[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Rules and Regulations]
[Pages 4588-4595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00912]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200113-0013]
RIN 0648-BI32


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 27

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS implements management measures described in Vision 
Blueprint Commercial Regulatory Amendment 27 (Regulatory Amendment 27) 
to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of 
the South Atlantic Region (Snapper-Grouper FMP), as prepared and 
submitted by the South Atlantic Fishery Management Council (Council). 
This final rule modifies commercial fishing seasons, trip limits, and 
minimum size limits for selected snapper-grouper species in the South 
Atlantic exclusive economic zone (EEZ). The purpose of this final rule 
is to improve equitable access for commercial fishermen in the snapper-
grouper fishery, minimize discards to the extent practicable, and 
improve marketability within the snapper-grouper fishery.

DATES: This final rule is effective on February 26, 2020.

ADDRESSES: Electronic copies of Regulatory Amendment 27 may be obtained 
from www.regulations.gov or the NOAA Fisheries website at https://www.fisheries.noaa.gov/action/regulatory-amendment-27-vision-blueprint-commercial-measures. Regulatory Amendment 27 includes an environmental 
assessment, regulatory impact review, and a Regulatory Flexibility Act 
(RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the Snapper-Grouper FMP and includes 
blueline tilefish, snowy grouper, greater amberjack, red porgy, 
vermilion snapper, almaco jack, other jacks complex (lesser amberjack, 
almaco jack, and banded rudderfish), queen snapper, silk snapper, 
blackfin snapper, and gray triggerfish, along with other snapper-
grouper species. The Snapper-Grouper FMP was prepared by the Council 
and is implemented by NMFS through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On October 17, 2019, NMFS published a proposed rule for Regulatory 
Amendment 27 in the Federal Register and requested public comment (84 
FR 55531). Regulatory Amendment 27 and the proposed rule outline the 
rationale for the actions contained in this final rule. A summary of 
the management measures described in Regulatory Amendment 27 and 
implemented by this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule modifies the commercial trip limits for blueline 
tilefish, greater amberjack, red porgy, and vermilion snapper; 
establishes commercial split seasons for snowy grouper, greater 
amberjack, and red porgy; and establishes a commercial trip limit for 
the other jacks complex. For the commercial sector, this final rule 
establishes a minimum size limit for almaco jack, removes the minimum 
size limits for silk snapper, queen snapper, and blackfin snapper, and 
reduces the minimum size limit for gray triggerfish in the EEZ off the 
east coast of Florida. The management measures in this final rule apply 
on board a vessel for which a Federal commercial permit for South 
Atlantic snapper-grouper has been issued. Unless otherwise noted, all 
weights in this final rule are described in gutted weight.

Commercial Trip Limit for Blueline Tilefish

    This final rule modifies the commercial trip limit for blueline 
tilefish throughout the South Atlantic EEZ. During the period from 
January 1 through April 30 each year, the commercial trip limit is 100 
lb (45 kg), and from May 1 through December 31 each year, the 
commercial trip limit is 300 lb (136 kg). The Council determined that a 
lower 100-lb (45-kg) commercial trip limit of blueline tilefish each 
year from January through April would help reduce snowy grouper 
discards by commercial fishermen operating south of Cape Hatteras, 
North Carolina, because the commercial trip limit for blueline tilefish 
would be met more quickly on a trip. This final rule maintains the 
current 300-lb (136-kg) trip limit for blueline tilefish from May 
through December when good weather conditions are more likely to allow 
commercial fishermen in the northern portion of the Council's area of 
jurisdiction to have greater access to the resource and optimize their 
harvest through an extended fishing season.

Commercial Split Season for Snowy Grouper

    This final rule establishes two commercial fishing seasons for 
snowy grouper of January 1 through June 30 (Season 1) and July 1 
through December 31 (Season 2) within the current fishing year. This 
final rule allocates the commercial quotas as 70 percent to Season 1, 
107,754 lb (48,876 kg), and 30 percent to Season 2, 46,181 lb (20,947 
kg). Any remaining commercial quota from Season 1 will be transferred 
to

[[Page 4589]]

Season 2. Any remaining commercial quota from Season 2 will not be 
carried forward into the next fishing year. The Council determined that 
allocating the majority of the commercial quota to Season 1 will ensure 
availability of snowy grouper when it is most valuable at the market 
and optimize access to this species for the majority of commercial 
fishermen in the South Atlantic. The Council also decided that 
allocating 30 percent of the commercial quota of snowy grouper for 
Season 2 allows for the incidental harvest of snowy grouper when North 
Carolina commercial fishermen are targeting blueline tilefish.

Commercial Split Season and Trip Limit for Greater Amberjack

    This final rule establishes two commercial fishing seasons for 
greater amberjack. The two seasons are March 1 through August 31 
(Season 1) and September 1 through the end of February (Season 2). The 
commercial quotas are allocated as 60 percent to Season 1, 461,633 lb 
(209,393 kg), and 40 percent to Season 2, 307,755 lb (139,595 kg). Any 
remaining commercial quota from Season 1 will be added to the 
commercial quota in Season 2. Any remaining quota from Season 2 will 
not be carried forward into the next fishing year. Additionally, this 
final rule modifies the commercial trip limit for greater amberjack. 
During Season 1, the commercial trip limit is 1,200 lb (544 kg) in 
round or gutted weight, and during Season 2, the commercial trip limit 
is 1,000 lb (454 kg) in round or gutted weight. However, during April 
each year, the commercial sale and purchase of greater amberjack will 
continue to be prohibited, and the commercial harvest and possession 
limit will continue to be one fish per person per day or one fish per 
person per trip, whichever is more restrictive.
    The Council expects that dividing the commercial quota for South 
Atlantic greater amberjack between two seasons and reducing the 
commercial trip limit for the latter half of the fishing year would 
lengthen the greater amberjack commercial season and allow for a more 
equitable distribution and price stability of the greater amberjack 
resource throughout the South Atlantic.

