[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Rules and Regulations]
[Pages 32249-32255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12077]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150303208-6394-02]
RIN 0648-BE70


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 35

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 Amendment 35 to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP) (Amendment 35), as prepared and submitted by the 
South Atlantic Fishery Management Council (Council). Amendment 35 and 
this final rule removes black snapper, mahogany snapper, dog snapper, 
and schoolmaster from the FMP and the regulations, and revises 
regulations regarding the golden tilefish longline endorsement program. 
The purpose of this final rule is to ensure that only snapper-grouper 
species requiring Federal management are included in the Snapper-
Grouper FMP, improve the consistency of management of snapper-grouper 
species in waters off south Florida across state and Federal 
jurisdictional boundaries, and to align regulations for golden tilefish 
longline endorsements with the Council's original intent for 
establishing the longline endorsement program.

DATES: This final rule is effective June 22, 2016.

ADDRESSES: Electronic copies of Amendment 35 may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. 
Amendment 35 includes a draft environmental assessment, a Regulatory 
Flexibility Act (RFA) analysis, a regulatory impact review, and a 
Fishery Impact Statement.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the FMP, and includes black snapper, mahogany 
snapper, dog snapper, schoolmaster, and golden tilefish. 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 February 5, 2016, NMFS published a notice of availability for 
Amendment 35 and requested public comment (81 FR 6222). On March 4, 
2016, NMFS published a proposed rule for Amendment 35 and requested 
public comment (81 FR 11502). The Secretary

[[Page 32250]]

of Commerce approved Amendment 35 on May 4, 2016. The proposed rule and 
Amendment 35 outline the rationale for the actions contained in this 
final rule. A summary of the actions implemented by Amendment 35 and 
this final rule is provided below.

Management Measures Contained in This Final Rule

    Amendment 35 and this final rule removes black snapper, mahogany 
snapper, dog snapper, and schoolmaster from the FMP and the 
regulations, and revises the golden tilefish longline endorsement 
regulations to be consistent with the Council's original intent for 
establishing the longline endorsement program.

Remove Four Species From the FMP

    The Council determined in Amendment 35 that black snapper, mahogany 
snapper, dog snapper, and schoolmaster should be removed from the FMP, 
to ensure that only species requiring Federal management are included 
in the FMP. While these species are currently in the FMP, they have 
extremely low commercial landings in state and Federal waters, and 
almost all harvest (recreational and commercial) occurs in waters off 
the coast of South Florida. Currently, NMFS does not manage these 
species in Federal waters of the Gulf of Mexico (Gulf); however, the 
species are subject to regulations in Florida state waters. As 
described in Amendment 35, there are currently different regulations 
for recreational bag limits, size limits, and catch levels for these 
species in South Atlantic Federal waters and Florida state waters. 
Inconsistent regulations make enforcement difficult and can be 
confusing to the public. Amendment 35 and this final rule removes black 
snapper, mahogany snapper, dog snapper, and schoolmaster from the FMP 
and the regulations and NMFS will not manage these species in Federal 
waters of the South Atlantic. At its April 2016 meeting, the Florida 
Fish and Wildlife Conservation Commission approved extending state 
regulation of these species into Federal waters off Florida for 
Florida-state registered fishing vessels, consistent with section 
306(a)(3)(A) of the Magnuson-Stevens Act, to provide consistent 
regulations for these species across state and Federal jurisdictional 
boundaries.
    Black snapper is part of the deep-water complex within the FMP. The 
deep-water complex currently includes black snapper, yellowedge 
grouper, silk snapper, misty grouper, queen snapper, sand tilefish, and 
blackfin snapper. With black snapper removed from the FMP, the annual 
catch limit (ACL) for the deep-water complex is reduced from 170,278 lb 
(77,237 kg), round weight, to 169,896 lb (77,063 kg), round weight, a 
difference of 382 lb (173 kg), round weight.
    Dog snapper and mahogany snapper are part of the other snappers 
complex within the FMP. The other snappers complex currently includes 
cubera snapper, gray snapper, lane snapper, dog snapper, and mahogany 
snapper. Removal of dog snapper and mahogany snapper from the FMP 
reduces the other snappers complex ACL from 1,517,716 lb (688,424 kg), 
round weight, to 1,513,883 lb (686,688 kg), round weight, a difference 
of 3,833 lb (1,739 kg), round weight.
    Schoolmaster is currently designated as an ecosystem component (EC) 
species in the FMP. The Council chose not to retain dog snapper, 
mahogany snapper, and black snapper in the FMP as EC species because 
the objective of the amendment is to establish a consistent regulatory 
environment across jurisdictional boundaries in Gulf and South Atlantic 
Federal waters and Florida state waters. Because NMFS does not manage 
these species in Gulf Federal waters, the Council determined that 
retaining them as EC species would continue inconsistent regulations 
across jurisdictional boundaries. Additionally, if these species were 
designated as EC species, the state of Florida would not be able to 
extend their management authority for these species into Federal 
waters, because states may not generally manage species in Federal 
waters if those species are included in Federal fishery management 
plans, as per section 306(a)(3)(A) of the Magnuson-Stevens Act.
    Removing these species from the FMP and the regulations is not 
expected to result in any adverse biological effects.

