80_FR_48432 80 FR 48277 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 22

80 FR 48277 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 22

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range48277-48279
FR Document2015-19806

NMFS issues this final rule to implement Regulatory Amendment 22 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP)(Regulatory Amendment 22), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the annual catch limits (ACLs) for gag grouper (gag) and wreckfish and the directed commercial quota for gag, based upon revisions to the acceptable biological catch (ABC) and the optimum yield (OY) for gag and wreckfish. The purpose of this final rule is to help achieve OY and prevent overfishing of gag and wreckfish in the South Atlantic region while minimizing, to the extent practicable, adverse social and economic effects to the snapper-grouper fishery.

Federal Register, Volume 80 Issue 155 (Wednesday, August 12, 2015)
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48277-48279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19806]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150305220-5683-02]
RIN 0648-BE76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory 
Amendment 22

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

ACTION: Final rule.

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

SUMMARY: NMFS issues this final rule to implement Regulatory Amendment 
22 to the Fishery Management Plan for the Snapper-Grouper Fishery of 
the South Atlantic Region (FMP)(Regulatory Amendment 22), as prepared 
and submitted by the South Atlantic Fishery Management Council 
(Council). This final rule revises the annual catch limits (ACLs) for 
gag grouper (gag) and wreckfish and the directed commercial quota for 
gag, based upon revisions to the acceptable biological catch (ABC) and 
the optimum yield (OY) for gag and wreckfish. The purpose of this final 
rule is to help achieve OY and prevent overfishing of gag and wreckfish 
in the South Atlantic region while minimizing, to the extent 
practicable, adverse social and economic effects to the snapper-grouper 
fishery.

DATES: This rule is effective September 11, 2015, except for the 
amendments to Sec. Sec.  622.190(b) and 622.193(r)(1) which are 
effective August 12, 2015.

ADDRESSES: Electronic copies of Regulatory Amendment 22, which includes 
an environmental assessment, a Regulatory Flexibility Act (RFA) 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/reg_am22/index.html.

FOR FURTHER INFORMATION CONTACT: Mary Janine Vara, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: Gag and wreckfish are in the snapper-grouper 
fishery and are 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 June 4, 2015, NMFS published a proposed rule for Regulatory 
Amendment 22 and requested public comment through July 6, 2015 (80 FR 
31880). The proposed rule and Regulatory Amendment 22 set forth the 
rationale for the actions contained in this final rule. A summary of 
the actions implemented by Regulatory Amendment 22 and this final rule 
is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs and 
directed commercial quotas for gag for the 2015 through the 2019 
fishing years and subsequent fishing years, and revises the commercial 
and recreational ACLs for wreckfish for the 2015 through the 2020 
fishing years and subsequent fishing years.

Comments and Responses

    NMFS received a total of six unique comment submissions (some 
containing several comments) from three individuals, two fishing 
associations, and one Federal agency on Regulatory Amendment 22 and the 
proposed rule. Two comments were supportive of the actions contained in 
the regulatory amendment and proposed rule, one comment stated the 
commenter had no comments, and three of the comments expressed concerns 
regarding red snapper regulations, venting fish, fishery closures, 
sector allocations, tag programs, reporting requirements, and changing 
the Marine Recreational Information Program on accuracy and 
reliability; NMFS determined these comments were beyond the scope of 
the proposed rule and, therefore, they have not been addressed in this 
final rule. A summary of the comments relevant to Regulatory Amendment 
22 and the proposed rule and NMFS's responses are included below.
    Comment 1: One commenter questioned whether the 2012, 2013, and 
2014 catch years were included in the gag stock assessment, and asked 
why the recreational ACL will be lowered when the recreational sector 
caught only a percentage of the recreational ACL during those 3 years.
    Response: The stock assessment for gag was initially conducted in 
2006 and then updated in 2014 using data through 2012, and the 
recreational ACL is changing because of that stock assessment. Based on 
that stock assessment, the Council's Scientific and Statistical 
Committee (SSC) recommended new ABC levels for gag. This final rule 
sets the total ACL equal to 95 percent of the SSC's recommended

