[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48277-48279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19806]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150305220-5683-02]
RIN 0648-BE76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 22

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 Regulatory Amendment 
22 to the Fishery Management Plan for the Snapper-Grouper Fishery of 
the South Atlantic Region (FMP)(Regulatory Amendment 22), as prepared 
and submitted by the South Atlantic Fishery Management Council 
(Council). This final rule revises the annual catch limits (ACLs) for 
gag grouper (gag) and wreckfish and the directed commercial quota for 
gag, based upon revisions to the acceptable biological catch (ABC) and 
the optimum yield (OY) for gag and wreckfish. The purpose of this final 
rule is to help achieve OY and prevent overfishing of gag and wreckfish 
in the South Atlantic region while minimizing, to the extent 
practicable, adverse social and economic effects to the snapper-grouper 
fishery.

DATES: This rule is effective September 11, 2015, except for the 
amendments to Sec. Sec.  622.190(b) and 622.193(r)(1) which are 
effective August 12, 2015.

ADDRESSES: Electronic copies of Regulatory Amendment 22, which includes 
an environmental assessment, 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/2015/reg_am22/index.html.

FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: Gag and wreckfish are in the snapper-grouper 
fishery and are 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 June 4, 2015, NMFS published a proposed rule for Regulatory 
Amendment 22 and requested public comment through July 6, 2015 (80 FR 
31880). The proposed rule and Regulatory Amendment 22 set forth the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by Regulatory Amendment 22 and this final rule 
is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs and 
directed commercial quotas for gag for the 2015 through the 2019 
fishing years and subsequent fishing years, and revises the commercial 
and recreational ACLs for wreckfish for the 2015 through the 2020 
fishing years and subsequent fishing years.

Comments and Responses

    NMFS received a total of six unique comment submissions (some 
containing several comments) from three individuals, two fishing 
associations, and one Federal agency on Regulatory Amendment 22 and the 
proposed rule. Two comments were supportive of the actions contained in 
the regulatory amendment and proposed rule, one comment stated the 
commenter had no comments, and three of the comments expressed concerns 
regarding red snapper regulations, venting fish, fishery closures, 
sector allocations, tag programs, reporting requirements, and changing 
the Marine Recreational Information Program on accuracy and 
reliability; NMFS determined these comments were beyond the scope of 
the proposed rule and, therefore, they have not been addressed in this 
final rule. A summary of the comments relevant to Regulatory Amendment 
22 and the proposed rule and NMFS's responses are included below.
    Comment 1: One commenter questioned whether the 2012, 2013, and 
2014 catch years were included in the gag stock assessment, and asked 
why the recreational ACL will be lowered when the recreational sector 
caught only a percentage of the recreational ACL during those 3 years.
    Response: The stock assessment for gag was initially conducted in 
2006 and then updated in 2014 using data through 2012, and the 
recreational ACL is changing because of that stock assessment. Based on 
that stock assessment, the Council's Scientific and Statistical 
Committee (SSC) recommended new ABC levels for gag. This final rule 
sets the total ACL equal to 95 percent of the SSC's recommended

[[Page 48278]]

ABC. The ABC and total ACL for gag will initially decrease from 2014 
levels but will gradually increase after 2015 as the biomass increases, 
and will exceed 2014 levels in 2018. The sector allocations of 51 
percent commercial and 49 percent recreational that were established in 
Amendment 16 to the FMP (74 FR 30964, June 29, 2009) are applied to the 
total ACL to determine each sector's ACL. Thus, the recreational ACL is 
decreased because the ABC and total ACL are decreased. NMFS determined 
that Regulatory Amendment 22 is based on the best scientific 
information available.

Classification

    The NMFS Regional Administrator, Southeast Region, has determined 
that this final rule is necessary for the conservation and management 
of South Atlantic gag and wreckfish and is consistent with Regulatory 
Amendment 22, 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 Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. No changes to the 
final rule were made in response to public comments. As a result, a 
final regulatory flexibility analysis was not required and none was 
prepared.
    The NOAA Assistant Administrator for Fisheries (AA) finds good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness for the commercial ACLs (commercial quotas) for wreckfish 
contained at Sec. Sec.  622.190(b) and 622.193(r)(1) in this final 
rule. The final rule increases the commercial ACLs for wreckfish in the 
South Atlantic exclusive economic zone (EEZ) to help achieve OY and 
prevent overfishing of wreckfish, while minimizing adverse social and 
economic effects on wreckfish. Implementing these increased commercial 
ACLs immediately provides timely opportunity for commercial wreckfish 
fishermen to achieve OY for the fishery, thereby helping to achieve the 
intent of this final rule.
    In addition, eliminating the 30-day delay in effectiveness will 
allow fishermen to access wreckfish during the summer when weather and 
sea conditions are most favorable for harvest. Wreckfish are taken far 
offshore and in deep water. Therefore, to enhance safety-at-sea, 
implementing the opportunity for commercial wreckfish fishermen to 
continue fishing right away would mean that fishermen will not need to 
fish later in the fishing year when weather can be poor, which is more 
likely to happen if these ACLs are implemented with a 30-day delay in 
effectiveness.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Fisheries, Fishing, Gag, Quotas, South 
Atlantic, Wreckfish.

