Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment for the South Atlantic, 74757-74770 [2011-30743]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Proposed Rules]
[Pages 74757-74770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30743]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-1677-01]
RIN 0648-AY73


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Comprehensive Annual Catch Limit Amendment for the South Atlantic

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement the Comprehensive 
Annual Catch Limit Amendment (Comprehensive ACL Amendment) to the 
Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper), the Golden Crab Fishery of the 
South Atlantic Region (Golden Crab), the Dolphin and Wahoo Fishery off 
the Atlantic States (Dolphin and Wahoo), and the Pelagic Sargassum 
Habitat of the South Atlantic Region (Sargassum) as prepared and 
submitted by the South Atlantic Fishery Management Council (Council). 
If implemented, this rule would specify annual catch limits (ACLs) and 
accountability measures (AMs) for species in the FMPs for Snapper-
Grouper, Dolphin and Wahoo, and Golden Crab. The rule would also 
describe the current terminology and measures in place in the Sargassum 
FMP that are equivalent to an ACL and AMs. For Sargassum, the rule 
would not specifically set an ACL because there is currently a 
commercial quota in place which functions as an ACL, and there are 
commercial closure provisions in the event the quota is met or 
projected to be met which functions as an AM. In addition, the rule 
would revise the snapper-grouper fishery management unit (FMU), 
including the removal of some species, designation of ecosystem 
component (EC) species, and the development of species groups. This 
rule would establish a daily vessel limit for the recreational 
possession of wreckfish, create a closed season for the wreckfish 
recreational sector, prohibit recreational bag limit sales of dolphin 
from for-hire vessels, and set a minimum size limit for dolphin off 
most of the South Atlantic states. The intent of this rule is to 
specify ACLs for species not undergoing overfishing while maintaining 
catch levels consistent with achieving optimum yield (OY) for the 
resource.

DATES: Written comments must be received on or before December 19, 
2011.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2011-0087'' by any of the following methods:
     Electronic submissions: Submit electronic comments via the 
Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Nikhil Mehta, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: https://www.regulations.gov, click on ``submit a comment,'' then enter ``NOAA-
NMFS-2011-0087'' in the keyword search and click on ``search''. To view 
posted comments during the comment period, enter ``NOAA-NMFS-2011-
0087'' in the keyword search and click on ``search.'' NMFS will accept 
anonymous comments (enter N/A in the required field if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Comments through means not specified in this rule will not be 
accepted.
    Electronic copies of the Comprehensive ACL Amendment, which 
includes a final environmental impact statement (FEIS), a regulatory 
flexibility analysis, and a regulatory impact review, may be obtained 
from the Southeast Regional Office Web Site at https://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, Southeast Regional 
Office, NMFS, telephone: (727) 824-5305; email: nikhil.mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: The fisheries for snapper-grouper, golden 
crab, dolphin and wahoo, and pelagic sargassum habitat of the South 
Atlantic are managed under their respective FMPs. The FMPs were 
prepared by the Council and are implemented through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The 2006 revisions to the Magnuson-Stevens Act require that by 
2011, for fisheries determined by the Secretary of Commerce (Secretary) 
to not be subject to overfishing, ACLs and AMs must be established at a 
level that prevents overfishing and helps to achieve OY. These mandates 
are intended to ensure fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems.
    An ACL is the level of annual catch of a stock or stock complex 
that is set to prevent overfishing from occurring. An ACL that is met 
or exceeded serves as the basis for triggering an AM. ACLs may 
incorporate management and scientific uncertainty, and take into 
account the amount of data available and level of vulnerability to 
overfishing for each species. ACLs established through this rule would 
be defined in either gutted or round weight. Separate ACLs may be 
established for each sector of a fishery, i.e., commercial and 
recreational. However, the combined total of all sector ACLs may not 
exceed the total ACL for a species or stock complex. For stocks for 
which an ACL would be set through this rulemaking, none are currently 
overfished, in a rebuilding plan, or undergoing overfishing.
    Accountability measures may be used for both in-season and post-
season management of a stock to control or mitigate harvest levels with 
respect to the ACL. This rule would establish in-season and post-season 
AMs for the commercial sector, and in-season AMs for the recreational 
sector based upon the amount of harvest in the previous fishing year 
that would maintain catch levels within the ACLs or restore catch 
levels to those limits if exceeded.

Management Measures Contained in This Proposed Rule

Snapper-Grouper

    This rule would identify snapper-grouper species that do not need 
Federal management and can therefore be removed from the Snapper-
Grouper FMP; designate selected snapper-grouper species as EC species; 
and establish species groups for selected

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snapper-grouper species for more effective management. The rule would 
also establish ACLs for the commercial and recreational sectors. 
Additionally, the rule would establish AMs, which manage harvest within 
an applicable quota or ACL and manage future harvest, should a species 
or species group ACL be exceeded. Furthermore, this rule would 
establish a daily vessel limit for the recreational possession of 
wreckfish and create a closed season for the wreckfish recreational 
sector.

Designation of Species To Be Removed From the FMP

    There are currently 73 species in the Snapper-Grouper FMP. Many 
uncommonly harvested species were originally placed in the FMP because 
they were considered to be sub-tropical/tropical in distribution, and 
therefore limited in their range to south of Cape Hatteras, North 
Carolina, on the east coast of the U.S.; and were part of a large 
multi-species fishery where co-occurring species were taken together 
with the same gear in the same area. The Council evaluated whether all 
species currently included in the snapper-grouper fishery management 
unit (FMU) are in need of Federal conservation and management.
    In deciding whether a species needed continued management at the 
Federal level through an FMP, the Council considered the following 
criteria: The importance of the fishery to the Nation and the regional 
economy; whether being in an FMP can improve or maintain the condition 
of the stock; the extent to which the fishery could be or already is 
adequately managed by other entities; whether inclusion in an FMP can 
resolve competing interests or conflicts among user groups; whether 
inclusion in an FMP can produce more efficient utilization with respect 
to the economic condition of a fishery; whether inclusion in an FMP can 
foster the orderly growth of a developing fishery; and a consideration 
of the costs associated with the inclusion of a stock within an FMP 
balanced against the benefits (50 CFR 600.340(b)(2)).
    Based on these criteria, the Council determined 13 species should 
be removed from the Snapper-Grouper FMP. This rule would remove black 
margate, bluestriped grunt, crevalle jack, French grunt, grass porgy, 
porkfish, puddingwife, queen triggerfish, sheepshead, smallmouth grunt, 
Spanish grunt, tiger grouper, and yellow jack from the Snapper-Grouper 
FMP. Of the 13 species to be removed, the majority have over 95 percent 
of their landings reported in state waters. Also, three of these 
species (porkfish, puddingwife, and queen triggerfish) are managed by 
Florida in Florida waters under the Florida Marine Life rule which 
contains more stringent protections for these species than current 
Federal regulations. In addition, two species (tiger grouper and 
smallmouth grunt) identified for removal have no reported commercial or 
recreational landings in Federal waters from 2005 to 2009.