[[Page 48278]]

ABC. The ABC and total ACL for gag will initially decrease from 2014 
levels but will gradually increase after 2015 as the biomass increases, 
and will exceed 2014 levels in 2018. The sector allocations of 51 
percent commercial and 49 percent recreational that were established in 
Amendment 16 to the FMP (74 FR 30964, June 29, 2009) are applied to the 
total ACL to determine each sector's ACL. Thus, the recreational ACL is 
decreased because the ABC and total ACL are decreased. NMFS determined 
that Regulatory Amendment 22 is based on the best scientific 
information available.

Classification

    The NMFS Regional Administrator, Southeast Region, has determined 
that this final rule is necessary for the conservation and management 
of South Atlantic gag and wreckfish and is consistent with Regulatory 
Amendment 22, 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 Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification and NMFS has not received any new 
information that would affect its determination. No changes to the 
final rule were made in response to public comments. As a result, a 
final regulatory flexibility analysis was not required and none was 
prepared.
    The NOAA Assistant Administrator for Fisheries (AA) finds good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness for the commercial ACLs (commercial quotas) for wreckfish 
contained at Sec. Sec.  622.190(b) and 622.193(r)(1) in this final 
rule. The final rule increases the commercial ACLs for wreckfish in the 
South Atlantic exclusive economic zone (EEZ) to help achieve OY and 
prevent overfishing of wreckfish, while minimizing adverse social and 
economic effects on wreckfish. Implementing these increased commercial 
ACLs immediately provides timely opportunity for commercial wreckfish 
fishermen to achieve OY for the fishery, thereby helping to achieve the 
intent of this final rule.
    In addition, eliminating the 30-day delay in effectiveness will 
allow fishermen to access wreckfish during the summer when weather and 
sea conditions are most favorable for harvest. Wreckfish are taken far 
offshore and in deep water. Therefore, to enhance safety-at-sea, 
implementing the opportunity for commercial wreckfish fishermen to 
continue fishing right away would mean that fishermen will not need to 
fish later in the fishing year when weather can be poor, which is more 
likely to happen if these ACLs are implemented with a 30-day delay in 
effectiveness.

List of Subjects in 50 CFR Part 622

    Annual catch limits, Fisheries, Fishing, Gag, Quotas, South 
Atlantic, Wreckfish.

    Dated: August 7, 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.  622.190, the last sentence in the introductory text of 
paragraph (a), and paragraphs (a)(7) and (b), 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)(4) through (7) 
of this section which are in both gutted weight and round weight.
* * * * *
    (7) Gag--(i) For the 2015 fishing year--295,459 lb (134,018 kg), 
gutted weight; 348,642 lb (158,141 kg), round weight.
    (ii) For the 2016 fishing year--297,882 lb (135,117 kg), gutted 
weight; 351,501 (159,438 kg), round weight.
    (iii) For the 2017 fishing year--318,231 lb (144,347 kg), gutted 
weight; 375,513 lb (170,330 kg), round weight.
    (iv) For the 2018 fishing year--335,188 lb (152,039 kg), gutted 
weight; 395,522 lb (179,406 kg), round weight.
    (v) For the 2019 and subsequent fishing years--347,301 lb (157,533 
kg), gutted weight; 409,816 lb (185,889 kg), round weight.
* * * * *
    (b) Wreckfish. (1) The quotas for wreckfish apply to wreckfish 
shareholders, or their employees, contractors, or agents. The quotas 
are given round weight. See Sec.  622.172 for information on the 
wreckfish shareholder under the ITQ system.
    (i) For the 2015 fishing year--411,350 lb (186,585 kg).
    (ii) For the 2016 fishing year--402,515 (182,578 kg).
    (iii) For the 2017 fishing year--393,490 lb (178,484 kg).
    (iv) For the 2018 fishing year--385,985 lb (175,080 kg).
    (v) For the 2019 fishing year--376,960 lb (170,986 kg).
    (vi) For the 2020 and subsequent fishing years--369,645 lb (167,668 
kg).
    (2) [Reserved]
* * * * *

