80_FR_43172 80 FR 43033 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 20

80 FR 43033 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 20

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43033-43039
FR Document2015-17801

NMFS issues regulations to implement Regulatory Amendment 20 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) (Regulatory Amendment 20), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the snowy grouper annual catch limits (ACLs), commercial trip limit, and recreational fishing season. The purpose of this rule is to help achieve optimum yield (OY) and prevent overfishing of snowy grouper while enhancing socio-economic opportunities within the snapper-grouper fishery.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015)
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43033-43039]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140611492-5605-02]
RIN 0648-BE30


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 20

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 20 
to the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP) (Regulatory Amendment 20), as prepared and 
submitted by the South Atlantic Fishery Management Council (Council). 
This final rule revises the snowy grouper annual catch limits (ACLs), 
commercial trip limit, and recreational fishing season. The purpose of 
this rule is to help achieve optimum yield (OY) and prevent overfishing 
of snowy grouper while enhancing socio-economic opportunities within 
the snapper-grouper fishery.

DATES: This rule is effective August 20, 2015.

ADDRESSES: Electronic copies of the regulatory amendment, which 
includes

[[Page 43034]]

an environmental assessment and an initial regulatory flexibility 
analysis (IRFA), may be obtained from the Southeast Regional Office Web 
site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am20/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305, 
or email: nikhil.mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: Snowy grouper is in the snapper-grouper 
fishery of the South Atlantic and is managed under the FMP. The FMP was 
prepared by the Council and is implemented through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On April 8, 2015, NMFS published a proposed rule for Regulatory 
Amendment 20 and requested public comment (80 FR 18797). The proposed 
rule and Regulatory Amendment 20 outline the rationale for the actions 
contained in this final rule. A summary of the actions implemented by 
Regulatory Amendment 20 and this final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the snowy grouper ACLs for both the 
commercial and recreational sectors, the commercial trip limits, and 
the recreational fishing season. All weights described in the preamble 
of this final rule are in gutted weight.

Snowy Grouper Commercial and Recreational ACLs

    In 2013, a standard stock assessment for snowy grouper was 
conducted using the Southeast Data, Assessment, and Review (SEDAR) 
process (SEDAR 36). SEDAR 36 indicates that the snowy grouper stock is 
no longer undergoing overfishing, remains overfished, and is 
rebuilding.
    This final rule increases the ACLs for snowy grouper based on the 
acceptable biological catch (ABC) chosen by the Council, as recommended 
by their Scientific and Statistical Committee (SSC) based on the 
results of SEDAR 36. The current snowy grouper commercial ACL is 82,900 
lb (37,603 kg). This final rule revises the commercial ACL to 115,451 
lb (52,368 kg) in 2015; 125,760 lb (57,044 kg) in 2016; 135,380 lb 
(61,407 kg) in 2017; 144,315 lb (65,460 kg) in 2018; and 153,935 lb 
(69,824 kg) in 2019, and subsequent fishing years. The current snowy 
grouper recreational ACL is 523 fish. This final rule revises the snowy 
grouper recreational ACL to 4,152 fish in 2015; 4,483 fish in 2016; 
4,819 fish in 2017, 4,983 fish in 2018; and 5,315 fish in 2019, and 
subsequent fishing years.
    Applying the existing allocation formula for snowy grouper to the 
change in landings from the SEDAR 36 assessment resulted in a shift in 
the sector ACLs from 95 percent commercial and 5 percent recreational 
to 83 percent commercial and 17 percent recreational.

Snowy Grouper Commercial Trip Limit

    This final rule revises the snowy grouper commercial trip limit 
from the current 100 lb (45 kg) to 200 lb (91 kg). The Council 
determined that since the commercial ACL would be increasing yearly 
from 2015 to 2019, a relatively small increase in the commercial trip 
limit to 200 lb (91 kg) would help to maintain a longer fishing season 
when combined with the commercial ACL increase. Furthermore, because 
the fishing year for snowy grouper begins on January 1, an increased 
trip limit could enhance profits for commercial snapper-grouper 
fishermen during the winter. This is because shallow-water grouper 
species are closed during January-April, leaving snowy grouper (a deep-
water species) as one of few options for purchase by dealers at that 
time.

Snowy Grouper Recreational Fishing Season

    The current snowy grouper fishing season is year-round with a 
recreational bag limit of one snowy grouper per vessel per day. This 
final rule revises the recreational fishing season to one snowy grouper 
per vessel per day from May through August, with no retention of snowy 
grouper during the rest of the year. The Council determined that 
reducing the current year-round recreational fishing season to a 4-
month season would help minimize the risk of exceeding the recreational 
ACL. Additionally, the fishing season dates and bag limit for the snowy 
grouper recreational sector would match those for a co-occurring 
species, blueline tilefish. The Council determined that similar 
recreational management measures and fishing seasons for snowy grouper 
and blueline tilefish would be beneficial to both fish stocks as they 
are caught at the same depths and have similar high release mortality 
rates; thereby, discards of both species could be reduced.

Comments and Responses

    A total of 24 comments were received on Regulatory Amendment 20 and 
the proposed rule from individuals, commercial fishing associations, 
fish markets, and a Federal agency. The Federal agency stated that it 
had no comment on the proposed rule or Regulatory Amendment 20. The 
comments that oppose one or more of the management measures in 
Regulatory Amendment 20 and the proposed rule are summarized and 
responded to below.
    Comment 1: NMFS should not increase the commercial or recreational 
catch limits for snowy grouper.
    Response: NMFS disagrees. In 2013, a standard stock assessment for 
snowy grouper was conducted through SEDAR 36. SEDAR 36 indicates the 
snowy grouper stock is no longer undergoing overfishing, remains 
overfished, and is rebuilding. The previous assessment conducted in 
2004 (SEDAR 4) determined snowy grouper was undergoing overfishing and 
was overfished. The Council's SSC recommended an increase in the ABC to 
the Council; and the Council then chose a corresponding increase in the 
commercial and recreational ACLs. The ACLs for the commercial and 
recreational sectors chosen by the Council and implemented through this 
final rule are based on the best scientific information available, and 
are appropriate to maintain a sustainable harvest of the stock, while 
it continues to rebuild. Thus, catch levels for snowy grouper may now 
be increased without negatively impacting the stock.
    Comment 2: NMFS should not increase the commercial quota while 
shortening the recreational fishing season.
    Response: NMFS disagrees. This final rule for Regulatory Amendment 
20 will increase both the commercial and recreational ACLs for snowy 
grouper based upon the results of the latest stock assessment (SEDAR 
36). The ACLs may be increased for the commercial and recreational 
sectors because the stock is no longer undergoing overfishing, and is 
rebuilding at a rate that allows the ABC increase recommended by the 
SSC and the ACL chosen by the Council. Further, changing the 
recreational fishing season to May through August is expected to reduce 
the chance that the recreational ACL is exceeded, promote safety at sea 
for recreational fishermen, and reduce bycatch of snowy grouper.
    The current recreational fishing season begins on January 1. 
Recreational landings for snowy grouper exceeded the recreational ACL 
by approximately 400 percent in both 2012 and 2013, and 230 percent in 
2014, and as a result of the accountability measures (AMs), the 
recreational sector closed on May 31, in 2013, and on June 7, in 2014. 
Without

[[Page 43035]]

