[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61295-61299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24791]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-BC03


Snapper-Grouper Fishery off the Southern Atlantic States; 
Snapper-Grouper Management Measures

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

ACTION: Final rule.

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

SUMMARY: NMFS issues this final rule to implement a regulatory 
amendment (Regulatory Amendment 12) to the Fishery Management Plan for 
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as 
prepared by the South Atlantic Fishery Management Council (Council). 
Regulatory Amendment 12 revises the optimum yield (OY) for golden 
tilefish in the South Atlantic exclusive economic zone (EEZ) and 
modifies the golden tilefish annual catch limit (ACL) to be equal to 
the OY. Regulatory Amendment 12 also revises the recreational 
accountability measures (AMs). This rule specifies the revised 
commercial and recreational ACLs for golden tilefish and the revised 
recreational AMs for golden tilefish. Additionally, through this final 
rule, NMFS announces the reopening of the golden tilefish commercial 
sector with a commercial trip limit of 300 lb (136 kg) for the 2012 
fishing year. The intent of this rule is to modify management measures 
for golden tilefish in the commercial and recreational sectors in the 
South Atlantic based on new stock assessment analyses.

DATES: This rule is effective October 9, 2012 except regulations at 
Sec.  622.49(b)(1)(ii) which will be effective November 8, 2012. The 
commercial

[[Page 61296]]

sector for golden tilefish will reopen at 12:01 a.m. on October 9, 2012 
and will remain open until the end of the fishing year or until further 
notice is published in the Federal Register.

ADDRESSES: Electronic copies of Regulatory Amendment 12, which includes 
an environmental assessment, regulatory flexibility analysis, 
regulatory impact review, and fishery impact statement, may be obtained 
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/SASnapperGrouperHomepage.htm.

FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, 
NMFS, telephone: 727-824-5305, or email: Karla.Gore@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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 July 20, 2012, NMFS published a proposed rule in the Federal 
Register for Regulatory Amendment 12 and requested public comment (77 
FR 42688). The proposed rule and Regulatory Amendment 12 explained the 
rationale for the actions contained in this final rule, and they are 
not repeated here.

Management Measures Contained in This Final Rule

    This final rule increases the South Atlantic golden tilefish 
commercial ACL from 316,757 lb (143,679 kg), round weight, or 282,819 
lb (128,285 kg), gutted weight, to 606,250 lb (274,990 kg), round 
weight, or 541,295 lb (245,527 kg), gutted weight, and increases the 
recreational ACL from 1,578 fish to 3,019 fish. The commercial and 
recreational ACL increases are based on the stock ACL increase in 
Regulatory Amendment 12 and the commercial and recreational allocations 
previously established in Amendment 17B to the FMP.
    This final rule also modifies the AMs for the golden tilefish 
recreational sector of the snapper-grouper fishery. If recreational 
landings for golden tilefish reach, or are projected to reach the 
recreational ACL, NMFS will file a notification with the Office of the 
Federal Register to close the recreational sector for the remainder of 
the fishing year. Additionally, if the ACL is exceeded, then during the 
following fishing year, recreational landings will be monitored and, if 
necessary, the length of the following recreational fishing season will 
be reduced by the amount necessary to ensure recreational landings do 
not exceed the recreational ACL in the following fishing year.

Management Measures Contained in Regulatory Amendment 12

    Additionally, Regulatory Amendment 12 revises OY for golden 
tilefish and establishes the ACL equal to the OY and equal to the yield 
at 75 percent of the fishing mortality at MSY when the population is at 
equilibrium.

Reopening the Commercial Sector for Golden Tilefish

    The golden tilefish fishing year extends from January 1 through 
December 31 each year. NMFS closed the commercial sector for golden 
tilefish on February 17, 2012, because the commercial ACL (equal to the 
commercial quota) was projected to have been reached by that date (77 
FR 8750, February 15, 2012). However, due to the increased commercial 
ACL implemented through this final rule, NMFS has determined based on 
current information that additional golden tilefish may be harvested. 
Therefore, NMFS announces the reopening of the commercial sector for 
golden tilefish through this final rule. The commercial sector for 
golden tilefish will reopen at 12:01 a.m. on October 9, 2012. 
Regulations at Sec.  622.44(c)(2)(ii) state that after 75 percent of 
the fishing year quota (commercial ACL) specified in Sec.  622.42(e)(2) 
is reached, the trip limit for the commercial sector of golden tilefish 
is 300 lb (136 kg), gutted weight. NMFS has determined that 75 percent 
of the commercial quota (commercial ACL) has been landed and, thus, 
reopens the commercial sector for golden tilefish with the reduced trip 
limit of 300 lb (136 kg), gutted weight, for the remainder of the 
fishing year, or until the new ACL is reached or projected to be 
reached. If the new ACL is reached or projected to be reached before 
the end of the fishing year, NMFS will file a notification with the 
Office of the Federal Register to close the commercial sector for 
golden tilefish for the remainder of the fishing year.
    NMFS closed the recreational sector for golden tilefish on June 4, 
2012, because the recreational ACL was projected to have been reached 
by that date (77 FR 32914, June 4, 2012). NMFS has determined that the 
increased recreational ACL, implemented through this final rule, has 
been harvested. Therefore, NMFS is not reopening the recreational 
sector for golden tilefish for the current fishing year.