0
3. In Sec.  622.193, paragraphs (c) and (r) are revised to read as 
follows:


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

* * * * *
    (c) Gag--(1) Commercial sector. If commercial landings, as 
estimated by the SRD, reach or are projected to reach the applicable 
directed commercial quota, specified in Sec.  622.190(a)(7), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial sector for gag for the remainder of the fishing 
year. The commercial ACL for gag is 322,677 lb (146,364 kg), gutted 
weight, 380,759 lb (172,709 kg), round weight, for 2015; 325,100 lb 
(147,463 kg), gutted weight, 383,618 lb (174,006 kg), round weight, for 
2016; 345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg), 
round weight, for 2017; 362,406 lb (164,385 kg), gutted weight, 427,639 
lb (193,974 kg), round weight, for 2018; and 374,519 lb (169,879 kg), 
gutted weight, 441,932 lb (200,457 kg), round weight, for 2019 and 
subsequent fishing years.
    (2) Recreational sector. (i) If recreational landings, as estimated 
by the SRD, reach or are projected to reach the applicable recreational 
ACL, specified in paragraph (c)(2)(iv) of this section, and gag are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register to close the gag recreational sector for the remainder 
of the fishing year. On and after the effective date of such 
notification, the bag and possession limits for gag in or from the 
South Atlantic EEZ are zero.

[[Page 48279]]

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-grouper has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters.
    (ii) Without regard to overfished status, if gag recreational 
landings exceed the recreational ACL, 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 recreational ACL for that 
fishing year by the amount of the overage.
    (iii) Recreational landings will be evaluated relative to the ACL 
based on a moving multi-year average of landings, as described in the 
FMP.
    (iv) The recreational ACL for gag is 310,023 lb (148,025 kg), 
gutted weight, 365,827 (165,936 kg), round weight, for 2015; 312,351 lb 
(149,137 kg), gutted weight, 368,574 lb (175,981 kg), round weight, for 
2016; 331,902 lb (158,472 kg), gutted weight, 391,644 lb (186,997 kg), 
round weight, for 2017; 348,194 lb (166,251 kg), gutted weight, 410,869 
lb (196,176 kg), round weight, for 2018; and 359,832 lb (171,807 kg), 
gutted weight, 424,602 lb (202,733 kg), round weight, for 2019 and 
subsequent fishing years.
* * * * *
    (r) Wreckfish--(1) Commercial sector. The ITQ program for wreckfish 
in the South Atlantic serves as the accountability measure for 
commercial wreckfish. The commercial ACL for wreckfish is equal to the 
applicable commercial quota specified in Sec.  622.190(b).
    (2) Recreational sector. (i) If recreational landings for 
wreckfish, as estimated by the SRD, exceed the recreational ACL 
specified in paragraph (r)(2)(ii) of this section, then during the 
following fishing year, recreational landings will be monitored for a 
persistence in increased landings and, if necessary, the AA will file a 
notification with the Office of the Federal Register, to reduce the 
length of the following recreational fishing season by the amount 
necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. However, the length of 
the recreational season will also not be reduced during the following 
fishing year if the RA determines, using the best scientific 
information available, that a reduction in the length of the following 
fishing season is unnecessary.
    (ii) The recreational ACL for wreckfish is 21,650 (9,820 kg), round 
weight, for 2015; 21,185 lb (9,609 kg), round weight, for 2016; 20,710 
lb (9,394 kg), round weight, for 2017; 20,315 lb (9,215 kg), round 
weight, for 2018; 19,840 lb (8,999 kg), round weight, for 2019; and 
19,455 lb (8,825 kg), round weight, for 2020 and subsequent fishing 
years.
* * * * *
[FR Doc. 2015-19806 Filed 8-11-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                       48277