Designation of Ecosystem Component Species in the FMP

    The Magnuson-Stevens Act National Standard 1 Guidelines describe 
the criteria to be considered to designate an EC species (50 CFR 
600.310(d)(5)). According to these criteria, EC species should be a 
non-target species; not be determined to be subject to overfishing, 
approaching overfished, or overfished; not likely to become subject to 
overfishing or overfished in the absence of conservation and management 
measures; and not generally retained for sale or personal use. Based on 
an evaluation of the criteria, the Council determined six species 
should be designated as EC species. This rule would designate bank sea 
bass, cottonwick, longspine porgy, ocean triggerfish, rock sea bass, 
and schoolmaster as EC species within the Snapper-Grouper FMP. The 
designation of these species as EC species would retain them in the 
Snapper-Grouper FMP, but they are not required to have an ACL or AM (50 
CFR 600.310(c) and (d)). These EC species would also not be subject to 
any other proposed management actions within the Comprehensive ACL 
Amendment and would not be subject to other Federal management measures 
such as recreational bag limits and size limits. Where those types of 
management measures are already in place, this rule would remove those 
applicable Federal regulations. Of the species proposed to be 
designated as EC species, all are currently included in the aggregate 
snapper-grouper recreational bag limit and the schoolmaster has current 
size limit regulations. The species that would be designated as EC 
species met at least three out of the four National Standard 1 criteria 
for EC species. These six species are generally not retained because of 
their small size and the greater availability of a higher quality co-
occurring species, and their commercial and recreation landings are 
low. No other species that are proposed to be retained within the 
Snapper-Grouper FMP and FMU meet the previously described EC 
designation criteria.

Species Groupings

    The Magnuson-Stevens Act National Standard 1 Guidelines state that 
stocks may be grouped into complexes for various reasons, including 
whether the stocks cannot be targeted independently of one another in a 
multi-species fishery, there are not sufficient data to measure their 
status relative to established status determination criteria, or when 
it is not feasible for fishermen to distinguish individual stocks among 
their catch (50 CFR 600.310(d)(8)). A species grouping or complex means 
a group of stocks that are sufficiently similar in geographic 
distribution, life history, and vulnerabilities to the fishery such 
that the impact of management actions on the stocks is similar. The 
Council decided to establish species group or complex ACLs for selected 
snapper-grouper species within the Comprehensive ACL Amendment. 
Complexes for species groups would be established using associations 
based on life history, catch statistics from commercial logbook and 
observer data, recreational headboat logbooks and private/charter 
surveys, and fishery-independent data. Detailed quantitative analyses 
including productivity and susceptibility analysis and multivariate 
statistical analysis were used to identify stock associations. These 
identified associations between stocks were then used to develop 
complexes for unassessed stocks. The rule would revise the current 
snapper-grouper species grouping, and place selected snapper-grouper 
species into the complexes for: Deep-water species (yellowedge grouper, 
blueline tilefish, silk snapper, misty grouper, sand tilefish, queen 
snapper, black snapper, and blackfin snapper); shallow-water groupers 
(red hind, rock hind, yellowmouth grouper, yellowfin grouper, coney, 
and graysby); snappers (gray snapper, lane snapper, cubera snapper, dog 
snapper, and mahogany snapper), jacks (almaco jack, banded rudderfish, 
and lesser amberjack), grunts (white grunt, sailors choice, tomtate, 
and margate), and porgies (jolthead porgy, knobbed porgy, saucereye 
porgy, scup, and whitebone porgy). An ACL and AM would be specified for 
each complex. Heavily targeted stocks, stocks with assessments, stocks 
with fishery closures where the ACL equals zero, or stocks that did not 
fall into any complex grouping would be managed by individual ACLs. 
Species that would not be included in species groups but for which 
individual ACLs would be established are black grouper, wreckfish, 
Atlantic spadefish,

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greater amberjack, scamp, red porgy (recreational sector only), 
hogfish, yellowtail snapper, blue runner, bar jack, gray triggerfish, 
and mutton snapper.

ACLs

    This rule would assign initial ACLs for each of the species or 
species group or complex retained for Federal management in the 
Comprehensive ACL Amendment, excluding EC species. The ACLs proposed 
for these selected snapper-grouper species or species groups are 
available at Sec.  622.49(b) in the regulatory text section within this 
proposed rule. For selected snapper-grouper species or species groups 
that would have an ACL established through this rule, the ACL would be 
equal to both the OY and the allowable biological catch (ABC).
    The South Atlantic Council specified OY as ``ACL is equal to OY is 
equal to ABC'', for species in the Comprehensive ACL Amendment, since 
none of the species are listed as overfished or undergoing overfishing, 
and the ABC control rules, developed with the Council's Scientific and 
Statistical Committee (SSC), incorporate uncertainty in the 
specification of the ABCs. This rule would specify an ACL for species 
in both the commercial and recreational sectors, except for red porgy. 
For red porgy, the rule would establish an ACL for red porgy for the 
recreational sector only, because a commercial quota is already in 
place for red porgy and functions as the equivalent of a commercial 
ACL. The recreational ACL proposed for red porgy is available at Sec.  
622.49(b) in the regulatory text section within this proposed rule. The 
commercial quota for red porgy is already in place and is available at 
Sec.  622.42(e).
    For wreckfish specifically, a commercial quota is in place and 
would be reduced through this rule. The commercial ACL that would be 
established through this rule would be equal to the revised commercial 
quota. This rule would also establish an ACL for the wreckfish 
recreational sector. The recreational ACL proposed for wreckfish is 
available Sec.  622.49(b) in the regulatory text section within this 
proposed rule. The revised commercial quota proposed for wreckfish is 
available at Sec.  622.42(f) in the regulatory text section within this 
proposed rule.

