Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery and Golden Crab Fishery of the South Atlantic, and Dolphin and Wahoo Fishery of the Atlantic, 58448-58461 [2015-24576]
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Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules
flexibility analysis is not required and
has not been prepared. In the event that
reclassification of a fishery to Category
I or II results in a TRP, economic
analyses of the effects of that TRP would
be summarized in subsequent
rulemaking actions.
This proposed rule contains
collection-of-information requirements
subject to the Paperwork Reduction Act.
The collection of information for the
registration of individuals under the
MMPA has been approved by the Office
of Management and Budget (OMB)
under OMB control number 0648–0293
(0.15 hours per report for new
registrants and 0.09 hours per report for
renewals). The requirement for
reporting marine mammal mortalities or
injuries has been approved by OMB
under OMB control number 0648–0292
(0.15 hours per report). These estimates
include the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding these
reporting burden estimates or any other
aspect of the collections of information,
including suggestions for reducing
burden, to NMFS and OMB (see
ADDRESSES and SUPPLEMENTARY
INFORMATION).
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866.
An environmental assessment (EA)
was prepared under the National
Environmental Policy Act (NEPA) in
1995 and 2005. The 1995 EA examined
the effects of regulations implementing
section 118 of the 1994 Amendments of
the MMPA on the affected environment.
The 2005 EA analyzed the
environmental impacts of continuing
the existing scheme (as described in the
1995 EA) for classifying fisheries on the
LOF. The 1995 EA and the 2005 EA
concluded that implementation of
MMPA section 118 regulations would
not have a significant impact on the
human environment. NMFS reviewed
the 2005 EA in 2009. NMFS concluded
that because there were no changes to
the process used to develop the LOF
and implement section 118 of the
MMPA, there was no need to update the
2005 EA. This rule would not change
NMFS’ current process for classifying
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fisheries on the LOF; therefore, this rule
is not expected to change the analysis or
conclusion of the 2005 EA and FONSI,
and no update is needed. If NMFS takes
a management action, for example,
through the development of a TRP,
NMFS would first prepare an
environmental document, as required
under NEPA, specific to that action.
This proposed rule would not affect
species listed as threatened or
endangered under the Endangered
Species Act (ESA) or their associated
critical habitat. The impacts of
numerous fisheries have been analyzed
in various biological opinions, and this
rule will not affect the conclusions of
those opinions. The classification of
fisheries on the LOF is not considered
to be a management action that would
adversely affect threatened or
endangered species. If NMFS takes a
management action, for example,
through the development of a TRP,
NMFS would consult under ESA section
7 on that action.
This proposed rule would have no
adverse impacts on marine mammals
and may have a positive impact on
marine mammals by improving
knowledge of marine mammals and the
fisheries interacting with marine
mammals through information collected
from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule would not affect
the land or water uses or natural
resources of the coastal zone, as
specified under section 307 of the
Coastal Zone Management Act.
References
Allen, B.M. and R.P. Angliss, editors. 2015.
Alaska Marine Mammal Stock
Assessments, 2014. NOAA Tech. Memo.
NMFS–AFSC–301. 270 p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R.
Lang, K.A. Forney, J. Baker, B. Hanson,
K Martien, M.M. Muto, M.S. Lowry, J.
Barlow, D. Lynch, L. Carswell, R.L.
Brownell Jr., D.K. Mattila, and M.C. Hill.
2015. U.S. Pacific Marine Mammal Stock
Assessments: 2014. NOAA Technical
Memorandum NOAA–TM–NMFS–
SWFSC–549. 78 p.
Garrison, L.P. and Stokes, L. 2014. Estimated
Bycatch of Marine Mammals and Sea
Turtles in U.S. Atlantic Pelagic Longline
Fleet During 2013. NOAA Technical
Memorandum NOAA–NMFS–SEFSC–
667: 6lp.
McCracken, M.L. Assessment of Incidental
Interactions with Marine Mammals in
the Hawaii Deep and Shallow Set
Fisheries from 2008 through 2012. NMFS
Pacific Islands Fisheries Science Center,
PIFSC Internal Report IR–14–006. 1 p. +
Excel spreadsheet.
Waring, G.T., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2015. U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stocks Assessments, 2014.
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NOAA Technical Memorandum NOAA–
NE–231. 355 p.
Dated: September 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–24638 Filed 9–28–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819686–5840–01]
RIN 0648–BE38
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery and Golden Crab
Fishery of the South Atlantic, and
Dolphin and Wahoo Fishery of the
Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendment 34 to the Fishery
Management Plan (FMP) for the
Snapper-Grouper Fishery of the South
Atlantic Region, Amendment 9 to the
FMP for the Golden Crab Fishery of the
South Atlantic Region, and Amendment
8 to the FMP for the Dolphin and
Wahoo Fishery of the Atlantic;
collectively referred to as the Generic
Accountability Measures (AM) and
Dolphin Allocation Amendment
(Generic AM Amendment), as prepared
and submitted by the South Atlantic
Fishery Management Council (Council).
If implemented, this proposed rule
would revise the commercial and
recreational AMs for numerous snappergrouper species and golden crab. This
proposed rule would also revise
commercial and recreational sector
allocations for dolphin in the Atlantic.
The proposed actions are intended to
make the AMs consistent for snappergrouper species addressed in this
proposed rule and for golden crab, and
revise the allocations between the
commercial and recreational sectors for
dolphin.
DATES: Written comments must be
received on or before October 29, 2015.
ADDRESSES: You may submit comments
on the proposed rule, identified by
SUMMARY:
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Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules
‘‘NOAA–NMFS–2013–0181’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic comments via the Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130181, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit all written comments
to Mary Janine Vara, NMFS Southeast
Regional Office (SERO), 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of the Generic AM
Amendment, which includes an
environmental assessment, initial
regulatory flexibility analysis (IRFA),
regulatory impact review, and fishery
impact statement, may be obtained from
www.regulations.gov or the SERO Web
site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Mary Janine Vara, NMFS SERO,
telephone: 727–824–5305, or email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic is managed under the FMP for
the Snapper-Grouper Fishery of the
South Atlantic Region (SnapperGrouper FMP). The golden crab fishery
in the South Atlantic is managed under
the FMP for the Golden Crab Fishery of
the South Atlantic Region (Golden Crab
FMP). The dolphin and wahoo fishery
in the Atlantic is managed under the
FMP for the Dolphin and Wahoo
Fishery of the Atlantic (Dolphin Wahoo
FMP). The FMPs were prepared by the
Council and implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
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overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
that 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. To further this goal, the
Magnuson-Stevens Act requires fishery
managers to minimize bycatch and
bycatch mortality to the extent
practicable.
Management Measures Contained in
This Proposed Rule
Modifications to Commercial and
Recreational AMs for Snapper-Grouper
Species and Golden Crab
This proposed rule would revise the
AMs for golden tilefish, snowy grouper,
gag, red grouper, black grouper, scamp,
the other shallow-water grouper
complex (SASWG: red hind, rock hind,
yellowmouth grouper, yellowfin
grouper, coney, and graysby), greater
amberjack, the other jacks complex
(lesser amberjack, almaco jack, and
banded rudderfish), bar jack, yellowtail
snapper, mutton snapper, the other
snappers complex (cubera snapper, gray
snapper, lane snapper, dog snapper, and
mahogany snapper), gray triggerfish,
wreckfish (recreational sector), Atlantic
spadefish, hogfish, red porgy, the other
porgies complex (jolthead porgy,
knobbed porgy, whitebone porgy, scup,
and saucereye porgy), and golden crab
(commercial sector).
Currently, the snapper-grouper
species and golden crab addressed in
this proposed rule have slightly
different AMs in place compared to
other snapper-grouper species. This
proposed rule would modify the AMs
for these species, including those
identified in the species complexes, to
make them consistent with the majority
of the AMs already in place for other
snapper-grouper species. Specifically,
the proposed rule would update the
recreational AMs to allow NMFS to
close recreational sectors when the
recreational annual catch limits (ACLs)
are met or are projected to be met,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. The proposed
rule would also modify the AMs to
trigger post-season ACL reductions in
the commercial and recreational sectors
in the year following an ACL overage
under certain situations.
If the recreational sector exceeds its
ACL, NMFS would monitor the
recreational sector for persistence in
increased landings during the following
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58449
fishing year. In the following fishing
year, if the best scientific information
available determines it necessary, NMFS
would publish a notice in the Federal
Register to reduce the length of fishing
season and the recreational ACL by the
amount of the recreational ACL overage
if the species, or one or more species in
a species complex, is overfished and if
the total ACL (commercial ACL and
recreational ACL) was exceeded in the
prior fishing year.
If the commercial sector exceeds its
ACL, NMFS would publish a notice in
the Federal Register to reduce the
commercial ACL in the following
fishing year by the amount of the
commercial ACL overage if the species,
or one or more species in a species
complex, is overfished and if the total
ACL (commercial ACL and recreational
ACL) was exceeded in the prior fishing
year.
Modifying the AMs in this manner
would create regulatory consistency
among the majority of federally
managed species in the South Atlantic
region.
Modifications to Commercial and
Recreational Sector Allocations for
Dolphin
The Council has expressed concern
that the variability in commercial
annual landings of dolphin could result
in the commercial ACL being exceeded
in the future, and that the recreational
sector for dolphin has not come close to
reaching its ACL in recent years.
Therefore, in the Generic AM
Amendment, the Council assessed
allocation methods for revising the
fishing sector allocations for dolphin.
The current sector allocations for
dolphin are 7.54 percent for the
commercial sector and 92.46 percent for
the recreational sector. The Council
chose these allocations using a sector
allocation formula where 50 percent of
the sector allocations are based on a
longer-term landings series (1999–2008)
and 50 percent of the sector allocations
are based on a shorter time series (2006–
2008). This results in the current ACL
of 1,157,001 lb (524,807 kg), round
weight, for the commercial sector and
14,187,845 lb (6,435,498 kg), round
weight, for the recreational sector.
In the Generic AM Amendment, the
Council chose a sector allocation
formula for dolphin based on the
average of the percentages of the total
catch from 2008–2012. Thus, this
proposed rule would revise the
commercial sector allocation to be 10
percent with an ACL of 1,534,485 lb
(696,031 kg), round weight, and the
recreational sector allocation for
dolphin to be 90 percent with an ACL
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Federal Register / Vol. 80, No. 188 / Tuesday, September 29, 2015 / Proposed Rules
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
of 13,810,361 lb (6,264,274 kg), round
weight. This change in sector allocation
would constitute an ACL increase for
the commercial sector and an ACL
decrease for the recreational sector of
377,484 lb (171,224 kg), round weight.
Other Changes to the Codified Text
This proposed rule would clarify the
AM provisions in § 622.193 (the ACLs/
AMs section of the regulations for South
Atlantic snapper-grouper species) that
would reduce a season length in the
following recreational fishing year.
These clarifications would aid law
enforcement efforts. For those snappergrouper species that have a post-season
AM if a recreational ACL is exceeded,
under certain conditions NMFS would
reduce the season length (i.e.,
implement a closure) for that species or
species complex in the following fishing
year by publishing an AM notification
and closure date for the recreational
sector for that species or species
complex in the Federal Register. In this
proposed rule, NMFS would add a
closure provision to the regulations for
these situations. Specifically, the
provision states that when the closure
becomes effective, the bag and
possession limits for the applicable
species or species complex in or from
the South Atlantic EEZ would be
reduced to zero.
In addition, this proposed rule would
remove and consolidate language in
§ 622.190(a)(6) for the red porgy
commercial quota from past fishing
years that is no longer applicable.
Finally, this proposed rule would fix
an error in § 622.280 for Atlantic
dolphin and wahoo. Atlantic dolphin
and wahoo are managed off the Atlantic
states (Maine through the east coast of
Florida) via the Dolphin Wahoo FMP;
however, in the AMs section of the
codified text, the closure provisions
currently apply in the South Atlantic
EEZ only. This inadvertent error was
implemented in the rulemaking for the
Comprehensive ACL Amendment (77
FR 15916, March 16, 2011). This
proposed rule would change ‘‘South
Atlantic EEZ’’ to ‘‘Atlantic EEZ’’ in the
AMs for dolphin and wahoo in
paragraphs (a)(1)(i) and (b)(1)(i) of
§ 622.280, which is consistent with the
FMP for management of these species
from Maine through the east coast of
Florida.
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 Amendment 34 to the FMP for the
Snapper-Grouper Fishery, Amendment
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9 to the FMP for the Golden Crab
Fishery, Amendment 8 to the FMP for
the Dolphin and Wahoo Fishery, other
provisions of the Magnuson-Stevens
Act, and other applicable laws, subject
to further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an IRFA, as required
by section 603 of the Regulatory
Flexibility Act, for this proposed rule.
The IRFA describes the economic
impact this proposed rule, if adopted,
would have on small entities. A
description of the action, why it is being
considered, the objectives of, and legal
basis for this action are contained at the
beginning of this section in the
preamble and in the SUMMARY section of
the preamble. A copy of the full analysis
is available from NMFS (see
ADDRESSES). A summary of the IRFA
follows.
The Magnuson-Stevens Act provides
the statutory basis for this proposed
rule. No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, this
proposed rule does not implicate the
Paperwork Reduction Act.
NMFS expects this proposed rule, if
implemented, to directly affect federally
permitted commercial fishermen
harvesting snapper-grouper species or
golden crab in the South Atlantic.
NMFS also expects this proposed rule to
affect federally permitted commercial
fishermen harvesting dolphin in the
South Atlantic and off states north of
North Carolina (northeastern states).