Clarify Regulations for Golden Tilefish Endorsement Holders

    The final rule to implement Amendment 18B to the FMP (78 FR 23858, 
April 23, 2013) established a longline endorsement program for the 
commercial golden tilefish component of the snapper-grouper fishery. A 
longline endorsement is required to fish for golden tilefish with 
longline gear. Amendment 18B also established a golden tilefish hook-
and-line quota and modified the golden tilefish commercial trip limits. 
The Council established the longline endorsement program and gear 
specific commercial quotas to help ensure that fishermen fishing with 
each gear type have a fair and equitable allocation of the commercial 
quota. The Council did not intend for longline endorsement holders to 
fish on the hook-and-line quota, or for non-endorsement holders to fish 
on the longline quota.
    The Council and NMFS are aware that since Amendment 18B was 
implemented, some longline endorsement holders are transferring their 
golden tilefish longline endorsement to another vessel and then fishing 
for golden tilefish using hook-and-line gear under the hook-and-line 
quota. Other endorsement holders are renewing their Federal commercial 
snapper-grouper vessel permit but are waiting to renew their golden 
tilefish longline endorsement, so that they are able to fish for golden 
tilefish using hook-and-line gear under the hook-and-line quota while 
their longline endorsement is not valid. Neither scenario is consistent 
with the original intent of the Council in Amendment 18B. The Council 
decided to clarify their intent for golden tilefish longline 
endorsement holders in Amendment 35. Currently, as described at Sec.  
622.191(a)(2)(ii), the regulations state that ``Vessels with a golden 
tilefish longline endorsement are not eligible to fish for golden 
tilefish using hook-and-line gear under this 500-lb (227-kg), gutted 
weight, trip limit.'' This final rule revises the regulations to state 
that ``Vessels that have valid or renewable golden tilefish longline 
endorsements anytime during the fishing year, are not eligible to fish 
for golden tilefish using hook-and-line gear under this 500-lb (227-
kg), gutted weight, trip limit.'' Thus, a fisherman who owns a vessel 
with a valid or renewable golden tilefish longline endorsement would 
not be eligible to fish for golden tilefish using hook-and-line gear 
under the 500-lb (227-kg), gutted weight, hook-and-line trip limit 
during that fishing year.