Other Changes Not Contained in Regulatory Amendment 12

    NMFS updates regulations at Sec.  622.49(b)(1)(i) for the golden 
tilefish commercial sector AMs to clarify that the commercial quota is 
equal to the commercial ACL.

Comments and Responses

    A total of 6 comments were received on the proposed rule for 
Regulatory Amendment 12, including comments from individuals and two 
fishing associations. Specific comments related to the actions 
contained in Regulatory Amendment 12 and the proposed rule, as well as 
NMFS' respective responses, are summarized below. Similar comments are 
grouped together.
    Comment 1: Multiple comments were received regarding the reopening 
of the commercial sector for golden tilefish, specifically with regards 
to the commercial trip limit and reopening procedures. One comment 
stated that the golden tilefish trip limit should be set at 300 lb (136 
kg), gutted weight, rather than 4,000 lb (1,814 kg), gutted weight, to 
ensure that the hook-and-line component of the commercial sector has 
the opportunity to fish for golden tilefish and the quota is not 
exceeded. A second comment stated that golden tilefish should reopen 
for a fixed time-period based on projections of past highest weeks of 
landings instead of the 4,000 lb (1,814 kg), gutted weight, trip limit. 
A third comment stated that if 75 percent of the hook-and-line quota is 
not met by September 1, boats with longline endorsements should be able 
to participate in the hook-and-line component of the commercial sector, 
using bandit reels, under a 500 lb (227 kg), gutted weight, trip limit. 
A fourth comment stated that golden tilefish should be open for the 
first 15 days of each month with a 4,000 lb (1,814 kg), gutted weight, 
trip limit. The fourth comment continued by stating that after 70 
percent of the quota (ACL) is caught, reporting of catch should be 
required 24 hours after landing to ensure the ACL is not exceeded and 
that this procedure should continue monthly until the ACL is reached.
    Response: Current regulations specify that the trip limit for the 
golden tilefish commercial sector is reduced from 4,000 lb (1,814 kg), 
gutted weight, to 300 lb (136 kg), gutted weight, after 75 percent of 
the quota (ACL) is met. If 75 percent of the fishing-year ACL has not 
been taken on or before September 1, the trip limit will not be 
reduced. Based on landings information for 2012, NMFS has determined 
that 75 percent of the revised ACL was landed before

[[Page 61297]]