The Small Business Administration
established size criteria for all major
industry sectors in the U.S. including
fish harvesters and for-hire operations.
A business involved in fish harvesting
is classified as a small business if
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and its
combined annual receipts are not in
excess of $20.5 million (NAICS code
114111, finfish fishing) for all of its
affiliated operations worldwide.
Charter vessels and headboats (forhire vessels) sell fishing services, which
include the harvest of any species
considered in this proposed rule, to
recreational anglers. These vessels
provide a platform for the opportunity
to fish and not a guarantee to catch or
harvest any species, though
expectations of successful fishing,
however defined, likely factor into the
decision to purchase these services.
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Changing the allowable harvest of a
species, including in-season closures
and post-season ACL overage
adjustments, only defines what can be
kept and does not explicitly prevent the
continued offer of for-hire fishing
services. In response to a change in the
allowable harvest, including a zero-fish
limit or fishery closure, fishing for other
species could continue. Because the
changes considered in this proposed
rule would not directly alter the service
sold by these vessels, this proposed rule
would not directly apply to or regulate
their operations. For-hire vessels would
continue to be able to offer their core
product, which is an attempt to ‘‘put
anglers on fish,’’ provide the
opportunity for anglers to catch
whatever their skills enable them to
catch, and keep those fish that they
desire to keep and are legal to keep. Any
change in demand for these fishing
services and associated economic affects
as a result of changing a quota or fishery
closures would be a consequence of
behavioral change by anglers, secondary
to any direct effect on anglers and,
therefore, an indirect effect of the
proposed regulatory action. Because the
effects on for-hire vessels would be
indirect, they fall outside the scope of
the RFA. Recreational anglers, who may
be directly affected by the changes in
this proposed rule, are not small entities
under the RFA.
NMFS has not identified any other
small entities that would be expected to
be directly affected by this proposed
rule.
The snapper-grouper fishery is a
multi-species fishery and vessels
generally land many species on the
same trips. Vessels in the dolphin
fishery also catch other species jointly
with dolphin. The golden crab fishery is
more specialized than either the
snapper-grouper or dolphin fishery.
Because of the possibility that some
vessels land only species not affected by
this proposed rule, the following
provides a description of vessels and
their revenues by focusing on the key
species (black grouper, mutton snapper,
yellowtail snapper, greater amberjack,
red porgy, gag, golden tilefish, red
grouper, snowy grouper, wreckfish,
golden crab, and dolphin) addressed in
this proposed rule. Hogfish, a recently
assessed species, is not included here as
a key species for this analysis as it is
being addressed by the Council in
Amendment 37. However, revenue
approximations for vessels landing
hogfish are noted below. The number of
vessels and revenues (2013 dollars) are
annual averages for the period 2009
through 2013, unless otherwise noted.
Data for the years 2009 through 2013
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were the latest complete five-year data
available when the Council considered
the actions in this proposed rule.
Approximately 188 vessels landing at
least 1 lb (0.45 kg) of black grouper
generated approximately $54,000 in
revenues from black grouper and other
species; 266 vessels landing at least 1 lb
(0.45 kg) of mutton snapper had
revenues of approximately $51,000 from
mutton snapper and other species; 252
vessels landing at least 1 lb (0.45 kg)
yellowtail snapper had revenues of
approximately $38,000 from yellowtail
snapper and other species; 295 vessels
landing at least 1 lb (0.45 kg) of greater
amberjack had revenues of
approximately $53,000 from greater
amberjack and other species; 191 vessels
landing at least 1 lb (0.45 kg) of red
porgy had revenues of approximately
$60,000 from red porgy and other
species; 273 vessels landing at least 1 lb
(0.45 kg) of gag had revenues of
approximately $49,000 from gag and
other species; 63 vessels landing at least
1 lb (0.45 kg) of golden tilefish had
revenues of approximately $68,000 from
golden tilefish and other species; 278
vessels landing at least 1 lb (0.45 kg) of
red grouper had revenues of
approximately $50,000 from red grouper
and other species; 95 vessels landing at
least 1 lb (0.45 kg) of red snapper had
revenues of approximately $57,000 from
red snapper and other species; 138
vessels landing at least 1 lb (0.45 kg) of
snowy grouper had revenues of
approximately $78,000 from snowy
grouper and other species; and 488
vessels landing at least 1 lb (0.45 kg) of
dolphin had revenues of approximately
$64,000 from dolphin and other species.
Revenues for vessels landing at least 1
lb (0.45 kg) of wreckfish or golden crab
can be approximated based on total
revenues from landings of those species
and the number of permits. As of
August 6, 2015, there were five
wreckfish permits and 11 golden crab
permits. For fishing years 2009/2010
through 2013/2014, annual revenues
from wreckfish landings averaged
$752,881, implying average annual
revenue per wreckfish vessel of
approximately $188,000. From 2009
through 2013, annual revenues from
golden crab landings averaged
$1,419,843, implying average annual
revenue per golden crab vessel of
approximately $142,000. Most of the
unassessed species (almaco jack, banded
rudderfish, lesser amberjack, gray
snapper, lane snapper, cubera snapper,
dog snapper, mahogany snapper, white
grunt, sailors choice, tomtate, margate,
red hind, rock hind, yellowmouth
grouper, yellowfin grouper, coney,
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graysby, jolthead porgy, knobbed porgy,
saucereye porgy, scup, whitebone porgy,
Atlantic spadefish, bar jack, scamp, and
gray triggerfish), and hogfish had lower
dockside revenues than many of the key
species. In fact, the highest dockside
values of an unassessed species (scamp)
were much lower than those of at least
one assessed species (yellowtail
snapper). Therefore, NMFS expects that
revenues of vessels landing at least one
pound of an unassessed species or
hogfish would fall within the range of
vessel revenues described above.
Some vessels, other than those in the
golden crab fishery, may have caught
and landed a combination of the 12 key
species, hogfish, and unassessed
species, and revenues therefrom are
included in the foregoing estimates.
Vessels that caught and landed any of
the species addressed in this proposed
rule may also operate in other fisheries,
the revenues of which are not known
and are not reflected in these totals.
Based on the revenue information
provided above, all commercial vessels
expected to be affected by this proposed
rule are assumed to be small entities.
Because all entities expected to be
affected by this proposed rule are
assumed to be small entities, NMFS has
determined that this proposed rule
would affect a substantial number of
small entities. However, the issue of
disproportionate effects on small versus
large entities does not arise in the
present case.
Designating a species to be overfished
presupposes a stock assessment has
been completed, implying that the
payback action, i.e., a reduction in the
following year’s catch limit or quota by
the amount of an overage, in the
proposed rule would not apply to
unassessed species. Therefore, the
harvest of unassessed species and
attendant economic benefits would
remain unaffected by the proposed rule.
NMFS notes that a stock assessment
underway for gray triggerfish, an
unassessed species, is expected to be
completed in 2016. Of the assessed
species subject to the AM action in this
proposed rule, only red porgy and
snowy grouper are considered
overfished. The recent stock assessment
for hogfish defined three separate
stocks, one of which is considered
overfished and undergoing overfishing.
Amendment 37 will address issues
specifically related to hogfish. Since
2009, the commercial sector exceeded
its allocation for red porgy in 2011 and
2013 by less than 3 percent each year.
On the other hand, recreational landings
of red porgy have been well below the
sector’s allocation. Recreational
landings of red porgy were 51 percent
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in 2012 and 48 percent in 2013 of the
recreational sector’s ACL. Based on past
and recent landings history, it is
unlikely that the total red porgy ACL
(sum of commercial and recreational
sector ACLs) would be reached in the
near future, so the payback action in
this proposed rule would not be
expected to affect harvesters of red
porgy in the short term. The case with
snowy grouper is slightly different from
the other overfished species. The
commercial ACL was exceeded by less
than 10 percent in 2012, 2013, and 2014
while the recreational ACL was
exceeded by more than 200 percent in
2012 and 2013. For the 2014 fishing
season, recreational harvest of snowy
grouper was closed on June 7, 2014.
Based on landings history, it is likely
that the payback action for snowy
grouper in this proposed rule would
adversely affect the profits of
commercial vessels. The amount of
payback for overages and resulting
profit loss to the commercial vessels
cannot be estimated. However, current
regulations enable NMFS to implement
a snowy grouper in-season closure for
the commercial sector and in-season
monitoring and possible closure for the
recreational sector if the respective
sector’s ACL is reached or projected to
be reached. In addition, this rule
proposes to implement an in-season
closure for the snowy grouper
recreational sector once the sector’s ACL
is reached or projected to be reached.
These current or proposed measures
would be expected to limit the amount
of overage, meaning that the resulting
loss in profits to commercial vessels due
to the payback provision should be
small. The proposed commercial and
recreational sector re-allocation of the
ACL for dolphin would increase the
share of the commercial sector at the
expense of the recreational sector. In
theory, this would tend to increase the
revenues or profits of commercial
vessels and potentially reduce the
revenues or profits of for-hire vessels. In
practice, commercial vessels are not
expected to experience any profit
changes in the near-term based on
historical landings for the sector from
2009 through 2013. Relative to the
proposed new sector allocations, based
on applying the proposed allocation
ratios to the current total ACL,
commercial landings of dolphin (based
on 2009–2013 commercial landings)
would range from 33 percent to 80
percent of the sector’s ACL. In the years
2009 through 2013, the highest landings
occurred in 2009 and the lowest in
2013. However, commercial fishing for
dolphin closed on June 30, 2015, when
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the commercial sector reached its ACL.
If future commercial landings of
dolphin were equal to or greater than
they were in 2015, the proposed
allocation ratio would be expected to
increase the revenues, and possibly
profits, of commercial vessels. As noted
earlier, for-hire vessels would only be
affected indirectly by the proposed rule.
The following discussion describes
the alternatives that were not selected as
preferred by the Council.
Four alternatives, including the
preferred alternative (as described in the
preamble), were considered for reducing
the following year’s commercial ACL by
the amount of the commercial overage.
The first alternative, the no-action
alternative, would not impose a payback
provision for gag, golden tilefish, red
snapper, snowy grouper, wreckfish, and
golden crab while retaining the payback
provision for the other species
addressed in this action. This
alternative would not address the need
to create a consistent regulatory
environment while preventing
unnecessary negative socio-economic
impacts, and ensure overfishing does
not occur in accordance with the
provisions set forth in the MagnusonStevens Act. The second alternative
would require a payback for overages
only if the species is overfished, and the
third alternative would require a
payback only if the combined total of
commercial and recreational ACLs is
exceeded. These two alternatives are
more restrictive than the preferred
alternative and, therefore, would be
expected to have potentially larger
adverse short-term economic effects on
commercial entities than the preferred
alternative.
Because the commercial and
recreational sector re-allocation of the
ACL for dolphin would not be expected
to result in any negative effects on any
directly affected entities, the issue of
significant alternatives to reduce any
significant negative effects is not
relevant.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
List of Subjects in 50 CFR Part 622
Accountability measure, Annual catch
limit, Dolphin, Fisheries, Fishing,
Golden crab, Snapper-grouper, South
Atlantic.
Dated: September 17, 2015.
Eileen Sobeck,
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:
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PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, 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 § 622.190, revise paragraph (a)(6)
to read as follows:
■
§ 622.190
Quotas.
*
*
*
*
*
(a) * * *
(6) Red porgy—157,692 lb (71,528 kg),
gutted weight; 164,000 lb (74,389 kg),
round weight.
*
*
*
*
*
■ 3. In § 622.193, revise paragraphs (a)
through (d), (g), (i), (j) through (r), and
(t) through (x) to read as follows:
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) Golden tilefish—(1) Commercial
sector—(i) Hook-and-line component. If
commercial landings for golden tilefish,
as estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(2)(ii), the AA will file a
notification with the Office of the
Federal Register to close the hook-andline component of the commercial
sector for the remainder of the fishing
year. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) Longline component. If
commercial landings for golden tilefish,
as estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(2)(iii), the AA will file a
notification with the Office of the
Federal Register to close the longline
component of the commercial sector for
the remainder of the fishing year. After
the commercial ACL for the longline
component is reached or projected to be
reached, golden tilefish may not be
fished for or possessed by a vessel with
a golden tilefish longline endorsement.
Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(iii) If commercial landings for golden
tilefish, as estimated by the SRD, exceed
the commercial ACL (including both the
hook-and-line and longline component
ACLs) specified in § 622.190(a)(2)(i),
and the combined commercial and
recreational ACL of 558,036 lb (253,121
kg), gutted weight, 625,000 lb (283,495
kg), round weight, is exceeded during
the same fishing year, and golden
tilefish are overfished based on the most
recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification
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with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for golden tilefish,
as estimated by the SRD, reach or are
projected to reach the recreational ACL
of 3,019 fish, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for golden
tilefish, as estimated by the SRD, exceed
the recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if the species is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 558,036 lb (253,121 kg), gutted
weight, 625,000 lb (285,495 kg), round
weight, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for golden
tilefish in or from the South Atlantic
EEZ are zero.