Additional Change to Codified Text

    In the part 622 regulations, NMFS would revise ``allowable 
biological catch'' to read ``acceptable biological catch'' wherever it 
occurs. In the part 600 regulations, ``ABC'' is defined as ``acceptable 
biological catch;'' however, in the part 622 regulations, ``ABC'' is 
defined as ``acceptable biological catch'' in three places and 
``allowable biological catch'' in four places. NMFS has determined that 
``acceptable biological catch'' is the more precise definition for 
``ABC''. Therefore, to be consistent with the part 600 regulations and 
to use the more precise terminology, NMFS changes the definition of 
``ABC'' to ``acceptable biological catch,'' and accordingly revise 
``allowable biological catch,''

[[Page 32251]]

wherever it occurs in the part 622 regulations.

Comments and Responses

    A total of 11 comments were received on the proposed rule and 
Amendment 35 from individuals, a recreational fishing organization, the 
state of Florida, and a Federal agency. One individual and the state of 
Florida supported the removal of the four species from the Snapper-
Grouper FMP. Two comments were not related to the actions in the 
Amendment 35. The Federal agency stated that it had no comment on the 
proposed rule or Amendment 35. The remaining comments that specifically 
relate to the actions contained in the amendment and the rule as well 
as NMFS' respective responses, are summarized below.
    Comment 1: NMFS should wait for stock assessments for black 
snapper, mahogany snapper, dog snapper, and schoolmaster, before 
removing these species from the FMP.
    Response: NMFS disagrees that it is necessary to complete stock 
assessments before removing these species from the FMP. Although a 
stock assessment has not been performed for any of these species, there 
is no indication that these stocks are depleted. Black snapper, 
mahogany snapper, dog snapper, and schoolmaster are currently in the 
FMP, but have extremely low landings in state and Federal waters, and 
almost all harvest (recreational and commercial) occurs in waters off 
south Florida. While NMFS does not manage these species in the Federal 
waters of the Gulf, these species are subject to regulations in Florida 
state waters in both the Gulf and South Atlantic. Further, as 
anticipated in Amendment 35 and the state of Florida's comment on the 
proposed rule, the Florida Fish and Wildlife Conservation Commission 
has approved extending state regulations for these species for Florida-
state registered vessels into Federal waters of the South Atlantic and 
Gulf off Florida. Based on these factors, the Council and NMFS 
determined that removing these species from the FMP is not expected to 
result in any adverse biological effects. Further, the Council has the 
ability to add these species back into the FMP at any time, if such an 
action is warranted in the future.
    Comment 2: NMFS should allow a fisher to continue fishing for 
golden tilefish using hook-and-line gear once the commercial quota for 
the longline gear component is met, because the golden tilefish portion 
of the snapper-grouper fishery has separate commercial quotas for both 
hook-and-line and longline gear. It is discriminatory and unfair not to 
allow fishers with longline endorsements to fish under the hook-and-
line quota.
    Response: NMFS disagrees. Amendment 35 clarifies the intent of the 
Council in Amendment 18B to the FMP (78 FR 23858, April 23, 2013), 
which established a golden tilefish longline endorsement program. 
Amendment 18B also established golden tilefish commercial quotas for 
both the hook-and-line and longline components and revised the golden 
tilefish commercial trip limits. As explained in Amendment 35, the 
golden tilefish longline endorsement, separate quotas by gear type, and 
trip limits, were established because the golden tilefish commercial 
ACL was being harvested so rapidly by fishermen using longline gear, 
that fishermen who had historically used hook-and-line gear to target 
golden tilefish were not able to participate in the golden tilefish 
portion of the snapper-grouper fishery as a result of the commercial 