a change to the recreational fishing season and with an increased ACL, 
it is expected that the recreational ACL would still be reached and 
harvest closed early in the year. Continuing to exceed the ACL could 
negatively impact the rebuilding of the snowy grouper stock, and the 
Council determined that changing the fishing season would help minimize 
the risk of exceeding the recreational ACL.
    Additionally, in some areas of the South Atlantic, recreational 
fishermen must travel long distances offshore to fish for snowy 
grouper, where conditions can be more challenging for fishermen during 
times of the year when weather is poor. The months of May through 
August are when recreational fishermen throughout the South Atlantic 
generally have more equal access to the resource due to good weather 
conditions, and would thus benefit the most from the increase in the 
recreational ACL.
    The fishing season dates and bag limit for the snowy grouper 
recreational sector specified in Regulatory Amendment 20 match those 
implemented in Amendment 32 to the FMP for blueline tilefish, a co-
occurring species with snowy grouper, (80 FR 16583; March 30, 2015). 
Therefore, this approach could help reduce discard mortality for snowy 
grouper, which can be targeted along with blueline tilefish. The 
Council determined that similar recreational management measures and 
fishing seasons for snowy grouper and blueline tilefish would be 
beneficial to both fish stocks and reduce bycatch as they are caught at 
the same depths and have similar high release mortality rates.
    Comment 3: NMFS should not start the commercial fishing season on 
January 1. Inclement weather in North Carolina in the earlier part of 
the year does not allow equitable access to snowy grouper, which does 
not conform to National Standard (NS) 4 of the Magnuson-Stevens Act. 
NMFS should start the commercial fishing season later in the year, and 
implement split seasons for the commercial sector.
    Response: NMFS disagrees that the commercial trip limit action 
violates NS 4, as the trip limit does not discriminate between 
residents of different states. The Council did not consider changing 
the start date of the commercial fishing year from January 1 in 
Regulatory Amendment 20, but they did consider creating split 
commercial seasons within the fishing year. The Council acknowledged 
that fishers in North Carolina have historically had limited access to 
snowy grouper at the beginning of the fishing year as a result of 
weather conditions compared to other areas within the Council's 
jurisdiction. However, snowy grouper are an important commercial 
species during January to April when the harvest of shallow-water 
grouper is closed, and snowy grouper sells at a higher market price 
during that part of the year. The Council determined that the current 
commercial fishing year allows for enhanced profits per trip and likely 
enhanced total profits for commercial snapper-grouper fishers. 
Additionally, if snowy grouper closes in the summer as a result of 
meeting its commercial quota, there are many other snapper-grouper 
species open to commercial harvest beginning on May 1. While weather 
conditions throughout the Council's area of jurisdiction may be 
variable throughout the year and may not impact certain areas or states 
in the South Atlantic at the same time in the same way, the snowy 
grouper fishing season dates are applied the same to all the states. 
Over the course of an entire fishing season, it is likely that there 
are comparable opportunities for individuals throughout the South 
Atlantic with respect to commercial harvest of snowy grouper.
    While the Council did consider split seasons for the commercial 
sector in Regulatory Amendment 20, they determined it would have little 
effect on extending the fishing season when compared with the Council's 
preferred alternative. Due to the increase to the commercial ACL in 
Regulatory Amendment 20, the first split season would likely remain 
open because the first split season quota would not be met under any of 
the new trip limit alternatives considered by the Council. Thus, the 
split season alternative would have the same effect as the preferred 
alternative of implementing a 200 lb (91 kg) trip limit with no split 
season, because both choices would result in approximately the same 
fishing season length.
    Therefore, the Council determined that their preferred alternative 
for this action best met the purpose and need to implement measures 
expected to prevent overfishing and achieve OY while also complying 
with the requirements of the Magnuson-Stevens Act and other applicable 
laws, including NS 4.
    Comment 4: NMFS should increase the commercial trip limit to 300 lb 
(136 kg), not the proposed trip limit increase to 200 lb (91 kg).
    Response: NMFS disagrees. The Council considered a trip limit of 
300 lb (136 kg), and determined that since the commercial ACL would be 
increasing yearly from 2015 to 2019, a small increase in the commercial 
trip limit from 100 lb (45 kg) to 200 lb (91 kg), would help to 
maintain a longer fishing season when combined with the commercial ACL 
increase. Analysis in Regulatory Amendment 20 revealed that commercial 
landings could increase over 100 percent throughout the calendar year 
with an increase in the commercial trip limit to 300 lb (136 kg). This 
would result in the commercial ACL being met and harvest closure 
occurring earlier in the year than for the 200 lb (91 kg) trip limit.
    Comment 5: NMFS should not reallocate the increase in commercial 
and recreational ACLs using unreliable Marine Recreational Fisheries 
Statistics Survey (MRFSS)/Marine Recreational Information Program 
(MRIP) data.
    Response: The Council is applying their approved existing sector 
allocation formula for snowy grouper to the updated MRIP landings from 
SEDAR 36 to specify sector ACLs. The existing sector allocation formula 
developed and approved in Amendment 15B to the FMP, uses average 
commercial and recreational landings from 1986-2005 (74 FR 58902, 
November 16, 2009). SEDAR 36 also included recreational data from 
Monroe County, Florida, that were not available when snowy grouper was 
first assessed in 2004 (SEDAR 4) because the recreational landings for 
Monroe County could not be separated from other west Florida landings. 
In 2013, a method was developed to separate Monroe County data from 
other west Florida landings. The change in landings from the SEDAR 36 
assessment, as applied to the average commercial and recreational 
landings for 1986-2005, resulted in a shift in the sector ACLs from the 
current 95 percent commercial and 5 percent recreational to 83 percent 
commercial and 17 percent recreational. Additionally, the SEDAR 36 
assessment made adjustments to the landings to account for the change 
from MRFSS to MRIP, and NMFS has determined that this information is 
the best scientific information available.
    Comment 6: The Council's preferred alternative of a 1 fish per 
vessel per day recreational bag limit with harvest allowed only during 
the months of May through August will result in North Carolina 
recreational fishers being geographically disadvantaged. Furthermore, 
lack of compatible regulations in Florida state waters is not only 
unfair to North Carolina fishers since North Carolina implements 
compatible regulations in its state waters, but is potentially 
detrimental to the snowy grouper population, which is still considered 
overfished and is under a rebuilding plan.

[[Page 43036]]

    Response: NMFS disagrees that the Council's choice of the 
recreational fishing season would result in a geographic disadvantage 
in accessing the snowy grouper resource by North Carolina fishers. The 
Council determined that the months of May through August are when 
recreational fishermen throughout the South Atlantic usually have equal 
access to the resource as a result of generally improved weather 
conditions.
    NMFS agrees that the lack of consistency in compatible regulations 
in state waters could have detrimental effects upon the stock as it 
rebuilds, since the implementation of compatible state regulations can 
allow for fishery resources to be more effectively conserved. However, 
based on the most recent stock assessment, the ACLs may be increased 
for the commercial and recreational sectors because the stock is no 
longer undergoing overfishing and is rebuilding at a rate that allows 
the ABC increase recommended by the SSC and the ACL chosen by the 
Council.
    Comment 7: NMFS should not allow snowy grouper to be harvested 
during the snowy grouper spawning season of April to September.
    Response: The Council recognized that spawning for snowy grouper 
occurs during April to September but determined that reducing the 
current year-round recreational fishing season to a 4-month season from 
May through August should reduce the chance that the ACL is exceeded, 
promote safety at sea, and reduce the bycatch of snowy grouper, as 
discussed in the response to Comment 2 above. In the commercial sector, 
the snowy grouper AMs that are in place and the monitoring program to 
evaluate commercial landings are expected to constrain commercial 
landings from exceeding the commercial ACL. Therefore, the harvest of 
snowy grouper that may occur during the spawning season is not expected 
to result in the ACLs being exceeded and is not expected to negatively 
impact the stock.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is necessary for the conservation and management 
of South Atlantic snapper-grouper and is consistent with Regulatory 
Amendment 20, the FMP, the Magnuson-Stevens Act, and other applicable 
law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    In compliance with section 604 of the RFA, NMFS prepared a Final 
Regulatory Flexibility Analysis (FRFA) for this final rule. The FRFA 
uses updated information, when available, and analyzes the anticipated 
economic impacts of the final actions and any significant economic 
impacts on small entities. The FRFA incorporates the IRFA, a summary of 
the significant economic issues raised by public comment, NMFS' 
responses to those comments, and a summary of the analyses completed to 
support the action. The FRFA follows.
    No public comments specific to the IRFA were received and, 
therefore, no public comments are addressed in this FRFA. Certain 
comments with socio-economic implications are addressed in the comments 
and responses section, specifically, the response to comments 2, 3, and 
6. No changes in the final rule were made in response to public 
comments.
    NMFS agrees that the Council's choice of preferred alternatives 
would best achieve the Council's objectives for Regulatory Amendment 20 
to the FMP while minimizing, to the extent practicable, the adverse 
effects on fishers, support industries, and associated communities. The 
preamble to this final rule provides a statement of the need for and 
objectives of this rule.
    NMFS expects this rule to directly affect federally permitted 
commercial fishers who harvest snowy grouper in the South Atlantic. 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 it is 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 a fishery 
closure, only defines what species may be kept and does not explicitly 
prevent the continued offer of for-hire fishing services. In response 
to a change in the allowable harvest of a species, including a zero-
fish recreational bag limit, fishing for other species could continue. 
Because the changes to management measures for species implemented in 
this final rule will not directly alter the services sold by these 
vessels, this final rule does not directly apply to or regulate their 
operations. For-hire vessels will continue to be able to offer their 
primary 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 changes in demand for these fishing services, 
and associated economic affects as a result of changing an ACL or 
establishing 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 are indirect, they fall outside 
the scope of the Regulatory Flexibility Analysis (RFA). Recreational 
anglers, who may be directly affected by the changes in this final 
rule, are not small entities under the RFA.
    NMFS has not identified any other small entities that will be 
directly affected by this final rule.
    The snapper-grouper fishery is a multi-species fishery and vessels 
generally land many species on the same trip. From 2009 through 2013, 
an annual average of 138 vessels with valid Federal permits to operate 
in the commercial sector of the snapper-grouper fishery landed at least 
1 lb (0.45 kg) of snowy grouper. Each vessel generated annual average 
dockside revenues of approximately $78,000 (2013 dollars), of which 
$2,000 were from snowy grouper, $21,000 from other species jointly 
landed with snowy grouper, and $55,000 from other species on trips 
without snowy grouper. Vessels that caught and landed snowy grouper may 
also operate in other fisheries outside the snapper-grouper fishery, 
the revenues of which are not known and are not reflected in these 
totals. Based on revenue information, all commercial vessels directly 
affected by the final rule may be considered small entities.
    Because all entities expected to be affected by this rule are small 
entities, NMFS has determined that this final rule would affect a 
substantial number of small entities. Moreover, the issue of