(b) Snowy grouper—(1) Commercial
sector—(i) If commercial landings for
snowy grouper, as estimated by the
SRD, reach or are projected to reach the
commercial ACL (commercial quota)
specified in § 622.190(a)(1), 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. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) If commercial landings for snowy
grouper, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL specified in § 622.193(b)(1)(iii) is
exceeded, and snowy grouper are
overfished based on the most recent
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Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(iii) The combined commercial and
recreational ACL for snowy grouper is
139,098 lb (63,094 kg), gutted weight,
164,136 lb (74,451 kg), round weight, for
2015; 151,518 lb (68,727 kg), gutted
weight, 178,791 lb (81,098 kg), round
weight, for 2016; 163,109 lb (73,985 kg),
gutted weight, 192,469 lb (87,302 kg),
round weight, for 2017; 173,873 lb
(78,867 kg), gutted weight, 205,170 lb
(93,064 kg), round weight, for 2018;
185,464 lb (84,125 kg), gutted weight,
218,848 lb (99,268 kg), round weight, for
2019 and subsequent years.
(2) Recreational sector—(i) If
recreational landings for snowy grouper,
as estimated by the SRD, reach or are
projected to reach the recreational ACL,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such
notification, the bag and possession
limits for snowy grouper in or from the
South Atlantic EEZ are zero. The
recreational ACL for snowy grouper is
4,152 fish for 2015; 4,483 fish for 2016;
4,819 fish for 2017, 4,983 fish for 2018;
5,315 fish for 2019 and subsequent
fishing years.
(ii) If recreational landings for snowy
grouper, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if snowy
grouper are overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, and if the combined
commercial and recreational ACL
specified in § 622.193(b)(1)(iii) is
exceeded during the same fishing year.
NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for snowy grouper in or from the
South Atlantic EEZ are zero.
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(c) Gag—(1) Commercial sector—(i) If
commercial landings for gag, as
estimated by the SRD, reach or are
projected to reach the commercial quota
specified in § 622.190(a)(7), the AA will
file a notification with the Office of the
Federal Register to close the commercial
sector for gag for the remainder of the
fishing year. Applicable restrictions
after a commercial quota closure are
specified in § 622.190(c).
(ii) If the commercial landings for gag,
as estimated by the SRD, exceed the
commercial ACL specified in
§ 622.193(c)(1)(iii), and the combined
commercial and recreational ACL
specified in § 622.193(c)(1)(iv), is
exceeded during the same fishing year,
and gag are overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, the AA will file a
notification with the Office of the
Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(iii) The commercial ACL for gag is
322,677 lb (146,364 kg), gutted weight,
380,759 lb (172,709 kg), round weight,
for 2015; 325,100 lb (147,463 kg), gutted
weight, 383,618 lb (174,006 kg), round
weight, for 2016; 345,449 lb (197,516
kg), gutted weight, 407,630 lb (184,898
kg), round weight, for 2017; 362,406 lb
(164,385 kg), gutted weight, 427,639 lb
(193,974 kg), round weight, for 2018;
and 374,519 lb (169,879 kg), gutted
weight, 441,932 lb (200,457 kg), round
weight, for 2019 and subsequent fishing
years.
(iv) The combined commercial and
recreational ACL for gag is 632,700 lb
(286,988 kg), gutted weight, 746,586 lb
(338,646 kg), round weight, for 2015;
637,451 lb (289,143 kg), gutted weight,
752,192 lb (341,189 kg), round weight,
for 2016; 677,351 lb (307,241 kg), gutted
weight, 799,274 lb (362,545 kg), round
weight, for 2017; 710,600 lb (322,323
kg), gutted weight, 838,508 lb (380,341
kg), round weight, for 2018; and 734,351
lb (333,096 kg), gutted weight, 866,534
lb (393,053 kg), round weight, for 2019
and subsequent fishing years.
(2) Recreational sector—(i) If
recreational landings for gag, as
estimated by the SRD, reach or are
projected to reach the recreational ACL,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such
notification, the bag and possession
limits for gag in or from the South
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Fmt 4702
Sfmt 4702
58453
Atlantic EEZ are zero. The recreational
ACL for gag is 310,023 lb (148,025 kg),
gutted weight, 365,827 (165,936 kg),
round weight, for 2015; 312,351 lb
(149,137 kg), gutted weight, 368,574 lb
(175,981 kg), round weight, for 2016;
331,902 lb (158,472 kg), gutted weight,
391,644 lb (186,997 kg), round weight,
for 2017; 348,194 lb (166,251 kg), gutted
weight, 410,869 lb (196,176 kg), round
weight, for 2018; and 359,832 lb
(171,807 kg), gutted weight, 424,602 lb
(202,733 kg), round weight, for 2019 and
subsequent fishing years.
(ii) If recreational landings for gag, as
estimated by the SRD, exceed the
recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if the species is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL specified in § 622.193(c)(1)(iv) is
exceeded during the same fishing year.
NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for gag in or from the South
Atlantic EEZ are zero.
(d) Red grouper—(1) Commercial
sector—(i) If commercial landings for
red grouper, as estimated by the SRD,
reach or are projected to reach the
commercial ACL of 343,200 lb (155,673
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 red grouper is prohibited and harvest
or possession of red grouper in or from
the South Atlantic EEZ is limited to the
bag and possession limits. These bag
and possession limits apply in the
South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If the commercial landings for red
grouper, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL of 780,000 lb (353,802 kg), round
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weight, is exceeded during the same
fishing year, and the species is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL in the
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for red grouper, as
estimated by the SRD, are projected to
reach the recreational ACL of 436,800 lb
(198,129 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for red
grouper in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for red
grouper, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
780,000 lb (353,802 kg), round weight,
is exceeded during the same fishing
year. The AA will use the best scientific
information available to determine if
reducing the length of the recreational
season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for red grouper in or from the
South Atlantic EEZ are zero.
*
*
*
*
*
(g) Black grouper—(1) Commercial
sector—(i) If commercial landings for
black grouper, as estimated by the SRD,
reach or are projected to reach the
commercial ACL of 96,844 lb (43,928
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 black grouper is prohibited and
harvest or possession of black grouper
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in or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the South Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for black
grouper, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL of 262,594 lb (119,111 kg), round
weight, is exceeded during the same
fishing year, and the species is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for black grouper,
as estimated by the SRD, reach or are
projected to reach the recreational ACL
of 165,750 lb (75,183 kg), round weight,
and the AA determines that a closure is
necessary by using the best scientific
information available, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for black
grouper in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for black
grouper, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if black
grouper are overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, and if the combined
commercial and recreational ACL of
262,594 lb (119,111 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
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season and ACL, the bag and possession
limits for black grouper in or from the
South Atlantic EEZ are zero.
*
*
*
*
*
(i) Scamp—(1) Commercial sector—(i)
If commercial landings for scamp, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 219,375 lb (99,507 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 scamp in
or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the South Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for scamp,
as estimated by the SRD, exceed the
commercial ACL, and the combined
commercial and recreational ACL of
335,744 lb (152,291 kg), round weight,
is exceeded, 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 to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for scamp, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
of 116,369 lb (52,784 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for scamp in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for scamp,
as estimated by the SRD, exceed the
recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if scamp are overfished based
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on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 335,744 lb (152,291 kg), round
weight, is exceeded during the same
fishing year. NMFS will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for scamp in
or from the South Atlantic EEZ are zero.
(j) Other SASWG combined (including
red hind, rock hind, yellowmouth
grouper, yellowfin grouper, coney, and
graysby)—(1) Commercial sector—(i) If
commercial landings for other SASWG
combined, as estimated by the SRD,
reach or are projected to reach the
commercial ACL of 55,542 lb (25,193
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 red
hind, rock hind, yellowmouth grouper,
yellowfin grouper, coney, and graysby is
prohibited, and harvest or possession of
any of these species in or from the
South Atlantic EEZ is limited to the bag
and possession limits. These bag and
possession limits apply in the South
Atlantic on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, without regard to where such
species were harvested, i.e., in state or
Federal waters.
(ii) If commercial landings for other
SASWG combined, as estimated by the
SRD, exceed the commercial ACL, and
the combined commercial and
recreational ACL of 104,190 lb (47,260
kg), round weight, is exceeded, and at
least one of the species in other SASWG
combined is overfished based on the
most recent status of U.S. Fisheries
Report to Congress, the AA will file a
notification with the Office of the
Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for other SASWG
combined, as estimated by the SRD,
reach or are projected to reach the
recreational ACL of 48,648 lb (22,066
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
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17:13 Sep 28, 2015
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year regardless if any stock in other
SASWG combined is overfished, unless
NMFS determines that no closure is
necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for any
species in the other SASWG combined
in or from the South Atlantic EEZ are
zero.
(ii) If recreational landings for other
SASWG combined, as estimated by the
SRD, exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if at least one
of the species in other SASWG
combined is overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, and if the combined
commercial and recreational ACL of
104,190 lb (47,260 kg) is exceeded
during the same fishing year. NMFS will
use the best scientific information
available to determine if reducing the
length of the recreational fishing season
and recreational ACL is necessary.
When the recreational sector is closed as
a result of NMFS reducing the length of
the recreational fishing season and ACL,
the bag and possession limits for any
species in the other SASWG combined
in or from the South Atlantic EEZ are
zero.
(k) Greater amberjack—(1)
Commercial sector—(i) If commercial
landings for greater amberjack, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
(commercial quota) specified in
§ 622.190(a)(3), 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. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) If commercial landings for greater
amberjack, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL of 1,968,001 lb (892,670 kg), round
weight, is exceeded during the same
fishing year, and the species is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL in the
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
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(2) Recreational sector—(i) If
recreational landings for greater
amberjack, as estimated by the SRD,
reach or are projected to reach the
recreational ACL of 1,167,837 lb
(529,722 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for greater
amberjack in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for greater
amberjack, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
1,968,001 lb (892,670 kg), round weight,
is exceeded during the same fishing
year. The AA will use the best scientific
information available to determine if
reducing the length of the recreational
season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for greater amberjack in or from
the South Atlantic EEZ are zero.
(l) Other jacks complex (including
lesser amberjack, almaco jack, and
banded rudderfish, combined)—(1)
Commercial sector—(i) If commercial
landings for the other jacks complex, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 189,422 lb (85,920 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the commercial sector for the other jacks
complex for the remainder of the fishing
year. On and after the effective date of
such a notification, all sale or purchase
of lesser amberjack, almaco jack, and
banded rudderfish is prohibited, and
harvest or possession of any of these
species in or from the South Atlantic
EEZ is limited to the bag and possession
limits. These bag and possession limits
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snapper-
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grouper has been issued, without regard
to where such species were harvested,
i.e., in state or Federal waters.
(ii) If commercial landings for the
other jacks complex, as estimated by the
SRD, exceed the commercial ACL, and
the combined commercial and
recreational ACL of 457,221 lb (207,392
kg), round weight, is exceeded, and at
least one of the species in the other
jacks complex is overfished based on
the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a
notification with the Office of the
Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for the other jacks
complex, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 267,799 lb (121,472 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year regardless
if any stock in the other jacks complex
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for any species in the other jacks
complex in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for the
other jacks complex, as estimated by the
SRD, exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if at least one
of the species in the other jacks complex
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
457,221 lb (207,392 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for any species in the other jacks
complex in or from the South Atlantic
EEZ are zero.
(m) Bar jack—(1) Commercial sector—
(i) If commercial landings for bar jack,
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as estimated by the SRD, reach or are
projected to reach the commercial ACL
of 13,228 lb (6,000 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 bar jack is prohibited
and harvest or possession of bar jack in
or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the South Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for bar
jack, as estimated by the SRD, exceed
the commercial ACL, and the combined
commercial and recreational ACL of
62,249 lb (28,236 kg), round weight, is
exceeded, and bar jack are overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for bar jack, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
of 49,021 lb (22,236 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for bar jack in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for bar
jack, as estimated by the SRD, exceed
the recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if bar jack are overfished based
on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 62,249 lb (28,236 kg), round
weight, is exceeded during the same
fishing year. NMFS will use the best
scientific information available to
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determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for bar jack in
or from the South Atlantic EEZ are zero.
(n) Yellowtail snapper—(1)
Commercial sector—(i) If commercial
landings for yellowtail snapper, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 1,596,510 lb (724,165 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
yellowtail snapper is prohibited and
harvest or possession of yellowtail
snapper in or from the South Atlantic
EEZ is limited to the bag and possession
limits. These bag and possession limits
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, without regard
to where such species were harvested,
i.e., in state or Federal waters.
(ii) If commercial landings for
yellowtail snapper, as estimated by the
SRD, exceed the commercial ACL, and
the combined commercial and
recreational ACL of 3,037,500 lb
(1,377,787 kg), round weight, is
exceeded during the same fishing year,
and yellowtail snapper are overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for yellowtail
snapper, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 1,440,990 lb (653,622 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year regardless
if the stock is overfished, unless NMFS
determines that no closure is necessary
based on the best scientific information
available. On and after the effective date
of such a notification, the bag and
possession limits for yellowtail snapper
in or from the South Atlantic EEZ are
zero.
(ii) If recreational landings for
yellowtail snapper, as estimated by the
SRD, exceed the recreational ACL, then
during the following fishing year
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recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
3,037,500 lb (1,377,787 kg), round
weight, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for yellowtail
snapper in or from the South Atlantic
EEZ are zero.
(o) Mutton snapper—(1) Commercial
sector—(i) If commercial landings for
mutton snapper, as estimated by the
SRD, reach or are projected to reach the
commercial ACL of 157,743 lb (71,551
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 mutton snapper is prohibited and
harvest or possession of mutton snapper
in or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the South Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for mutton
snapper, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL of 926,600 lb (420,299 kg), round
weight, is exceeded during the same
fishing year, and the species is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL in the
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for mutton
snapper, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 768,857 lb (348,748 kg), round
weight, the AA will file a notification
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with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year regardless
if the stock is overfished, unless NMFS
determines that no closure is necessary
based on the best scientific information
available. On and after the effective date
of such a notification, the bag and
possession limits for mutton snapper in
or from the South Atlantic EEZ are zero.