ACL being met early in the fishing year through primarily longline 
effort. The Council established the longline endorsement program and 
gear-specific commercial quotas to help ensure that fishermen using 
each gear type have a fair and equitable allocation of the commercial 
quota. In Amendment 18B, the Council determined that allocating 75 
percent of the overall commercial ACL to longline gear (endorsement 
holders) and 25 percent of the commercial ACL to hook-and-line gear 
resulted in a fair and equitable distribution of the golden tilefish 
resource in the South Atlantic. The separate quota for longline gear is 
greater than the quota for hook-and-line gear because longline gear can 
harvest more fish than hook-and-line gear can per commercial trip. When 
establishing gear-specific quotas, the Council never intended for 
longline endorsement holders to harvest golden tilefish under the hook-
and-line quota, or for non-endorsement holders (hook-and-line) to fish 
under the longline quota.
    However, the Council and NMFS are aware that since Amendment 18B 
was implemented, some longline endorsement holders have been 
transferring their golden tilefish longline endorsement to another 
vessel and then fishing for golden tilefish using hook-and-line gear 
under the hook-and-line quota. Other endorsement holders are renewing 
their Federal commercial snapper-grouper vessel permit but are waiting 
to renew their golden tilefish longline endorsement, thereby fishing 
for golden tilefish using hook-and-line gear under the hook-and-line 
quota while their longline endorsement is not valid. Neither scenario 
is consistent with the original intent of the Council in Amendment 18B. 
Through Amendment 35, the Council clarified and reaffirmed their intent 
for the golden tilefish longline endorsement program in the snapper-
grouper fishery, to ensure that fishermen using both gear types can 
participate in harvesting the golden tilefish resource.
    Comment 3: Revision of the golden tilefish longline endorsement 
regulations will create an economic hardship for the current 22 golden 
tilefish longline endorsement holders.
    Response: NMFS acknowledges that there may be potential negative 
economic effects to the 22 longline endorsement holders, as further 
discussed in the Classification section to this final rule. The Council 
considered these effects in Amendment 18B and Amendment 35, and NMFS 
has determined that the actions in Amendment 35 are consistent with the 
National Standards in the Magnuson-Stevens Act. In Amendment 18B, the 
Council considered the negative effects to longline vessels resulting 
from the allocation of the golden tilefish commercial ACL between 
longline endorsement holders and those without longline endorsements. 
Since the implementation of Amendment 18B, and contrary to the original 
intent of the Council, some longline endorsement holders have received 
economic benefits by harvesting golden tilefish under the hook-and-line 
quota, in addition to harvesting under the longline quota. Amendment 35 
and this final rule will remove these unanticipated economic benefits.
    If a commercial fishermen with a longline endorsement wishes to 
continue fishing for golden tilefish under the hook-and-line commercial 
trip limit during a specific fishing year after the effective date of 
this final rule, they would need to do so on a different vessel with a 
different commercial snapper-grouper permit. This is consistent with 
the Council's original intent in Amendment 18B, which was reaffirmed by 
the Council in Amendment 35. NMFS notes that it would likely not be 
economically feasible to purchase a new vessel and permit for the sole 
purpose of harvesting golden tilefish under the hook-and-line trip 
limit; however, NMFS assumes commercial fishers will only purchase new 
assets if they expect to result in a profit. Therefore, the negative 
economic effects of this final rule are limited in scope to a potential 
reduction in golden tilefish revenue for the 22 longline endorsement 
holders, most of whom did not harvest golden tilefish under both