Commercial Split Season and Trip Limit for Red Porgy

    This final rule establishes two commercial fishing seasons for red 
porgy. Season 1 is January 1 through April 30, and Season 2 is May 1 
through December 31. The commercial quotas are allocated as 30 percent 
to Season 1, which is 47,308 lb (21,459 kg), gutted weight, or 49,200 
lb (22,317 kg), round weight; and 70 percent to Season 2, which is 
110,384 lb (50,069 kg), gutted weight, or 114,800 lb (52,072 kg), round 
weight. Any remaining commercial quota from Season 1 will be added to 
the commercial quota in Season 2. Any remaining quota from Season 2 
will not be carried forward into the next fishing year.
    Additionally, Regulatory Amendment 27 and this final rule modify 
the commercial trip limit for red porgy during Season 1 to be 60 fish. 
During Season 2, the commercial trip limit for red porgy will continue 
to be 120 fish.
    The final rule removes the current commercial sale and purchase 
prohibition and the possession limit of three fish per person per day 
or three fish per person per trip, whichever is more restrictive, from 
January 1 through April 30. The Council determined that these new 
measures will continue to constrain commercial harvest to protect 
spawning red porgy during Season 1, while allowing commercial fishermen 
to retain some red porgy when targeting other co-occurring species, 
thereby reducing discards of red porgy.

Commercial Trip Limit for Vermilion Snapper

    This final rule removes the commercial trip limit reduction for 
vermilion snapper when 75 percent of the seasonal quota is met during 
both Season 1 and 2 but retains the 1,000 lb (454 kg) commercial trip 
limit. The Council determined that there is no longer a need to have a 
trip limit reduction for vermilion snapper. Also, as described in 
Regulatory Amendment 27, maintaining the current commercial trip limit 
would ensure economic profitability and efficient use of the vermilion 
snapper resource.

Minimum Size Limit for Almaco Jack

    This final rule establishes a commercial minimum size limit of 20 
inches (50.8 cm), fork length (FL), for almaco jack in the South 
Atlantic EEZ. The Council determined that a commercial minimum size 
limit of 20 inches (50.8 cm) FL will allow more individual almaco jack 
to reach reproductive activity before being susceptible to harvest, and 
is projected to increase the average size and the corresponding average 
weight of fish harvested.

Commercial Trip Limit for the Other Jacks Complex

    This final rule establishes a commercial trip limit for the other 
jacks complex of 500 lb (227 kg). The Council determined a 500-lb (227-
kg) commercial trip limit for the other jacks complex would still allow 
fishermen to make a profitable trip, and enables them to have the added 
benefit of an extended commercial season, and it is better for the 
long-term sustainability of the other jacks complex resource.

Minimum Size Limit for Queen Snapper, Silk Snapper, and Blackfin 
Snapper

    Queen snapper, silk snapper, and blackfin snapper are part of the 
deep-water complex. Prior to this final rule, the commercial minimum 
size limit for queen snapper, silk snapper, and blackfin snapper was 12 
inches (30.5 cm) total length (TL), but the remaining species in the 
deep-water complex do not have a specified minimum size limit 
requirement. The Council determined that removing the commercial 
minimum size limit for queen snapper, silk snapper, and blackfin 
snapper would reduce discards and discard mortality for these species. 
Therefore, this final rule removes the commercial minimum size limit 
for queen snapper, silk snapper, and blackfin snapper.

Minimum Size Limit for Gray Triggerfish

    This final rule reduces the commercial minimum size limit to 12 
inches (30.5 cm) FL for gray triggerfish in the EEZ off the east coast 
of Florida. In 2015, the 12-inch (30.5-cm) FL commercial minimum size 
limit was implemented for gray triggerfish in the EEZ off North 
Carolina, South Carolina, and Georgia, and a commercial minimum size 
limit of 14 inches (35.6 cm) FL was implemented in the EEZ off the east 
coast of Florida (80 FR 30947, June 1, 2015). However, after the 
commercial minimum size limit went into effect on July 1, 2015, 
stakeholders in Florida expressed concern to the Florida Fish and 
Wildlife Conservation Commission (FWC) regarding increasing discards of 
gray triggerfish in south Florida where the average size of gray 
triggerfish is less than that off northeast Florida. In response to 
that concern, the FWC subsequently reduced the recreational minimum 
size limit of gray triggerfish in state waters to 12 inches (30.5 cm) 
FL in 2015 (incorrectly stated in the preamble of the proposed rule as 
2017), and requested that the Council develop consistent size limit 
regulations in Federal waters for gray triggerfish. Therefore, reducing 
the commercial minimum size limit to 12 inches (30.5 cm) FL in the EEZ 
off the east coast of Florida will make these state and Federal 
commercial regulations for gray triggerfish consistent throughout the 
Council's jurisdiction.