(ii) If recreational landings for mutton
snapper, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
926,600 lb (420,299 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for mutton snapper in or from the
South Atlantic EEZ are zero.
(p) Other snappers complex
(including cubera snapper, gray
snapper, lane snapper, dog snapper,
and mahogany snapper)—(1)
Commercial sector—(i) If commercial
landings for the other snappers
complex, as estimated by the SRD, reach
or are projected to reach the complex
commercial ACL of 344,884 lb (156,437
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for this complex for the
remainder of the fishing year. On and
after the effective date of such a
notification, all sale or purchase of
cubera snapper, gray snapper, lane
snapper, dog snapper, and mahogany
snapper is prohibited, and harvest or
possession of any of these species in or
from the South Atlantic EEZ is limited
to the bag and possession limits. These
bag and possession limits apply in the
South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
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58457
(ii) If commercial landings for the
other snappers complex, as estimated by
the SRD, exceed the commercial ACL,
and the combined commercial and
recreational ACL of 1,517,716 lb
(688,424 kg), round weight, is exceeded,
and at least one of the species in the
other snappers complex is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for the other
snappers complex, as estimated by the
SRD, reach or are projected to reach the
recreational ACL of 1,172,832 lb
(531,988 kg), round weight, the AA will
file a notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if any stock in the other
snappers complex is overfished, unless
NMFS determines that no closure is
necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for any
species in the other snappers complex
in or from the South Atlantic EEZ are
zero.
(ii) If recreational landings for the
other snappers complex, as estimated by
the SRD, exceed the recreational ACL,
then during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if at least one
of the species in the other snappers
complex is overfished based on the most
recent Status of U.S. Fisheries Report to
Congress, and the combined commercial
and recreational ACL of 1,517,716 lb
(688,424 kg), round weight, is exceeded
during the same fishing year. NMFS will
use the best scientific information
available to determine if reducing the
length of the recreational fishing season
and recreational ACL is necessary.
When the recreational sector is closed as
a result of NMFS reducing the length of
the recreational fishing season and ACL,
the bag and possession limits for any
species in the other snappers complex
in or from the South Atlantic EEZ are
zero.
(q) Gray triggerfish—(1) Commercial
sector—(i) If commercial landings for
gray triggerfish, as estimated by the
SRD, reach or are projected to reach the
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commercial ACL (commercial quota)
specified in § 622.190(a)(8)(i) or (ii), 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. Applicable
restrictions after a commercial quota
closure are specified in § 622.190(c).
(ii) If commercial landings for gray
triggerfish, as estimated by the SRD,
exceed the commercial ACL, and the
combined commercial and recreational
ACL of 716,999 lb (325,225 kg), round
weight, is exceeded, and gray triggerfish
are overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for gray triggerfish,
as estimated by the SRD, reach or are
projected to reach the recreational ACL
of 404,675 lb (183,557 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year regardless
if the stock is overfished, unless NMFS
determines that no closure is necessary
based on the best scientific information
available. On and after the effective date
of such a notification, the bag and
possession limits for gray triggerfish in
or from the South Atlantic EEZ are zero.
(ii) If recreational landings for gray
triggerfish, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if gray
triggerfish are overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, and if the combined
commercial and recreational ACL of
716,999 lb (325,225 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for gray triggerfish in or from the
South Atlantic EEZ are zero.
(r) Wreckfish—(1) Commercial
sector—(i) The ITQ program for
wreckfish in the South Atlantic serves
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as the accountability measures for
commercial wreckfish. The commercial
ACL for wreckfish is equal to the
commercial quota specified in
§ 622.190(b). Applicable restrictions
after a commercial quota closure are
specified in § 622.190(c).
(ii) The combined commercial and
recreational ACL for wreckfish is
433,000 lb (196,405 kg), round weight,
for 2015; 423,700 lb (192,187 kg), round
weight, for 2016; 414,200 lb (187,878
kg), round weight, for 2017; 406,300 lb
(184,295 kg), round weight, for 2018;
396,800 lb (179,985 kg), round weight,
for 2019; and 389,100 lb (176,493 kg),
round weight, for 2020 and subsequent
fishing years.
(2) Recreational sector—(i) If
recreational landings for wreckfish, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
specified in § 622.193(r)(2)(iii), the AA
will file a notification with the Office of
the Federal Register to close the
recreational sector for the remainder of
the fishing year regardless if the stock is
overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for wreckfish in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for
wreckfish, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if the species
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL
specified in § 622.193(r)(1)(ii) is
exceeded during the same fishing year.
The AA will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for wreckfish in or from the South
Atlantic EEZ are zero.
(iii) The recreational ACL for
wreckfish is 21,650 lb (9,820 kg), round
weight, for 2015; 21,185 lb (9,609 kg),
round weight, for 2016; 20,710 lb (9,394
kg), round weight, for 2017; 20,315 lb
(9,215 kg), round weight, for 2018;
19,840 lb (8,999 kg), round weight, for
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2019; and 19,455 lb (8,825 kg), round
weight, for 2020 and subsequent fishing
years.
*
*
*
*
*
(t) Atlantic spadefish—(1)
Commercial sector—(i) If commercial
landings for Atlantic spadefish, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 150,552 lb (68,289 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 Atlantic spadefish is
prohibited and harvest or possession of
Atlantic spadefish in or from the South
Atlantic EEZ is limited to the bag and
possession limits. These bag and
possession limits apply in the South
Atlantic on board a vessel for which a
valid Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, without regard to where such
species were harvested, i.e., in state or
Federal waters.
(ii) If commercial landings for
Atlantic spadefish, as estimated by the
SRD, exceed the ACL, and the combined
commercial and recreational ACL of
812,478 lb (368,534 kg), round weight,
is exceeded, and Atlantic spadefish are
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for Atlantic
spadefish, as estimated by the SRD,
reach or are projected to reach the
recreational ACL of 661,926 lb (300,245
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if the stock is overfished,
unless NMFS determines that no closure
is necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for Atlantic
spadefish in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for
Atlantic spadefish, as estimated by the
SRD, exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
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the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if Atlantic
spadefish are overfished based on the
most recent Status of U.S. Fisheries
Report to Congress, and if the combined
commercial and recreational ACL of
812,478 lb (368,534 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for Atlantic spadefish in or from
the South Atlantic EEZ are zero.
(u) Hogfish—(1) Commercial sector—
(i) If commercial landings for hogfish, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 49,469 lb (22,439 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 hogfish is prohibited
and harvest or possession of hogfish in
or from the South Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the South Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for hogfish,
as estimated by the SRD, exceed the
commercial ACL, and the combined
commercial and recreational ACL of
134,824 lb (61,155 kg), round weight, is
exceeded, and hogfish are overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL for that following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for hogfish, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
of 85,355 lb (38,716 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
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limits for hogfish in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for
hogfish, as estimated by the SRD,
exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if hogfish are
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
134,824 lb (61,155 kg), round weight, is
exceeded during the same fishing year.
NMFS will use the best scientific
information available to determine if
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for hogfish in or from the South
Atlantic EEZ are zero.
(v) Red porgy—(1) Commercial
sector—(i) If commercial landings for
red porgy, as estimated by the SRD,
reach or are projected to reach the
commercial ACL (commercial quota)
specified in § 622.190(a)(6), 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. Applicable restrictions after a
commercial quota closure are specified
in § 622.190(c).
(ii) If commercial landings for red
porgy, as estimated by the SRD, exceed
the commercial ACL, and the combined
commercial and recreational ACL of
315,384 lb (143,056 kg), gutted weight,
328,000 lb (148,778 kg), round weight,
is exceeded during the same fishing
year, and red porgy are overfished based
on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the
commercial ACL in the following
fishing year by the amount of the
commercial ACL overage in the prior
fishing year.
(2) Recreational sector—(i) If
recreational landings for red porgy, as
estimated by the SRD, reach or are
projected to reach the recreational ACL
of 157,692 lb (71,528 kg), gutted weight,
164,000 lb (74,389 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year regardless if the stock
is overfished, unless NMFS determines
PO 00000
Frm 00098
Fmt 4702
Sfmt 4702
58459
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for red porgy in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for red
porgy, as estimated by the SRD, exceed
the recreational ACL, then during the
following fishing year recreational
landings will be monitored for a
persistence in increased landings, and if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the recreational
fishing season and the recreational ACL
by the amount of the recreational ACL
overage, if the species is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 315,384 lb (143,056 kg), gutted
weight, 328,000 lb (148,778 kg), round
weight, is exceeded during the same
fishing year. The AA will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for red porgy
in or from the South Atlantic EEZ are
zero.
(w) Other porgies complex (including
jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye
porgy)—(1) Commercial sector—(i) If
commercial landings for the other
porgies complex, as estimated by the
SRD, reach or are projected to reach the
commercial ACL of 36,348 lb (16,487
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the commercial
sector for the other porgies complex for
the remainder of the fishing year. On
and after the effective date of such a
notification, all sale or purchase of
jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye
porgy is prohibited, and harvest or
possession of any of these species in or
from the South Atlantic EEZ is limited
to the bag and possession limits. These
bag and possession limits apply in the
South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for the
other porgies complex, as estimated by
the SRD, exceed the commercial ACL,
and the combined commercial and
recreational ACL of 143,262 lb (64,983
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kg), round weight, is exceeded, and at
least one of the species in the complex
is overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, the AA will file a notification
with the Office of the Federal Register
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for the other
porgies complex, as estimated by the
SRD, reach or are projected to reach the
recreational ACL of 106,914 lb (48,495
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year regardless if any stock in the other
porgies complex is overfished, unless
NMFS determines that no closure is
necessary based on the best scientific
information available. On and after the
effective date of such a notification, the
bag and possession limits for any
species in the other porgies complex in
or from the South Atlantic EEZ are zero.
(ii) If recreational landings for the
other porgies complex, as estimated by
the SRD, exceed the recreational ACL,
then during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if one of the
species in the complex is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, and if the
combined commercial and recreational
ACL of 143,262 lb (64,983 kg), round
weight, is exceeded during the same
fishing year. NMFS will use the best
scientific information available to
determine if reducing the length of the
recreational fishing season and
recreational ACL is necessary. When the
recreational sector is closed as a result
of NMFS reducing the length of the
recreational fishing season and ACL, the
bag and possession limits for any
species in the other porgies complex in
or from the South Atlantic EEZ are zero.
(x) Grunts complex (including white
grunt, sailor’s choice, tomtate, and
margate)—(1) Commercial sector—(i) If
commercial landings for the grunts
complex, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 217,903 lb (98,839 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
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such a notification, all sale or purchase
of white grunt, sailor’s choice, tomtate,
and margate is prohibited, and harvest
or possession of these species in or from
the South Atlantic EEZ is limited to the
bag and possession limits. These bag
and possession limits apply in the
South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings for the
grunts complex, as estimated by the
SRD, exceed the commercial ACL, and
the combined commercial and
recreational ACL of 836,025 lb (379,215
kg), round weight, and at least one of
the species in the complex is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register, at or near the
beginning of the following fishing year
to reduce the commercial ACL for that
following fishing year by the amount of
the commercial ACL overage in the
prior fishing year.
(2) Recreational sector—(i) If
recreational landings for the grunts
complex, as estimated by the SRD, reach
or are projected to reach the recreational
ACL of 618,122 lb (280,375 kg), round
weight, the AA will file a notification
with the Office of the Federal Register
to close the recreational sector for the
remainder of the fishing year regardless
if any stock in the grunts complex is
overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available. On
and after the effective date of such a
notification, the bag and possession
limits for any species in the grunts
complex in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for the
grunts complex, as estimated by the
SRD, exceed the recreational ACL, then
during the following fishing year
recreational landings will be monitored
for a persistence in increased landings,
and if necessary, the AA will file a
notification with the Office of the
Federal Register to reduce the length of
the recreational fishing season and the
recreational ACL by the amount of the
recreational ACL overage, if at least one
of the species in the grunts complex is
overfished based on the most recent
Status of U.S. Fisheries Report to
Congress, and if the combined
commercial and recreational ACL of
836,025 lb (379,215 kg), round weight,
is exceeded during the same fishing
year. NMFS will use the best scientific
information available to determine if
PO 00000
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Fmt 4702
Sfmt 4702
reducing the length of the recreational
fishing season and recreational ACL is
necessary. When the recreational sector
is closed as a result of NMFS reducing
the length of the recreational fishing
season and ACL, the bag and possession
limits for any species in the grunts
complex in or from the South Atlantic
EEZ are zero.
*
*
*
*
*
■ 4. In § 622.251, revise paragraph (a) to
read as follows:
§ 622.251 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
(a) Commercial sector—(1) If
commercial landings for golden crab, as
estimated by the SRD, reach or are
projected to reach the ACL of 2 million
lb (907,185 kg), round weight, the AA
will file a notification with the Office of
the Federal Register to close the golden
crab fishery for the remainder of the
fishing year. On and after the effective
date of such a notification, all harvest,
possession, sale, or purchase of golden
crab in or from the South Atlantic EEZ
is prohibited.
(2) If commercial landings for golden
crab, as estimated by the SRD, exceed
the ACL, and the species is overfished
based on the most recent Status of U.S.
Fisheries Report to Congress, the AA
will file a notification with the Office of
the Federal Register to reduce the ACL
in the following fishing year by the
amount of the ACL overage in the prior
fishing year.