    Dated: August 7, 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.  622.190, the last sentence in the introductory text of 
paragraph (a), and paragraphs (a)(7) and (b), 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)(4) through (7) 
of this section which are in both gutted weight and round weight.
* * * * *
    (7) Gag--(i) For the 2015 fishing year--295,459 lb (134,018 kg), 
gutted weight; 348,642 lb (158,141 kg), round weight.
    (ii) For the 2016 fishing year--297,882 lb (135,117 kg), gutted 
weight; 351,501 (159,438 kg), round weight.
    (iii) For the 2017 fishing year--318,231 lb (144,347 kg), gutted 
weight; 375,513 lb (170,330 kg), round weight.
    (iv) For the 2018 fishing year--335,188 lb (152,039 kg), gutted 
weight; 395,522 lb (179,406 kg), round weight.
    (v) For the 2019 and subsequent fishing years--347,301 lb (157,533 
kg), gutted weight; 409,816 lb (185,889 kg), round weight.
* * * * *
    (b) Wreckfish. (1) The quotas for wreckfish apply to wreckfish 
shareholders, or their employees, contractors, or agents. The quotas 
are given round weight. See Sec.  622.172 for information on the 
wreckfish shareholder under the ITQ system.
    (i) For the 2015 fishing year--411,350 lb (186,585 kg).
    (ii) For the 2016 fishing year--402,515 (182,578 kg).
    (iii) For the 2017 fishing year--393,490 lb (178,484 kg).
    (iv) For the 2018 fishing year--385,985 lb (175,080 kg).
    (v) For the 2019 fishing year--376,960 lb (170,986 kg).
    (vi) For the 2020 and subsequent fishing years--369,645 lb (167,668 
kg).
    (2) [Reserved]
* * * * *

0
3. In Sec.  622.193, paragraphs (c) and (r) are revised to read as 
follows:


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

* * * * *
    (c) Gag--(1) Commercial sector. If commercial landings, as 
estimated by the SRD, reach or are projected to reach the applicable 
directed commercial quota, specified in Sec.  622.190(a)(7), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for gag for the remainder of the fishing 
year. The commercial ACL for gag is 322,677 lb (146,364 kg), gutted 
weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb 
(147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for 
2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg), 
round weight, for 2017; 362,406 lb (164,385 kg), gutted weight, 427,639 
lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg), 
gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and 
subsequent fishing years.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the applicable recreational 
ACL, specified in paragraph (c)(2)(iv) of this section, and gag are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register to close the gag recreational sector for the remainder 
of the fishing year. On and after the effective date of such 
notification, the bag and possession limits for gag in or from the 
South Atlantic EEZ are zero.

[[Page 48279]]

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-grouper has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters.
    (ii) Without regard to overfished status, if gag recreational 
landings exceed the recreational ACL, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the recreational ACL for that 
fishing year by the amount of the overage.
    (iii) Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (iv) The recreational ACL for gag is 310,023 lb (148,025 kg), 
gutted weight, 365,827 (165,936 kg), round weight, for 2015; 312,351 lb 
(149,137 kg), gutted weight, 368,574 lb (175,981 kg), round weight, for 
2016; 331,902 lb (158,472 kg), gutted weight, 391,644 lb (186,997 kg), 
round weight, for 2017; 348,194 lb (166,251 kg), gutted weight, 410,869 
lb (196,176 kg), round weight, for 2018; and 359,832 lb (171,807 kg), 
gutted weight, 424,602 lb (202,733 kg), round weight, for 2019 and 
subsequent fishing years.
* * * * *
    (r) Wreckfish--(1) Commercial sector. The ITQ program for wreckfish 
in the South Atlantic serves as the accountability measure for 
commercial wreckfish. The commercial ACL for wreckfish is equal to the 
applicable commercial quota specified in Sec.  622.190(b).
    (2) Recreational sector. (i) If recreational landings for 
wreckfish, as estimated by the SRD, exceed the recreational ACL 
specified in paragraph (r)(2)(ii) of this section, 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. However, the length of 
the recreational season will also 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.
    (ii) The recreational ACL for wreckfish is 21,650 (9,820 kg), round 
weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016; 20,710 
lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg), round 
weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; and 
19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing 
years.
* * * * *
[FR Doc. 2015-19806 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-22-P