[[Page 4590]]

Comments and Responses

    NMFS received six comments from individuals, a state agency, and a 
fisheries consulting company during the public comment period on the 
proposed rule for Regulatory Amendment 27. Five of the comments offered 
were in general support of most or all the actions in the proposed 
rule. NMFS acknowledges the comments in favor of all or part of the 
actions in the proposed rule and agrees with them. Comments that were 
beyond the scope of the proposed rule are not responded to in this 
final rule. The public comment that opposed an action contained in 
Regulatory Amendment 27 and the proposed rule is summarized below, 
along with NMFS' response.
    Comment 1: The commercial minimum size limit for almaco jack should 
be 20 inches (50.8 cm) FL off North Carolina, and 12 inches (30.5 cm) 
FL off the east coast of Florida. Almaco jack grow larger off North 
Carolina, so a 20-inch (50.8-cm) FL minimum size limit is appropriate 
off that state, but due to the regional differences in catchability, 
the minimum size limit for almaco jack should be 12 inches (30.5 cm) FL 
off the east coast of Florida, since fishermen will be discarding those 
fish at a higher rate if the minimum size limit is 20 inches (50.8 cm) 
FL.
    Response: The Council decided to implement a minimum size limit for 
almaco jack because during the Vision Blueprint process, fishermen 
expressed concern about the small size and resulting poor commercial 
value of some of the almaco jack being landed. The Council considered a 
range of minimum size limits in Regulatory Amendment 27, in addition to 
no minimum size limit; however, a 12-inch (30.5-cm) minimum size limit 
was not within the range of alternatives considered by the Council 
during the development of Regulatory Amendment 27.
    Although minimum size limits, in general, have the potential to 
increase discards, NMFS believes that almaco jack would presumably 
exhibit similar release mortality to that of greater amberjack (20 
percent, Southeast Data, Assessment, and Review 15, 2008), and thus, 
most discarded fish would likely survive. Some fishermen also believe 
that almaco jack are a ``hardy'' fish and have high release survival. 
Therefore, a 20-inch (50.8-cm) FL minimum size limit is expected to 
reduce discards to the extent practicable.
    Additionally, and as stated in Regulatory Amendment 27, 88.5 
percent of almaco jack landed commercially (by weight) in the South 
Atlantic are above 20 inches (50.8 cm) FL and 66 percent of the catch 
is above 26 inches (66 cm) FL; therefore, the change in regulatory 
discards is expected to be minimal. In regard to biological benefits, 
the larger the minimum size limit, the greater the resulting benefits 
to the population in terms of increased reproductive potential. 
Therefore, implementing a commercial minimum size limit of 20 inches 
(50.8 cm) FL is expected to result in positive biological impacts to 
the almaco jack stock. Overall, the Council determined that action to 
implement the 20-inch (50.8-cm) FL minimum size limit best meets their 
purpose to minimize discards in the snapper-grouper commercial fishery 
to the extent practicable while improving marketability.

Classification

    The Regional Administrator for the NMFS Southeast Region determined 
that this final rule is necessary for the conservation and management 
of the South Atlantic snapper-grouper fishery and that it is consistent 
with Regulatory Amendment 27, the Snapper-Grouper 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. This final rule is considered to be 
an Executive Order 13771 deregulatory action. The potential cost 
savings from this final rule are estimated to be $.02 million in 2016 
dollars, discounted at 7 percent in perpetuity.
    A final regulatory flexibility analysis (FRFA) was prepared. NMFS 
did not receive any comments from the U.S. Small Business 
Administration's Office of Advocacy or the public on the IRFA in the 
proposed rule, and therefore, NMFS did not make any associated changes 
to this final rule. A copy of this analysis is available from NMFS (see 
ADDRESSES). A summary of the FRFA follows.
    The objective of this rule is to improve management of the 
commercial sector of the snapper-grouper fishery to better achieve 
optimum yield, while minimizing to the extent practicable, the adverse 
socio-economic effects of regulations on commercial fishing entities in 
the South Atlantic.
    This final rule makes the following changes to the regulations for 
the commercial snapper-grouper fishing industry in the South Atlantic 
region. This rule reduces the commercial trip limit for blueline 
tilefish from 300 lb (136 kg) to 100 lb (45 kg) from January 1 through 
April 30 each fishing year. For snowy grouper, this rule establishes 
two commercial fishing seasons of January 1 through June 30 (Season 1) 
and July 1 through December 31 (Season 2), rather than a single season 
within the fishing year; allocates 70 percent of the commercial quota 
to Season 1 and 30 percent to Season 2; and adds any remaining 
commercial quota from Season 1 to Season 2 only. For greater amberjack, 
this rule establishes two commercial fishing seasons of March 1 through 
August 31 (Season 1) and September 1 through the end of February 
(Season 2), rather than a single season within the March through 
February fishing year; allocates 60 percent of the commercial quota to 
Season 1 and 40 percent to Season 2; and adds any remaining commercial 
quota from Season 1 to Season 2 only; and reduces the commercial trip 
limit from 1,200 lb (545 kg) in round or gutted weight to 1,000 lb (454 
kg) in round or gutted weight for Season 2. For red porgy, this rule 
removes the sale and purchase prohibition, and the possession limit of 
three fish per person per day or three fish per person per trip during 
January 1 to April 30 each year; specifies two commercial fishing 
seasons for red porgy of January 1 through April 30 (Season 1) and May 
1 through December 31 (Season 2) within the fishing year; allocates 30 
percent of the commercial quota to Season 1 and 70 percent to Season 2; 
and establishes a commercial trip limit of 60 fish in Season 1. In 
addition, this rule also removes the in-season reduction of the 
commercial trip limit in Season 1 and Season 2 for vermilion snapper; 
establishes a commercial minimum size limit of 20 inches (50.8 cm) FL 
for almaco jack; establishes a commercial trip limit of 500 lb (227 kg) 
for the other jacks complex; removes the 12-inch (30.5-cm) TL 
commercial minimum size limit for queen snapper, silk snapper, and 
blackfin snapper; and reduces the commercial minimum size limit for 
gray triggerfish from 14 inches (35.6 cm) to 12 inches (30.5 cm) FL in 
the EEZ off the east coast of Florida. Therefore, this final rule is 
expected to directly regulate businesses that are active in the 
commercial snapper-grouper fishing industry.
    As of August 17, 2018, the number of vessels with a valid or 
renewable Federal commercial permit for South Atlantic snapper-grouper 
was 644, composed of 536 transferable, unlimited snapper-grouper 
permits and 108 non-transferable, 225-lb (102 kg) trip-limited permits. 
With the exception of species-specific trip limits, there is no 
aggregate snapper-grouper harvest limit per trip for vessels with 
unlimited snapper-grouper permits, while vessels with trip-limited 
permits cannot harvest more