*
*
*
*
*
■ 5. In § 622.280, revise paragraphs
(a)(1)(i) and (a)(2)(i) and the last two
sentences in paragraph (b)(1)(i) to read
as follows:
§ 622.280 Annual catch limits (ACLs) and
accountability measures (AMs).
(a) * * *
(1) * * *
(i) If commercial landings for Atlantic
dolphin, as estimated by the SRD, reach
or are projected to reach the commercial
ACL of 1,534,485 lb (696,031 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
Atlantic dolphin is prohibited and
harvest or possession of Atlantic
dolphin in or from the Atlantic EEZ is
limited to the bag and possession limits.
These bag and possession limits apply
in the Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
Atlantic dolphin and wahoo has been
issued, without regard to where such
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species were harvested, i.e., in state or
Federal waters.
*
*
*
*
*
(2) * * *
(i) If recreational landings for Atlantic
dolphin, as estimated by the SRD,
exceed the recreational ACL of
13,810,361 lb (6,264,274 kg), round
weight, then during the following
fishing year recreational landings will
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be monitored for a persistence in
increased landings.
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * * On and after the effective
date of such a notification, all sale or
purchase of Atlantic wahoo is
prohibited and harvest or possession of
Atlantic wahoo in or from the Atlantic
EEZ is limited to the bag and possession
PO 00000
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58461
limits. These bag and possession limits
apply in the Atlantic on board a vessel
for which a valid Federal commercial or
charter vessel/headboat permit for
Atlantic dolphin and wahoo has been
issued, without regard to where such
species were harvested, i.e., in state or
Federal waters.
*
*
*
*
*
[FR Doc. 2015–24576 Filed 9–28–15; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Proposed Rules]
[Pages 58448-58461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24576]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140819686-5840-01]
RIN 0648-BE38
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery and Golden Crab Fishery of the South Atlantic,
and Dolphin and Wahoo Fishery of the Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement management measures described in
Amendment 34 to the Fishery Management Plan (FMP) for the Snapper-
Grouper Fishery of the South Atlantic Region, Amendment 9 to the FMP
for the Golden Crab Fishery of the South Atlantic Region, and Amendment
8 to the FMP for the Dolphin and Wahoo Fishery of the Atlantic;
collectively referred to as the Generic Accountability Measures (AM)
and Dolphin Allocation Amendment (Generic AM Amendment), as prepared
and submitted by the South Atlantic Fishery Management Council
(Council). If implemented, this proposed rule would revise the
commercial and recreational AMs for numerous snapper-grouper species
and golden crab. This proposed rule would also revise commercial and
recreational sector allocations for dolphin in the Atlantic. The
proposed actions are intended to make the AMs consistent for snapper-
grouper species addressed in this proposed rule and for golden crab,
and revise the allocations between the commercial and recreational
sectors for dolphin.
DATES: Written comments must be received on or before October 29, 2015.
ADDRESSES: You may submit comments on the proposed rule, identified by
[[Page 58449]]
``NOAA-NMFS-2013-0181'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0181, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit all written comments to Mary Janine Vara,
NMFS Southeast Regional Office (SERO), 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Generic AM Amendment, which includes an
environmental assessment, initial regulatory flexibility analysis
(IRFA), regulatory impact review, and fishery impact statement, may be
obtained from www.regulations.gov or the SERO Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, NMFS SERO,
telephone: 727-824-5305, or email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic is managed under the FMP for the Snapper-Grouper Fishery of
the South Atlantic Region (Snapper-Grouper FMP). The golden crab
fishery in the South Atlantic is managed under the FMP for the Golden
Crab Fishery of the South Atlantic Region (Golden Crab FMP). The
dolphin and wahoo fishery in the Atlantic is managed under the FMP for
the Dolphin and Wahoo Fishery of the Atlantic (Dolphin Wahoo FMP). The
FMPs were prepared by the Council and 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).
Background
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that 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. To further this goal, the Magnuson-
Stevens Act requires fishery managers to minimize bycatch and bycatch
mortality to the extent practicable.
Management Measures Contained in This Proposed Rule
Modifications to Commercial and Recreational AMs for Snapper-Grouper
Species and Golden Crab
This proposed rule would revise the AMs for golden tilefish, snowy
grouper, gag, red grouper, black grouper, scamp, the other shallow-
water grouper complex (SASWG: red hind, rock hind, yellowmouth grouper,
yellowfin grouper, coney, and graysby), greater amberjack, the other
jacks complex (lesser amberjack, almaco jack, and banded rudderfish),
bar jack, yellowtail snapper, mutton snapper, the other snappers
complex (cubera snapper, gray snapper, lane snapper, dog snapper, and
mahogany snapper), gray triggerfish, wreckfish (recreational sector),
Atlantic spadefish, hogfish, red porgy, the other porgies complex
(jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye
porgy), and golden crab (commercial sector).
Currently, the snapper-grouper species and golden crab addressed in
this proposed rule have slightly different AMs in place compared to
other snapper-grouper species. This proposed rule would modify the AMs
for these species, including those identified in the species complexes,
to make them consistent with the majority of the AMs already in place
for other snapper-grouper species. Specifically, the proposed rule
would update the recreational AMs to allow NMFS to close recreational
sectors when the recreational annual catch limits (ACLs) are met or are
projected to be met, unless NMFS determines that no closure is
necessary based on the best scientific information available. The
proposed rule would also modify the AMs to trigger post-season ACL
reductions in the commercial and recreational sectors in the year
following an ACL overage under certain situations.
If the recreational sector exceeds its ACL, NMFS would monitor the
recreational sector for persistence in increased landings during the
following fishing year. In the following fishing year, if the best
scientific information available determines it necessary, NMFS would
publish a notice in the Federal Register to reduce the length of
fishing season and the recreational ACL by the amount of the
recreational ACL overage if the species, or one or more species in a
species complex, is overfished and if the total ACL (commercial ACL and
recreational ACL) was exceeded in the prior fishing year.
If the commercial sector exceeds its ACL, NMFS would publish a
notice in the Federal Register to reduce the commercial ACL in the
following fishing year by the amount of the commercial ACL overage if
the species, or one or more species in a species complex, is overfished
and if the total ACL (commercial ACL and recreational ACL) was exceeded
in the prior fishing year.
Modifying the AMs in this manner would create regulatory
consistency among the majority of federally managed species in the
South Atlantic region.
Modifications to Commercial and Recreational Sector Allocations for
Dolphin
The Council has expressed concern that the variability in
commercial annual landings of dolphin could result in the commercial
ACL being exceeded in the future, and that the recreational sector for
dolphin has not come close to reaching its ACL in recent years.
Therefore, in the Generic AM Amendment, the Council assessed allocation
methods for revising the fishing sector allocations for dolphin.
The current sector allocations for dolphin are 7.54 percent for the
commercial sector and 92.46 percent for the recreational sector. The
Council chose these allocations using a sector allocation formula where
50 percent of the sector allocations are based on a longer-term
landings series (1999-2008) and 50 percent of the sector allocations
are based on a shorter time series (2006-2008). This results in the
current ACL of 1,157,001 lb (524,807 kg), round weight, for the
commercial sector and 14,187,845 lb (6,435,498 kg), round weight, for
the recreational sector.
In the Generic AM Amendment, the Council chose a sector allocation
formula for dolphin based on the average of the percentages of the
total catch from 2008-2012. Thus, this proposed rule would revise the
commercial sector allocation to be 10 percent with an ACL of 1,534,485
lb (696,031 kg), round weight, and the recreational sector allocation
for dolphin to be 90 percent with an ACL
[[Page 58450]]
of 13,810,361 lb (6,264,274 kg), round weight. This change in sector
allocation would constitute an ACL increase for the commercial sector
and an ACL decrease for the recreational sector of 377,484 lb (171,224
kg), round weight.
Other Changes to the Codified Text
This proposed rule would clarify the AM provisions in Sec. 622.193
(the ACLs/AMs section of the regulations for South Atlantic snapper-
grouper species) that would reduce a season length in the following
recreational fishing year. These clarifications would aid law
enforcement efforts. For those snapper-grouper species that have a
post-season AM if a recreational ACL is exceeded, under certain
conditions NMFS would reduce the season length (i.e., implement a
closure) for that species or species complex in the following fishing
year by publishing an AM notification and closure date for the
recreational sector for that species or species complex in the Federal
Register. In this proposed rule, NMFS would add a closure provision to
the regulations for these situations. Specifically, the provision
states that when the closure becomes effective, the bag and possession
limits for the applicable species or species complex in or from the
South Atlantic EEZ would be reduced to zero.
In addition, this proposed rule would remove and consolidate
language in Sec. 622.190(a)(6) for the red porgy commercial quota from
past fishing years that is no longer applicable.
Finally, this proposed rule would fix an error in Sec. 622.280 for
Atlantic dolphin and wahoo. Atlantic dolphin and wahoo are managed off
the Atlantic states (Maine through the east coast of Florida) via the
Dolphin Wahoo FMP; however, in the AMs section of the codified text,
the closure provisions currently apply in the South Atlantic EEZ only.
This inadvertent error was implemented in the rulemaking for the
Comprehensive ACL Amendment (77 FR 15916, March 16, 2011). This
proposed rule would change ``South Atlantic EEZ'' to ``Atlantic EEZ''
in the AMs for dolphin and wahoo in paragraphs (a)(1)(i) and (b)(1)(i)
of Sec. 622.280, which is consistent with the FMP for management of
these species from Maine through the east coast of Florida.
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 Amendment 34 to the FMP for the Snapper-Grouper
Fishery, Amendment 9 to the FMP for the Golden Crab Fishery, Amendment
8 to the FMP for the Dolphin and Wahoo Fishery, other provisions of the
Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an IRFA, as required by section 603 of the Regulatory
Flexibility Act, for this proposed rule. The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, the
objectives of, and legal basis for this action are contained at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. A copy of the full analysis is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting, record-
keeping, or other compliance requirements are introduced by this
proposed rule. Accordingly, this proposed rule does not implicate the
Paperwork Reduction Act.
NMFS expects this proposed rule, if implemented, to directly affect
federally permitted commercial fishermen harvesting snapper-grouper
species or golden crab in the South Atlantic. NMFS also expects this
proposed rule to affect federally permitted commercial fishermen
harvesting dolphin in the South Atlantic and off states north of North
Carolina (northeastern states). The Small Business Administration
established size criteria for all major industry sectors in the U.S.
including fish harvesters and for-hire operations. A business involved
in fish harvesting is classified as a small business if independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and its combined annual receipts are not in
excess of $20.5 million (NAICS code 114111, finfish fishing) for all of
its affiliated operations worldwide.
Charter vessels and headboats (for-hire vessels) sell fishing
services, which include the harvest of any species considered in this
proposed rule, to recreational anglers. These vessels provide a
platform for the opportunity to fish and not a guarantee to catch or
harvest any species, though expectations of successful fishing, however
defined, likely factor into the decision to purchase these services.
Changing the allowable harvest of a species, including in-season
closures and post-season ACL overage adjustments, only defines what can
be kept and does not explicitly prevent the continued offer of for-hire
fishing services. In response to a change in the allowable harvest,
including a zero-fish limit or fishery closure, fishing for other
species could continue. Because the changes considered in this proposed
rule would not directly alter the service sold by these vessels, this
proposed rule would not directly apply to or regulate their operations.
For-hire vessels would continue to be able to offer their core product,
which is an attempt to ``put anglers on fish,'' provide the opportunity
for anglers to catch whatever their skills enable them to catch, and
keep those fish that they desire to keep and are legal to keep. Any
change in demand for these fishing services and associated economic
affects as a result of changing a quota or fishery closures would be a
consequence of behavioral change by anglers, secondary to any direct
effect on anglers and, therefore, an indirect effect of the proposed
regulatory action. Because the effects on for-hire vessels would be
indirect, they fall outside the scope of the RFA. Recreational anglers,
who may be directly affected by the changes in this proposed rule, are
not small entities under the RFA.
NMFS has not identified any other small entities that would be
expected to be directly affected by this proposed rule.
The snapper-grouper fishery is a multi-species fishery and vessels
generally land many species on the same trips. Vessels in the dolphin
fishery also catch other species jointly with dolphin. The golden crab
fishery is more specialized than either the snapper-grouper or dolphin
fishery. Because of the possibility that some vessels land only species
not affected by this proposed rule, the following provides a
description of vessels and their revenues by focusing on the key
species (black grouper, mutton snapper, yellowtail snapper, greater
amberjack, red porgy, gag, golden tilefish, red grouper, snowy grouper,
wreckfish, golden crab, and dolphin) addressed in this proposed rule.