AMs

    For the commercial sector, excluding wreckfish, if the commercial 
ACL for a species or species group is exceeded during a fishing year, 
then the sector would be closed for the remainder of that fishing year 
for that specific species or species group. If the ACL for a species 
group is exceeded, all species contained within that group would be 
subject to their respective group AM. If a species, or at least a 
single member of a species group is designated as overfished, and the 
commercial ACL is exceeded, then during the following fishing year, the 
commercial sector ACL would be reduced by the amount of the commercial 
ACL overage in the prior fishing year. For red porgy, the commercial 
quota closure provisions function as the equivalent to an AM in the 
event that the red porgy commercial quota is exceeded in a fishing 
year.
    The wreckfish commercial sector is managed under the individual 
transferrable quota (ITQ) program and this rule would make the ITQ 
program itself the AM for the commercial sector because commercial 
landings are closely monitored and ITQ participants are limited to 
their specific ITQ allocation each fishing year.
    For the recreational sector, if the recreational ACL is exceeded 
for a species or species group in a fishing year, then during the next 
fishing year the RA would monitor the recreational landings for a 
persistence in increased landings, and using the best scientific 
information available reduce the length of the recreational fishing 
season as necessary to ensure the recreational landings do not exceed 
the recreational ACL.

Wreckfish Management Measures

    This rule would implement a one wreckfish per vessel daily 
recreational limit and a recreational wreckfish closed season of 
January 1 through June 30, and September 1 through December 31, each 
year.
    Wreckfish spawn during December through May with peak spawning 
occurring during February and March. The establishment of a January 
through June closed season for the wreckfish recreational sector could 
provide a greater biological benefit to the stock. The closed seasons 
of January through June and September through December, and the 
subsequent ability to recreationally harvest wreckfish during the 
months of July and August, also provides an additional opportunity for 
recreational fishermen to harvest wreckfish during the summer months, 
when weather conditions are more favorable offshore for anglers who may 
target wreckfish far offshore.

Dolphin and Wahoo

    This rule would specify initial ACLs and AMs for dolphin and wahoo. 
The ACLs proposed for dolphin and wahoo are available at Sec.  
622.49(e) and (f) in the regulatory text section within this proposed 
rule. Additional management measures for dolphin are also proposed that 
would prohibit recreational bag limit sales of dolphin harvested from 
for-hire vessels, and set a minimum size limit for dolphin off most of 
the South Atlantic states.

ACLs

    This rule would assign initial ACLs for dolphin and wahoo. For the 
ACLs established through this rule, the ACL would be equal to both the 
OY and the ABC. The South Atlantic Council specified OY as ``ACL is 
equal to OY is equal to ABC'', for species in the Comprehensive ACL 
Amendment, since none of the species are listed as overfished or 
undergoing overfishing, and the ABC control rules, developed with the 
Council's SSC, incorporate uncertainty in the specification of the 
ABCs. ACLs would be specified for species in both the commercial and 
recreational sectors.

AMs

    For the commercial sector, if the commercial ACL is exceeded during 
a fishing year, then the commercial sector would be closed for the 
remainder of that fishing year for that species. If a species is 
designated as overfished, and the commercial ACL is exceeded, then 
during the following fishing year, the commercial sector ACL would be 
reduced by the amount of the commercial ACL overage from the prior 
fishing year.
    For the recreational sector, if the recreational ACL is exceeded 
for a species in a fishing year, then during the next fishing year the 
RA would monitor the recreational landings for a persistence in 
increased landings, and using the best scientific information 
available, reduce the length of the recreational fishing season as 
necessary to ensure the recreational landings do not exceed the 
recreational ACL.

Dolphin Bag Limit Sales

    This rule would prohibit recreational bag limit sales of dolphin 
harvested by persons while onboard for-hire vessels. The prohibition of 
recreational bag limit sales of dolphin harvested by people on for-hire 
vessels would ensure that the Federal regulations are fair and 
equitable by making sure that fish harvested by the recreational sector 
are not counted toward commercial quotas through submitted dealer 
reports and that total landings data are accurate. Accordingly, this 
rule would prohibit the sale of dolphin harvested or possessed under 
the bag limit by a

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vessel for which a Federal charter vessel/headboat permit for Atlantic 
dolphin and wahoo has been issued in the Atlantic EEZ.

Dolphin Minimum Size Limit

    This rule would establish a minimum size limit for dolphin of 20 
inches (50.8 cm) fork length to include the Federal waters off South 
Carolina. Currently, the dolphin minimum size limit is 20 inches (50.8 
cm) fork length, for the Federal waters off Florida and Georgia. This 
rule would extend the applicability of that size limit from Florida 
through South Carolina to ensure consistency in the regulations as well 
as help prevent large scale harvest of very small dolphin.

Golden Crab

    This rule would specify an ACL and an AM for golden crab. ACL. This 
rule would assign an initial ACL for golden crab. The ACL proposed for 
golden crab is available at Sec.  622.49(g) in the regulatory text 
section within this proposed rule. The ACL would be equal to both the 
OY and the ABC. The South Atlantic Council specified OY as ``ACL is 
equal to OY is equal to ABC'', for species in the Comprehensive ACL 
Amendment, since none of the species are listed as overfished or 
undergoing overfishing, and the ABC control rules, developed with the 
Council's SSC, incorporate uncertainty in the specification of the 
ABCs. The ACL would only be specified for the commercial sector of the 
golden crab fishery. There is not a recreational sector of the golden 
crab fishery and there are no identified golden crab recreational 
fishers. Therefore, a recreational ACL would not be established through 
this rule.

AMs

    If the golden crab commercial sector exceeds the ACL during a 
fishing year, then the sector would be closed for the remainder of that 
fishing year. If, at a later date golden crab were to be designated as 
designated as overfished, and the commercial ACL was exceeded, then 
during the following fishing year, the sector ACL would be reduced by 
the amount of the commercial ACL overage from the prior fishing year.