September 1. Therefore, NMFS is reopening the commercial sector with a 
trip limit of 300 lb (136 kg), gutted weight.
    Regulatory Amendment 12 and this rule do not modify the commercial 
trip limit or reopening procedures. Many of the comments related to the 
reopening of the commercial sector appear to be directed to Amendment 
18B to the FMP, which is under review by the Secretary and not part of 
this rulemaking. For reference, Amendment 18B considers the 
establishment of a longline endorsement program, allocations of the 
quota to the longline and hook-and-line components of the commercial 
sector, and modifications to the golden tilefish trip limit, including 
a 500-lb (227-kg), gutted weight, trip limit for fishermen with a South 
Atlantic Unlimited Snapper-Grouper Permit who do not qualify for an 
endorsement.
    Comment 2: The revised ACL and reopening of the commercial sector 
for golden tilefish should take effect on August 1, 2012.
    Response: The comment period on the proposed rule ended on August 
20, 2012. NMFS must consider all public comments before implementing 
the amendment.
    Comment 3: The recreational allocation for golden tilefish should 
be increased from 3 percent to 20 percent.
    Response: Sector allocations were not considered in Regulatory 
Amendment 12. The recreational ACL implemented in this final rule is 
based on the allocations previously specified by the Council in 
Amendment 17B to the FMP.
    Comment 4: The recreational bag limit should be increased to two 
fish per person or six fish per vessel, whichever is fewer.
    Response: The current recreational bag limit for golden tilefish is 
one fish per vessel. Regulatory Amendment 12 did not consider an action 
to modify the recreational bag limit for golden tilefish and therefore 
NMFS did not propose any change to the current bag limit.
    Comment 5: The current ACL for golden tilefish is too low. There 
needs to be a new stock assessment to revise the ACL.
    Response: Regulatory Amendment 12 increases the ACL for golden 
tilefish based on the results of a stock assessment completed in 
November 2011, and reviewed by the Council in December 2011. This stock 
assessment is the best scientific information available. When new data 
and information become available, a new stock assessment for golden 
tilefish will be completed and will be reviewed by the Council's 
Scientific and Statistical Committee (SSC) and considered by the 
Council. At the time of this final rule, the date of the next stock 
assessment has not been determined.
    Comment 6: Regulatory Amendment 12 does not address the need to 
reduce participation in the golden tilefish component of the snapper-
grouper fishery so that the fishing season can be extended and the ACL 
is not exceeded.
    Response: NMFS agrees that Regulatory Amendment 12 does not address 
reducing participation in the golden tilefish component of the snapper-
grouper fishery. Amendment 18B, under review by the Secretary, would 
establish an endorsement program for golden tilefish to limit 
participation in the longline component, and allocate a portion of the 
quota to the hook-and-line and longline components of the commercial 
sector. These measures, if implemented, would be expected to extend the 
fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary to more efficiently manage the golden 
tilefish component of the snapper-grouper fishery and is consistent 
with the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) was prepared. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant economic issues raised by public comments, 
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. No changes to 
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 while minimizing, to the 
extent practicable, the adverse effects on fishers, support industries, 
and associated communities. The preamble to the final rule provides a 
statement and need for, and the objectives of this rule, and is not 
repeated here.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. This rule would not introduce any changes to current 
reporting, record-keeping, and other compliance requirements.
    NMFS expects the rule to directly affect commercial fishers and 
for-hire operators. 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 $4.0 million (NAICS code 114111, finfish fishing) for all of 
its affiliated operations worldwide. For for-hire vessels, other 
qualifiers apply and the annual receipts threshold is $7.0 million 
(NAICS code 713990, recreational industries).
    A total of 142 vessels using hook-and-line gear and 38 vessels 
using longline gear landed golden tilefish in any one year during 2005-
2010. Vessels using hook-and-line gear landed an annual average of 
about 27,000 lb (12,247 kg), gutted weight, of golden tilefish and 
220,000 lb (99,790 kg), gutted weight, of other snapper-grouper 
species. Gross revenues of these vessels annually averaged $76,000 
(2010 dollars) from golden tilefish and $567,000 (2010 dollars) from 
other snapper-grouper species. For 2005-2010, vessels using longline 
gear landed an annual average of about 298,000 lb (135,172 kg), gutted 
weight, of golden tilefish and 153,000 lb (69,400 kg), gutted weight, 
of other snapper-grouper species. For this period, their revenues 
annually averaged $802,000 from golden tilefish and $286,000 from other 
snapper-grouper species. On average, vessels using hook-and-line gear 
depended on other snapper-grouper species for a majority of their 
revenues while vessels using longline gear depended on golden tilefish 
as their major source of revenues. Some vessels using hook-and-line 
gear could be expected to be more dependent on golden tilefish as a 
major source of revenues. Similarly, some vessels using longline gear 
could be more dependent on other snapper-grouper species as a major 
source of revenues. These vessels, using hook-and-line or longline 
gear, are considered to comprise the universe of commercial vessels 
directly affected by actions in this regulatory amendment, including 
the ACL alternatives. With the ACL increase, other commercial vessels 
may enter or re-enter the golden tilefish portion of the snapper-
grouper fishery, but it is not reasonably possible to determine how 
many vessels would do so.
    Based on revenue information, all commercial vessels affected by 
this final rule can be considered small entities.

[[Page 61298]]