Hogfish, a recently assessed species, is not included here as a key
species for this analysis as it is being addressed by the Council in
Amendment 37. However, revenue approximations for vessels landing
hogfish are noted below. The number of vessels and revenues (2013
dollars) are annual averages for the period 2009 through 2013, unless
otherwise noted. Data for the years 2009 through 2013
[[Page 58451]]
were the latest complete five-year data available when the Council
considered the actions in this proposed rule. Approximately 188 vessels
landing at least 1 lb (0.45 kg) of black grouper generated
approximately $54,000 in revenues from black grouper and other species;
266 vessels landing at least 1 lb (0.45 kg) of mutton snapper had
revenues of approximately $51,000 from mutton snapper and other
species; 252 vessels landing at least 1 lb (0.45 kg) yellowtail snapper
had revenues of approximately $38,000 from yellowtail snapper and other
species; 295 vessels landing at least 1 lb (0.45 kg) of greater
amberjack had revenues of approximately $53,000 from greater amberjack
and other species; 191 vessels landing at least 1 lb (0.45 kg) of red
porgy had revenues of approximately $60,000 from red porgy and other
species; 273 vessels landing at least 1 lb (0.45 kg) of gag had
revenues of approximately $49,000 from gag and other species; 63
vessels landing at least 1 lb (0.45 kg) of golden tilefish had revenues
of approximately $68,000 from golden tilefish and other species; 278
vessels landing at least 1 lb (0.45 kg) of red grouper had revenues of
approximately $50,000 from red grouper and other species; 95 vessels
landing at least 1 lb (0.45 kg) of red snapper had revenues of
approximately $57,000 from red snapper and other species; 138 vessels
landing at least 1 lb (0.45 kg) of snowy grouper had revenues of
approximately $78,000 from snowy grouper and other species; and 488
vessels landing at least 1 lb (0.45 kg) of dolphin had revenues of
approximately $64,000 from dolphin and other species. Revenues for
vessels landing at least 1 lb (0.45 kg) of wreckfish or golden crab can
be approximated based on total revenues from landings of those species
and the number of permits. As of August 6, 2015, there were five
wreckfish permits and 11 golden crab permits. For fishing years 2009/
2010 through 2013/2014, annual revenues from wreckfish landings
averaged $752,881, implying average annual revenue per wreckfish vessel
of approximately $188,000. From 2009 through 2013, annual revenues from
golden crab landings averaged $1,419,843, implying average annual
revenue per golden crab vessel of approximately $142,000. Most of the
unassessed species (almaco jack, banded rudderfish, lesser amberjack,
gray snapper, lane snapper, cubera snapper, dog snapper, mahogany
snapper, white grunt, sailors choice, tomtate, margate, red hind, rock
hind, yellowmouth grouper, yellowfin grouper, coney, graysby, jolthead
porgy, knobbed porgy, saucereye porgy, scup, whitebone porgy, Atlantic
spadefish, bar jack, scamp, and gray triggerfish), and hogfish had
lower dockside revenues than many of the key species. In fact, the
highest dockside values of an unassessed species (scamp) were much
lower than those of at least one assessed species (yellowtail snapper).
Therefore, NMFS expects that revenues of vessels landing at least one
pound of an unassessed species or hogfish would fall within the range
of vessel revenues described above.
Some vessels, other than those in the golden crab fishery, may have
caught and landed a combination of the 12 key species, hogfish, and
unassessed species, and revenues therefrom are included in the
foregoing estimates. Vessels that caught and landed any of the species
addressed in this proposed rule may also operate in other fisheries,
the revenues of which are not known and are not reflected in these
totals. Based on the revenue information provided above, all commercial
vessels expected to be affected by this proposed rule are assumed to be
small entities.
Because all entities expected to be affected by this proposed rule
are assumed to be small entities, NMFS has determined that this
proposed rule would affect a substantial number of small entities.
However, the issue of disproportionate effects on small versus large
entities does not arise in the present case.
Designating a species to be overfished presupposes a stock
assessment has been completed, implying that the payback action, i.e.,
a reduction in the following year's catch limit or quota by the amount
of an overage, in the proposed rule would not apply to unassessed
species. Therefore, the harvest of unassessed species and attendant
economic benefits would remain unaffected by the proposed rule. NMFS
notes that a stock assessment underway for gray triggerfish, an
unassessed species, is expected to be completed in 2016. Of the
assessed species subject to the AM action in this proposed rule, only
red porgy and snowy grouper are considered overfished. The recent stock
assessment for hogfish defined three separate stocks, one of which is
considered overfished and undergoing overfishing. Amendment 37 will
address issues specifically related to hogfish. Since 2009, the
commercial sector exceeded its allocation for red porgy in 2011 and
2013 by less than 3 percent each year. On the other hand, recreational
landings of red porgy have been well below the sector's allocation.
Recreational landings of red porgy were 51 percent in 2012 and 48
percent in 2013 of the recreational sector's ACL. Based on past and
recent landings history, it is unlikely that the total red porgy ACL
(sum of commercial and recreational sector ACLs) would be reached in
the near future, so the payback action in this proposed rule would not
be expected to affect harvesters of red porgy in the short term. The
case with snowy grouper is slightly different from the other overfished
species. The commercial ACL was exceeded by less than 10 percent in
2012, 2013, and 2014 while the recreational ACL was exceeded by more
than 200 percent in 2012 and 2013. For the 2014 fishing season,
recreational harvest of snowy grouper was closed on June 7, 2014. Based
on landings history, it is likely that the payback action for snowy
grouper in this proposed rule would adversely affect the profits of
commercial vessels. The amount of payback for overages and resulting
profit loss to the commercial vessels cannot be estimated. However,
current regulations enable NMFS to implement a snowy grouper in-season
closure for the commercial sector and in-season monitoring and possible
closure for the recreational sector if the respective sector's ACL is
reached or projected to be reached. In addition, this rule proposes to
implement an in-season closure for the snowy grouper recreational
sector once the sector's ACL is reached or projected to be reached.
These current or proposed measures would be expected to limit the
amount of overage, meaning that the resulting loss in profits to
commercial vessels due to the payback provision should be small. The
proposed commercial and recreational sector re-allocation of the ACL
for dolphin would increase the share of the commercial sector at the
expense of the recreational sector. In theory, this would tend to
increase the revenues or profits of commercial vessels and potentially
reduce the revenues or profits of for-hire vessels. In practice,
commercial vessels are not expected to experience any profit changes in
the near-term based on historical landings for the sector from 2009
through 2013. Relative to the proposed new sector allocations, based on
applying the proposed allocation ratios to the current total ACL,
commercial landings of dolphin (based on 2009-2013 commercial landings)
would range from 33 percent to 80 percent of the sector's ACL. In the
years 2009 through 2013, the highest landings occurred in 2009 and the
lowest in 2013. However, commercial fishing for dolphin closed on June
30, 2015, when
[[Page 58452]]
the commercial sector reached its ACL. If future commercial landings of
dolphin were equal to or greater than they were in 2015, the proposed
allocation ratio would be expected to increase the revenues, and
possibly profits, of commercial vessels. As noted earlier, for-hire
vessels would only be affected indirectly by the proposed rule.
The following discussion describes the alternatives that were not
selected as preferred by the Council.
Four alternatives, including the preferred alternative (as
described in the preamble), were considered for reducing the following
year's commercial ACL by the amount of the commercial overage. The
first alternative, the no-action alternative, would not impose a
payback provision for gag, golden tilefish, red snapper, snowy grouper,
wreckfish, and golden crab while retaining the payback provision for
the other species addressed in this action. This alternative would not
address the need to create a consistent regulatory environment while
preventing unnecessary negative socio-economic impacts, and ensure
overfishing does not occur in accordance with the provisions set forth
in the Magnuson-Stevens Act. The second alternative would require a
payback for overages only if the species is overfished, and the third
alternative would require a payback only if the combined total of
commercial and recreational ACLs is exceeded. These two alternatives
are more restrictive than the preferred alternative and, therefore,
would be expected to have potentially larger adverse short-term
economic effects on commercial entities than the preferred alternative.
Because the commercial and recreational sector re-allocation of the
ACL for dolphin would not be expected to result in any negative effects
on any directly affected entities, the issue of significant
alternatives to reduce any significant negative effects is not
relevant.
List of Subjects in 50 CFR Part 622
Accountability measure, Annual catch limit, Dolphin, Fisheries,
Fishing, Golden crab, Snapper-grouper, South Atlantic.
Dated: September 17, 2015.
Eileen Sobeck,
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 OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.190, revise paragraph (a)(6) to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(6) Red porgy--157,692 lb (71,528 kg), gutted weight; 164,000 lb
(74,389 kg), round weight.
* * * * *
0
3. In Sec. 622.193, revise paragraphs (a) through (d), (g), (i), (j)
through (r), and (t) through (x) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Golden tilefish--(1) Commercial sector--(i) Hook-and-line
component. If commercial landings for golden tilefish, as estimated by
the SRD, reach or are projected to reach the commercial ACL (commercial
quota) specified in Sec. 622.190(a)(2)(ii), the AA will file a
notification with the Office of the Federal Register to close the hook-
and-line component of the commercial sector for the remainder of the
fishing year. Applicable restrictions after a commercial quota closure
are specified in Sec. 622.190(c).
(ii) Longline component. If commercial landings for golden
tilefish, as estimated by the SRD, reach or are projected to reach the
commercial ACL (commercial quota) specified in Sec.
622.190(a)(2)(iii), the AA will file a notification with the Office of
the Federal Register to close the longline component of the commercial
sector for the remainder of the fishing year. After the commercial ACL
for the longline component is reached or projected to be reached,
golden tilefish may not be fished for or possessed by a vessel with a
golden tilefish longline endorsement. Applicable restrictions after a
commercial quota closure are specified in Sec. 622.190(c).
(iii) If commercial landings for golden tilefish, as estimated by
the SRD, exceed the commercial ACL (including both the hook-and-line
and longline component ACLs) specified in Sec. 622.190(a)(2)(i), and
the combined commercial and recreational ACL of 558,036 lb (253,121
kg), gutted weight, 625,000 lb (283,495 kg), round weight, is exceeded
during the same fishing year, and golden tilefish are overfished based
on the most recent Status of U.S. Fisheries Report to Congress, the AA
will file a notification with the Office of the Federal Register to
reduce the commercial ACL for that following fishing year by the amount
of the commercial ACL overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for golden
tilefish, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 3,019 fish, the AA will file a notification with
the Office of the Federal Register to close the recreational sector for
the remainder of the fishing year regardless if the stock is
overfished, unless NMFS determines that no closure is necessary based
on the best scientific information available. On and after the
effective date of such a notification, the bag and possession limits
for golden tilefish in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for golden tilefish, as estimated by
the SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 558,036 lb (253,121 kg),
gutted weight, 625,000 lb (285,495 kg), round weight, is exceeded
during the same fishing year. The AA will use the best scientific
information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for golden tilefish in or from the South Atlantic EEZ are zero.
(b) Snowy grouper--(1) Commercial sector--(i) If commercial
landings for snowy grouper, as estimated by the SRD, reach or are
projected to reach the commercial ACL (commercial quota) specified in
Sec. 622.190(a)(1), 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. Applicable restrictions after a commercial quota
closure are specified in Sec. 622.190(c).
(ii) If commercial landings for snowy grouper, as estimated by the
SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL specified in Sec. 622.193(b)(1)(iii) is exceeded, and
snowy grouper are overfished based on the most recent
[[Page 58453]]
Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the
commercial ACL for that following fishing year by the amount of the
commercial ACL overage in the prior fishing year.
(iii) The combined commercial and recreational ACL for snowy
grouper is 139,098 lb (63,094 kg), gutted weight, 164,136 lb (74,451
kg), round weight, for 2015; 151,518 lb (68,727 kg), gutted weight,
178,791 lb (81,098 kg), round weight, for 2016; 163,109 lb (73,985 kg),
gutted weight, 192,469 lb (87,302 kg), round weight, for 2017; 173,873
lb (78,867 kg), gutted weight, 205,170 lb (93,064 kg), round weight,
for 2018; 185,464 lb (84,125 kg), gutted weight, 218,848 lb (99,268
kg), round weight, for 2019 and subsequent years.
(2) Recreational sector--(i) If recreational landings for snowy
grouper, as estimated by the SRD, reach or are projected to reach the
recreational ACL, the AA will file a notification with the Office of
the Federal Register to close the recreational sector for the remainder
of the fishing year regardless if the stock is overfished, unless NMFS
determines that no closure is necessary based on the best scientific
information available. On and after the effective date of such
notification, the bag and possession limits for snowy grouper in or
from the South Atlantic EEZ are zero. The recreational ACL for snowy
grouper is 4,152 fish for 2015; 4,483 fish for 2016; 4,819 fish for
2017, 4,983 fish for 2018; 5,315 fish for 2019 and subsequent fishing
years.
(ii) If recreational landings for snowy grouper, as estimated by
the SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if snowy grouper are overfished based on
the most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL specified in Sec.
622.193(b)(1)(iii) is exceeded during the same fishing year. NMFS will
use the best scientific information available to determine if reducing
the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for snowy grouper in or from the South Atlantic
EEZ are zero.
(c) Gag--(1) Commercial sector--(i) If commercial landings for gag,
as estimated by the SRD, reach or are projected to reach the commercial
quota specified in Sec. 622.190(a)(7), the AA will file a notification
with the Office of the Federal Register to close the commercial sector
for gag for the remainder of the fishing year. Applicable restrictions
after a commercial quota closure are specified in Sec. 622.190(c).
(ii) If the commercial landings for gag, as estimated by the SRD,
exceed the commercial ACL specified in Sec. 622.193(c)(1)(iii), and
the combined commercial and recreational ACL specified in Sec.
622.193(c)(1)(iv), is exceeded during the same fishing year, and gag
are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(iii) The commercial ACL for gag is 322,677 lb (146,364 kg), gutted
weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb
(147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for
2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg),
round weight, for 2017; 362,406 lb (164,385 kg), gutted weight, 427,639
lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg),
gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and
subsequent fishing years.
(iv) The combined commercial and recreational ACL for gag is
632,700 lb (286,988 kg), gutted weight, 746,586 lb (338,646 kg), round
weight, for 2015; 637,451 lb (289,143 kg), gutted weight, 752,192 lb
(341,189 kg), round weight, for 2016; 677,351 lb (307,241 kg), gutted
weight, 799,274 lb (362,545 kg), round weight, for 2017; 710,600 lb
(322,323 kg), gutted weight, 838,508 lb (380,341 kg), round weight, for
2018; and 734,351 lb (333,096 kg), gutted weight, 866,534 lb (393,053
kg), round weight, for 2019 and subsequent fishing years.