                                                   (c) The Director may approve a                       DEPARTMENT OF COMMERCE                                  On June 4, 2015, NMFS published a
                                                request for a suspension of the service                                                                       proposed rule for Regulatory
                                                or payment obligations for a period of                  National Oceanic and Atmospheric                      Amendment 22 and requested public
                                                one year. A renewal of this suspension                  Administration                                        comment through July 6, 2015 (80 FR
                                                may also be granted.                                                                                          31880). The proposed rule and
                                                                                                        50 CFR Part 622                                       Regulatory Amendment 22 set forth the
                                                   (d) Compliance by a participant with
                                                a service or payment obligation will be                 [Docket No. 150305220–5683–02]                        rationale for the actions contained in
                                                                                                                                                              this final rule. A summary of the actions
                                                considered impossible if the Director                   RIN 0648–BE76                                         implemented by Regulatory
                                                determines, on the basis of information
                                                                                                                                                              Amendment 22 and this final rule is
                                                and documentation as may be required,                   Fisheries of the Caribbean, Gulf of                   provided below.
                                                that the participant suffers from a                     Mexico, and South Atlantic; Snapper-
                                                physical or mental disability resulting                 Grouper Fishery Off the Southern                      Management Measures Contained in
                                                in the permanent inability of the                       Atlantic States; Regulatory                           This Final Rule
                                                participant to perform the service or                   Amendment 22                                             This final rule revises the commercial
                                                other activities that would be necessary                                                                      and recreational ACLs and directed
                                                                                                        AGENCY:  National Marine Fisheries
                                                to comply with the obligation.                                                                                commercial quotas for gag for the 2015
                                                                                                        Service (NMFS), National Oceanic and
                                                   (e) In determining whether to waive                  Atmospheric Administration (NOAA),                    through the 2019 fishing years and
                                                or suspend any or all of the service or                 Commerce.                                             subsequent fishing years, and revises
                                                payment obligations of a participant as                 ACTION: Final rule.
                                                                                                                                                              the commercial and recreational ACLs
                                                imposing an undue hardship and being                                                                          for wreckfish for the 2015 through the
                                                against equity and good conscience, the                 SUMMARY:    NMFS issues this final rule to            2020 fishing years and subsequent
                                                Director, on the basis of information and               implement Regulatory Amendment 22                     fishing years.
                                                documentation as may be required, will                  to the Fishery Management Plan for the                Comments and Responses
                                                consider:                                               Snapper-Grouper Fishery of the South
                                                                                                        Atlantic Region (FMP)(Regulatory                         NMFS received a total of six unique
                                                   (1) The participant’s present financial                                                                    comment submissions (some containing
                                                                                                        Amendment 22), as prepared and
                                                resources and obligations;                                                                                    several comments) from three
                                                                                                        submitted by the South Atlantic Fishery
                                                   (2) The participant’s estimated future               Management Council (Council). This                    individuals, two fishing associations,
                                                financial resources and obligations; and                final rule revises the annual catch limits            and one Federal agency on Regulatory
                                                                                                        (ACLs) for gag grouper (gag) and                      Amendment 22 and the proposed rule.
                                                   (3) The extent to which the
                                                                                                        wreckfish and the directed commercial                 Two comments were supportive of the
                                                participant has problems of a personal
                                                                                                        quota for gag, based upon revisions to                actions contained in the regulatory
                                                nature, such as physical or mental