[[Page 4591]]

than 225 lb (102 kg) of all snapper-grouper species per trip. On 
average, only 584 vessels used their commercial permits for harvesting 
purposes from 2012 through 2016. Some permit holders retain their 
permits for speculative or other non-harvesting purposes. The majority 
of vessels harvest multiple snapper-grouper species. The rule will only 
directly regulate permit holders that actually use their permits for 
harvesting purposes. Therefore, it is expected that approximately 584 
vessels will be directly regulated by this final rule.
    Although NMFS started to collect ownership data for businesses that 
possess commercial snapper-grouper permits in 2017, this data is 
currently incomplete and historical data is not available. Therefore, 
it is not currently feasible to accurately determine affiliations 
between these particular businesses. As a result of the incomplete 
ownership data, for purposes of this analysis, it is assumed each of 
these vessels is independently owned by a single business, which is 
expected to result in an overestimate of the actual number of 
businesses directly regulated by this rule. Therefore, this rule is 
estimated to directly regulate 584 businesses in the commercial 
snapper-grouper fishing industry.
    All monetary estimates in the following analysis are in 2016 
dollars. For vessels that were active in the snapper-grouper fishing 
industry from 2012 through 2016, average annual gross revenue was 
approximately $44,000 per vessel. Average annual net cash flow per 
vessel was approximately $8,300 while net revenue from operations was 
approximately $2,000 per vessel. Net revenue from operations is the 
best available estimate of economic profit.
    The Small Business Administration has established size standards 
for all major industry sectors in the U.S. including commercial fishing 
businesses. On December 29, 2015, NMFS issued a final rule establishing 
a small business size standard of $11 million in annual gross receipts 
(revenue) for all businesses primarily engaged in the commercial 
fishing industry (NAICS code 11411) for RFA compliance purposes only 
(80 FR 81194, December 29, 2015). In addition to this gross revenue 
standard, a business primarily involved in commercial fishing is 
classified as a small business if it is independently owned and 
operated, and is not dominant in it field of operations (including its 
affiliates). The maximum average annual gross revenue from 2012 through 
2016 for a single vessel in the commercial snapper-grouper fishing 
industry was about $1.6 million. Based on the information above, all 
businesses directly regulated by this rule are determined to be small 
businesses for the purpose of this analysis.
    This final rule, if implemented, would be expected to directly 
regulate the 584 active vessels with Federal commercial permits in the 
South Atlantic snapper-grouper fishery of the 644 vessels that 
currently possess those permits. All directly regulated businesses have 
been determined, for the purpose of this analysis, to be small 
entities. Based on this information, the rule is expected to affect a 
substantial number of small businesses.
    The action to reduce the commercial trip limit for blueline 
tilefish from 300 lb (136 kg) to 100 lb (45 kg) each year from January 
1 through April 30 is expected to directly regulate approximately 134 
vessels. These vessels' average annual gross revenues were $82,411 per 
vessel from 2012 through 2016. Average annual net revenue from 
operations for these vessels was approximately 4 percent of their 
average annual gross revenue from 2014 through 2016. Thus, annual net 
revenue from operations (economic profit) for these vessels is 
estimated to be about $3,300 per vessel. Average annual gross revenue 
per vessel is expected to increase by about $13 per year, which would 
result in an increase in economic profit of about 0.4 percent for these 
vessels.
    For snowy grouper, the action to establish two commercial fishing 
seasons of January 1 through June 30 (Season 1) and July 1 through 
December 31 (Season 2) rather than a single season within the fishing 
year, allocate 70 percent of the commercial quota to Season 1 and 30 
percent to Season 2, and to add any remaining commercial quota from 
Season 1 to Season 2 only, is expected to directly regulate 
approximately 149 vessels. These vessels' average annual gross revenues 
were $85,475 per vessel from 2012 through 2016. Average annual net 
revenue from operations for these vessels was approximately 4 percent 
of their average annual gross revenue from 2014 through 2016. 
Therefore, annual net revenue from operations for these vessels is 
estimated to be about $3,400 per vessel. This action is not expected to 
affect landings, annual gross revenue, or harvesting costs, and thus 
economic profit for these vessels is not expected to change.
    For greater amberjack, the action to establish two commercial 
fishing seasons of March 1 through August 31 (Season 1) and September 1 
through the end of February (Season 2) within the fishing year, 
allocate 60 percent of the commercial quota to Season 1 and 40 percent 
to Season 2, add any remaining commercial quota from Season 1 to Season 
2 only, and reduce the commercial trip limit from 1,200 lb (545 kg) in 
round or gutted weight to 1,000 lb (454 kg) in round or gutted weight 
for Season 2 is expected to directly regulate approximately 263 
vessels. These vessels' average annual gross revenues were $62,578 per 
vessel from 2012 through 2016. Average annual net revenue from 
operations for these vessels was approximately 4 percent of their 
average annual gross revenue from 2014 through 2016. Thus, average 
annual net revenue from operations for these vessels is estimated to be 
about $2,500 per vessel. This action is expected to reduce average 
annual gross revenues to these vessels by about $34, which represents 
less than 0.1 percent of their average annual gross revenues, and about 
11.4 percent of their average annual economic profit. Although a 
quantitative estimate cannot be provided due to lack of data, this 
action is also expected to cause a minor increase in these vessels' 
operating costs. In general, trip limits are expected to increase costs 
because commercial fishing vessels must take more trips to harvest and 
land the same amount of fish. The more restrictive the trip limit, the 
greater the expected increase in costs. The reduction in the commercial 
trip limit for Season 2 is 200 lb (91 kg) in round or gutted weight per 
trip, or about 17 percent of the current trip limit. A 17 percent 
reduction is not a large reduction in general and the reduction only 
applies in Season 2. Thus, this action would be expected to only 
slightly reduce these vessels' economic profits.
    For red porgy, the actions to remove the sale and purchase 
prohibition, and the possession limit of three fish per person per day 
or three fish per person per trip from January 1 to April 30 each year, 
establish two commercial fishing seasons of January 1 through April 30 
(Season 1) and May 1 through December 31 (Season 2) within the fishing 
year, allocate 30 percent of the commercial quota to Season 1 and 70 
percent to Season 2, and establish a commercial trip limit of 60 fish 
in Season 1 is expected to directly regulate approximately 160 vessels. 
These vessels' average annual gross revenues were $73,366 per vessel 
from 2012 through 2016. Average annual net revenue from operations for 
commercial vessels in the snapper-grouper fishery was approximately 4.5 
percent of their average annual gross revenue from 2014