(2) Recreational sector--(i) If recreational landings for gag, as
estimated by the SRD, reach or are projected to reach the recreational
ACL, the AA will file a notification with the Office of the Federal
Register to close the recreational sector for the remainder of the
fishing year regardless if the stock is overfished, unless NMFS
determines that no closure is necessary based on the best scientific
information available. On and after the effective date of such
notification, the bag and possession limits for gag in or from the
South Atlantic EEZ are zero. The recreational ACL for gag is 310,023 lb
(148,025 kg), gutted weight, 365,827 (165,936 kg), round weight, for
2015; 312,351 lb (149,137 kg), gutted weight, 368,574 lb (175,981 kg),
round weight, for 2016; 331,902 lb (158,472 kg), gutted weight, 391,644
lb (186,997 kg), round weight, for 2017; 348,194 lb (166,251 kg),
gutted weight, 410,869 lb (196,176 kg), round weight, for 2018; and
359,832 lb (171,807 kg), gutted weight, 424,602 lb (202,733 kg), round
weight, for 2019 and subsequent fishing years.
(ii) If recreational landings for gag, as estimated by the SRD,
exceed the recreational ACL, then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational
fishing season and the recreational ACL by the amount of the
recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL specified in Sec.
622.193(c)(1)(iv) is exceeded during the same fishing year. NMFS will
use the best scientific information available to determine if reducing
the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for gag in or from the South Atlantic EEZ are
zero.
(d) Red grouper--(1) Commercial sector--(i) If commercial landings
for red grouper, as estimated by the SRD, reach or are projected to
reach the commercial ACL of 343,200 lb (155,673 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 red grouper is prohibited and harvest or possession of red
grouper in or from the South Atlantic EEZ is limited to the bag and
possession limits. These bag and possession limits apply in the South
Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, without regard to where such species were harvested, i.e.,
in state or Federal waters.
(ii) If the commercial landings for red grouper, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 780,000 lb (353,802 kg), round
[[Page 58454]]
weight, is exceeded during the same fishing year, and the species is
overfished based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL in the following fishing
year by the amount of the commercial ACL overage in the prior fishing
year.
(2) Recreational sector--(i) If recreational landings for red
grouper, as estimated by the SRD, are projected to reach the
recreational ACL of 436,800 lb (198,129 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for red grouper in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for red grouper, as estimated by the
SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 780,000 lb (353,802 kg),
round weight, is exceeded during the same fishing year. The AA will use
the best scientific information available to determine if reducing the
length of the recreational season and recreational ACL is necessary.
When the recreational sector is closed as a result of NMFS reducing the
length of the recreational fishing season and ACL, the bag and
possession limits for red grouper in or from the South Atlantic EEZ are
zero.
* * * * *
(g) Black grouper--(1) Commercial sector--(i) If commercial
landings for black grouper, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 96,844 lb (43,928 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 black grouper is prohibited and harvest or
possession of black grouper in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for black grouper, as estimated by the
SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 262,594 lb (119,111 kg), round weight, is exceeded
during the same fishing year, and the species is overfished based on
the most recent Status of U.S. Fisheries Report to Congress, the AA
will file a notification with the Office of the Federal Register to
reduce the commercial ACL for that following fishing year by the amount
of the commercial ACL overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for black
grouper, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 165,750 lb (75,183 kg), round weight, and the AA
determines that a closure is necessary by using the best scientific
information available, the AA will file a notification with the Office
of the Federal Register to close the recreational sector for the
remainder of the fishing year regardless if the stock is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for black grouper in
or from the South Atlantic EEZ are zero.
(ii) If recreational landings for black grouper, as estimated by
the SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if black grouper are overfished based on
the most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 262,594 lb (119,111 kg),
round weight, is exceeded during the same fishing year. NMFS will use
the best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for black grouper in or from the South Atlantic
EEZ are zero.
* * * * *
(i) Scamp--(1) Commercial sector--(i) If commercial landings for
scamp, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 219,375 lb (99,507 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 scamp in or from
the South Atlantic EEZ is limited to the bag and possession limits.
These bag and possession limits apply in the South Atlantic on board a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without
regard to where such species were harvested, i.e., in state or Federal
waters.
(ii) If commercial landings for scamp, as estimated by the SRD,
exceed the commercial ACL, and the combined commercial and recreational
ACL of 335,744 lb (152,291 kg), round weight, is exceeded, 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 to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for scamp, as
estimated by the SRD, reach or are projected to reach the recreational
ACL of 116,369 lb (52,784 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close the
recreational sector for the remainder of the fishing year regardless if
the stock is overfished, unless NMFS determines that no closure is
necessary based on the best scientific information available. On and
after the effective date of such a notification, the bag and possession
limits for scamp in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for scamp, as estimated by the SRD,
exceed the recreational ACL, then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational
fishing season and the recreational ACL by the amount of the
recreational ACL overage, if scamp are overfished based
[[Page 58455]]
on the most recent Status of U.S. Fisheries Report to Congress, and if
the combined commercial and recreational ACL of 335,744 lb (152,291
kg), round weight, is exceeded during the same fishing year. NMFS will
use the best scientific information available to determine if reducing
the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for scamp in or from the South Atlantic EEZ are
zero.
(j) Other SASWG combined (including red hind, rock hind,
yellowmouth grouper, yellowfin grouper, coney, and graysby)--(1)
Commercial sector--(i) If commercial landings for other SASWG combined,
as estimated by the SRD, reach or are projected to reach the commercial
ACL of 55,542 lb (25,193 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 red hind, rock hind, yellowmouth grouper, yellowfin
grouper, coney, and graysby is prohibited, and harvest or possession of
any of these species in or from the South Atlantic EEZ is limited to
the bag and possession limits. These bag and possession limits apply in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for other SASWG combined, as estimated
by the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 104,190 lb (47,260 kg), round weight, is exceeded,
and at least one of the species in other SASWG combined is overfished
based on the most recent status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register
to reduce the commercial ACL for that following fishing year by the
amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for other
SASWG combined, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 48,648 lb (22,066 kg), round weight, the
AA will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if any stock in other SASWG combined is overfished, unless
NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other SASWG combined in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for other SASWG combined, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in other SASWG combined is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 104,190 lb (47,260 kg) is exceeded
during the same fishing year. NMFS will use the best scientific
information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for any species in the other SASWG combined in or from the South
Atlantic EEZ are zero.
(k) Greater amberjack--(1) Commercial sector--(i) If commercial
landings for greater amberjack, as estimated by the SRD, reach or are
projected to reach the commercial ACL (commercial quota) specified in
Sec. 622.190(a)(3), 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. Applicable restrictions after a commercial quota
closure are specified in Sec. 622.190(c).
(ii) If commercial landings for greater amberjack, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 1,968,001 lb (892,670 kg), round weight, is
exceeded during the same fishing year, and the species is overfished
based on the most recent Status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal Register
to reduce the commercial ACL in the following fishing year by the
amount of the commercial ACL overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for greater
amberjack, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 1,167,837 lb (529,722 kg), round weight, the AA
will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for greater amberjack in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for greater amberjack, as estimated
by the SRD, exceed the recreational ACL, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and recreational ACL by the
amount of the recreational ACL overage, if the species is overfished
based on the most recent Status of U.S. Fisheries Report to Congress,
and if the combined commercial and recreational ACL of 1,968,001 lb
(892,670 kg), round weight, is exceeded during the same fishing year.
The AA will use the best scientific information available to determine
if reducing the length of the recreational season and recreational ACL
is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season and ACL,
the bag and possession limits for greater amberjack in or from the
South Atlantic EEZ are zero.
(l) Other jacks complex (including lesser amberjack, almaco jack,
and banded rudderfish, combined)--(1) Commercial sector--(i) If
commercial landings for the other jacks complex, as estimated by the
SRD, reach or are projected to reach the commercial ACL of 189,422 lb
(85,920 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
other jacks complex for the remainder of the fishing year. On and after
the effective date of such a notification, all sale or purchase of
lesser amberjack, almaco jack, and banded rudderfish is prohibited, and
harvest or possession of any of these species in or from the South
Atlantic EEZ is limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-
[[Page 58456]]
grouper has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.
(ii) If commercial landings for the other jacks complex, as
estimated by the SRD, exceed the commercial ACL, and the combined
commercial and recreational ACL of 457,221 lb (207,392 kg), round
weight, is exceeded, and at least one of the species in the other jacks
complex is overfished based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the Office of
the Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for the other
jacks complex, as estimated by the SRD, reach or are projected to reach
the recreational ACL of 267,799 lb (121,472 kg), round weight, the AA
will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if any stock in the other jacks complex is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other jacks complex in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for the other jacks complex, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in the other jacks complex is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 457,221 lb (207,392 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for any species in the other jacks complex in or
from the South Atlantic EEZ are zero.
(m) Bar jack--(1) Commercial sector--(i) If commercial landings for
bar jack, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 13,228 lb (6,000 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 bar
jack is prohibited and harvest or possession of bar jack in or from the
South Atlantic EEZ is limited to the bag and possession limits. These
bag and possession limits apply in the South Atlantic on board a vessel
for which a valid Federal commercial or charter vessel/headboat permit
for South Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for bar jack, as estimated by the SRD,
exceed the commercial ACL, and the combined commercial and recreational
ACL of 62,249 lb (28,236 kg), round weight, is exceeded, and bar jack
are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for bar jack,
as estimated by the SRD, reach or are projected to reach the
recreational ACL of 49,021 lb (22,236 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for bar jack in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for bar jack, as estimated by the
SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if bar jack are overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 62,249 lb (28,236 kg),
round weight, is exceeded during the same fishing year. NMFS will use
the best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for bar jack in or from the South Atlantic EEZ
are zero.
(n) Yellowtail snapper--(1) Commercial sector--(i) If commercial
landings for yellowtail snapper, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 1,596,510 lb (724,165 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 yellowtail snapper is prohibited
and harvest or possession of yellowtail snapper in or from the South
Atlantic EEZ is limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard to where
such species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for yellowtail snapper, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 3,037,500 lb (1,377,787 kg), round weight, is
exceeded during the same fishing year, and yellowtail snapper are
overfished based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for
yellowtail snapper, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 1,440,990 lb (653,622 kg), round weight,
the AA will file a notification with the Office of the Federal Register
to close the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for yellowtail snapper in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for yellowtail snapper, as estimated
by the SRD, exceed the recreational ACL, then during the following
fishing year
[[Page 58457]]
recreational landings will be monitored for a persistence in increased
landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational
fishing season and the recreational ACL by the amount of the
recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 3,037,500 lb (1,377,787
kg), round weight, is exceeded during the same fishing year. The AA
will use the best scientific information available to determine if
reducing the length of the recreational fishing season and recreational
ACL is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season and ACL,
the bag and possession limits for yellowtail snapper in or from the
South Atlantic EEZ are zero.
(o) Mutton snapper--(1) Commercial sector--(i) If commercial
landings for mutton snapper, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 157,743 lb (71,551 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 mutton snapper is prohibited and harvest or
possession of mutton snapper in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for mutton snapper, as estimated by the
SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 926,600 lb (420,299 kg), round weight, is exceeded
during the same fishing year, and the species is overfished based on
the most recent Status of U.S. Fisheries Report to Congress, the AA
will file a notification with the Office of the Federal Register to
reduce the commercial ACL in the following fishing year by the amount
of the commercial ACL overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for mutton
snapper, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 768,857 lb (348,748 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for mutton snapper in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for mutton snapper, as estimated by
the SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 926,600 lb (420,299 kg),
round weight, is exceeded during the same fishing year. NMFS will use
the best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for mutton snapper in or from the South Atlantic
EEZ are zero.
(p) Other snappers complex (including cubera snapper, gray snapper,
lane snapper, dog snapper, and mahogany snapper)--(1) Commercial
sector--(i) If commercial landings for the other snappers complex, as
estimated by the SRD, reach or are projected to reach the complex
commercial ACL of 344,884 lb (156,437 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the commercial sector for this complex for the remainder of the fishing
year. On and after the effective date of such a notification, all sale
or purchase of cubera snapper, gray snapper, lane snapper, dog snapper,
and mahogany snapper is prohibited, and harvest or possession of any of
these species in or from the South Atlantic EEZ is limited to the bag
and possession limits. These bag and possession limits apply in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such species were harvested,
i.e., in state or Federal waters.
(ii) If commercial landings for the other snappers complex, as
estimated by the SRD, exceed the commercial ACL, and the combined
commercial and recreational ACL of 1,517,716 lb (688,424 kg), round
weight, is exceeded, and at least one of the species in the other
snappers complex is overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the
Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in
the prior fishing year.
(2) Recreational sector--(i) If recreational landings for the other
snappers complex, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 1,172,832 lb (531,988 kg), round weight,
the AA will file a notification with the Office of the Federal Register
to close the recreational sector for the remainder of the fishing year
regardless if any stock in the other snappers complex is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other snappers complex in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for the other snappers complex, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in the other snappers complex is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, and the combined
commercial and recreational ACL of 1,517,716 lb (688,424 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for any species in the other snappers complex in
or from the South Atlantic EEZ are zero.