    From 2005-2010, an annual average of 1,985 vessels had valid 
permits to operate in the snapper-grouper for-hire sector, of which 85 
are estimated to have operated as headboats. The for-hire fleet 
consists of charterboats, which charge a fee on a vessel basis, and 
headboats, which charge a fee on an individual angler (head) basis. The 
charterboat annual average gross revenue (2010 dollars) is estimated to 
range from approximately $62,000-$84,000 for Florida vessels, $73,000-
$89,000 for North Carolina vessels, $68,000-$83,000 for Georgia 
vessels, and $32,000-$39,000 for South Carolina vessels. For headboats, 
the corresponding revenue estimates are $170,000-$362,000 for Florida 
vessels, and $149,000-$317,000 for vessels in the other states.
    Based on these average revenue figures, all for-hire operations 
that would be affected by the rule can be considered small entities.
    Some fleet activity, i.e., multiple vessels owned by a single 
entity, may exist in both the commercial and for-hire snapper-grouper 
sectors to an unknown extent, and all vessels are considered as 
independent entities in this analysis.
    NMFS expects the rule to directly affect all federally permitted 
commercial vessels harvesting golden tilefish and for-hire vessels that 
operate in the South Atlantic snapper-grouper fishery. All directly 
affected entities have been determined, for the purpose of this 
analysis, to be small entities. Therefore, NMFS determines that the 
rule would affect a substantial number of small entities.
    Because NMFS determines that all entities expected to be affected 
by the rule are small entities, the issue of disproportional effects on 
small versus large entities does not arise in the present case.
    This rule will not modify the commercial AM. Therefore, an ACL 
increase will result in revenue increases to the commercial vessels. It 
is also expected that such revenue increases would lead to profit 
increases, although the magnitude of profit increases cannot be 
estimated based on available information.
    This rule will modify the current recreational post-season AM and 
add a new recreational in-season AM. The recreational sector has 
exceeded its ACL in recent years. In 2011, this sector exceeded its ACL 
by more than 500 percent. The ACL increase would not be enough to 
compensate for the expected overages in the recreational sector. Hence, 
with the in-season and post-season AM for the recreational sector, the 
for-hire entities may be expected to experience profit reductions even 
if the ACL is increased. The magnitude of such profit reduction cannot 
be estimated based on available information.
    Because the commercial sector harvests substantially more golden 
tilefish than the recreational sector, receiving 97 percent of the 
combined ACL, NMFS expects that the profit increases to the commercial 
sector would cumulatively outweigh the profit decreases to the for-hire 
sector. Hence, NMFS expects that the ACL increase would yield positive 
net profit to small entities that participate in the golden tilefish 
component of the snapper-grouper fishery.
    Reopening the 2012 fishing season for the commercial harvest of 
golden tilefish with a 300 lb (136 kg) trip limit would result in the 
immediate realization of some of the benefits of the rule.
    The following discussion analyzes the alternatives that were not 
chosen as preferred by the Council. Five alternatives, including the 
preferred alternative, were considered for revising the ACL and OY for 
golden tilefish. The first alternative, the no action alternative, 
would maintain the existing ACL, which is equal to OY and the OY is 
equal to 75 percent of the fishing mortality at MSY. This is not a 
viable alternative because, based on updated biomass information, it 
would result in an ACL that is greater than the acceptable biological 
catch (ABC) recommended by the Council's SSC. The second alternative 
would set the ACL equal to the OY and the OY equal to the ABC. Due to 
its larger ACL, this alternative would result in larger short-term 
revenue and profit increases to commercial vessels than the preferred 
alternative. For the same reason, it would also result in better 
fishing opportunities and possibly higher profits to for-hire vessels 
than the preferred alternative. However, this alternative poses some 
risks, largely absent in the preferred alternative, of pushing the 
stock to an overfished level; fishery managers can overshoot the 
equilibrium biomass target, which could result in the population 
biomass dropping below both target and limit levels. In addition, this 
alternative provides for declining ACLs over time, which would tend to 
invite controversy, especially when the stock is abundant and not 
overfished. On the other hand, the preferred alternative would provide 
for stable harvest levels over time that, although lower than those of 
the second alternative, would still be substantially higher than 
current levels. The third alternative would set the ACL equal to the OY 
and the OY equal to 90 percent of the ABC. The fourth alternative would 
set the ACL equal to the OY and the OY equal to 80 percent of the ABC. 
These two other alternatives would provide for lower ACLs than the 
preferred alternative, and thus lower economic benefits as well.
    Four alternatives, including the preferred alternative, were 
considered for revising the recreational AMs for golden tilefish. The 
first alternative, the no action alternative, is a post-season AM and 
employs a 3-year averaging method for determining ACL overages. Without 
an in-season AM, this alternative would not be as effective as the 
preferred alternative in preventing overages in the recreational 
sector. In addition, given the relatively large recreational harvests 
in recent years, the 3-year averaging method for determining ACL 
overages could potentially trigger the application of the AM even if no 
overages occurred in the current year. This would result in short-term 
reductions in profits and might also delay the benefits that would 
accrue from increasing the sector's ACL. The second alternative would 
specify a recreational sector AM trigger and includes two sub-
alternatives, including the preferred sub-alternative. The first sub-
alternative would not specify a recreational sector AM trigger, thus 
possibly limiting adverse effects on the profits of small entities. 
However, it would not provide for a measurable index in addressing the 
overages in the recreational sector. The third alternative would 
specify a recreational sector in-season AM and includes two sub-
alternatives, including the preferred sub-alternative. The first sub-
alternative would not specify a recreational sector in-season AM. This 
sub-alternative would likely result in higher profits to small entities 
than the preferred sub-alternative. However, it would not address the 
overages in the recreational sector that would eventually result in 
more restrictive regulations and larger reductions in the profits of 
small entities. The fourth alternative would specify a recreational 
sector post-season AM and includes two sub-alternatives, including the 
preferred sub-alternative. The first sub-alternative would specify a 
recreational sector post-season AM in terms of paybacks for the prior 
year's overages if golden tilefish were overfished. This sub-
alternative would likely result in larger profit reductions to small 
entities than the preferred sub-alternative. Moreover, this sub-
alternative would be unnecessary