[[Page 4592]]

through 2016. Thus, annual net revenue from operations for these 
vessels is estimated to be about $3,300 per vessel. The expected 
increase in annual gross revenue from this action is about $335 per 
vessel, representing an increase of about 0.5 percent of average annual 
gross revenues but a 9 percent increase in economic profit. The 
decision to harvest red porgy during the months when sale and purchase 
are currently prohibited could lead to additional harvesting costs, but 
these would be self-imposed and, assuming standard business practices 
by owners of commercial vessels, the additional gross revenues will 
exceed the additional costs (i.e., economic profit is expected to 
increase). Moreover, the red porgy landings that would be expected from 
January through April are likely fish that were previously discarded 
due to the current prohibition. If these landings are fish that were 
previously discarded, then no additional costs would be incurred and 
the additional gross revenue would represent additional economic profit 
to these vessels as well.
    The action to remove the in-season commercial trip limit reduction 
for vermilion snapper in both seasons is expected to directly regulate 
approximately 206 vessels. These vessels' average annual gross revenues 
were $66,330 per vessel from 2011 through 2016. Average annual net 
revenue from operations for these vessels was approximately negative 1 
percent of their average annual gross revenue from 2014 through 2016 
(i.e., these vessels have been generating economic losses). Thus, 
annual net revenue from operations for these vessels is estimated to be 
about negative $6,600 per vessel. This action is expected to result in 
a reduction of $42 in average annual gross revenue per vessel, which is 
a minimal change relative to annual average gross revenues, but would 
increase economic losses by about 0.6 percent. However, the action is 
also expected to change the cost of harvesting vermilion snapper. In 
general, trip limits are expected to increase costs because commercial 
fishing vessels must take more trips to harvest and land the same 
amount of fish. The more restrictive the trip limit, the greater the 
expected increase in costs. Under previous regulations, the commercial 
trip limit for both seasons was reduced from 1,000 lb (454 kg) gutted 
weight to 500 lb (227 kg) gutted weight, or by 50 percent, when 75 
percent of the commercial quota in either season was harvested, which 
was significant. Further, changes in trip limits within a fishing year 
and particularly within a season can introduce inefficiencies in the 
production process as commercial fishing vessels must adjust their 
operations to account for such changes. While these inefficiencies are 
likely not as great when the trip limit changes are known well in 
advance, they become particularly significant when the owners of 
commercial fishing vessels do not know if or when the trip limit change 
is going to occur, which was the case under the previous regulations. 
Further, because at least some owners of commercial fishing vessels 
would prefer to fish when the trip limit is greater, trip limit 
reductions can result in mini-fishing derbies (race-to-fish) within a 
season. Splitting the commercial quota between seasons only partially 
mitigates this effect. Although models are not available to 
quantitatively estimate the expected changes in costs, the elimination 
of the trip limit reduction in this rule is expected to significantly 
reduce these vessels' harvesting costs, likely more than offsetting the 
relatively minor reduction in gross revenue. Therefore, this action is 
expected to increase economic profit for these vessels.
    The action to establish a commercial minimum size limit of 20 
inches (50.8 cm) FL for almaco jack is expected to directly regulate 
approximately 165 vessels. These vessels' average annual gross revenues 
were $77,267 per vessel from 2012 through 2016. Average annual net 
revenue from operations for these vessels was approximately 4 percent 
of their average annual gross revenue from 2014 through 2016. Thus, 
average annual net revenue from operations for these vessels is 
estimated to be about $3,100 per vessel. Average annual gross revenue 
per vessel is expected to decrease by about $4 per vessel under the 
action, which is minimal (i.e., about 0.1 percent of economic profit), 
and thus unlikely to affect these vessels' fishing behavior. However, 
establishing a minimum size limit will also lead to discarded fish. 
Thus, commercial fishing vessels would have to exert more effort per 
trip or take more trips to land the same amount of almaco jack, which 
would lead to higher costs. The more restrictive the minimum size 
limit, the greater the amount of discarded fish and thus the greater 
the expected increase in costs. The increase in costs per vessel could 
be considerably higher than the minimal increase in average annual 
gross revenue per vessel, depending on the amount of almaco jack that 
vessels are forced to discard and how much additional effort they exert 
to maintain their landings and revenue. However, the increase in cost 
may be partially offset through a higher price received for larger 
sized fish. But the extent to which this effect will occur is unknown 
due to lack of data on the variability of prices across almaco jack of 
different sizes. Based on this information, this action may reduce the 
economic profits of these 165 vessels.
    The action to establish a commercial trip limit of 500 lb (227 kg) 
for the other jacks complex is expected to directly regulate 
approximately 210 vessels. These vessels' average annual gross revenues 
were $69,363 per vessel from 2012 through 2016. Average annual net 
revenue from operations for these vessels was approximately 4 percent 
of their average annual gross revenue from 2014 through 2016. 
Therefore, annual net revenue from operations for these vessels is 
estimated to be about $2,800 per vessel. Given the commercial minimum 
size limit for almaco jack discussed in the previous action, 
establishing a commercial trip limit for the other jacks complex is 
expected to result in a reduction of $28 in average annual gross 
revenue per vessel, or about 1 percent of the average annual economic 
profit. However, establishing a minimum size limit is also expected to 
increase costs, which would decrease economic profit even further. The 
magnitude of the increase in costs depends on how much additional 
effort commercial vessels must exert to maintain their landings and 
revenues. Therefore, economic profit for these vessels is expected to 
be reduced.
    The action to remove the 12-inch (30.5-cm) TL commercial minimum 
size limit for queen snapper, silk snapper, and blackfin snapper is 
expected to directly regulate approximately 94 vessels. These vessels' 
average annual gross revenues were $93,154 per vessel from 2012 through 
2016. Average annual net revenue from operations for these vessels was 
approximately 4 percent of their average annual gross revenue from 2014 
through 2016. Thus, annual net revenue from operations for these 
vessels is estimated to be about $3,700 per vessel. This action is 
expected to result in a minimal increase in landings of queen snapper, 
silk snapper, and blackfin snapper. However, commercial fishing vessels 
have only harvested about 43 percent of the commercial ACL for the 
deep-water complex since blueline tilefish was removed from that 
complex. Therefore, landings of queen snapper, silk snapper, and 
blackfin snapper could increase significantly without any concern of 
exceeding the commercial ACL for the deep-water complex. Further, with 
the

[[Page 4593]]