Measures Contained in the Comprehensive ACL Amendment That Are Not in 
This Proposed Rule

    The Comprehensive ACL Amendment also contains actions that are not 
specifically addressed through this rulemaking. These items include 
specifying ABC control rules, allocations for the commercial and 
recreational sectors, and jurisdictional allocations between the South 
Atlantic Council and the Gulf of Mexico Fishery Management Council 
(Gulf Council) for three species.
    The Comprehensive ACL Amendment established ABC control rules for 
the Snapper-Grouper, Dolphin and Wahoo, Golden Crab, and Sargassum 
FMPs, which were used to establish ABC. These standard methods for 
determining the appropriate ABC would allow the Council's Scientific 
and Statistical Committee (SSC) to determine an objective and efficient 
assignment of ABC that takes into account scientific uncertainty 
regarding the harvest levels that would lead to overfishing. The 
quality and quantity of landings information varies according to the 
stock in question, thus different control rules are needed for data-
adequate (assessed species) and data-poor (un-assessed species) stocks.
    Additionally, the amendment would establish allocations for the 
commercial and recreational sectors for snapper-grouper species and 
dolphin and wahoo that do not currently have allocations specified.
    The amendment also defines the apportionment for black grouper, 
yellowtail snapper, and mutton snapper across the jurisdictional 
boundary between the South Atlantic Council and the Gulf Council. These 
three species are managed separately by both the Gulf and South 
Atlantic Councils, but each has a stock assessment and ABC that covers 
both Council's areas of jurisdiction. Therefore, based on historical 
landings and recommendations from their respective SSC's, the two 
councils have agreed to apportion those overarching ABCs between them, 
and the amendment establishes ABC limits for the South Atlantic 
Council's area of jurisdiction.

Measures Contained in This Proposed Rule That Are Not in the 
Comprehensive ACL Amendment

    This rule would revise the boundary coordinates for the harvest 
prohibition for pelagic Sargassum in the South Atlantic EEZ. The 
current northern boundary for this harvest prohibition defined at 50 
CFR 622.35(g)(1)(i) is not consistent with the intercouncil boundary 
between the Mid-Atlantic Fishery Management Council and the South 
Atlantic Council as defined at 50 CFR 600.105. The Sargassum FMP 
specifies that the northern boundary for management for Sargassum in 
the South Atlantic EEZ is the Virginia/North Carolina boundary, which 
is the boundary between the Mid-Atlantic and South Atlantic Councils. 
Current regulations specify a latitude for the northern boundary for 
Sargassum that is approximately two nautical miles north of the 
intercouncil boundary between the Mid-Atlantic and South Atlantic 
Councils. Therefore, this rule would specify the latitude for the 
northern boundary of the management area for Sargassum, which is the 
boundary between the Mid-Atlantic and South Atlantic Councils.

Availability of the Comprehensive ACL Amendment

    Additional background and rationale for the measures previously 
discussed are contained in the Comprehensive ACL Amendment. The 
availability of the Comprehensive ACL Amendment was announced in the 
Federal Register on October 20, 2011 (76 FR 65133). A minority report 
was submitted by dissenting South Atlantic Council members expressing 
concerns regarding some of the actions in the Comprehensive ACL 
Amendment. Written comments on the Comprehensive ACL Amendment must be 
received by December 19, 2011. All comments received on the amendment 
or the proposed rule during their respective comment periods will be 
addressed in the preamble to the final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the amendment, other provisions of the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The factual 
basis for this determination is as follows.
    The purpose of the amendment is to specify OFLs, ACLs, and AMs 
where needed to comply with Magnuson-Stevens Act requirements. The 
objective of this amendment is to implement measures expected to 
prevent overfishing and achieve OY while minimizing, to the extent 
practicable, adverse social and economic effects. The Magnuson-Stevens 
Act provides the statutory basis for this proposed rule. The management 
measures contained in

[[Page 74761]]