                                                                                                        the acceptable biological catch (ABC)                 amendment and proposed rule, one
                                                disability or terminal illness in the
                                                                                                        and the optimum yield (OY) for gag and                comment stated the commenter had no
                                                immediate family, which so intrude on
                                                                                                        wreckfish. The purpose of this final rule             comments, and three of the comments
                                                the participant’s present and future
                                                                                                        is to help achieve OY and prevent                     expressed concerns regarding red
                                                ability to perform as to raise a
                                                                                                        overfishing of gag and wreckfish in the               snapper regulations, venting fish,
                                                presumption that the individual will be
                                                                                                        South Atlantic region while minimizing,               fishery closures, sector allocations, tag
                                                unable to begin or complete the
                                                                                                        to the extent practicable, adverse social             programs, reporting requirements, and
                                                obligation incurred.                                                                                          changing the Marine Recreational
                                                                                                        and economic effects to the snapper-
                                                § 68b.12 What other regulations and                     grouper fishery.                                      Information Program on accuracy and
                                                statutes apply?                                         DATES: This rule is effective September               reliability; NMFS determined these
                                                                                                        11, 2015, except for the amendments to                comments were beyond the scope of the
                                                  Several other regulations and statutes                                                                      proposed rule and, therefore, they have
                                                apply to this part. These include, but are              §§ 622.190(b) and 622.193(r)(1) which
                                                                                                        are effective August 12, 2015.                        not been addressed in this final rule. A
                                                not necessarily limited to:                                                                                   summary of the comments relevant to
                                                                                                        ADDRESSES: Electronic copies of
                                                  (a) Debt Collection Act of 1982 (31                   Regulatory Amendment 22, which                        Regulatory Amendment 22 and the
                                                U.S.C. 3701 et seq.);                                   includes an environmental assessment,                 proposed rule and NMFS’s responses
                                                  (b) Debt Collection Improvement Act                   a Regulatory Flexibility Act (RFA)                    are included below.
                                                of 1996 (31 U.S.C. 3701 note);                                                                                   Comment 1: One commenter
                                                                                                        analysis, and a regulatory impact
                                                                                                                                                              questioned whether the 2012, 2013, and
                                                  (c) Fair Credit Reporting Act (15                     review, may be obtained from the
                                                                                                                                                              2014 catch years were included in the
                                                U.S.C. 1681 et seq.);                                   Southeast Regional Office Web site at
                                                                                                                                                              gag stock assessment, and asked why
                                                                                                        http://sero.nmfs.noaa.gov/sustainable_
                                                  (d) Federal Debt Collection                                                                                 the recreational ACL will be lowered
                                                                                                        fisheries/s_atl/sg/2015/reg_am22/
                                                Procedures Act of 1990 (28 U.S.C. 176);                                                                       when the recreational sector caught only
                                                                                                        index.html.
                                                and                                                                                                           a percentage of the recreational ACL
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      during those 3 years.
                                                  (e) Privacy Act of 1974 (5 U.S.C.                     Mary Janine Vara, telephone: 727–824–
                                                552a).                                                                                                           Response: The stock assessment for
                                                                                                        5305, email: mary.vara@noaa.gov.                      gag was initially conducted in 2006 and
                                                  Dated: March 27, 2015.                                SUPPLEMENTARY INFORMATION: Gag and                    then updated in 2014 using data
                                                Francis S. Collins,                                     wreckfish are in the snapper-grouper                  through 2012, and the recreational ACL
mstockstill on DSK4VPTVN1PROD with RULES