(q) Gray triggerfish--(1) Commercial sector--(i) If commercial
landings for gray triggerfish, as estimated by the SRD, reach or are
projected to reach the
[[Page 58458]]
commercial ACL (commercial quota) specified in Sec. 622.190(a)(8)(i)
or (ii), 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. Applicable restrictions after a commercial quota closure
are specified in Sec. 622.190(c).
(ii) If commercial landings for gray triggerfish, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 716,999 lb (325,225 kg), round weight, is exceeded,
and gray triggerfish are overfished based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a notification with
the Office of the Federal Register to reduce the commercial ACL for
that following fishing year by the amount of the commercial ACL overage
in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for gray
triggerfish, as estimated by the SRD, reach or are projected to reach
the recreational ACL of 404,675 lb (183,557 kg), round weight, the AA
will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for gray triggerfish in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for gray triggerfish, as estimated by
the SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if gray triggerfish are overfished based
on the most recent Status of U.S. Fisheries Report to Congress, and if
the combined commercial and recreational ACL of 716,999 lb (325,225
kg), round weight, is exceeded during the same fishing year. NMFS will
use the best scientific information available to determine if reducing
the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for gray triggerfish in or from the South
Atlantic EEZ are zero.
(r) Wreckfish--(1) Commercial sector--(i) The ITQ program for
wreckfish in the South Atlantic serves as the accountability measures
for commercial wreckfish. The commercial ACL for wreckfish is equal to
the commercial quota specified in Sec. 622.190(b). Applicable
restrictions after a commercial quota closure are specified in Sec.
622.190(c).
(ii) The combined commercial and recreational ACL for wreckfish is
433,000 lb (196,405 kg), round weight, for 2015; 423,700 lb (192,187
kg), round weight, for 2016; 414,200 lb (187,878 kg), round weight, for
2017; 406,300 lb (184,295 kg), round weight, for 2018; 396,800 lb
(179,985 kg), round weight, for 2019; and 389,100 lb (176,493 kg),
round weight, for 2020 and subsequent fishing years.
(2) Recreational sector--(i) If recreational landings for
wreckfish, as estimated by the SRD, reach or are projected to reach the
recreational ACL specified in Sec. 622.193(r)(2)(iii), the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for wreckfish in or from the South Atlantic
EEZ are zero.
(ii) If recreational landings for wreckfish, as estimated by the
SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL specified in Sec.
622.193(r)(1)(ii) is exceeded during the same fishing year. The AA will
use the best scientific information available to determine if reducing
the length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for wreckfish in or from the South Atlantic EEZ
are zero.
(iii) The recreational ACL for wreckfish is 21,650 lb (9,820 kg),
round weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016;
20,710 lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg),
round weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019;
and 19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing
years.
* * * * *
(t) Atlantic spadefish--(1) Commercial sector--(i) If commercial
landings for Atlantic spadefish, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 150,552 lb (68,289 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 Atlantic spadefish is prohibited and harvest or
possession of Atlantic spadefish in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and possession
limits apply in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings for Atlantic spadefish, as estimated by
the SRD, exceed the ACL, and the combined commercial and recreational
ACL of 812,478 lb (368,534 kg), round weight, is exceeded, and Atlantic
spadefish are overfished based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification with the
Office of the Federal Register to reduce the commercial ACL for that
following fishing year by the amount of the commercial ACL overage in
the prior fishing year.
(2) Recreational sector--(i) If recreational landings for Atlantic
spadefish, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 661,926 lb (300,245 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for Atlantic spadefish in or from the South
Atlantic EEZ are zero.
(ii) If recreational landings for Atlantic spadefish, as estimated
by the SRD, exceed the recreational ACL, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of
[[Page 58459]]
the recreational fishing season and the recreational ACL by the amount
of the recreational ACL overage, if Atlantic spadefish are overfished
based on the most recent Status of U.S. Fisheries Report to Congress,
and if the combined commercial and recreational ACL of 812,478 lb
(368,534 kg), round weight, is exceeded during the same fishing year.
NMFS will use the best scientific information available to determine if
reducing the length of the recreational fishing season and recreational
ACL is necessary. When the recreational sector is closed as a result of
NMFS reducing the length of the recreational fishing season and ACL,
the bag and possession limits for Atlantic spadefish in or from the
South Atlantic EEZ are zero.
(u) Hogfish--(1) Commercial sector--(i) If commercial landings for
hogfish, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 49,469 lb (22,439 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
hogfish is prohibited and harvest or possession of hogfish in or from
the South Atlantic EEZ is limited to the bag and possession limits.
These bag and possession limits apply in the South Atlantic on board a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, without
regard to where such species were harvested, i.e., in state or Federal
waters.
(ii) If commercial landings for hogfish, as estimated by the SRD,
exceed the commercial ACL, and the combined commercial and recreational
ACL of 134,824 lb (61,155 kg), round weight, is exceeded, and hogfish
are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for hogfish,
as estimated by the SRD, reach or are projected to reach the
recreational ACL of 85,355 lb (38,716 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year
regardless if the stock is overfished, unless NMFS determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a notification, the
bag and possession limits for hogfish in or from the South Atlantic EEZ
are zero.
(ii) If recreational landings for hogfish, as estimated by the SRD,
exceed the recreational ACL, then during the following fishing year
recreational landings will be monitored for a persistence in increased
landings, and if necessary, the AA will file a notification with the
Office of the Federal Register to reduce the length of the recreational
fishing season and the recreational ACL by the amount of the
recreational ACL overage, if hogfish are overfished based on the most
recent Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 134,824 lb (61,155 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for hogfish in or from the South Atlantic EEZ are
zero.
(v) Red porgy--(1) Commercial sector--(i) If commercial landings
for red porgy, as estimated by the SRD, reach or are projected to reach
the commercial ACL (commercial quota) specified in Sec. 622.190(a)(6),
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.
Applicable restrictions after a commercial quota closure are specified
in Sec. 622.190(c).
(ii) If commercial landings for red porgy, as estimated by the SRD,
exceed the commercial ACL, and the combined commercial and recreational
ACL of 315,384 lb (143,056 kg), gutted weight, 328,000 lb (148,778 kg),
round weight, is exceeded during the same fishing year, and red porgy
are overfished based on the most recent Status of U.S. Fisheries Report
to Congress, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL in the following fishing
year by the amount of the commercial ACL overage in the prior fishing
year.
(2) Recreational sector--(i) If recreational landings for red
porgy, as estimated by the SRD, reach or are projected to reach the
recreational ACL of 157,692 lb (71,528 kg), gutted weight, 164,000 lb
(74,389 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the recreational sector for the
remainder of the fishing year regardless if the stock is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for red porgy in or
from the South Atlantic EEZ are zero.
(ii) If recreational landings for red porgy, as estimated by the
SRD, exceed the recreational ACL, then during the following fishing
year recreational landings will be monitored for a persistence in
increased landings, and if necessary, the AA will file a notification
with the Office of the Federal Register to reduce the length of the
recreational fishing season and the recreational ACL by the amount of
the recreational ACL overage, if the species is overfished based on the
most recent Status of U.S. Fisheries Report to Congress, and if the
combined commercial and recreational ACL of 315,384 lb (143,056 kg),
gutted weight, 328,000 lb (148,778 kg), round weight, is exceeded
during the same fishing year. The AA will use the best scientific
information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for red porgy in or from the South Atlantic EEZ are zero.
(w) Other porgies complex (including jolthead porgy, knobbed porgy,
whitebone porgy, scup, and saucereye porgy)--(1) Commercial sector--(i)
If commercial landings for the other porgies complex, as estimated by
the SRD, reach or are projected to reach the commercial ACL of 36,348
lb (16,487 kg), round weight, the AA will file a notification with the
Office of the Federal Register to close the commercial sector for the
other porgies complex for the remainder of the fishing year. On and
after the effective date of such a notification, all sale or purchase
of jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye
porgy is prohibited, and harvest or possession of any of these species
in or from the South Atlantic EEZ is limited to the bag and possession
limits. These bag and possession limits apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in state or
Federal waters.
(ii) If commercial landings for the other porgies complex, as
estimated by the SRD, exceed the commercial ACL, and the combined
commercial and recreational ACL of 143,262 lb (64,983
[[Page 58460]]
kg), round weight, is exceeded, and at least one of the species in the
complex is overfished based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the Office of
the Federal Register to reduce the commercial ACL for that following
fishing year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector--(i) If recreational landings for the other
porgies complex, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 106,914 lb (48,495 kg), round weight, the
AA will file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing year
regardless if any stock in the other porgies complex is overfished,
unless NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the other porgies complex in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for the other porgies complex, as
estimated by the SRD, exceed the recreational ACL, then during the
following fishing year recreational landings will be monitored for a
persistence in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if one of the species in
the complex is overfished based on the most recent Status of U.S.
Fisheries Report to Congress, and if the combined commercial and
recreational ACL of 143,262 lb (64,983 kg), round weight, is exceeded
during the same fishing year. NMFS will use the best scientific
information available to determine if reducing the length of the
recreational fishing season and recreational ACL is necessary. When the
recreational sector is closed as a result of NMFS reducing the length
of the recreational fishing season and ACL, the bag and possession
limits for any species in the other porgies complex in or from the
South Atlantic EEZ are zero.
(x) Grunts complex (including white grunt, sailor's choice,
tomtate, and margate)--(1) Commercial sector--(i) If commercial
landings for the grunts complex, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 217,903 lb (98,839 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 white grunt, sailor's choice,
tomtate, and margate is prohibited, and harvest or possession of these
species in or from the South Atlantic EEZ is limited to the bag and
possession limits. These bag and possession limits apply in the South
Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, without regard to where such species were harvested, i.e.,
in state or Federal waters.
(ii) If commercial landings for the grunts complex, as estimated by
the SRD, exceed the commercial ACL, and the combined commercial and
recreational ACL of 836,025 lb (379,215 kg), round weight, and at least
one of the species in the complex is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the commercial ACL
for that following fishing year by the amount of the commercial ACL
overage in the prior fishing year.
(2) Recreational sector--(i) If recreational landings for the
grunts complex, as estimated by the SRD, reach or are projected to
reach the recreational ACL of 618,122 lb (280,375 kg), round weight,
the AA will file a notification with the Office of the Federal Register
to close the recreational sector for the remainder of the fishing year
regardless if any stock in the grunts complex is overfished, unless
NMFS determines that no closure is necessary based on the best
scientific information available. On and after the effective date of
such a notification, the bag and possession limits for any species in
the grunts complex in or from the South Atlantic EEZ are zero.
(ii) If recreational landings for the grunts complex, as estimated
by the SRD, exceed the recreational ACL, then during the following
fishing year recreational landings will be monitored for a persistence
in increased landings, and if necessary, the AA will file a
notification with the Office of the Federal Register to reduce the
length of the recreational fishing season and the recreational ACL by
the amount of the recreational ACL overage, if at least one of the
species in the grunts complex is overfished based on the most recent
Status of U.S. Fisheries Report to Congress, and if the combined
commercial and recreational ACL of 836,025 lb (379,215 kg), round
weight, is exceeded during the same fishing year. NMFS will use the
best scientific information available to determine if reducing the
length of the recreational fishing season and recreational ACL is
necessary. When the recreational sector is closed as a result of NMFS
reducing the length of the recreational fishing season and ACL, the bag
and possession limits for any species in the grunts complex in or from
the South Atlantic EEZ are zero.
* * * * *
0
4. In Sec. 622.251, revise paragraph (a) to read as follows:
Sec. 622.251 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) Commercial sector--(1) If commercial landings for golden crab,
as estimated by the SRD, reach or are projected to reach the ACL of 2
million lb (907,185 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the golden crab
fishery for the remainder of the fishing year. On and after the
effective date of such a notification, all harvest, possession, sale,
or purchase of golden crab in or from the South Atlantic EEZ is
prohibited.
(2) If commercial landings for golden crab, as estimated by the
SRD, exceed the ACL, and the species is overfished based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register to reduce the ACL
in the following fishing year by the amount of the ACL overage in the
prior fishing year.
* * * * *
0
5. In Sec. 622.280, revise paragraphs (a)(1)(i) and (a)(2)(i) and the
last two sentences in paragraph (b)(1)(i) to read as follows:
Sec. 622.280 Annual catch limits (ACLs) and accountability measures
(AMs).
(a) * * *
(1) * * *
(i) If commercial landings for Atlantic dolphin, as estimated by
the SRD, reach or are projected to reach the commercial ACL of
1,534,485 lb (696,031 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
Atlantic dolphin is prohibited and harvest or possession of Atlantic
dolphin in or from the Atlantic EEZ is limited to the bag and
possession limits. These bag and possession limits apply in the
Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for Atlantic dolphin and wahoo has been
issued, without regard to where such
[[Page 58461]]
species were harvested, i.e., in state or Federal waters.
* * * * *
(2) * * *
(i) If recreational landings for Atlantic dolphin, as estimated by
the SRD, exceed the recreational ACL of 13,810,361 lb (6,264,274 kg),
round weight, then during the following fishing year recreational
landings will be monitored for a persistence in increased landings.
* * * * *
(b) * * *
(1) * * *
(i) * * * On and after the effective date of such a notification,
all sale or purchase of Atlantic wahoo is prohibited and harvest or
possession of Atlantic wahoo in or from the Atlantic EEZ is limited to
the bag and possession limits. These bag and possession limits apply in
the Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for Atlantic dolphin and wahoo has been
issued, without regard to where such species were harvested, i.e., in
state or Federal waters.
* * * * *
[FR Doc. 2015-24576 Filed 9-28-15; 8:45 am]
BILLING CODE 3510-22-P