this rule are described in the preamble and are not repeated here.
    This rule is expected to directly affect commercial fishing vessels 
that have permits for, or landings of, South Atlantic snapper-grouper, 
including wreckfish, dolphin-wahoo, or golden crab. This rule is also 
expected to directly affect for-hire vessels that possess for-hire 
snapper-grouper or dolphin-wahoo permits in the South Atlantic. The 
Small Business Administration (SBA) has established size criteria for 
all major industry sectors in the U.S. including fish harvesters. A 
business involved in fish harvesting is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates), and has combined annual 
receipts not in excess of $4.0 million (NAICS code 114111, finfish 
fishing) for all its affiliated operations worldwide.
    In 2010, 598 vessels possessed snapper-grouper unlimited permits 
and 136 vessels possessed limited snapper-grouper permits. Thus, 732 
vessels possessed limited access permits to harvest snapper-grouper 
species in the South Atlantic. Profit estimates for these vessels are 
not currently available. Between 2005 and 2009, the average gross 
revenue from landings of South Atlantic snapper-grouper was 
approximately $13.82 million, resulting in an average of $18,875 in 
gross revenue per permitted vessel. These vessels are expected to be 
directly affected by the actions to specify jurisdictional allocations 
for black grouper, yellowtail snapper, and mutton snapper, the action 
to establish ACLs for snapper-grouper species retained in the Snapper-
Grouper FMP that currently do not have an ACL, and the action to 
establish sector allocations for snapper-grouper species currently 
without such allocations.
    The commercial sector of the wreckfish fishery is managed under an 
Individual Fishing Quota (IFQ) program. In the 2009-10 fishing year 
there were 25 IFQ shareholders. However, between 2005 and 2009, only 5 
vessels harvested wreckfish per year on average. All vessels harvesting 
wreckfish must possess a Federal commercial snapper-grouper permit. 
Profit estimates for these vessels are not currently available. Between 
2005 and 2009, the average annual gross revenue from wreckfish landings 
was approximately $440,000, resulting in an average of $84,600 in 
annual gross revenue per vessel. These shareholders and vessels are 
expected to be directly affected by the actions to establish an ACL and 
sector allocations for wreckfish.
    In 2010, 2,144 vessels possessed an open access dolphin-wahoo 
commercial permit. However, landings data indicate that, on average, 
only 602 and 224 vessels harvested dolphin and wahoo, respectively, 
between 2005 and 2009. Profit estimates for these vessels are not 
currently available. Annual gross revenue from dolphin and wahoo 
landings were approximately $1.58 million and $118,000, respectively, 
during this time period. Thus, annual gross revenue per vessel was 
approximately $2,628 and $527 on average for dolphin and wahoo, 
respectively. These vessels are expected to be directly affected by the 
actions to establish ACLs and sector allocations for dolphin and wahoo. 
The action to establish a commercial minimum size limit for dolphin 
would only directly affect vessels that harvest dolphin.
    For the golden crab fishery, 11 vessels possessed a limited access 
permit in 2010. However, between 2005 and 2009, only 5 vessels 
harvested golden crab per year on average. Profit estimates for these 
vessels are not currently available. Between 2005 and 2009, the average 
annual gross revenue from golden crab landings was approximately $1.09 
million, resulting in an average of $226,400 in annual gross revenue 
per vessel. These vessels are expected to be directly affected by the 
action to establish an ACL for golden crab.
    Between 2005 and 2009, approximately 2,018 vessels possessed for-
hire snapper-grouper permits. These vessels are expected to be directly 
affected by the actions to specify jurisdictional allocations for black 
grouper, yellowtail snapper, and mutton snapper, the action to 
establish ACLs for snapper-grouper species retained in the Snapper-
Grouper FMP that currently do not have an ACL, the action to establish 
sector allocations for snapper-grouper species currently without such 
allocations, the actions to establish an ACL and sector allocations for 
wreckfish, and the actions to establish a daily vessel limit for the 
recreational possession of wreckfish and a closed season for the 
wreckfish recreational sector. Between 2005 and 2009, 2,012 vessels 
possessed for-hire dolphin-wahoo permits on average. These vessels are 
expected to be directly affected by the actions to establish ACLs and 
sector allocations for dolphin and wahoo, the action to prohibit sales 
of dolphin harvested under the bag limit by for-hire vessels, and the 
action to establish a recreational minimum size limit for dolphin. For-
hire permits do not distinguish charterboats from headboats and thus 
the specific number of charterboats with for-hire dolphin-wahoo permits 
cannot be estimated. The number of for-hire vessels that landed 
snapper-grouper or dolphin-wahoo during this time period also cannot be 
estimated based on currently available data.
    Producer surplus represents profit in the for-hire sector. However, 
producer estimates for snapper-grouper and dolphin-wahoo for-hire 
vessels are not currently available. A study on the for-hire sector in 
the Southeast Region presented two sets of average gross revenue 
estimates for the charter and headboat sectors in the South Atlantic. 
The first set of estimates was as follows: $51,000 for charterboats on 
the Atlantic coast of Florida; $60,135 for charterboats in North 
Carolina; $26,304 for charterboats in South Carolina; $56,551 for 
charterboats in Georgia; $140,714 for headboats in Florida; and 
$123,000 for headboats in the other South Atlantic states. The second 
set of estimates was as follows: $69,268 for charterboats and $299,551 
for headboats across all South Atlantic states. Because the second set 
of estimates were considerably higher than the first set, a new 
approach was employed that generated the following estimates of average 
gross revenue: $73,365 for charterboats in North Carolina, $32,091 for 
charterboats in South Carolina; $68,992 for charterboats in Georgia; 
and $261,990 for headboats across all South Atlantic states. Data for 
Florida were unavailable in the second set of estimates.
    Based on the figures above, all commercial fishing vessels expected 
to be directly affected by this proposed rule are determined, for the 
purpose of this analysis, to be small business entities. Similarly, and 
regardless of which estimates are used, based on these figures, all 
for-hire fishing vessels expected to be directly affected by this 
proposed rule are determined, for the purpose of this analysis, to be 
small business entities.
    For the action to establish sector allocations in the snapper-
grouper fishery, the economic effects to the commercial sector are 
estimated to be a loss of approximately $754,000 in gross revenue, 
representing a loss of approximately $1,030 in gross revenue per 
vessel. For the for-hire sector, effects on producer surplus cannot be 
estimated given available data. However, because the recreational ACL 
is being set above recent recreational landings, recreational landings 
are expected to increase. This increase in landings is expected to 
result in an increase of approximately $3.192 million in consumer 
surplus for the recreational sector, which in

[[Page 74762]]