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disproportionate effects on small versus large entities does not arise 
in the present case.
    The effect of the action to modify the rebuilding strategy for 
snowy grouper is to adopt the ABC chosen by the Council, as recommended 
by their SSC based upon the recent stock assessment. Modifying the 
rebuilding strategy for snowy grouper will have no direct economic 
effects on small entities, because it will not alter the current use or 
access to the snowy grouper resource. NMFS notes that the ABC resulting 
from the modification of the rebuilding strategy will be higher than 
the status quo ABC for snowy grouper.
    Setting the snowy grouper ACL equal to ABC implies that the ACL 
will increase as a result of the ABC increase. The method for 
allocating the ACL between the commercial and recreational sectors will 
remain the same. The change in the commercial and recreational 
percentage allocation results from the use of the updated landings of 
snowy grouper from SEDAR 36. Relative to the 2014 ACL, the commercial 
ACLs will increase by 39 percent in 2015 and continue to increase 
annually through 2019 to a point where the commercial ACL in 2019 will 
be 86 percent greater than it was in 2014. Compared to the 2014 ACL, 
the recreational ACL will increase by 442 percent in 2015 and continue 
to increase annually through 2019 to a point where the ACL in 2019 will 
be 623 percent greater than it was in 2014. In principle, the increases 
in the snowy grouper sector ACLs are expected to result in revenue and 
profit increases to commercial vessels. The actual results will partly 
depend on the relationship to the changes in management measures 
affecting the commercial sector, as discussed below. As noted, for-hire 
vessels will only be indirectly affected by this action.
    Increasing the snowy grouper commercial trip limit from 100 lb (45 
kg), to 200 lb (91 kg), will tend to increase the profit per trip of 
commercial vessels. This higher trip limit will complement the 
commercial ACL increase in potentially increasing the annual profits of 
commercial vessels. Given the ACL increase, the commercial fishing 
season is expected to extend from January 1 through July 19 under the 
higher trip limit, or January 1 through December 26 under the status 
quo (No Action) trip limit. Therefore, the commercial trip limit 
increase will result in a higher profit per trip but a shorter 
commercial fishing season; whereas the status quo trip limit will be 
associated with lower profit per trip but a longer fishing season. 
Which of these two scenarios will result in higher annual profit for 
commercial vessels cannot be ascertained. What is less uncertain, 
however, is that the commercial ACL increase will result in higher 
annual revenues and profits. As noted, the commercial fishing season is 
projected to last until July 19 under the revised trip limit and ACL 
increases. Without the ACL increase, the commercial fishing season is 
projected to last until June 6 under the trip limit increase. Thus, the 
commercial ACL increase will allow for about 6 extra weeks of 
commercial fishing for snowy grouper under the revised trip limit 
increase. Given a longer fishing season and higher profit per trip, 
revenues and profits of commercial vessels that target snowy grouper 
are likely to increase.
    The following discussion analyzes the alternatives that were not 
selected as preferred by the Council. Only actions that would have 
direct economic effects on small entities merit inclusion in the 
following discussion.
    Three alternatives, including the preferred alternative (as 
described in the preamble), were considered for adjusting the ACLs. The 
first alternative, the no action alternative, would maintain the 
current (lower) commercial and recreational ACLs. This alternative 
would maintain the same economic benefits for commercial vessels but at 
levels lower than those afforded by the preferred alternative. The 
second alternative, which has three sub-alternatives, would set ACLs as 
some percentage of the ABC. The three sub-alternatives are setting the 
ACL at 95 percent, 90 percent, and 85 percent of the ABC. All three 
sub-alternatives would have lower positive effects on the profits of 
commercial vessels than the preferred alternative.
    Five alternatives, including the preferred alternative (as 
described in the preamble), were considered for modifying the 
management measures for the snowy grouper commercial sector. The first 
alternative, the no action alternative, would maintain the commercial 
trip limit of 100 lb (45 kg). Compared to the preferred alternative, 
the no action alternative would have a lower profit per trip but would 
also leave the commercial fishing season open almost year-round. Which 
of these two alternatives would result in higher annual vessel profits 
for commercial vessels cannot be ascertained. NMFS notes that, if the 
trip limit is maintained at 100 lb (45 kg), commercial vessels may not 
take full advantage of the revised ACL that would annually increase 
until at least 2019.
    The second alternative would split the snowy grouper commercial ACL 
into two quotas: 50 percent to the first period (January 1-April 30) 
and 50 percent to the second period (May 1-December 31). Any remaining 
commercial quota from the first period would carry over into the second 
period; any remaining commercial quota from the second period would not 
carry over into the next fishing year. The following three sub-
alternatives on trip limits would apply to each period: 100 lb (45 kg), 
150 lb (47.5 kg), or 200 lb (91 kg). Given the commercial ACL 
increases, commercial harvest in the first period would likely remain 
open under any of the alternative trip limits because the commercial 
quota would not be caught, but commercial harvest in the second period 
would not be open very long with the highest trip limit resulting in 
the shortest fishing season. This alternative, with the trip limit of 
200 lb (91 kg), would have the same effects on commercial vessel 
profits as the preferred alternative, because both alternatives would 
have the same trip limits and the same fishing season length. At lower 
trip limits, this alternative would allow a longer fishing season but 
also lower profit per trip than the preferred alternative. It cannot be 
determined if this alternative, with lower trip limits and a longer 
fishing season, would result in higher annual profits than the 
preferred alternative. In an effort to address the accessibility to the 
snowy grouper resource, the Council considered implementing a 
commercial split season, as in the second alternative, that would 
essentially spread out effort over time so that various fishers 
throughout the Council's area of jurisdiction would have access to the 
snowy grouper resource. The Council decided to retain the current 
commercial fishing year as the calendar year because snowy grouper are 
an important commercial species in the early part of the calendar year, 
when shallow-water groupers are closed to commercial harvest. In 
addition, snowy grouper earn higher prices during the early months of 
the year.
    The third alternative would split the snowy grouper commercial ACL 
into two quotas: 40 percent to the first period (January 1-April 30) 
and 60 percent to the second period (May 1-December 31). Any remaining 
commercial quota from the first period would carry over into the second 
period; any remaining commercial quota from the second period would not 
carry over into the next fishing year. This alternative would maintain 
the current commercial trip limit of 100 lb (45 kg), for the first 
period and establish one of the following trip limits for the second

[[Page 43038]]

period: 100 lb (45 kg), 150 lb (47.5 kg), 200 lb (91 kg), 250 lb (112.5 
kg), or 300 lb (135 kg). Under this alternative and given the ACL 
increases, commercial fishing would likely remain open throughout the 
first period but would not be open very long in the second period, with 
the highest trip limit resulting in the shortest fishing season. As 
with the second alternative, this alternative, when combined with lower 
trip limits, would provide longer fishing seasons but lower profit per 
trip than the preferred alternative. Similarly, this alternative, when 
combined with higher trip limits, would allow for a higher profit per 
trip but result in shorter fishing seasons. It cannot be determined if 
this alternative, with either lower or higher trip limits, would result 
in greater annual profits than the preferred alternative. Similar to 
the second alternative, the Council considered a split season to 
address the accessibility to the resource. For similar reasons 
mentioned above, this third alternative was not selected as the 
preferred alternative by the Council.
    The fourth alternative is similar to the preferred alternative but 
would establish a trip limit of either 300 lb (135 kg), or 150 lb (47.5 
kg). This alternative would result in a longer fishing season but a 
lower profit per trip under a trip limit of 150 lb (47.5 kg), or a 
shorter fishing season and a higher profit per trip under a trip limit 
of 300 lb (135 kg), than the preferred alternative. The differential 
impacts on the annual profits of commercial vessels between this 
alternative and the preferred alternative cannot be determined. 
However, the preferred alternative appears to provide a better balance 
between season length and profit per trip than this alternative with 
trip limits of either 150 lb (47.5 kg), or 300 lb (135 kg).
    The fifth alternative would modify the snowy grouper commercial 
trip limit to 150 lb (47.5 kg), year-round or until the commercial ACL 
is met or projected to be met, except for the period of May through 
August from Florida's Brevard/Indian River County line northward when 
the trip limit will be one of the following: 200 lb (91 kg), 250 lb 
(112.5 kg), or 300 lb (135 kg). This alternative would provide for a 
lower trip limit than the preferred alternative, except in May through 
August when an equal or higher trip limit would be allowed in certain 
areas. This alternative would likely benefit commercial vessels in 
areas north of Indian River County, Florida, more than vessels in other 
areas, at least during the period when vessels in the northern areas 
are allowed higher trip limits. Whether total profits from all vessels 
would be higher under this alternative than under the preferred 
alternative cannot be determined. Although this alternative was not 
chosen as the preferred alternative, the Council acknowledged that 
fishermen in North Carolina have historically had limited access to 
snowy grouper at the beginning of the fishing year due to generally 
poor winter weather conditions. However, some milder winters in recent 
years have benefitted fishermen through some increased access to snowy 
grouper.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all interested parties.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, South Atlantic, Snapper-Grouper, Snowy grouper.

    Dated: July 15, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

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

0
1. The authority citation for part 622 continues to read as follows:

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


0
2. In Sec.  622.183, paragraph (b)(8) is added to read as follows:


Sec.  622.183  Area and seasonal closures.

* * * * *
    (b) * * *
    (8) Snowy grouper recreational sector closure. The recreational 
sector for snowy grouper in or from the South Atlantic EEZ is closed 
from January 1 through April 30, and September 1 through December 31, 
each year. During a closure, the bag and possession limit for snowy 
grouper in or from the South Atlantic EEZ is zero.