                                                Director, National Institutes of Health.                fishery and are managed under the FMP.                is changing because of that stock
                                                  Approved: July 29, 2015.                              The FMP was prepared by the Council                   assessment. Based on that stock
                                                                                                        and is implemented through regulations                assessment, the Council’s Scientific and
                                                Sylvia M. Burwell,
                                                                                                        at 50 CFR part 622 under the authority                Statistical Committee (SSC)
                                                Secretary.                                              of the Magnuson-Stevens Fishery                       recommended new ABC levels for gag.
                                                [FR Doc. 2015–19739 Filed 8–11–15; 8:45 am]             Conservation and Management Act                       This final rule sets the total ACL equal
                                                BILLING CODE 4140–01–P                                  (Magnuson-Stevens Act).                               to 95 percent of the SSC’s recommended


                                           VerDate Sep<11>2014   18:35 Aug 11, 2015   Jkt 235001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\12AUR1.SGM   12AUR1


                                                48278            Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations

                                                ABC. The ABC and total ACL for gag                         In addition, eliminating the 30-day                gutted weight; 409,816 lb (185,889 kg),
                                                will initially decrease from 2014 levels                delay in effectiveness will allow                     round weight.
                                                but will gradually increase after 2015 as               fishermen to access wreckfish during                  *       *     *    *     *
                                                the biomass increases, and will exceed                  the summer when weather and sea                          (b) Wreckfish. (1) The quotas for
                                                2014 levels in 2018. The sector                         conditions are most favorable for                     wreckfish apply to wreckfish
                                                allocations of 51 percent commercial                    harvest. Wreckfish are taken far offshore             shareholders, or their employees,
                                                and 49 percent recreational that were                   and in deep water. Therefore, to                      contractors, or agents. The quotas are
                                                established in Amendment 16 to the                      enhance safety-at-sea, implementing the               given round weight. See § 622.172 for
                                                FMP (74 FR 30964, June 29, 2009) are                    opportunity for commercial wreckfish                  information on the wreckfish
                                                applied to the total ACL to determine                   fishermen to continue fishing right away              shareholder under the ITQ system.
                                                each sector’s ACL. Thus, the                            would mean that fishermen will not                       (i) For the 2015 fishing year—411,350
                                                recreational ACL is decreased because                   need to fish later in the fishing year                lb (186,585 kg).
                                                the ABC and total ACL are decreased.                    when weather can be poor, which is                       (ii) For the 2016 fishing year—402,515
                                                NMFS determined that Regulatory                         more likely to happen if these ACLs are               (182,578 kg).
                                                Amendment 22 is based on the best                       implemented with a 30-day delay in                       (iii) For the 2017 fishing year—
                                                scientific information available.                       effectiveness.                                        393,490 lb (178,484 kg).
                                                Classification                                          List of Subjects in 50 CFR Part 622                      (iv) For the 2018 fishing year—
                                                                                                                                                              385,985 lb (175,080 kg).
                                                   The NMFS Regional Administrator,                       Annual catch limits, Fisheries,                        (v) For the 2019 fishing year—376,960
                                                Southeast Region, has determined that                   Fishing, Gag, Quotas, South Atlantic,                 lb (170,986 kg).
                                                this final rule is necessary for the                    Wreckfish.                                               (vi) For the 2020 and subsequent
                                                conservation and management of South                      Dated: August 7, 2015.                              fishing years—369,645 lb (167,668 kg).
                                                Atlantic gag and wreckfish and is                                                                                (2) [Reserved]
                                                                                                        Samuel D. Rauch III,
                                                consistent with Regulatory Amendment                                                                          *       *     *    *     *
                                                                                                        Deputy Assistant Administrator for
                                                22, the FMP, the Magnuson-Stevens Act,
                                                                                                        Regulatory Programs, National Marine                  ■ 3. In § 622.193, paragraphs (c) and (r)
                                                and other applicable law.                               Fisheries Service.                                    are revised to read as follows:
                                                   This final rule has been determined to
                                                be not significant for purposes of                        For the reasons set out in the                      § 622.193 Annual catch limits (ACLs),
                                                Executive Order 12866.                                  preamble, 50 CFR part 622 is amended                  annual catch targets (ACTs), and
                                                   The Chief Counsel for Regulation of                  as follows:                                           accountability measures (AMs).
                                                the Department of Commerce certified                                                                          *      *     *     *     *
                                                                                                        PART 622—FISHERIES OF THE
                                                to the Chief Counsel for Advocacy of the                                                                        (c) Gag—(1) Commercial sector. If