turnsuggests that producer surplus will also increase for vessels in 
the for-hire sector.
    For the action to establish ACLs in the snapper-grouper fishery, 
except for the commercial wreckfish sector, the economic effects to the 
commercial sector are estimated to be a gain of approximately 
$2,134,725 in gross revenue, representing a gain of about $2,916 in 
gross revenue per vessel. For the for-hire sector, effects on producer 
surplus cannot be estimated given available data. However, because the 
recreational ACL is being set above recent recreational landings, 
recreational landings are expected to increase. This increase in 
landings is expected to result in a gain of approximately $16.72 
million in consumer surplus for the recreational sector, which in turn 
suggests that producer surplus for for-hire vessels will likewise 
increase, with the increase potentially being substantial.
    For the action to establish a sector allocation for wreckfish, the 
economic effects to the commercial sector are estimated to be a loss of 
approximately $29,000 in gross revenue, representing a loss of about 
$5,800 per vessel. For the for-hire sector, effects on producer surplus 
cannot be estimated given available data. However, because the 
recreational ACL is being set above recent recreational landings, 
recreational landings are expected to increase. This increase in 
landings is expected to result in a gain of approximately $31,000 in 
consumer surplus for the recreational sector, which in turn suggests 
that producer surplus may also increase for for-hire vessels.
    For the action to establish an ACL for wreckfish, the economic 
effects to the commercial sector are estimated to be a potential loss 
of approximately $4.07 million in gross revenue. However, losses in 
gross revenue overstate losses in profits. Moreover, the potential loss 
in commercial gross revenue significantly overstates the expected 
actual loss in gross revenue. The potential loss in gross revenue is 
based on a reduction in the wreckfish commercial quota from 2 million 
lb (909,091 kg) to 237,500 lb (107,955 kg). The commercial sector only 
harvested approximately 165,000 lb (75,000 kg) on average between 2005 
and 2009, which is below the proposed commercial quota. In addition, 
only 5 vessels have been harvesting wreckfish in recent years on 
average. It is highly unlikely these 5 vessels could generate landings 
of 2 million lb (909,091 kg). It is much more likely their landings 
will be closer to the proposed ACL, in which case the losses in gross 
revenue and profits may be minimal and possibly zero. However, because 
each wreckfish shareholder's annual allocation would be proportionally 
reduced as a result of the reduction in the commercial quota; it is 
possible that a few of these vessels' allocation of wreckfish would be 
reduced below their recent harvest levels, which would reduce their 
gross revenue and likely their profits.
    For the actions to establish a daily vessel limit for the 
recreational possession of wreckfish and a closed season for the 
wreckfish recreational sector, the direct economic effects are expected 
to be minimal given that a recreational sector does not currently exist 
and the action to establish a recreational ACL of only 12,500 lb (5,682 
kg).
    For the action to establish a jurisdictional allocation for black 
grouper, commercial gross revenue is expected to increase by 
approximately $44,300, or by approximately $61 per vessel. For the for-
hire sector, effects on producer surplus cannot be estimated given 
available data. However, because the recreational ACL is being set 
above recent recreational landings, recreational landings are expected 
to increase. This increase in landings is expected to result in a gain 
of approximately $291,600 in consumer surplus for the recreational 
sector, which in turn suggests that producer surplus for for-hire 
vessels would also increase.
    For the action to establish a sector allocation for black grouper, 
the economic effects to the commercial sector are estimated to be a 
gain of approximately $124,000 in gross revenue for 2012, representing 
a gain of about $170 in gross revenue per vessel. For the for-hire 
sector, effects on producer surplus cannot be estimated given available 
data. However, because the recreational ACL is being set above recent 
recreational landings, recreational landings are expected to increase. 
This increase in landings is expected to result in a gain of 
approximately $468,000 in consumer surplus for the recreational sector 
in 2012, which in turn suggests that producer surplus would also 
increase for for-hire vessels in 2012.
    For the action to establish an ACL for black grouper, the economic 
effects to the commercial sector are estimated to be a gain of 
approximately $538,000 in gross revenue, indicating a gain of about 
$735 in gross revenue per vessel. For the for-hire sector, effects on 
producer surplus cannot be estimated given available data. However, 
because the recreational ACL is being set above recent recreational 
landings, recreational landings are expected to increase. This increase 
in landings is expected to result in a gain of approximately $1.76 
million in consumer surplus for the recreational sector, which in turn 
suggests that producer surplus for for-hire vessels would likewise 
increase.
    For the action to establish a jurisdictional allocation for 
yellowtail snapper, commercial gross revenue is expected to increase by 
approximately $158,400, or by approximately $216 per vessel. For the 
for-hire sector, effects on producer surplus cannot be estimated given 
available data. However, because the recreational ACL is being set 
above recent recreational landings, recreational landings are expected 
to increase. This increase in landings is expected to result in a gain 
of approximately $601,200 in consumer surplus for the recreational 
sector, which in turn suggests that producer surplus for for-hire 
vessels would also increase.
    For the action to establish a jurisdictional allocation for mutton 
snapper, the economic effects to the commercial sector are estimated to 
be a loss of approximately $18,000 in gross revenue for 2012, 
representing a loss of about $25 in gross revenue per vessel. For the 
for-hire sector, effects on producer surplus cannot be estimated given 
available data. However, because the recreational ACL is being set 
above recent recreational landings, recreational landings are expected 
to increase. This increase in landings is expected to result in a loss 
of approximately $397,600 in consumer surplus for the recreational 
sector in 2012, which in turn suggests that producer surplus may also 
decrease for for-hire vessels in 2012.
    Thus, an increase in gross revenue of approximately $1.52 million, 
or approximately $2,080 per vessel, is expected as a result of all 
actions affecting commercial snapper-grouper vessels. Further, under 
all actions affecting for-hire snapper-grouper vessels, the expected 
increase in consumer surplus for the recreational sector is 
approximately $22.77 million. Although the effects on producer surplus 
for for-hire vessels cannot be estimated given available data, most of 
the recreational ACLs are being set significantly above recent 
recreational landings, and thus recreational landings are expected to 
increase. This increase in landings is expected to increase producer 
surplus, likely substantially, for for-hire vessels.
    For the action to establish a sector allocation for dolphin, the 
economic

[[Page 74763]]

effects to the commercial sector are estimated to be a loss of 
approximately $78,000 in gross revenue, representing a loss of about 
$130 in gross revenue per vessel. For the for-hire sector, effects on 
producer surplus cannot be estimated given available data. However, the 
recreational ACL is being set substantially above recent recreational 
landings, and thus recreational landings are expected to increase. This 
increase in landings is expected to result in a gain of at least $4.7 
million in consumer surplus for the recreational sector, which in turn 
suggests that producer surplus would also increase, possibly 
substantially, for for-hire vessels.
    For the action to establish an ACL for dolphin, the economic 
effects to the commercial sector are estimated to be a loss of 
approximately $78,000 in gross revenue. However, this loss is directly 
attributable to the proposed sector allocation, and thus no additional 
losses in gross revenue are expected as a result of this action. For 
the for-hire sector, effects on producer surplus cannot be estimated 
given available data. However, the recreational ACL is being set 
substantially above recent recreational landings, and thus recreational 
landings are expected to increase. This increase in landings is 
expected to result in a gain of at least $25.2 million in consumer 
surplus for the recreational sector, which in turn suggests that 
producer surplus would also increase, likely substantially, for for-
hire vessels.
    For the action to establish management measures for dolphin, a loss 
of $13,000 in gross revenue is expected as a result of the proposed 
commercial minimum size limit, representing a loss in gross revenue of 
approximately $22 per vessel. A loss in producer surplus to the for-
hire sector of approximately $15,000 is expected as a result of the 
proposed recreational minimum size limit for dolphin. Because it is 
likely this action would only affect the 134 vessels with for-hire 
dolphin-wahoo permits in South Carolina, the loss in producer surplus 
per for-hire vessel is approximately $112.
    The prohibition on bag limit sales by for-hire vessels is expected 
to result in a loss of approximately $71,000 in gross revenue, or by 
approximately $70 per for-hire vessel. Losses in gross revenue 
overstate losses in producer surplus. Thus, the expected loss in 
producer surplus per vessel would be less than $70.
    For the action to establish a sector allocation for wahoo, because 
commercial landings are not expected to change, no economic effects on 
the commercial sector are expected. For the for-hire sector, effects on 
producer surplus cannot be estimated given available data. However, the 
recreational ACL is being set above recent recreational landings, and 
thus recreational landings are expected to increase. This increase in 
landings is expected to result in a gain of at least $894,000 in 
consumer surplus for the recreational sector, which in turn suggests 
that producer surplus may also increase for for-hire vessels.
    For the action to establish an ACL for wahoo, because commercial 
landings are not expected to change, no economic effects on the 
commercial sector are expected. For the for-hire sector, effects on 
producer surplus cannot be estimated given available data. A gain of at 
least $894,000 in consumer surplus was estimated for the recreational 
sector. However, this gain is directly attributable to the proposed 
sector allocation, and thus no additional gains in producer surplus are 
expected as a result of this action.
    For the action to establish an ACL for golden crab, the economic 
effects to the commercial sector are estimated to be a gain of 
approximately $94,000 in gross revenue, representing a gain of 
approximately $18,800 in gross revenue per vessel.
    As a result of the information above, a reduction in profits for a 
substantial number of small entities is not expected. Because this 
rule, if implemented, is not expected to have a significant direct 
adverse economic effect on the profits of a substantial number of small 
entities, an initial regulatory flexibility analysis is not required 
and none has been prepared.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. This rule would not establish any new reporting or record-
keeping requirements. However, the AMs may constitute a new compliance 
requirement and are analyzed previously.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: November 23, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq.