0
3. In Sec.  622.190, the last sentence in paragraph (a) introductory 
text and paragraph (a)(1) are revised to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * * The quotas are in gutted weight, that is eviscerated but 
otherwise whole, except for the quotas in paragraphs (a)(1), (a)(4), 
(a)(5), and (a)(6) of this section which are in both gutted weight and 
round weight.
    (1) Snowy grouper--(i) For the 2015 fishing year--115,451 lb 
(52,368 kg), gutted weight; 136,233 lb (61,794 kg), round weight.
    (ii) For the 2016 fishing year--125,760 lb (57,044 kg), gutted 
weight; 148,397 lb (67,312 kg), round weight.
    (iii) For the 2017 fishing year--135,380 lb (61,407 kg), gutted 
weight; 159,749 lb (72,461 kg), round weight.
    (iv) For the 2018 fishing year--144,315 lb (65,460 kg), gutted 
weight; 170,291 lb (77,243 kg), round weight.
    (v) For the 2019 and subsequent fishing years--153,935 lb (69,824 
kg), gutted weight; 181,644 lb (82,392 kg), round weight.
* * * * *

0
4. In Sec.  622.191, the first sentence in paragraph (a)(3) is revised 
to read as follows:


Sec.  622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (3) Snowy grouper. Until the quota specified in Sec.  622.190(a)(1) 
is reached--200 lb (91 kg), gutted weight; 236 lb (107 kg), round 
weight.* * *
* * * * *
0
5. In Sec.  622.193, paragraph (b)(2) is revised to read as follows:


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

* * * * *
    (b) * * *
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, exceed the recreational ACL specified in paragraph 
(b)(2)(ii) of this section, 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 length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. When NMFS reduces the length of the following 
recreational fishing season, the following closure provisions apply: 
The bag and possession limits for snowy grouper in or from the South 
Atlantic EEZ are zero. These bag and possession limits also apply in 
the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-

[[Page 43039]]

grouper has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters. Recreational landings will 
be evaluated relative to the ACL based on a moving multi-year average 
of landings, as described in the FMP.
    (ii) 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.
* * * * *
[FR Doc. 2015-17801 Filed 7-20-15; 8:45 am]
BILLING CODE 3510-22-P



                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                               43033

                                                  contract for default, or in debarment of the               Mark each page of sensitive information             Technology Security Plan to protect
                                                  Contractor for serious misconduct affecting              the Contractor wishes to restrict with the            information processed, stored, or transmitted
                                                  present responsibility as a government                   following legend:                                     from unauthorized access, alteration,
                                                  contractor.                                                Use or disclosure of sensitive information          disclosure, or use. Service provider
                                                    (f) The Contractor shall include the                   contained on this page is subject to the              personnel requiring privileged access or
                                                  substance of this clause, including this                 restriction on the title page of this proposal        limited privileged access to these information
                                                  paragraph (f), suitably modified to reflect the          or document.                                          technology systems are subject to screening
                                                  relationship of the parties, in all subcontracts           (2) The Contracting Officer shall evaluate          using the standard National Agency Check
                                                  that may involve access to sensitive                     the facts supporting any claim that particular        (NAC) forms appropriate to the level of risk
                                                  information.                                             information is ‘‘sensitive.’’ This evaluation         for adverse impact to NASA missions. The
                                                                                                           shall consider the time and resources                 Contracting Officer may allow the service
                                                  (End of clause)                                          necessary to protect the information in               provider to conduct its own screening,
                                                                                                           accordance with the detailed safeguards               provided the service provider employs
                                                  1852.237–73      Release of Sensitive                    mandated by the clause at 1852.237–72,                substantially equivalent screening
                                                  Information.                                             Access to Sensitive Information. However,             procedures.
                                                    As prescribed in 1837.203–72(b),                       unless the Contracting Officer decides, with             (f) This clause does not affect NASA’s
                                                                                                           the advice of Center counsel, that reasonable         responsibilities under the Freedom of
                                                  insert the following clause:                                                                                   Information Act.
                                                                                                           grounds exist to challenge the Contractor’s
                                                  RELEASE OF SENSITIVE                                     claim that particular information is sensitive,          (g) The Contractor shall insert this clause,
                                                  INFORMATION                                              NASA and its service providers and their              including this paragraph (g), suitably
                                                                                                           employees shall comply with all of the                modified to reflect the relationship of the
                                                     (JUNE 2005)                                           safeguards contained in paragraph (d) of this         parties, in all subcontracts that may require
                                                     (a) As used in this clause, ‘‘sensitive               clause.                                               the furnishing of sensitive information.
                                                  information’’ refers to information, not                   (d) To receive access to sensitive
                                                  currently in the public domain, that the                 information needed to assist NASA in
                                                                                                                                                                 (End of clause)
                                                  Contractor has developed at private expense,             accomplishing management activities and               [FR Doc. 2015–17717 Filed 7–20–15; 8:45 am]
                                                  that may embody trade secrets or commercial              administrative functions, the service provider        BILLING CODE 7510–13–P
                                                  or financial information, and that may be                must be operating under a contract that
                                                  sensitive or privileged.                                 contains the clause at 1852.237–72, Access to
                                                     (b) In accomplishing management activities            Sensitive Information. This clause obligates
                                                                                                                                                                 DEPARTMENT OF COMMERCE
                                                  and administrative functions, NASA relies                the service provider to do the following:
                                                  heavily on the support of various service                  (1) Comply with all specified procedures
                                                                                                                                                                 National Oceanic and Atmospheric
                                                  providers. To support NASA activities and                and obligations, including the Organizational
                                                  functions, these service providers, as well as           Conflicts of Interest Avoidance Plan, which           Administration
                                                  their subcontractors and their individual                the contract has incorporated as a
                                                  employees, may need access to sensitive                  compliance document.                                  50 CFR Part 622
                                                  information submitted by the Contractor                    (2) Utilize any sensitive information               [Docket No. 140611492–5605–02]
                                                  under this contract. By submitting this                  coming into its possession only for the
                                                  proposal or performing this contract, the                purpose of performing the services specified          RIN 0648–BE30
                                                  Contractor agrees that NASA may release to               in its contract.
                                                  its service providers, their subcontractors,               (3) Safeguard sensitive information coming          Fisheries of the Caribbean, Gulf of
                                                  and their individual employees, sensitive                into its possession from unauthorized use             Mexico, and South Atlantic; Snapper-
                                                  information submitted during the course of               and disclosure.                                       Grouper Fishery Off the Southern
                                                  this procurement, subject to the enumerated                (4) Allow access to sensitive information           Atlantic States; Regulatory
                                                  protections mandated by the clause at                    only to those employees that need it to               Amendment 20
                                                  1852.237–72, Access to Sensitive                         perform services under its contract.
                                                  Information.                                               (5) Preclude access and disclosure of               AGENCY:  National Marine Fisheries
                                                     (c)(1) The Contractor shall identify any              sensitive information to persons and entities         Service (NMFS), National Oceanic and
                                                  sensitive information submitted in support of            outside of the service provider’s organization.       Atmospheric Administration (NOAA),
                                                  this proposal or in performing this contract.              (6) Train employees who may require
                                                                                                                                                                 Commerce.
                                                  For purposes of identifying sensitive                    access to sensitive information about their
                                                  information, the Contractor may, in addition             obligations to utilize it only to perform the         ACTION: Final rule.
                                                  to any other notice or legend otherwise                  services specified in its contract and to
                                                  required, use a notice similar to the                    safeguard it from unauthorized use and
                                                                                                                                                                 SUMMARY:    NMFS issues regulations to
                                                  following:                                               disclosure.                                           implement Regulatory Amendment 20
                                                     Mark the title page with the following                  (7) Obtain a written affirmation from each          to the Fishery Management Plan for the
                                                  legend:                                                  employee that he/she has received and will            Snapper-Grouper Fishery of the South
                                                     This proposal or document includes                    comply with training on the authorized uses           Atlantic Region (FMP) (Regulatory
                                                  sensitive information that NASA shall not                and mandatory protections of sensitive                Amendment 20), as prepared and
                                                  disclose outside the Agency and its service              information needed in performing this                 submitted by the South Atlantic Fishery
                                                  providers that support management activities             contract.                                             Management Council (Council). This
                                                  and administrative functions. To gain access               (8) Administer a monitoring process to              final rule revises the snowy grouper
                                                  to this sensitive information, a service                 ensure that employees comply with all
                                                  provider’s contract must contain the clause at           reasonable security procedures, report any
                                                                                                                                                                 annual catch limits (ACLs), commercial
                                                  NFS 1852.237–72, Access to Sensitive                     breaches to the Contracting Officer, and              trip limit, and recreational fishing
                                                  Information. Consistent with this clause, the            implement any necessary corrective actions.           season. The purpose of this rule is to
                                                  service provider shall not duplicate, use, or              (e) When the service provider will have             help achieve optimum yield (OY) and
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  disclose the information in whole or in part             primary responsibility for operating an               prevent overfishing of snowy grouper
                                                  for any purpose other than to perform the                information technology system for NASA                while enhancing socio-economic
                                                  services specified in its contract. This                 that contains sensitive information, the              opportunities within the snapper-
                                                  restriction does not limit the Government’s              service provider’s contract shall include the         grouper fishery.
                                                  right to use this information if it is obtained          clause at 1852.204–76, Security
                                                                                                                                                                 DATES: This rule is effective August 20,
                                                  from another source without restriction. The             Requirements for Unclassified Information
                                                  information subject to this restriction is               Technology Resources. The Security                    2015.
                                                  contained in pages [insert page numbers or               Requirements clause requires the service              ADDRESSES: Electronic copies of the
                                                  other identification of pages].                          provider to implement an Information                  regulatory amendment, which includes