[[Page 32252]]

the longline and hook-and-line quotas on a single vessel in 2014.
    Comment 4: Changing the golden tilefish endorsement regulations 
will limit the availability of golden tilefish. It is important to have 
golden tilefish available to local restaurants and seafood dealers 
during the January through March grouper spawning season closure.
    Response: If the harvest of golden tilefish is closed to longline 
endorsement holders during a fishing year as a result of reaching the 
longline quota, golden tilefish could still be available to seafood 
restaurants and dealers through fishers who harvest golden tilefish 
under the hook-and-line quota. Furthermore, during the January through 
March spawning season closure that is in place for most grouper 
species, other species such as blueline tilefish, snowy grouper, black 
sea bass, greater amberjack, and vermilion snapper could still be 
available to seafood restaurants and dealers when the longline quota 
for golden tilefish had been met.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is consistent with Amendment 35, the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    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. The proposed rule and the preamble to this final rule provide a 
statement of the need for and objectives of 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 
follows.
    Public comments relating to socio-economic implications and 
potential impacts on small businesses are addressed in the responses to 
comments 2, 3, and 4 in the Comments and Responses section of this 
final rule. No changes to this final rule were made in response to 
public comments. No comments were received from the Office of Advocacy 
for the Small Business Administration.
    NMFS agrees that the Council's choice of preferred alternatives 
will best achieve the Council's objectives for Amendment 35 while 
minimizing, to the extent practicable, the adverse effects on fishers, 
support industries, and associated communities.
    This final rule will directly affect all commercial vessels that 
harvest black snapper, dog snapper, mahogany snapper, schoolmaster and/
or golden tilefish under the FMP. The removal of the four snapper-
grouper species discussed in this final rule will not directly apply to 
or affect charter vessel and headboat (for-hire) businesses. Any impact 
to the profitability or competitiveness of for-hire fishing businesses 
will be the result of changes in for-hire angler demand and will 
therefore be indirect in nature. Currently, federally permitted charter 
and headboat captains and crew can retain black snapper, dog snapper, 
mahogany snapper, schoolmaster and golden tilefish under the 
recreational bag limit; however, they cannot sell these fish. As such, 
charter and headboat captains and crew will only be affected as 
recreational anglers. The RFA does not consider recreational anglers, 
who will be directly affected by this final rule, to be small entities, 
so they are outside the scope of this analysis and only the effects on 
commercial vessels were analyzed.
    As of April 27, 2016, there were 553 vessels with valid or 
renewable Federal South Atlantic snapper-grouper unlimited permits, 116 
vessels with valid or renewable 225-lb (102-kg) trip-limited permits 
and 22 vessels with valid or renewable longline endorsements for golden 
tilefish. Data from the years of 2009 through 2013, supplemented by 
partial 2014 data, were used in Amendment 35, as well as the initial 
regulatory flexibility analysis (IRFA), and this data provided the 
basis for the Council's decision. Although all commercial snapper-
grouper permit holders have the opportunity to fish for black snapper, 
dog snapper, mahogany snapper, and/or schoolmaster, on average, there 
were only four federally permitted vessels identified from 2009 through 
2013 that commercially landed one or more of these species each year. 
The average annual vessel-level revenue for all species harvested by 
these four vessels over this period was approximately $101,000 (2013 
dollars), of which $32 was from black snapper, dog snapper, mahogany 
snapper, and/or schoolmaster. During the same time period, on average, 
22 vessels per year commercially harvested golden tilefish using 
longline gear and their annual average vessel-level revenue for all 
species was approximately $95,000 (2013 dollars), of which $55,000 was 
from golden tilefish. Thirty-seven vessels, on average (2009 through 
2013), commercially harvested golden tilefish exclusively with non-
longline gear and they earned an average of approximately $46,000 (2013 
dollars) per vessel for all species harvested, of which $2,000 was from 
golden tilefish.
    No other small entities that will be directly affected by this 
final rule have been identified.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S., including 
commercial finfish harvesters (NAICS code 114111). A business primarily 
involved in finfish 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 has combined annual receipts 
not in excess of $20.5 million for all its affiliated operations 
worldwide. All of the vessels directly regulated by this final rule are 
believed to be small entities based on the SBA size criteria.
    There are currently 669 vessels eligible to fish for the snapper-
grouper species managed under the FMP. Based on the analysis included 
in the IRFA, NMFS expects only 63 of them will be affected by this 
final rule (approximately 9 percent). Because all of these commercial 
fishing businesses are believed to be small entities, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    Amendment 35 and this final rule remove black snapper, dog snapper, 
mahogany snapper, and schoolmaster from the FMP and the regulations. 
The state of Florida will subsequently extend its management of these 
species into Federal waters off Florida, for Florida-state registered 
vessels. Average revenues per vessel from 2009 through 2013 for these 
four snapper-grouper species accounted for less than 1 percent of 
average total revenues received by the vessels that commercially 
harvested these species. Almost all harvest (recreational and 
commercial) of these species occurs in state and Federal waters off the 
coast of south Florida. The level of harvest of these species is not 
expected to change under management by the state of Florida, thus no 
reduction in associated ex-vessel revenue or profit is expected from 
this final rule.
    This final rule will also modify the golden tilefish longline 
endorsement regulations. Vessels that have Federal commercial snapper-
grouper permits with golden tilefish longline endorsements, 
specifically those that harvest golden tilefish using both longline and 
hook-and-line gear, are expected to be negatively affected by this 
action because they will no longer