[[Page 61299]]

because golden tilefish is not overfished.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on the reopening of the 
commercial sector for golden tilefish in the South Atlantic EEZ, as 
notice and comment would be unnecessary and contrary to the public 
interest. Providing prior notice and the opportunity for public comment 
is unnecessary because the increased commercial and recreational ACLs 
for golden tilefish were subject to notice and comment as part of the 
proposed rule for Regulatory Amendment 12 (77 FR 42688); therefore, 
this waiver only covers the portion of the final rule that informs the 
public that additional commercial harvest is available and that the 
commercial sector will reopen. In addition, delaying implementation of 
this rulemaking to provide for prior notice and public comment is 
contrary to the public interest because it would reduce the likelihood 
of reopening the commercial sector for golden tilefish in the early 
fall months, when weather conditions are more favorable and fishing 
conditions are safer. Delaying the reopening to allow for public 
comment would therefore endanger the health and safety of the fishing 
fleets without providing any benefits to the public.
    Three provisions in this final rule are exempt from the requirement 
to delay the effectiveness of a final rule by 30 days after publication 
in the Federal Register, under 5 U.S.C. 553(d)(1). Specifically, the 
following provisions relieve restrictions on the regulated community: 
The increases in the commercial and recreational ACLs for golden 
tilefish set forth in Sec.  622.42(e)(2) and Sec.  622.49(b)(1)(ii), 
and the reopening of the commercial sector to allow for the harvest of 
the new commercial ACL and achievement of OY. However, the recreational 
ACL is contained in the same paragraph in the regulations as the 
recreational AMs for golden tilefish. The provisions that implement the 
in-season AM and revise the post-season AM for the recreational sector 
for golden tilefish do not relieve a restriction and are therefore 
subject to the 30-day delay in effectiveness. Further, because the 
increased recreational ACL has already been reached, and the 
recreational sector will not reopen, the increased recreational ACL 
does not need to be effective immediately. Therefore, the paragraph in 
the regulations containing both the recreational ACL and AMs for golden 
tilefish, Sec.  622.49(b)(1)(ii), will be effective 30 days after 
publication of this final rule.
    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 vessel permit holders in the South 
Atlantic snapper-grouper fishery.

List of Subjects in 50 CFR Part 622

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

    Dated: October 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the 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, 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.  622.42, paragraph (e)(2) is revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *
    (2) Golden tilefish--541,295 lb (245,527 kg).
* * * * *

0
3. In Sec.  622.49, the section heading is revised, and paragraphs 
(b)(1)(i) and (b)(1)(ii) are revised to read as follows:


Sec.  622.49  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (b) * * *
    (1) * * *
    (i) Commercial sector. If commercial landings, as estimated by the 
SRD, reach or are projected to reach the commercial ACL (commercial 
quota) specified in Sec.  622.42(e)(2), the AA will file a notification 
with the Office of the Federal Register to close the commercial sector 
for the remainder of the fishing year.
    (ii) Recreational sector. If recreational landings for golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 3,019 fish, the AA will file a notification with 
the Office of the Federal Register to close the recreational sector for 
the remainder of the fishing year. If recreational landings for golden 
tilefish, as estimated by the SRD, exceed the recreational ACL, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the AA will file a notification with the Office of the Federal 
Register, to reduce the length of the following recreational fishing 
season by the amount necessary to ensure recreational landings do not 
exceed the recreational ACL in the following fishing year.
* * * * *
[FR Doc. 2012-24791 Filed 10-3-12; 4:15 pm]
BILLING CODE 3510-22-P