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                                                  43034               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                  an environmental assessment and an                       4,152 fish in 2015; 4,483 fish in 2016;               commercial fishing associations, fish
                                                  initial regulatory flexibility analysis                  4,819 fish in 2017, 4,983 fish in 2018;               markets, and a Federal agency. The
                                                  (IRFA), may be obtained from the                         and 5,315 fish in 2019, and subsequent                Federal agency stated that it had no
                                                  Southeast Regional Office Web site at                    fishing years.                                        comment on the proposed rule or
                                                  http://sero.nmfs.noaa.gov/sustainable_                      Applying the existing allocation                   Regulatory Amendment 20. The
                                                  fisheries/s_atl/sg/2015/reg_am20/                        formula for snowy grouper to the change               comments that oppose one or more of
                                                  index.html.                                              in landings from the SEDAR 36                         the management measures in Regulatory
                                                                                                           assessment resulted in a shift in the                 Amendment 20 and the proposed rule
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                           sector ACLs from 95 percent                           are summarized and responded to
                                                  Nikhil Mehta, telephone: 727–824–
                                                                                                           commercial and 5 percent recreational                 below.
                                                  5305, or email: nikhil.mehta@noaa.gov.
                                                                                                           to 83 percent commercial and 17                          Comment 1: NMFS should not
                                                  SUPPLEMENTARY INFORMATION: Snowy                         percent recreational.                                 increase the commercial or recreational
                                                  grouper is in the snapper-grouper                                                                              catch limits for snowy grouper.
                                                  fishery of the South Atlantic and is                     Snowy Grouper Commercial Trip Limit                      Response: NMFS disagrees. In 2013, a
                                                  managed under the FMP. The FMP was                          This final rule revises the snowy                  standard stock assessment for snowy
                                                  prepared by the Council and is                           grouper commercial trip limit from the                grouper was conducted through SEDAR
                                                  implemented through regulations at 50                    current 100 lb (45 kg) to 200 lb (91 kg).             36. SEDAR 36 indicates the snowy
                                                  CFR part 622 under the authority of the                  The Council determined that since the                 grouper stock is no longer undergoing
                                                  Magnuson-Stevens Fishery                                 commercial ACL would be increasing                    overfishing, remains overfished, and is
                                                  Conservation and Management Act                          yearly from 2015 to 2019, a relatively                rebuilding. The previous assessment
                                                  (Magnuson-Stevens Act).                                  small increase in the commercial trip                 conducted in 2004 (SEDAR 4)
                                                     On April 8, 2015, NMFS published a                    limit to 200 lb (91 kg) would help to                 determined snowy grouper was
                                                  proposed rule for Regulatory                             maintain a longer fishing season when                 undergoing overfishing and was
                                                  Amendment 20 and requested public                        combined with the commercial ACL                      overfished. The Council’s SSC
                                                  comment (80 FR 18797). The proposed                      increase. Furthermore, because the                    recommended an increase in the ABC to
                                                  rule and Regulatory Amendment 20                         fishing year for snowy grouper begins                 the Council; and the Council then chose
                                                  outline the rationale for the actions                    on January 1, an increased trip limit                 a corresponding increase in the
                                                  contained in this final rule. A summary                  could enhance profits for commercial                  commercial and recreational ACLs. The
                                                  of the actions implemented by                            snapper-grouper fishermen during the                  ACLs for the commercial and
                                                  Regulatory Amendment 20 and this                         winter. This is because shallow-water                 recreational sectors chosen by the
                                                  final rule is provided below.                            grouper species are closed during                     Council and implemented through this
                                                  Management Measures Contained in                         January–April, leaving snowy grouper (a               final rule are based on the best scientific
                                                                                                           deep-water species) as one of few                     information available, and are
                                                  This Final Rule
                                                                                                           options for purchase by dealers at that               appropriate to maintain a sustainable
                                                     This final rule revises the snowy                     time.                                                 harvest of the stock, while it continues
                                                  grouper ACLs for both the commercial                                                                           to rebuild. Thus, catch levels for snowy
                                                  and recreational sectors, the commercial                 Snowy Grouper Recreational Fishing                    grouper may now be increased without
                                                  trip limits, and the recreational fishing                Season                                                negatively impacting the stock.
                                                  season. All weights described in the                        The current snowy grouper fishing                     Comment 2: NMFS should not
                                                  preamble of this final rule are in gutted                season is year-round with a recreational              increase the commercial quota while
                                                  weight.                                                  bag limit of one snowy grouper per                    shortening the recreational fishing
                                                                                                           vessel per day. This final rule revises               season.
                                                  Snowy Grouper Commercial and                                                                                      Response: NMFS disagrees. This final
                                                                                                           the recreational fishing season to one
                                                  Recreational ACLs                                                                                              rule for Regulatory Amendment 20 will
                                                                                                           snowy grouper per vessel per day from
                                                    In 2013, a standard stock assessment                   May through August, with no retention                 increase both the commercial and
                                                  for snowy grouper was conducted using                    of snowy grouper during the rest of the               recreational ACLs for snowy grouper
                                                  the Southeast Data, Assessment, and                      year. The Council determined that                     based upon the results of the latest stock
                                                  Review (SEDAR) process (SEDAR 36).                       reducing the current year-round                       assessment (SEDAR 36). The ACLs may
                                                  SEDAR 36 indicates that the snowy                        recreational fishing season to a 4-month              be increased for the commercial and
                                                  grouper stock is no longer undergoing                    season would help minimize the risk of                recreational sectors because the stock is
                                                  overfishing, remains overfished, and is                  exceeding the recreational ACL.                       no longer undergoing overfishing, and is
                                                  rebuilding.                                              Additionally, the fishing season dates                rebuilding at a rate that allows the ABC
                                                    This final rule increases the ACLs for                 and bag limit for the snowy grouper                   increase recommended by the SSC and
                                                  snowy grouper based on the acceptable                    recreational sector would match those                 the ACL chosen by the Council. Further,
                                                  biological catch (ABC) chosen by the                     for a co-occurring species, blueline                  changing the recreational fishing season
                                                  Council, as recommended by their                         tilefish. The Council determined that                 to May through August is expected to
                                                  Scientific and Statistical Committee                     similar recreational management                       reduce the chance that the recreational
                                                  (SSC) based on the results of SEDAR 36.                  measures and fishing seasons for snowy                ACL is exceeded, promote safety at sea
                                                  The current snowy grouper commercial                     grouper and blueline tilefish would be                for recreational fishermen, and reduce
                                                  ACL is 82,900 lb (37,603 kg). This final                 beneficial to both fish stocks as they are            bycatch of snowy grouper.
                                                  rule revises the commercial ACL to                       caught at the same depths and have                       The current recreational fishing
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  115,451 lb (52,368 kg) in 2015; 125,760                  similar high release mortality rates;                 season begins on January 1. Recreational
                                                  lb (57,044 kg) in 2016; 135,380 lb                       thereby, discards of both species could               landings for snowy grouper exceeded
                                                  (61,407 kg) in 2017; 144,315 lb (65,460                  be reduced.                                           the recreational ACL by approximately
                                                  kg) in 2018; and 153,935 lb (69,824 kg)                                                                        400 percent in both 2012 and 2013, and
                                                  in 2019, and subsequent fishing years.                   Comments and Responses                                230 percent in 2014, and as a result of
                                                  The current snowy grouper recreational                     A total of 24 comments were received                the accountability measures (AMs), the
                                                  ACL is 523 fish. This final rule revises                 on Regulatory Amendment 20 and the                    recreational sector closed on May 31, in
                                                  the snowy grouper recreational ACL to                    proposed rule from individuals,                       2013, and on June 7, in 2014. Without


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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                         43035