[[Page 32253]]

be able to harvest golden tilefish using hook-and-line gear under the 
hook-and-line commercial quota. This will result in reduced revenues if 
they are unable to substitute the harvest of other species. A total of 
four vessels were identified in 2014 that had a valid or renewable 
golden tilefish longline endorsement during some part of the year and 
also harvested golden tilefish under the hook-and-line 500-lb (227-kg) 
commercial trip limit. On average, these four vessels earned an 
estimated $8,142 (2013 dollars) per vessel from golden tilefish 
landings using hook-and-line gear in 2014. This accounts for 
approximately 9.2 percent of their average total revenue per vessel 
(2009 through 2013). Therefore, assuming no substitution of other 
species and constant prices, this final rule is expected to result in 
an estimated recurring annual loss of $8,142 (2013 dollars) per vessel 
for the four vessels that harvested golden tilefish using both longline 
and hook-and-line gear. Conversely, vessels that do not have longline 
endorsements are expected to indirectly benefit from this final rule, 
because they will no longer have to compete with longline endorsement 
holders under the hook-and-line quota. On average, the 37 non-longline 
endorsement holders identified earlier in this analysis are expected to 
experience an annual per-vessel increase in revenue of approximately 
$880 (2013 dollars) or less than 2 percent of their annual average 
vessel-level revenue.
    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.
    Five alternatives were considered to remove species from the FMP. 
The first alternative, the no action alternative, would retain all 
current species in the FMP and would not be expected to have any 
economic effects. Under the no action alternative, species that do not 
require Federal management would remain in the FMP and potential cost 
savings and/or efficiency gains of management would go unrealized. All 
of the other alternatives were selected as preferred and will result in 
the removal of black snapper, dog snapper, mahogany snapper, and 
schoolmaster from Federal management.
    Three alternatives, including the preferred alternative, were 
considered for modifying the golden tilefish endorsement regulations. 
The first alternative, the no action alternative, would not be expected 
to have any economic effects. The current golden tilefish endorsement 
regulations are, however, contrary to the original intent of the 
Council and unintentionally limit golden tilefish harvest opportunities 
and economic benefits for hook-and-line fishermen. The second 
alternative would revise the golden tilefish endorsement regulations so 
that any vessel with a valid or renewable Federal longline endorsement 
would not be permitted to harvest golden tilefish under the hook-and-
line quota. Under the second alternative, longline endorsement holders 
that operate more than one vessel (with a Federal snapper-grouper 
vessel permit) would be able to transfer their golden tilefish longline 
endorsement to a different vessel and then continue to fish for golden 
tilefish under the hook-and-line quota in a single year. Only one 
vessel exhibited this behavior in 2014. Under the second alternative, 
the negative economic effects on the longline endorsement holders would 
be less than that expected through this final rule, as would the 
positive effects experienced by the hook-and-line component of the 
commercial sector. However, this alternative would be inconsistent with 
the original Council intent of establishing the longline endorsement in 
Amendment 18B, which was that vessels with a golden tile longline 
endorsement would not be eligible to fish for golden tilefish under the 
hook-and-line gear quota.
    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.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this 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

    Acceptable biological catch, Annual catch limit, Commercial trip 
limit, Fisheries, Fishing, Quotas, Snapper-grouper, South Atlantic, 
Species table.