    2. In Sec.  622.1, paragraph (b), Table 1, footnote 4 is revised to 
read as follows:


Sec.  622.1  Purpose and Scope.

* * * * *
    (b) * * *

Table 1.--FMPs Implemented Under Part 622

* * * * *
    \4\ Black sea bass and scup are not managed by the FMP or regulated 
by this part north of 35[deg]15.9' N. lat., the latitude of Cape 
Hatteras Light, NC.
* * * * *
    3. In Sec.  622.2, the definition for ``South Atlantic shallow-
water grouper (SASWG)'' is revised to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    South Atlantic shallow-water grouper (SASWG) means, in the South 
Atlantic, gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney.
* * * * *
    4. In Sec.  622.4, the first sentence in paragraph (a)(2)(vii) is 
revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (vii) Wreckfish. For a person aboard a vessel to be eligible for 
exemption from the bag limit for wreckfish in or from the South 
Atlantic EEZ, to fish under a quota for wreckfish in or from the South 
Atlantic EEZ, or to sell wreckfish in or from the South Atlantic EEZ, a 
commercial vessel permit for wreckfish and a commercial permit for 
South Atlantic snapper-grouper must have been issued to the vessel and 
must be on board. * * *
* * * * *
    5. In Sec.  622.5, paragraphs (a)(1)(iv)(C)(2) and (c)(5)(iii) are 
revised to read as follows:


Sec.  622.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (1) * * *
    (iv) * * *
    (C) * * *
    (2) Make available to an authorized officer upon request all 
records of

[[Page 74764]]

commercial offloadings, purchases, or sales of wreckfish.
* * * * *
    (c) * * *
    (5) * * *
    (iii) A dealer who has been issued a dealer permit for wreckfish, 
as required under Sec.  622.4(a)(4), must make available to an 
authorized officer upon request all records of commercial offloadings, 
purchases, or sales of wreckfish.
* * * * *
    6. In Sec.  622.15, paragraphs (c)(4) and (d)(3) and (4) are 
revised to read as follows:


Sec.  622.15  Wreckfish individual transferable quota (ITQ) system.

* * * * *
    (c) * * *
    (4) Wreckfish may not be possessed on board a fishing vessel that 
has been issued a commercial vessel permit for South Atlantic snapper-
grouper and a commercial vessel permit for wreckfish--
    (i) In an amount exceeding the total of the ITQ coupons on board 
the vessel; or
    (ii) That does not have on board logbook forms for that fishing 
trip, as required under Sec.  622.5(a)(1)(iv)(C)(1).
* * * * *
    (d) * * *
    (3) A wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish may be offloaded from a fishing 
vessel only between 8 a.m. and 5 p.m., local time.
    (4) If a wreckfish harvested by a vessel that has been issued a 
commercial vessel permit for South Atlantic snapper-grouper and a 
commercial vessel permit for wreckfish is to be offloaded at a location 
other than a fixed facility of a dealer who holds a dealer permit for 
wreckfish, as required under Sec.  622.4(a)(4), the wreckfish 
shareholder or the vessel operator must advise NMFS Office for Law 
Enforcement, Southeast Region, St. Petersburg, FL, by telephone (727) 
824-5344, of the location not less than 24 hours prior to offloading.
    7. In Sec.  622.35, paragraph (g)(1)(i) is revised, the first 
sentence in paragraph (j) is revised, and paragraph (p) is added to 
read as follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (g) * * *
    (1) * * *
    (i) No person may harvest pelagic sargassum in the South Atlantic 
EEZ between 36[deg]33'01.0'' N. lat. (directly east from the Virginia/
North Carolina boundary) and 34[deg] N. lat., within 100 nautical miles 
east of the North Carolina coast.
* * * * *
    (j) * * * During January through April each year, no person may 
fish for, harvest, or possess in or from the South Atlantic EEZ any 
SASWG (gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, and coney). * * *
* * * * *
    (p) Closures of the recreational sector for wreckfish. The 
recreational sector for wreckfish in or from the South Atlantic EEZ is 
closed from January 1 through June 30, and September 1 through December 
31, each year. During a closure, the bag and possession limit for 
wreckfish in or from the South Atlantic EEZ is zero.
    8. In Sec.  622.37, paragraph (e)(1)(iii) and paragraph (h) are 
revised to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (e) * * *
    (1) * * *
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers--12 inches (30.5 cm), TL.
* * * * *
    (h) Dolphin in the Atlantic off Florida, Georgia, and South 
Carolina--20 inches (50.8 cm), fork length.
    9. In Sec.  622.39, paragraph (d)(1)(viii) is revised and paragraph 
(d)(1)(x) is added to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (d) * * *
    (1) * * *
    (viii) South Atlantic snapper-grouper, combined--20. However, 
excluded from this 20-fish bag limit are tomtate, blue runner, 
ecosystem component species (specified in Table 4 of Appendix A to part 
622), and those specified in paragraphs (d)(1)(i) through (vii) and 
paragraphs (ix) and (x) of this section.
* * * * *
    (x) No more than one fish per vessel may be a wreckfish.
* * * * *
    10. In Sec.  622.42, the first sentence of paragraph (f) is revised 
to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 
237,500 lb (107,728 kg), round weight. * * *
* * * * *
    11. In Sec.  622.43, paragraph (a)(6) is removed and reserved and 
the heading of paragraph (a)(5) is revised to read as follows:


Sec.  622.43  Closures.