                                                  a change to the recreational fishing                     areas within the Council’s jurisdiction.              from 100 lb (45 kg) to 200 lb (91 kg),
                                                  season and with an increased ACL, it is                  However, snowy grouper are an                         would help to maintain a longer fishing
                                                  expected that the recreational ACL                       important commercial species during                   season when combined with the
                                                  would still be reached and harvest                       January to April when the harvest of                  commercial ACL increase. Analysis in
                                                  closed early in the year. Continuing to                  shallow-water grouper is closed, and                  Regulatory Amendment 20 revealed that
                                                  exceed the ACL could negatively impact                   snowy grouper sells at a higher market                commercial landings could increase
                                                  the rebuilding of the snowy grouper                      price during that part of the year. The               over 100 percent throughout the
                                                  stock, and the Council determined that                   Council determined that the current                   calendar year with an increase in the
                                                  changing the fishing season would help                   commercial fishing year allows for                    commercial trip limit to 300 lb (136 kg).
                                                  minimize the risk of exceeding the                       enhanced profits per trip and likely                  This would result in the commercial
                                                  recreational ACL.                                        enhanced total profits for commercial                 ACL being met and harvest closure
                                                     Additionally, in some areas of the                    snapper-grouper fishers. Additionally, if             occurring earlier in the year than for the
                                                  South Atlantic, recreational fishermen                   snowy grouper closes in the summer as                 200 lb (91 kg) trip limit.
                                                  must travel long distances offshore to                   a result of meeting its commercial quota,                Comment 5: NMFS should not
                                                  fish for snowy grouper, where                            there are many other snapper-grouper                  reallocate the increase in commercial
                                                  conditions can be more challenging for                   species open to commercial harvest                    and recreational ACLs using unreliable
                                                  fishermen during times of the year when                  beginning on May 1. While weather                     Marine Recreational Fisheries Statistics
                                                  weather is poor. The months of May                       conditions throughout the Council’s                   Survey (MRFSS)/Marine Recreational
                                                  through August are when recreational                     area of jurisdiction may be variable                  Information Program (MRIP) data.
                                                  fishermen throughout the South                           throughout the year and may not impact                   Response: The Council is applying
                                                  Atlantic generally have more equal                       certain areas or states in the South                  their approved existing sector allocation
                                                  access to the resource due to good                       Atlantic at the same time in the same                 formula for snowy grouper to the
                                                  weather conditions, and would thus                       way, the snowy grouper fishing season                 updated MRIP landings from SEDAR 36
                                                  benefit the most from the increase in the                dates are applied the same to all the                 to specify sector ACLs. The existing
                                                  recreational ACL.                                        states. Over the course of an entire                  sector allocation formula developed and
                                                     The fishing season dates and bag limit                fishing season, it is likely that there are           approved in Amendment 15B to the
                                                  for the snowy grouper recreational                       comparable opportunities for                          FMP, uses average commercial and
                                                  sector specified in Regulatory                           individuals throughout the South                      recreational landings from 1986–2005
                                                  Amendment 20 match those                                 Atlantic with respect to commercial                   (74 FR 58902, November 16, 2009).
                                                  implemented in Amendment 32 to the                       harvest of snowy grouper.                             SEDAR 36 also included recreational
                                                  FMP for blueline tilefish, a co-occurring                   While the Council did consider split               data from Monroe County, Florida, that
                                                  species with snowy grouper, (80 FR                       seasons for the commercial sector in                  were not available when snowy grouper
                                                  16583; March 30, 2015). Therefore, this                  Regulatory Amendment 20, they                         was first assessed in 2004 (SEDAR 4)
                                                  approach could help reduce discard                       determined it would have little effect on             because the recreational landings for
                                                  mortality for snowy grouper, which can                   extending the fishing season when                     Monroe County could not be separated
                                                  be targeted along with blueline tilefish.                compared with the Council’s preferred                 from other west Florida landings. In
                                                  The Council determined that similar                      alternative. Due to the increase to the               2013, a method was developed to
                                                  recreational management measures and                     commercial ACL in Regulatory                          separate Monroe County data from other
                                                  fishing seasons for snowy grouper and                    Amendment 20, the first split season                  west Florida landings. The change in
                                                  blueline tilefish would be beneficial to                 would likely remain open because the                  landings from the SEDAR 36
                                                  both fish stocks and reduce bycatch as                   first split season quota would not be met             assessment, as applied to the average
                                                  they are caught at the same depths and                   under any of the new trip limit                       commercial and recreational landings
                                                  have similar high release mortality rates.               alternatives considered by the Council.               for 1986–2005, resulted in a shift in the
                                                     Comment 3: NMFS should not start                      Thus, the split season alternative would              sector ACLs from the current 95 percent
                                                  the commercial fishing season on                         have the same effect as the preferred                 commercial and 5 percent recreational
                                                  January 1. Inclement weather in North                    alternative of implementing a 200 lb (91              to 83 percent commercial and 17
                                                  Carolina in the earlier part of the year                 kg) trip limit with no split season,                  percent recreational. Additionally, the
                                                  does not allow equitable access to                       because both choices would result in                  SEDAR 36 assessment made
                                                  snowy grouper, which does not conform                    approximately the same fishing season                 adjustments to the landings to account
                                                  to National Standard (NS) 4 of the                       length.                                               for the change from MRFSS to MRIP,
                                                  Magnuson-Stevens Act. NMFS should                           Therefore, the Council determined                  and NMFS has determined that this
                                                  start the commercial fishing season later                that their preferred alternative for this             information is the best scientific
                                                  in the year, and implement split seasons                 action best met the purpose and need to               information available.
                                                  for the commercial sector.                               implement measures expected to                           Comment 6: The Council’s preferred
                                                     Response: NMFS disagrees that the                     prevent overfishing and achieve OY                    alternative of a 1 fish per vessel per day
                                                  commercial trip limit action violates NS                 while also complying with the                         recreational bag limit with harvest
                                                  4, as the trip limit does not discriminate               requirements of the Magnuson-Stevens                  allowed only during the months of May
                                                  between residents of different states.                   Act and other applicable laws,                        through August will result in North
                                                  The Council did not consider changing                    including NS 4.                                       Carolina recreational fishers being
                                                  the start date of the commercial fishing                    Comment 4: NMFS should increase                    geographically disadvantaged.
                                                  year from January 1 in Regulatory                        the commercial trip limit to 300 lb (136              Furthermore, lack of compatible
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Amendment 20, but they did consider                      kg), not the proposed trip limit increase             regulations in Florida state waters is not
                                                  creating split commercial seasons                        to 200 lb (91 kg).                                    only unfair to North Carolina fishers
                                                  within the fishing year. The Council                        Response: NMFS disagrees. The                      since North Carolina implements
                                                  acknowledged that fishers in North                       Council considered a trip limit of 300 lb             compatible regulations in its state
                                                  Carolina have historically had limited                   (136 kg), and determined that since the               waters, but is potentially detrimental to
                                                  access to snowy grouper at the                           commercial ACL would be increasing                    the snowy grouper population, which is
                                                  beginning of the fishing year as a result                yearly from 2015 to 2019, a small                     still considered overfished and is under
                                                  of weather conditions compared to other                  increase in the commercial trip limit                 a rebuilding plan.


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                                                  43036               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                     Response: NMFS disagrees that the                     duplicative, overlapping, or conflicting              Changing the allowable harvest of a
                                                  Council’s choice of the recreational                     Federal rules have been identified. In                species, including a fishery closure,
                                                  fishing season would result in a                         addition, no new reporting, record-                   only defines what species may be kept
                                                  geographic disadvantage in accessing                     keeping, or other compliance                          and does not explicitly prevent the
                                                  the snowy grouper resource by North                      requirements are introduced by this                   continued offer of for-hire fishing
                                                  Carolina fishers. The Council                            final rule.                                           services. In response to a change in the
                                                  determined that the months of May                           In compliance with section 604 of the              allowable harvest of a species, including
                                                  through August are when recreational                     RFA, NMFS prepared a Final Regulatory                 a zero-fish recreational bag limit, fishing
                                                  fishermen throughout the South                           Flexibility Analysis (FRFA) for this final            for other species could continue.
                                                  Atlantic usually have equal access to the                rule. The FRFA uses updated                           Because the changes to management
                                                  resource as a result of generally                        information, when available, and                      measures for species implemented in
                                                  improved weather conditions.                             analyzes the anticipated economic                     this final rule will not directly alter the
                                                     NMFS agrees that the lack of                          impacts of the final actions and any                  services sold by these vessels, this final
                                                  consistency in compatible regulations in                 significant economic impacts on small                 rule does not directly apply to or
                                                  state waters could have detrimental                      entities. The FRFA incorporates the                   regulate their operations. For-hire
                                                  effects upon the stock as it rebuilds,                   IRFA, a summary of the significant                    vessels will continue to be able to offer
                                                  since the implementation of compatible                   economic issues raised by public                      their primary product, which is an
                                                  state regulations can allow for fishery                  comment, NMFS’ responses to those                     attempt to ‘‘put anglers on fish,’’
                                                  resources to be more effectively                         comments, and a summary of the                        provide the opportunity for anglers to
                                                  conserved. However, based on the most                    analyses completed to support the                     catch whatever their skills enable them
                                                  recent stock assessment, the ACLs may                    action. The FRFA follows.                             to catch, and keep those fish that they
                                                  be increased for the commercial and                         No public comments specific to the                 desire to keep and are legal to keep. Any
                                                  recreational sectors because the stock is                IRFA were received and, therefore, no                 changes in demand for these fishing
                                                  no longer undergoing overfishing and is                  public comments are addressed in this                 services, and associated economic
                                                  rebuilding at a rate that allows the ABC                 FRFA. Certain comments with socio-                    affects as a result of changing an ACL or
                                                  increase recommended by the SSC and                      economic implications are addressed in                establishing fishery closures, would be
                                                  the ACL chosen by the Council.                           the comments and responses section,                   a consequence of behavioral change by
                                                     Comment 7: NMFS should not allow                      specifically, the response to comments                anglers, secondary to any direct effect
                                                  snowy grouper to be harvested during                     2, 3, and 6. No changes in the final rule             on anglers, and, therefore, an indirect
                                                  the snowy grouper spawning season of                     were made in response to public                       effect of the proposed regulatory action.
                                                  April to September.                                      comments.                                             Because the effects on for-hire vessels
                                                     Response: The Council recognized                         NMFS agrees that the Council’s                     are indirect, they fall outside the scope
                                                  that spawning for snowy grouper occurs                   choice of preferred alternatives would                of the Regulatory Flexibility Analysis
                                                  during April to September but                            best achieve the Council’s objectives for             (RFA). Recreational anglers, who may be
                                                  determined that reducing the current                     Regulatory Amendment 20 to the FMP                    directly affected by the changes in this
                                                  year-round recreational fishing season                   while minimizing, to the extent                       final rule, are not small entities under
                                                  to a 4-month season from May through                     practicable, the adverse effects on                   the RFA.
                                                  August should reduce the chance that                     fishers, support industries, and                         NMFS has not identified any other
                                                  the ACL is exceeded, promote safety at                   associated communities. The preamble                  small entities that will be directly
                                                  sea, and reduce the bycatch of snowy                     to this final rule provides a statement of            affected by this final rule.
                                                  grouper, as discussed in the response to                 the need for and objectives of this rule.                The snapper-grouper fishery is a
                                                  Comment 2 above. In the commercial                          NMFS expects this rule to directly                 multi-species fishery and vessels
                                                  sector, the snowy grouper AMs that are                   affect federally permitted commercial                 generally land many species on the
                                                  in place and the monitoring program to                   fishers who harvest snowy grouper in                  same trip. From 2009 through 2013, an
                                                  evaluate commercial landings are                         the South Atlantic. The Small Business                annual average of 138 vessels with valid
                                                  expected to constrain commercial                         Administration established size criteria              Federal permits to operate in the
                                                  landings from exceeding the commercial                   for all major industry sectors in the U.S.,           commercial sector of the snapper-
                                                  ACL. Therefore, the harvest of snowy                     including fish harvesters and for-hire                grouper fishery landed at least 1 lb (0.45
                                                  grouper that may occur during the                        operations. A business involved in fish               kg) of snowy grouper. Each vessel
                                                  spawning season is not expected to                       harvesting is classified as a small                   generated annual average dockside
                                                  result in the ACLs being exceeded and                    business if it is independently owned                 revenues of approximately $78,000
                                                  is not expected to negatively impact the                 and operated, is not dominant in its                  (2013 dollars), of which $2,000 were
                                                  stock.                                                   field of operation (including its                     from snowy grouper, $21,000 from other
                                                                                                           affiliates), and its combined annual                  species jointly landed with snowy
                                                  Classification                                           receipts are not in excess of $20.5                   grouper, and $55,000 from other species
                                                    The Regional Administrator,                            million (NAICS code 114111, finfish                   on trips without snowy grouper. Vessels
                                                  Southeast Region, NMFS has                               fishing) for all of its affiliated operations         that caught and landed snowy grouper
                                                  determined that this final rule is                       worldwide.                                            may also operate in other fisheries
                                                  necessary for the conservation and                          Charter vessels and headboats (for-                outside the snapper-grouper fishery, the
                                                  management of South Atlantic snapper-                    hire vessels) sell fishing services, which            revenues of which are not known and
                                                  grouper and is consistent with                           include the harvest of any species                    are not reflected in these totals. Based
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                                                  Regulatory Amendment 20, the FMP,                        considered in this proposed rule, to                  on revenue information, all commercial
                                                  the Magnuson-Stevens Act, and other                      recreational anglers. These vessels                   vessels directly affected by the final rule
                                                  applicable law.                                          provide a platform for the opportunity                may be considered small entities.
                                                    This final rule has been determined to                 to fish and not a guarantee to catch or                  Because all entities expected to be
                                                  be not significant for purposes of                       harvest any species, though                           affected by this rule are small entities,
                                                  Executive Order 12866.                                   expectations of successful fishing,                   NMFS has determined that this final
                                                    The Magnuson-Stevens Act provides                      however defined, likely factor into the               rule would affect a substantial number
                                                  the statutory basis for this rule. No                    decision to purchase these services.                  of small entities. Moreover, the issue of