    Dated: May 18, 2016.
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 part 622, remove ``allowable biological catch'' and add in its 
place ``acceptable biological catch'' wherever it occurs.

0
3. In Sec.  622.185, paragraph (a)(3) is revised to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (a) * * *
    (3) Blackfin, cubera, gray, queen, silk, and yellowtail snappers--
12 inches (30.5 cm), TL.
* * * * *

0
4. In Sec.  622.191, the second sentence in paragraph (a)(2)(ii) is 
revised to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (2) * * *
    (ii) * * * Vessels that have valid or renewable golden tilefish 
longline endorsements any time during the fishing year, are not 
eligible to fish for golden tilefish using hook-and-line gear under 
this 500-lb (227-kg), gutted weight, trip limit.
* * * * *

0
5. In Sec.  622.193, paragraphs (h) and (p) are revised to read as 
follows:


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

* * * * *
    (h) Deep-water complex (including yellowedge grouper, silk snapper, 
misty grouper, queen snapper, sand tilefish, and blackfin snapper)--(1) 
Commercial sector--(i) If commercial landings for the deep-water 
complex, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 131,268 lb (59,542 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. On and 
after the effective date of such a notification, all sale or purchase 
of deep-water complex species is

[[Page 32254]]

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 commercial landings exceed the ACL, and the combined 
commercial and recreational ACL of 169,896 lb (77,064 kg), round 
weight, is exceeded, and at least one of the species in the deep-water 
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 commercial ACL for that following 
year by the amount of the commercial ACL overage in the prior fishing 
year.
    (2) Recreational sector. (i) If recreational landings for the deep-
water complex, as estimated by the SRD, are projected to reach the 
recreational ACL of 38,628 lb (17,521 kg), round weight, the AA will 
file a notification with the Office of the Federal Register to close 
the recreational sector for the remainder of the fishing year, unless 
the RA determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits are zero.
    (ii) If recreational landings for the deep-water complex, exceed 
the applicable recreational ACL, and the combined commercial and 
recreational ACL of 169,896 lb (77,064 kg), round weight, is exceeded, 
and at least one of the species in the deep-water 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, to reduce the length of the recreational fishing 
season in the following fishing year to ensure recreational landings do 
not exceed the recreational ACL the following fishing year. When NMFS 
reduces the length of the following recreational fishing season and 
closes the recreational sector, the following closure provisions apply: 
The bag and possession limits for the deep-water complex in or from the 
South Atlantic EEZ are zero. Additionally, the recreational ACL will be 
reduced by the amount of the recreational ACL overage in the prior 
fishing year. The fishing season and recreational ACL will not be 
reduced if the RA determines, using the best scientific information 
available that no reduction is necessary.
* * * * *
    (p) Other snappers complex (including cubera snapper, gray snapper, 
and lane snapper)--(1) Commercial sector--(i) If commercial landings 
for the other snappers complex, as estimated by the SRD, reach or are 
projected to reach the complex commercial ACL of 344,575 lb (156,297 
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 cubera snapper, gray 
snapper, and lane snapper is prohibited, and harvest or possession of 
any 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 commercial landings for the other snappers complex, as 
estimated by the SRD, exceed the commercial ACL, and the combined 
commercial and recreational ACL of 1,513,883 lb (686,686 kg), round 
weight, is exceeded, and at least one of the species in the other 
snappers 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 to reduce the commercial ACL for that 
following year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector--(i) If recreational landings for the other 
snappers complex, as estimated by the SRD, reach or are projected to 
reach the recreational ACL of 1,169,308 lb (530,391 kg), round weight, 
the AA will file a notification with the Office of the Federal Register 
to close the recreational sector for the remainder of the fishing year 
regardless if any stock in the other snappers complex is overfished, 
unless NMFS determines that no closure is necessary based on the best 
scientific information available. On and after the effective date of 
such a notification, the bag and possession limits for any species in 
the other snappers complex in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings for the other snappers complex, as 
estimated by the SRD, exceed the recreational ACL, 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 recreational fishing season and the recreational ACL by 
the amount of the recreational ACL overage, if at least one of the 
species in the other snappers complex is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, and the combined 
commercial and recreational ACL of 1,513,883 lb (686,686 kg), round 
weight, is exceeded during the same fishing year. NMFS will use the 
best scientific information available to determine if reducing the 
length of the recreational fishing season and recreational ACL is 
necessary. When the recreational sector is closed as a result of NMFS 
reducing the length of the recreational fishing season and the ACL, the 
bag and possession limits for any species in the other snappers complex 
in or from the South Atlantic EEZ are zero.
* * * * *