                                                                                                        CARIBBEAN, GULF OF MEXICO, AND
                                                Small Business Administration during                                                                          commercial landings, as estimated by
                                                                                                        SOUTH ATLANTIC
                                                the proposed rule stage that this action                                                                      the SRD, reach or are projected to reach
                                                would not have a significant economic                                                                         the applicable directed commercial
                                                                                                        ■ 1. The authority citation for part 622
                                                impact on a substantial number of small                                                                       quota, specified in § 622.190(a)(7), the
                                                                                                        continues to read as follows:
                                                entities. The factual basis for this                                                                          AA will file a notification with the
                                                certification was published in the                          Authority: 16 U.S.C. 1801 et seq.                 Office of the Federal Register to close
                                                proposed rule and is not repeated here.                 ■ 2. In § 622.190, the last sentence in the           the commercial sector for gag for the
                                                No comments were received regarding                     introductory text of paragraph (a), and               remainder of the fishing year. The
                                                the certification and NMFS has not                      paragraphs (a)(7) and (b), are revised to             commercial ACL for gag is 322,677 lb
                                                received any new information that                       read as follows:                                      (146,364 kg), gutted weight, 380,759 lb
                                                would affect its determination. No                                                                            (172,709 kg), round weight, for 2015;
                                                changes to the final rule were made in                  § 622.190    Quotas.                                  325,100 lb (147,463 kg), gutted weight,
                                                response to public comments. As a                       *       *     *    *     *                            383,618 lb (174,006 kg), round weight,
                                                result, a final regulatory flexibility                     (a) * * * The quotas are in gutted                 for 2016; 345,449 lb (197,516 kg), gutted
                                                analysis was not required and none was                  weight, that is eviscerated but otherwise             weight, 407,630 lb (184,898 kg), round
                                                prepared.                                               whole, except for the quotas in                       weight, for 2017; 362,406 lb (164,385
                                                   The NOAA Assistant Administrator                     paragraphs (a)(4) through (7) of this                 kg), gutted weight, 427,639 lb (193,974
                                                for Fisheries (AA) finds good cause                     section which are in both gutted weight               kg), round weight, for 2018; and 374,519
                                                under 5 U.S.C. 553(d)(3) to waive the                   and round weight.                                     lb (169,879 kg), gutted weight, 441,932
                                                30-day delay in effectiveness for the                   *       *     *    *     *                            lb (200,457 kg), round weight, for 2019
                                                commercial ACLs (commercial quotas)                                                                           and subsequent fishing years.
                                                                                                           (7) Gag—(i) For the 2015 fishing
                                                for wreckfish contained at §§ 622.190(b)                                                                         (2) Recreational sector. (i) If
                                                                                                        year—295,459 lb (134,018 kg), gutted
                                                and 622.193(r)(1) in this final rule. The                                                                     recreational landings, as estimated by
                                                                                                        weight; 348,642 lb (158,141 kg), round
                                                final rule increases the commercial                                                                           the SRD, reach or are projected to reach
                                                                                                        weight.
                                                ACLs for wreckfish in the South                                                                               the applicable recreational ACL,
                                                Atlantic exclusive economic zone (EEZ)                     (ii) For the 2016 fishing year—297,882             specified in paragraph (c)(2)(iv) of this
                                                to help achieve OY and prevent                          lb (135,117 kg), gutted weight; 351,501               section, and gag are overfished, based
                                                overfishing of wreckfish, while                         (159,438 kg), round weight.                           on the most recent Status of U.S.
                                                minimizing adverse social and                              (iii) For the 2017 fishing year—                   Fisheries Report to Congress, the AA
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                                                economic effects on wreckfish.                          318,231 lb (144,347 kg), gutted weight;               will file a notification with the Office of
                                                Implementing these increased                            375,513 lb (170,330 kg), round weight.                the Federal Register to close the gag
                                                commercial ACLs immediately provides                       (iv) For the 2018 fishing year—                    recreational sector for the remainder of
                                                timely opportunity for commercial                       335,188 lb (152,039 kg), gutted weight;               the fishing year. On and after the
                                                wreckfish fishermen to achieve OY for                   395,522 lb (179,406 kg), round weight.                effective date of such notification, the
                                                the fishery, thereby helping to achieve                    (v) For the 2019 and subsequent                    bag and possession limits for gag in or
                                                the intent of this final rule.                          fishing years—347,301 lb (157,533 kg),                from the South Atlantic EEZ are zero.