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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                         43037

                                                  disproportionate effects on small versus                 of these two scenarios will result in                 two quotas: 50 percent to the first period
                                                  large entities does not arise in the                     higher annual profit for commercial                   (January 1–April 30) and 50 percent to
                                                  present case.                                            vessels cannot be ascertained. What is                the second period (May 1–December
                                                     The effect of the action to modify the                less uncertain, however, is that the                  31). Any remaining commercial quota
                                                  rebuilding strategy for snowy grouper is                 commercial ACL increase will result in                from the first period would carry over
                                                  to adopt the ABC chosen by the Council,                  higher annual revenues and profits. As                into the second period; any remaining
                                                  as recommended by their SSC based                        noted, the commercial fishing season is               commercial quota from the second
                                                  upon the recent stock assessment.                        projected to last until July 19 under the             period would not carry over into the
                                                  Modifying the rebuilding strategy for                    revised trip limit and ACL increases.                 next fishing year. The following three
                                                  snowy grouper will have no direct                        Without the ACL increase, the                         sub-alternatives on trip limits would
                                                  economic effects on small entities,                      commercial fishing season is projected                apply to each period: 100 lb (45 kg), 150
                                                  because it will not alter the current use                to last until June 6 under the trip limit             lb (47.5 kg), or 200 lb (91 kg). Given the
                                                  or access to the snowy grouper resource.                 increase. Thus, the commercial ACL                    commercial ACL increases, commercial
                                                  NMFS notes that the ABC resulting from                   increase will allow for about 6 extra                 harvest in the first period would likely
                                                  the modification of the rebuilding                       weeks of commercial fishing for snowy                 remain open under any of the
                                                  strategy will be higher than the status                  grouper under the revised trip limit                  alternative trip limits because the
                                                  quo ABC for snowy grouper.                               increase. Given a longer fishing season               commercial quota would not be caught,
                                                     Setting the snowy grouper ACL equal                   and higher profit per trip, revenues and              but commercial harvest in the second
                                                  to ABC implies that the ACL will                         profits of commercial vessels that target             period would not be open very long
                                                  increase as a result of the ABC increase.                snowy grouper are likely to increase.                 with the highest trip limit resulting in
                                                  The method for allocating the ACL                           The following discussion analyzes the              the shortest fishing season. This
                                                  between the commercial and                               alternatives that were not selected as                alternative, with the trip limit of 200 lb
                                                  recreational sectors will remain the                     preferred by the Council. Only actions                (91 kg), would have the same effects on
                                                  same. The change in the commercial                       that would have direct economic effects               commercial vessel profits as the
                                                  and recreational percentage allocation                   on small entities merit inclusion in the              preferred alternative, because both
                                                  results from the use of the updated                      following discussion.                                 alternatives would have the same trip
                                                  landings of snowy grouper from SEDAR                        Three alternatives, including the                  limits and the same fishing season
                                                  36. Relative to the 2014 ACL, the                        preferred alternative (as described in the            length. At lower trip limits, this
                                                  commercial ACLs will increase by 39                      preamble), were considered for                        alternative would allow a longer fishing
                                                  percent in 2015 and continue to                          adjusting the ACLs. The first alternative,            season but also lower profit per trip
                                                  increase annually through 2019 to a                      the no action alternative, would                      than the preferred alternative. It cannot
                                                  point where the commercial ACL in                        maintain the current (lower) commercial               be determined if this alternative, with
                                                  2019 will be 86 percent greater than it                  and recreational ACLs. This alternative
                                                                                                                                                                 lower trip limits and a longer fishing
                                                  was in 2014. Compared to the 2014                        would maintain the same economic
                                                                                                                                                                 season, would result in higher annual
                                                  ACL, the recreational ACL will increase                  benefits for commercial vessels but at
                                                                                                                                                                 profits than the preferred alternative. In
                                                  by 442 percent in 2015 and continue to                   levels lower than those afforded by the
                                                                                                                                                                 an effort to address the accessibility to
                                                  increase annually through 2019 to a                      preferred alternative. The second
                                                                                                                                                                 the snowy grouper resource, the Council
                                                  point where the ACL in 2019 will be                      alternative, which has three sub-
                                                                                                                                                                 considered implementing a commercial
                                                  623 percent greater than it was in 2014.                 alternatives, would set ACLs as some
                                                                                                                                                                 split season, as in the second
                                                  In principle, the increases in the snowy                 percentage of the ABC. The three sub-
                                                                                                                                                                 alternative, that would essentially
                                                  grouper sector ACLs are expected to                      alternatives are setting the ACL at 95
                                                                                                                                                                 spread out effort over time so that
                                                  result in revenue and profit increases to                percent, 90 percent, and 85 percent of
                                                  commercial vessels. The actual results                   the ABC. All three sub-alternatives                   various fishers throughout the Council’s
                                                  will partly depend on the relationship                   would have lower positive effects on the              area of jurisdiction would have access to
                                                  to the changes in management measures                    profits of commercial vessels than the                the snowy grouper resource. The
                                                  affecting the commercial sector, as                      preferred alternative.                                Council decided to retain the current
                                                  discussed below. As noted, for-hire                         Five alternatives, including the                   commercial fishing year as the calendar
                                                  vessels will only be indirectly affected                 preferred alternative (as described in the            year because snowy grouper are an
                                                  by this action.                                          preamble), were considered for                        important commercial species in the
                                                     Increasing the snowy grouper                          modifying the management measures for                 early part of the calendar year, when
                                                  commercial trip limit from 100 lb (45                    the snowy grouper commercial sector.                  shallow-water groupers are closed to
                                                  kg), to 200 lb (91 kg), will tend to                     The first alternative, the no action                  commercial harvest. In addition, snowy
                                                  increase the profit per trip of                          alternative, would maintain the                       grouper earn higher prices during the
                                                  commercial vessels. This higher trip                     commercial trip limit of 100 lb (45 kg).              early months of the year.
                                                  limit will complement the commercial                     Compared to the preferred alternative,                   The third alternative would split the
                                                  ACL increase in potentially increasing                   the no action alternative would have a                snowy grouper commercial ACL into
                                                  the annual profits of commercial                         lower profit per trip but would also                  two quotas: 40 percent to the first period
                                                  vessels. Given the ACL increase, the                     leave the commercial fishing season                   (January 1–April 30) and 60 percent to
                                                  commercial fishing season is expected                    open almost year-round. Which of these                the second period (May 1–December
                                                  to extend from January 1 through July                    two alternatives would result in higher               31). Any remaining commercial quota
                                                  19 under the higher trip limit, or                       annual vessel profits for commercial                  from the first period would carry over
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                                                  January 1 through December 26 under                      vessels cannot be ascertained. NMFS                   into the second period; any remaining
                                                  the status quo (No Action) trip limit.                   notes that, if the trip limit is maintained           commercial quota from the second
                                                  Therefore, the commercial trip limit                     at 100 lb (45 kg), commercial vessels                 period would not carry over into the
                                                  increase will result in a higher profit per              may not take full advantage of the                    next fishing year. This alternative would
                                                  trip but a shorter commercial fishing                    revised ACL that would annually                       maintain the current commercial trip
                                                  season; whereas the status quo trip limit                increase until at least 2019.                         limit of 100 lb (45 kg), for the first
                                                  will be associated with lower profit per                    The second alternative would split                 period and establish one of the
                                                  trip but a longer fishing season. Which                  the snowy grouper commercial ACL into                 following trip limits for the second