elimination of the minimum size limit, vessels would be able to 
increase their landings per unit of effort for these species, thereby 
decreasing the cost per pound of fish landed. Therefore, this action 
would be expected to increase the economic profit of these vessels to 
some extent.
    The action to reduce the commercial minimum size limit for gray 
triggerfish in the EEZ off the east coast of Florida from 14 inches 
(35.6 cm) to 12 inches (30.5 cm) FL is expected to directly regulate 
approximately 213 vessels. These vessels' average annual gross revenues 
were $65,661 per vessel from 2012 through 2016. Average annual net 
revenue from operations for these vessels was approximately 2 percent 
of their average annual gross revenue from 2014 through 2016. Thus, 
annual net revenue from operations for these vessels is estimated to be 
about $1,300 per vessel. This action is expected to result in an 
increase in annual gross revenue per vessel of approximately $10, which 
would represent an increase the average vessel's economic profit of 
about 0.8 percent per year. Reducing the minimum size limit for gray 
triggerfish will also allow commercial fishing vessels to harvest these 
species with less effort. As such, this action would also be expected 
to decrease the cost per pound of harvest, though by how much is 
unknown due to the lack of appropriate models. Thus, this action is 
expected to result in a modest increase in these vessels' economic 
profit.
    Based on the information above, average annual gross revenues for 
the 584 active commercial snapper-grouper vessels is expected to 
increase by about $33,400, or approximately $57 per vessel, as a result 
of all the actions in this rule. This increase represents only about 
0.1 percent of these vessels' average annual gross revenues, but about 
3 percent of their average annual economic profit. Harvesting costs are 
expected to significantly decrease for vessels harvesting vermilion 
snapper and slightly decrease for vessels harvesting gray triggerfish, 
while they are expected to increase for vessels harvesting greater 
amberjack, almaco jack, and species in the other jacks complex. Because 
of these countervailing effects on harvesting costs, harvesting costs 
for many commercial snapper-grouper vessels will likely change little 
if at all. Thus, economic profit for the average commercial snapper-
grouper vessel is expected to increase slightly or remain relatively 
the same, though some vessels could experience a reduction in economic 
profit.
    Five alternatives, including the status quo, were considered for 
the action to reduce the commercial trip limit for blueline tilefish 
from 300 lb (136 kg) to 100 lb (45 kg) from January 1 through April 30. 
The status quo alternative and the other four alternatives were not 
selected because they are not expected to achieve the Council's goal of 
enabling more equitable access to the resource for fishermen from 
different areas of the South Atlantic. The status quo alternative is 
also not expected to increase economic profits for the affected small 
entities.
    Two alternatives, including the status quo, were considered for the 
action to establish, for snowy grouper, two commercial fishing seasons 
of January 1 through June 30 (Season 1) and July 1 through December 31 
(Season 2) within the calendar fishing year, allocate 70 percent of the 
commercial ACL to Season 1 and 30 percent to Season 2, and transfer any 
remaining quota from Season 1 to Season 2. The status quo alternative 
and the other alternative were not selected because they are not 
expected to achieve the Council's goal of enabling more equitable 
access to the resource for fishermen from different areas of the South 
Atlantic.
    Nine alternatives, including the status quo, were considered for 
the action to establish, for greater amberjack, two commercial fishing 
seasons of March 1 through August 31 (Season 1) and September 1 through 
February 31 (Season 2) within the March through February fishing year, 
allocate 60 percent of the commercial ACL to Season 1 and 40 percent to 
Season 2, transfer any remaining quota from Season 1 to Season 2, and 
reduce the commercial trip limit from 1,200 lb (545 kg) in round or 
gutted weight to 1,000 lb (454 kg) in round or gutted weight for Season 
2. The status quo alternative was not selected because it is not 
expected to achieve the Council's goal of enabling more equitable 