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                                                                 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations                                             48279

                                                These bag and possession limits also                    kg), gutted weight, 391,644 lb (186,997               with the Office of the Federal Register,
                                                apply in the South Atlantic on board a                  kg), round weight, for 2017; 348,194 lb               to reduce the length of the following
                                                vessel for which a valid Federal                        (166,251 kg), gutted weight, 410,869 lb               recreational fishing season by the
                                                commercial or charter vessel/headboat                   (196,176 kg), round weight, for 2018;                 amount necessary to ensure recreational
                                                permit for South Atlantic snapper-                      and 359,832 lb (171,807 kg), gutted                   landings do not exceed the recreational
                                                grouper has been issued, without regard                 weight, 424,602 lb (202,733 kg), round                ACL in the following fishing year.
                                                to where such species were harvested,                   weight, for 2019 and subsequent fishing               However, the length of the recreational
                                                i.e., in state or Federal waters.                       years.                                                season will also not be reduced during
                                                   (ii) Without regard to overfished                    *      *      *     *     *                           the following fishing year if the RA
                                                status, if gag recreational landings                                                                          determines, using the best scientific
                                                exceed the recreational ACL, the AA                        (r) Wreckfish—(1) Commercial sector.
                                                                                                        The ITQ program for wreckfish in the                  information available, that a reduction
                                                will file a notification with the Office of                                                                   in the length of the following fishing
                                                the Federal Register, at or near the                    South Atlantic serves as the
                                                                                                        accountability measure for commercial                 season is unnecessary.
                                                beginning of the following fishing year,
                                                                                                        wreckfish. The commercial ACL for                       (ii) The recreational ACL for
                                                to reduce the recreational ACL for that
                                                                                                        wreckfish is equal to the applicable                  wreckfish is 21,650 (9,820 kg), round
                                                fishing year by the amount of the
                                                                                                        commercial quota specified in                         weight, for 2015; 21,185 lb (9,609 kg),
                                                overage.
                                                   (iii) Recreational landings will be                  § 622.190(b).                                         round weight, for 2016; 20,710 lb (9,394
                                                evaluated relative to the ACL based on                     (2) Recreational sector. (i) If                    kg), round weight, for 2017; 20,315 lb
                                                a moving multi-year average of landings,                recreational landings for wreckfish, as               (9,215 kg), round weight, for 2018;
                                                as described in the FMP.                                estimated by the SRD, exceed the                      19,840 lb (8,999 kg), round weight, for
                                                   (iv) The recreational ACL for gag is                 recreational ACL specified in paragraph               2019; and 19,455 lb (8,825 kg), round
                                                310,023 lb (148,025 kg), gutted weight,                 (r)(2)(ii) of this section, then during the           weight, for 2020 and subsequent fishing
                                                365,827 (165,936 kg), round weight, for                 following fishing year, recreational                  years.
                                                2015; 312,351 lb (149,137 kg), gutted                   landings will be monitored for a                      *      *    *     *     *
                                                weight, 368,574 lb (175,981 kg), round                  persistence in increased landings and, if             [FR Doc. 2015–19806 Filed 8–11–15; 8:45 am]
                                                weight, for 2016; 331,902 lb (158,472                   necessary, the AA will file a notification            BILLING CODE 3510–22–P
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Document Created: 2016-09-27 22:27:10
Document Modified: 2016-09-27 22:27:10
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 September 11, 2015, except for the amendments to Sec. Sec. 622.190(b) and 622.193(r)(1) which are effective August 12, 2015.
ContactMary Janine Vara, telephone: 727-824- 5305, email: [email protected]
FR Citation80 FR 48277 
RIN Number0648-BE76
CFR AssociatedAnnual Catch Limits; Fisheries; Fishing; Gag; Quotas; South Atlantic and Wreckfish

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