    (a) * * *
    (5) South Atlantic gag, black grouper, red grouper, greater 
amberjack, snowy grouper, golden tilefish, vermilion snapper, black sea 
bass, red porgy, and wreckfish. * * *
* * * * *
    12. In Sec.  622.45, the first sentence in paragraph (d)(8) and 
paragraphs (i)(2) and (i)(3) are revised to read as follows:


Sec.  622.45  Restrictions on sale/purchase.

* * * * *
    (d) * * *
    (8) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, graysby, or coney harvested 
from or possessed in the South Atlantic EEZ or, if harvested or 
possessed by a vessel for which a valid Federal commercial permit for 
South Atlantic snapper-grouper has been issued, harvested from the 
South Atlantic, i.e., in state or Federal waters. * * *
* * * * *
    (i) * * *
    (2) In addition to the provisions of paragraph (i)(1) of this 
section, a person may not sell dolphin or wahoo possessed under the bag 
limit harvested in the Atlantic EEZ by a vessel while it is operating 
as a charter vessel or headboat. A dolphin or wahoo harvested or 
possessed by a vessel that is operating as a charter vessel or headboat 
with a Federal charter vessel/headboat permit for Atlantic dolphin and 
wahoo may not be purchased or sold if harvested from the Atlantic EEZ.
    (3) Dolphin or wahoo harvested in the Atlantic EEZ may be purchased 
only by a dealer who has a permit for Atlantic dolphin and wahoo and 
only from a vessel authorized to sell dolphin or wahoo under paragraph 
(i)(1) of this section.
    13. In Sec.  622.49, the heading of Sec.  622.49 is revised; and 
paragraphs (b)(7) through (24) and paragraphs (e) through (g) are added 
to read as follows:


Sec.  622.49  Annual Catch Limits (ACLs) and Accountability Measures 
(AMs).

    (b) * * *
    (7) Black grouper--(i) Commercial sector. (A) If commercial 
landings for black grouper, as estimated by the SRD, reach or are 
projected to reach the applicable ACL in paragraph (b)(7)(i)(C) of this 
section, the AA will file a

[[Page 74765]]

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 
black grouper is prohibited and harvest or possession of this species 
in or from the South Atlantic EEZ is limited to the bag and possession 
limit. This bag and possession limit applies in the South Atlantic on 
board a vessel for which a valid Federal 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.
    (B) If commercial landings exceed the ACL, and black grouper are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (C) The applicable commercial ACLs, in round weight, are 90,575 lb 
(41,084 kg) for 2012, 94,571 lb (42,897 kg) for 2013, and 96,844 lb 
(43,928 kg) for 2014 and subsequent fishing years.
    (ii) Recreational sector. If recreational landings for black 
grouper, as estimated by the SRD, exceed the applicable 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 following recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year. However, the 
length of the recreational season will also not be reduced during the 
following fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary. The applicable recreational ACLs, in 
round weight, are 155,020 lb (70,316 kg) for 2012, 161,859 lb (73,418 
kg) for 2013, and 165,750 lb (75,183 kg) for 2014 and subsequent 
fishing years.
    (iii) Without regard to overfished status, if the combined 
commercial and recreational sector ACLs, as estimated by the SRD, are 
exceeded in a fishing year, then during the following fishing year, the 
AA will file a notification with the Office of the Federal Register 
that both the commercial and recreational sectors will not have an 
increase in their respective sector ACLs during that following fishing 
year. The applicable combined commercial and recreational sector ACLs, 
in round weight are 245,595 lb (111,400 kg) for 2012, 256,430 lb 
(116,315 kg) for 2013, and 262,594 lb (119,111 kg) for 2014 and 
subsequent fishing years.
    (8) Deep-water complex (including yellowedge grouper, blueline 
tilefish, silk snapper, misty grouper, queen snapper, sand tilefish, 
black snapper, and blackfin snapper)--(i) Commercial sector. (A) If 
commercial landings for the deep-water complex, as estimated by the 
SRD, reach or are projected to reach the commercial ACL of 343,869 lb 
(155,976 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 deep-
water complex species is prohibited and harvest or possession of these 
species in or from the South Atlantic EEZ is limited to the bag and 
possession limit. This bag and possession limit applies in the South 
Atlantic on board a vessel for which a valid Federal 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.
    (B) If commercial landings exceed the ACL, 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 ACL for that 
following year by the amount of the overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for the deep-
water complex, as estimated by the SRD, exceed the recreational ACL of 
332,039 lb (150,610 kg), round weight, then during the following 
fishing year, recreational landings will be monitored for a persistence 
in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (9) Scamp--(i) Commercial sector. (A) If commercial landings for 
scamp, as estimated by the SRD, reach or are projected to reach the 
commercial ACL of 341,636 lb (154,963 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 scamp is prohibited and harvest or possession of this species in or 
from the South Atlantic EEZ is limited to the bag and possession limit. 
This bag and possession limit applies in the South Atlantic on board a 
vessel for which a valid Federal 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.
    (B) If commercial landings exceed the ACL, and scamp are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year to reduce the ACL for that following year by the amount of the 
overage in the prior fishing year.
    (ii) Recreational sector. If recreational landings for scamp, as 
estimated by the SRD, exceed the recreational ACL of 150,936 lb (68,463 
kg), round weight, then during the following fishing year, recreational 
landings will be monitored for a persistence in increased landings and, 
if necessary, the AA will file a notification with the Office of the 
Federal Register, to reduce the length of the following recreational 
fishing season by the amount necessary to ensure recreational landings 
do not exceed the recreational ACL in the following fishing year. 
However, the length of the recreational season will also not be reduced 
during the following fishing year if the RA determines, using the best 
scientific information available, that a reduction in the length of the 
following fishing season is unnecessary.
    (10) Other SASWG combined (including red hind, rock hind, 
yellowmouth grouper, yellowfin grouper, coney, and graysby)--(i) 
Commercial sector. (A) If commercial landings for other SASWG, as 
estimated by the SRD, reach or are projected to reach the commercial 
ACL of 49,488 lb (22,447 kg), round weight, the AA will file a 
notification with the Off