access to the resource for fishermen from different areas of the South 
Atlantic. Six of the other alternatives are expected to decrease 
economic profits for the affected small entities more than the action 
and thus were not selected. The other two alternatives are expected to 
reduce economic profits less than the action, but were not selected 
because they are not expected to achieve the Council's goal of enabling 
more equitable access to the resource for fishermen from different 
areas of the South Atlantic.
    For red porgy, seven alternatives, including the status quo, were 
considered for the action to remove the sale and purchase prohibition, 
and the possession limit of three per person per day or three per 
person per trip during January 1 to April 30 each year, specify two 
commercial fishing seasons of January 1 through April 30 (Season 1) and 
May 1 through December 31 (Season 2) within the fishing year, allocate 
30 percent of the commercial ACL to Season 1 and 70 percent to Season 
2, and establish a commercial trip limit of 60 fish in Season 1. The 
status quo was not selected because it is not expected to achieve the 
Council's goal of enabling more equitable access to the resource for 
fishermen from different areas of the South Atlantic and is not 
expected to increase economic profits for the affected small entities.
    Five alternatives, including the status quo, were considered for 
the action to remove the trip limit reduction in both seasons for 
vermilion snapper. None of these alternatives were selected because 
they are expected to result in lower economic profits for the affected 
small entities, while three of these alternatives are also expected to 
result in significantly higher regulatory costs to the Federal 
Government.
    Four alternatives, including the status quo, were considered for 
the action to establish a commercial minimum size limit of 20 inches 
(50.8 cm) FL for almaco jack. The status quo was not selected because 
almaco jack less than 20 inches (50.8 cm) FL are not considered to be 
of a marketable size (i.e., they are difficult if not impossible to 
sell at a price that would not lead to economic losses) and therefore 
would likely be discarded. Thus, the status quo alternative is not 
expected to achieve the Council's goals of improving the marketability 
of certain species and minimizing discards. The other three 
alternatives are expected to result in even higher discards, which is 
contrary to the Council's goal of minimizing discards, and are also 
expected to reduce economic profits for the affected small entities 
more than the action.
    Three alternatives, including the status quo, were considered for 
the action to establish a commercial trip limit of 500 lb (227 kg) for 
the other jacks complex. The status quo alternative was not selected as 
it is not expected to achieve the Council's goal of enabling more 
equitable access to the resource for fishermen from different areas of 
the South Atlantic. The other two alternatives are expected to reduce 
economic profits more than the action and therefore were not selected.
    One alternative, the status quo, was considered for the action to 
remove the 12-inch (30.5-cm) TL commercial minimum size limit for queen 
snapper, silk snapper, and blackfin snapper. The status quo alternative 
was not selected

[[Page 4594]]

because it is expected to result in higher discards, which is contrary 
to the Council's goal of minimizing discards, and is also expected to 
result in lower economic profits for the affected small entities.
    One alternative, the status quo, was considered for the action to 
reduce the commercial minimum size limit for gray triggerfish in the 
EEZ off the east coast of Florida from 14 inches (35.6 cm) to 12 inches 
(30.5 cm) FL. The status quo alternative was not selected because it is 
expected to result in higher discards, which is contrary to the 
Council's goal of minimizing discards, and is also expected to result 
lower economic profits for the affected small entities.
    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, a fishery bulletin that also serves as a small 
entity compliance guide was prepared. Copies of this final rule are 
available from the Southeast Regional Office, see ADDRESSES, and the 
guide will be sent to all Federal permit holders for the fishery. The 
guide and this final rule will be available upon request.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Grouper, Snapper, South Atlantic.