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                                                  43038               Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations

                                                  period: 100 lb (45 kg), 150 lb (47.5 kg),                from all vessels would be higher under                 § 622.190    Quotas.
                                                  200 lb (91 kg), 250 lb (112.5 kg), or 300                this alternative than under the preferred              *       *     *    *     *
                                                  lb (135 kg). Under this alternative and                  alternative cannot be determined.                         (a) * * * The quotas are in gutted
                                                  given the ACL increases, commercial                      Although this alternative was not                      weight, that is eviscerated but otherwise
                                                  fishing would likely remain open                         chosen as the preferred alternative, the               whole, except for the quotas in
                                                  throughout the first period but would                    Council acknowledged that fishermen in                 paragraphs (a)(1), (a)(4), (a)(5), and (a)(6)
                                                  not be open very long in the second                      North Carolina have historically had                   of this section which are in both gutted
                                                  period, with the highest trip limit                      limited access to snowy grouper at the                 weight and round weight.
                                                  resulting in the shortest fishing season.                beginning of the fishing year due to                      (1) Snowy grouper—(i) For the 2015
                                                  As with the second alternative, this                     generally poor winter weather                          fishing year—115,451 lb (52,368 kg),
                                                  alternative, when combined with lower                    conditions. However, some milder                       gutted weight; 136,233 lb (61,794 kg),
                                                  trip limits, would provide longer fishing                winters in recent years have benefitted                round weight.
                                                  seasons but lower profit per trip than                   fishermen through some increased                          (ii) For the 2016 fishing year—125,760
                                                  the preferred alternative. Similarly, this               access to snowy grouper.                               lb (57,044 kg), gutted weight; 148,397 lb
                                                  alternative, when combined with higher                      Section 212 of the Small Business                   (67,312 kg), round weight.
                                                  trip limits, would allow for a higher                    Regulatory Enforcement Fairness Act of                    (iii) For the 2017 fishing year—
                                                  profit per trip but result in shorter                    1996 states that, for each rule or group               135,380 lb (61,407 kg), gutted weight;
                                                  fishing seasons. It cannot be determined                 of related rules for which an agency is                159,749 lb (72,461 kg), round weight.
                                                  if this alternative, with either lower or                required to prepare a FRFA, the agency                    (iv) For the 2018 fishing year—
                                                  higher trip limits, would result in                      shall publish one or more guides to                    144,315 lb (65,460 kg), gutted weight;
                                                  greater annual profits than the preferred                assist small entities in complying with                170,291 lb (77,243 kg), round weight.
                                                  alternative. Similar to the second                       the rule, and shall designate such                        (v) For the 2019 and subsequent
                                                  alternative, the Council considered a                    publications as small entity compliance                fishing years—153,935 lb (69,824 kg),
                                                  split season to address the accessibility                guides. As part of the rulemaking                      gutted weight; 181,644 lb (82,392 kg),
                                                  to the resource. For similar reasons                     process, NMFS prepared a fishery                       round weight.
                                                  mentioned above, this third alternative                  bulletin, which also serves as a small                 *       *     *    *     *
                                                  was not selected as the preferred                        entity compliance guide. The fishery                   ■ 4. In § 622.191, the first sentence in
                                                  alternative by the Council.                              bulletin will be sent to all interested                paragraph (a)(3) is revised to read as
                                                     The fourth alternative is similar to the              parties.                                               follows:
                                                  preferred alternative but would
                                                  establish a trip limit of either 300 lb                  List of Subjects in 50 CFR Part 622                    § 622.191    Commercial trip limits.
                                                  (135 kg), or 150 lb (47.5 kg). This                        Fisheries, Fishing, South Atlantic,                  *     *     *     *     *
                                                  alternative would result in a longer                     Snapper-Grouper, Snowy grouper.                          (a) * * *
                                                  fishing season but a lower profit per trip                 Dated: July 15, 2015.
                                                                                                                                                                    (3) Snowy grouper. Until the quota
                                                  under a trip limit of 150 lb (47.5 kg), or                                                                      specified in § 622.190(a)(1) is reached—
                                                                                                           Samuel D. Rauch III,
                                                  a shorter fishing season and a higher                                                                           200 lb (91 kg), gutted weight; 236 lb
                                                  profit per trip under a trip limit of 300                Deputy Assistant Administrator for                     (107 kg), round weight.* * *
                                                                                                           Regulatory Programs, National Marine
                                                  lb (135 kg), than the preferred                                                                                 *     *     *     *     *
                                                                                                           Fisheries Service.
                                                  alternative. The differential impacts on                                                                        ■ 5. In § 622.193, paragraph (b)(2) is
                                                                                                             For the reasons set out in the
                                                  the annual profits of commercial vessels                                                                        revised to read as follows:
                                                                                                           preamble, 50 CFR part 622 is amended
                                                  between this alternative and the
                                                                                                           as follows:                                            § 622.193 Annual catch limits (ACLs),
                                                  preferred alternative cannot be
                                                  determined. However, the preferred                                                                              annual catch targets (ACTs), and
                                                                                                           PART 622—FISHERIES OF THE                              accountability measures (AMs).
                                                  alternative appears to provide a better                  CARIBBEAN, GULF OF MEXICO, AND
                                                  balance between season length and                                                                               *      *    *     *    *
                                                                                                           SOUTH ATLANTIC                                            (b) * * *
                                                  profit per trip than this alternative with
                                                  trip limits of either 150 lb (47.5 kg), or               ■ 1. The authority citation for part 622                  (2) Recreational sector. (i) If
                                                  300 lb (135 kg).                                         continues to read as follows:                          recreational landings, as estimated by
                                                     The fifth alternative would modify the                                                                       the SRD, exceed the recreational ACL
                                                                                                                Authority: 16 U.S.C. 1801 et seq.                 specified in paragraph (b)(2)(ii) of this
                                                  snowy grouper commercial trip limit to
                                                  150 lb (47.5 kg), year-round or until the                ■ 2. In § 622.183, paragraph (b)(8) is                 section, the AA will file a notification
                                                  commercial ACL is met or projected to                    added to read as follows:                              with the Office of the Federal Register,
                                                  be met, except for the period of May                                                                            at or near the beginning of the following
                                                  through August from Florida’s Brevard/                   § 622.183     Area and seasonal closures.              fishing year, to reduce the length of the
                                                  Indian River County line northward                       *     *     *     *     *                              following recreational fishing season by
                                                  when the trip limit will be one of the                     (b) * * *                                            the amount necessary to ensure
                                                  following: 200 lb (91 kg), 250 lb (112.5                   (8) Snowy grouper recreational sector                recreational landings do not exceed the
                                                  kg), or 300 lb (135 kg). This alternative                closure. The recreational sector for                   recreational ACL in the following
                                                  would provide for a lower trip limit                     snowy grouper in or from the South                     fishing year. When NMFS reduces the
                                                  than the preferred alternative, except in                Atlantic EEZ is closed from January 1                  length of the following recreational
                                                  May through August when an equal or                      through April 30, and September 1                      fishing season, the following closure
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                                                  higher trip limit would be allowed in                    through December 31, each year. During                 provisions apply: The bag and
                                                  certain areas. This alternative would                    a closure, the bag and possession limit                possession limits for snowy grouper in
                                                  likely benefit commercial vessels in                     for snowy grouper in or from the South                 or from the South Atlantic EEZ are zero.
                                                  areas north of Indian River County,                      Atlantic EEZ is zero.                                  These bag and possession limits also
                                                  Florida, more than vessels in other                      ■ 3. In § 622.190, the last sentence in                apply in the South Atlantic on board a
                                                  areas, at least during the period when                   paragraph (a) introductory text and                    vessel for which a valid Federal
                                                  vessels in the northern areas are allowed                paragraph (a)(1) are revised to read as                commercial or charter vessel/headboat
                                                  higher trip limits. Whether total profits                follows:                                               permit for South Atlantic snapper-


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                                                                      Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations                                               43039

                                                  grouper has been issued, without regard                  multi-year average of landings, as                    for 2018; 5,315 fish for 2019 and
                                                  to where such species were harvested,                    described in the FMP.                                 subsequent fishing years.
                                                  i.e., in state or Federal waters.                          (ii) The recreational ACL for snowy                 *     *     *     *    *
                                                  Recreational landings will be evaluated                  grouper is 4,152 fish for 2015; 4,483 fish            [FR Doc. 2015–17801 Filed 7–20–15; 8:45 am]
                                                  relative to the ACL based on a moving                    for 2016; 4,819 fish for 2017, 4,983 fish             BILLING CODE 3510–22–P
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Document Created: 2018-02-23 09:22:56
Document Modified: 2018-02-23 09:22:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective August 20, 2015.
ContactNikhil Mehta, telephone: 727-824-5305, or email: [email protected]
FR Citation80 FR 43033 
RIN Number0648-BE30
CFR AssociatedFisheries; Fishing; South Atlantic; Snapper-Grouper and Snowy Grouper

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