0
6. In Appendix A to part 622, Table 4 is revised to read as follows:

Appendix A to Part 622--Species Tables

* * * * *

    Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Balistidae--Triggerfishes
  Gray triggerfish, Balistes capriscus
Carangidae--Jacks
  Bar jack, Caranx ruber
  Greater amberjack, Seriola dumerili
  Lesser amberjack, Seriola fasciata
  Almaco jack, Seriola rivoliana
  Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
  Spadefish, Chaetodipterus faber
Haemulidae--Grunts
  Margate, Haemulon album
  Tomtate, Haemulon aurolineatum
  Sailor's choice, Haemulon parrai
  White grunt, Haemulon plumieri
Labridae--Wrasses
  Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
  Queen snapper, Etelis oculatus
  Mutton snapper, Lutjanus analis
  Blackfin snapper, Lutjanus buccanella
  Red snapper, Lutjanus campechanus
  Cubera snapper, Lutjanus cyanopterus
  Gray snapper, Lutjanus griseus
  Lane snapper, Lutjanus synagris
  Silk snapper, Lutjanus vivanus
  Yellowtail snapper, Ocyurus chrysurus
  Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
  Blueline tilefish, Caulolatilus microps

[[Page 32255]]

 
  Golden tilefish, Lopholatilus chamaeleonticeps
  Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
  Wreckfish, Polyprion americanus
Serranidae--Groupers
  Rock hind, Epinephelus adscensionis
  Graysby, Epinephelus cruentatus
  Speckled hind, Epinephelus drummondhayi
  Yellowedge grouper, Epinephelus flavolimbatus
  Coney, Epinephelus fulvus
  Red hind, Epinephelus guttatus
  Goliath grouper, Epinephelus itajara
  Red grouper, Epinephelus morio
  Misty grouper, Epinephelus mystacinus
  Warsaw grouper, Epinephelus nigritus
  Snowy grouper, Epinephelus niveatus
  Nassau grouper, Epinephelus striatus
  Black grouper, Mycteroperca bonaci
  Yellowmouth grouper, Mycteroperca interstitialis
  Gag, Mycteroperca microlepis
  Scamp, Mycteroperca phenax
  Yellowfin grouper, Mycteroperca venenosa
Serranidae--Sea Basses:
  Black sea bass, Centropristis striata
Sparidae--Porgies
  Jolthead porgy, Calamus bajonado
  Saucereye porgy, Calamus calamus
  Whitebone porgy, Calamus leucosteus
  Knobbed porgy, Calamus nodosus
  Red porgy, Pagrus pagrus
  Scup, Stenotomus chrysops
 
The following species are designated as ecosystem component species:
 
  Cottonwick, Haemulon melanurum
  Bank sea bass, Centropristis ocyurus
  Rock sea bass, Centropristis philadelphica
  Longspine porgy, Stenotomus caprinus
  Ocean triggerfish, Canthidermis sufflamen
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-12077 Filed 5-20-16; 8:45 am]
 BILLING CODE 3510-22-P