    Dated: January 14, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator, National Marine Fisheries Service.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on January 15, 2020.

    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.


Sec.  622.184  [Amended]

0
2. In Sec.  622.184, remove paragraph (c).

0
3. In Sec.  622.185, revise paragraphs (a)(3) and (c)(2) and add 
paragraph (c)(6) to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (a) * * *
    (3) Cubera, gray, and yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
    (c) * * *
    (2) Gray triggerfish. (i) For a fish taken by a person not subject 
to the bag limit specified in Sec.  622.187(b)(8)-12 inches (30.5 cm), 
FL.
    (ii) For a fish taken by a person that is subject to the bag limit 
specified in Sec.  622.187(b)(8)--
    (A) In the South Atlantic EEZ off Florida--14 inches (35.6 cm), FL.
    (B) In the South Atlantic EEZ off North Carolina, South Carolina, 
and Georgia--12 inches (30.5 cm), FL.
* * * * *
    (6) Almaco jack. For a fish taken by a person not subject to the 
bag limit specified in Sec.  622.187(b)(8)--20 inches (50.8 cm), FL.

0
4. In Sec.  622.190 revise paragraphs (a)(1), (3), and (6) to read as 
follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (1) Snowy grouper--(i) For the period January 1 through June 30 
each year--107,754 lb (48,876 kg).
    (ii) For the period July 1 through December 31 each year--46,181 lb 
(20,947 kg).
    (iii) Any unused portion of the quota specified in paragraph 
(a)(1)(i) of this section will be added to the quota specified in 
paragraph (a)(1)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(1)(ii) of this section, including any 
addition of quota specified in paragraph (a)(1)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *
    (3) Greater amberjack--(i) For the period March 1 through August 31 
each year--461,633 lb (209,393 kg).
    (ii) For the period September 1 through the end of February each 
year--307,755 lb (139,595 kg).
    (iii) Any unused portion of the quota specified in paragraph 
(a)(3)(i) of this section will be added to the quota specified in 
paragraph (a)(3)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(3)(ii) of this section, including any 
addition of quota specified in paragraph (a)(3)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *
    (6) Red porgy--(i) For the period January 1 through April 30 each 
year--47,308 lb (21,458 kg), gutted weight; 49,200 lb (22,317 kg), 
round weight.
    (ii) For the period May 1 through December 31 each year--110,384 lb 
(50,069 kg), gutted weight; 114,800 lb (52,072 kg), round weight.
    (iii) Any unused portion of the quota specified in paragraph 
(a)(6)(i) of this section will be added to the quota specified in 
paragraph (a)(6)(ii) of this section. Any unused portion of the quota 
specified in paragraph (a)(6)(ii) of this section, including any 
addition of quota specified in paragraph (a)(6)(i) of this section that 
was unused, will become void and will not be added to any subsequent 
quota.
* * * * *

0
 5. In Sec.  622.191, revise paragraphs (a)(4) through (6) and (a)(10) 
and add paragraph (a)(14) to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (4) Red porgy. The following commercial trip limits apply until the 
applicable commercial quota specified in Sec.  622.190(a)(6) is 
reached. See Sec.  622.190(c)(1) for the limitations regarding red 
porgy after the applicable commercial quota is reached.
    (i) From January 1 through April 30--60 fish.
    (ii) From May 1 through December 31--120 fish.
    (5) Greater amberjack. The following commercial trip limits apply 
until the applicable commercial quota specified in Sec.  622.190(a)(3) 
is reached. See Sec.  622.190(c)(1) for the limitations regarding 
greater amberjack after the applicable commercial quota is reached.
    (i) From March 1 through August 31--1,200 lb (544 kg).
    (ii) From September 1 through the end of February--1,000 lb (454 
kg).
    (6) Vermilion snapper. Until the applicable commercial quota 
specified in Sec.  622.190(a)(4) is reached--1,000 lb (454 kg), gutted 
weight. See Sec.  622.190(c)(1) for the limitations regarding vermilion 
snapper after the applicable commercial quota is reached.
* * * * *
    (10) Blueline tilefish. The following commercial trip limits apply 
until the commercial ACL specified in Sec.  622.193(z)(1)(i) is 
reached. See Sec.  622.193(z)(1)(i) for the limitations regarding 
blueline tilefish after the commercial ACL is reached.
    (i) From January 1 through April 30--100 lb (45 kg), gutted weight; 
106 lb (48 kg), round weight.
    (ii) From May 1 through December 31--300 lb (136 kg), gutted 
weight; 318 lb (144 kg), round weight.
* * * * *

[[Page 4595]]

    (14) Other jacks complex (lesser amberjack, almaco jack, and banded 
rudderfish). Until the commercial ACL specified in Sec.  
622.193(l)(1)(i) is reached--500 lb (227 kg), gutted weight; 520 lb 
(236 kg), round weight. See Sec.  622.193(l)(1)(i) for the limitations 
regarding the other jacks complex after the commercial ACL is reached.
* * * * *
[FR Doc. 2020-00912 Filed 1-24-20; 8:45 am]
BILLING CODE 3510-22-P