
have the same trip limits and the same fishing season length. At lower 
trip limits, this alternative would allow a longer fishing season but 
also lower profit per trip than the preferred alternative. It cannot be 
determined if this alternative, with lower trip limits and a longer 
fishing season, would result in higher annual profits than the 
preferred alternative. In an effort to address the accessibility to the 
snowy grouper resource, the Council considered implementing a 
commercial split season, as in the second alternative, that would 
essentially spread out effort over time so that various fishers 
throughout the Council's area of jurisdiction would have access to the 
snowy grouper resource. The Council decided to retain the current 
commercial fishing year as the calendar year because snowy grouper are 
an important commercial species in the early part of the calendar year, 
when shallow-water groupers are closed to commercial harvest. In 
addition, snowy grouper earn higher prices during the early months of 
the year.
    The third alternative would split the snowy grouper commercial ACL 
into two quotas: 40 percent to the first period (January 1-April 30) 
and 60 percent to the second period (May 1-December 31). Any remaining 
commercial quota from the first period would carry over into the second 
period; any remaining commercial quota from the second period would not 
carry over into the next fishing year. This alternative would maintain 
the current commercial trip limit of 100 lb (45 kg), for the first 
period and establish one of the following trip limits for the second

[[Page 43038]]

period: 100 lb (45 kg), 150 lb (47.5 kg), 200 lb (91 kg), 250 lb (112.5 
kg), or 300 lb (135 kg). Under this alternative and given the ACL 
increases, commercial fishing would likely remain open throughout the 
first period but would not be open very long in the second period, with 
the highest trip limit resulting in the shortest fishing season. As 
with the second alternative, this alternative, when combined with lower 
trip limits, would provide longer fishing seasons but lower profit per 
trip than the preferred alternative. Similarly, this alternative, when 
combined with higher trip limits, would allow for a higher profit per 
trip but result in shorter fishing seasons. It cannot be determined if 
this alternative, with either lower or higher trip limits, would result 
in greater annual profits than the preferred alternative. Similar to 
the second alternative, the Council considered a split season to 
address the accessibility to the resource. For similar reasons 
mentioned above, this third alternative was not selected as the 
preferred alternative by the Council.
    The fourth alternative is similar to the preferred alternative but 
would establish a trip limit of either 300 lb (135 kg), or 150 lb (47.5 
kg). This alternative would result in a longer fishing season but a 
lower profit per trip under a trip limit of 150 lb (47.5 kg), or a 
shorter fishing season and a higher profit per trip under a trip limit 
of 300 lb (135 kg), than the preferred alternative. The differential 
impacts on the annual profits of commercial vessels between this 
alternative and the preferred alternative cannot be determined. 
However, the preferred alternative appears to provide a better balance 
between season length and profit per trip than this alternative with 
trip limits of either 150 lb (47.5 kg), or 300 lb (135 kg).
    The fifth alternative would modify the snowy grouper commercial 
trip limit to 150 lb (47.5 kg), year-round or until the commercial ACL 
is met or projected to be met, except for the period of May through 
August from Florida's Brevard/Indian River County line northward when 
the trip limit will be one of the following: 200 lb (91 kg), 250 lb 
(112.5 kg), or 300 lb (135 kg). This alternative would provide for a 
lower trip limit than the preferred alternative, except in May through 
August when an equal or higher trip limit would be allowed in certain 
areas. This alternative would likely benefit commercial vessels in 
areas north of Indian River County, Florida, more than vessels in other 
areas, at least during the period when vessels in the northern areas 
are allowed higher trip limits. Whether total profits from all vessels 
would be higher under this alternative than under the preferred 
alternative cannot be determined. Although this alternative was not 
chosen as the preferred alternative, the Council acknowledged that 
fishermen in North Carolina have historically had limited access to 
snowy grouper at the beginning of the fishing year due to generally 
poor winter weather conditions. However, some milder winters in recent 
years have benefitted fishermen through some increased access to snowy 
grouper.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all interested parties.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, South Atlantic, Snapper-Grouper, Snowy grouper.

    Dated: July 15, 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.  622.183, paragraph (b)(8) is added to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (8) Snowy grouper recreational sector closure. The recreational 
sector for snowy grouper in or from the South Atlantic EEZ is closed 
from January 1 through April 30, and September 1 through December 31, 
each year. During a closure, the bag and possession limit for snowy 
grouper in or from the South Atlantic EEZ is zero.

0
3. In Sec.  622.190, the last sentence in paragraph (a) introductory 
text and paragraph (a)(1) are revised to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * * The quotas are in gutted weight, that is eviscerated but 
otherwise whole, except for the quotas in paragraphs (a)(1), (a)(4), 
(a)(5), and (a)(6) of this section which are in both gutted weight and 
round weight.
    (1) Snowy grouper--(i) For the 2015 fishing year--115,451 lb 
(52,368 kg), gutted weight; 136,233 lb (61,794 kg), round weight.
    (ii) For the 2016 fishing year--125,760 lb (57,044 kg), gutted 
weight; 148,397 lb (67,312 kg), round weight.
    (iii) For the 2017 fishing year--135,380 lb (61,407 kg), gutted 
weight; 159,749 lb (72,461 kg), round weight.
    (iv) For the 2018 fishing year--144,315 lb (65,460 kg), gutted 
weight; 170,291 lb (77,243 kg), round weight.
    (v) For the 2019 and subsequent fishing years--153,935 lb (69,824 
kg), gutted weight; 181,644 lb (82,392 kg), round weight.
* * * * *

0
4. In Sec.  622.191, the first sentence in paragraph (a)(3) is revised 
to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (3) Snowy grouper. Until the quota specified in Sec.  622.190(a)(1) 
is reached--200 lb (91 kg), gutted weight; 236 lb (107 kg), round 
weight.* * *
* * * * *
0
5. In Sec.  622.193, paragraph (b)(2) is revised to read as follows:


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

* * * * *
    (b) * * *
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, exceed the recreational ACL specified in paragraph 
(b)(2)(ii) of this section, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. When NMFS reduces the length of the following 
recreational fishing season, the following closure provisions apply: 
The bag and possession limits for snowy grouper in or from the South 
Atlantic EEZ are zero. These bag and possession limits also apply in 
the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-

[[Page 43039]]

grouper has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters. Recreational landings will 
be evaluated relative to the ACL based on a moving multi-year average 
of landings, as described in the FMP.
    (ii) The recreational ACL for snowy grouper is 4,152 fish for 2015; 
4,483 fish for 2016; 4,819 fish for 2017, 4,983 fish for 2018; 5,315 
fish for 2019 and subsequent fishing years.
* * * * *
[FR Doc. 2015-17801 Filed 7-20-15; 8:45 am]
BILLING CODE 3510-22-P