[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25047-25052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10000]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3385-01]
RIN 0648-BC63
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 28
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement Amendment 28 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). If implemented, this rule would establish
a process for determining whether the limited harvest and possession of
red snapper in or from the South Atlantic exclusive economic zone (EEZ)
could occur during a given fishing year and establish a process for
setting commercial and recreational fishing seasons for red snapper
beginning in 2013. Amendment 28 also specifies the process and formulas
for setting commercial and recreational annual catch limits (ACLs) for
red snapper if limited fishing seasons may occur. This rule would
implement those ACLs and specify accountability measures (AMs) when the
limited harvest and possession of red snapper is allowed. During
limited fishing seasons, the rule would also eliminate the current red
snapper minimum size limit, establish a recreational bag limit and
establish a commercial trip limit for red snapper. In this rule, NMFS
intends to continue the rebuilding of the red snapper stock and to
provide socio-economic benefits to snapper-grouper fishermen and
communities that utilize the red snapper resource.
DATES: Written comments must be received on or before May 29, 2013.
ADDRESSES: You may submit comments on the amendment identified by
``NOAA-NMFS-2013-0040'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0040, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Rick DeVictor, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Electronic copies of Amendment 28, which includes an environmental
assessment, an initial regulatory flexibility analysis (IRFA), and a
regulatory impact review, may be obtained from the Southeast Regional
Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/SGAmend28.pdf.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes red snapper, 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).
Background
Red snapper are overfished and undergoing overfishing. The harvest
and possession of red snapper have been prohibited since January 4,
2010, initially through temporary rules (74 FR 63673, December 4, 2009
and 75 FR 27658, May 18, 2010), and then through the final rule to
implement Amendment 17A to the FMP (75 FR 76874, December 9, 2010).
Amendment 17A continued the prohibitions on a permanent basis by
implementing an ACL for red snapper of zero (landings only). Amendment
17A also implemented a rebuilding plan for red snapper, which
[[Page 25048]]
specifies that red snapper biomass must increase to the target rebuilt
level in 35 years, starting from 2010. The final rule implementing
Amendment 17A also included a large area closure for most snapper-
grouper species, however, this area closure did not become effective
because it was determined not to be necessary to end the overfishing of
red snapper (76 FR 23728, April 28, 2011). At its June 2012 meeting,
the Council received new information from NMFS regarding discard
estimates for red snapper. Using these data, the Council and NMFS
determined that a limited season for red snapper was possible in 2012.
At the Council's request, NMFS implemented emergency rulemaking to
allow for the limited harvest and possession of red snapper in or from
the South Atlantic EEZ in 2012 (77 FR 51939, August 28, 2012).
Status of the Stock
The most recent Southeast Data, Assessment, and Review (SEDAR)
benchmark stock assessment for red snapper, SEDAR 24, was completed in
October 2010. Much like the stock assessment completed in 2008, this
assessment showed red snapper to be overfished and undergoing
overfishing, but also showed that red snapper were undergoing
overfishing at a lower rate than found in the 2008 stock assessment.
The next benchmark stock assessment for red snapper is scheduled for
2014.
Measures Contained in This Proposed Rule
This rule would implement several management measures to allow for
the limited harvest and possession of red snapper in or from the South
Atlantic EEZ. When the Council approved, and NMFS implemented, the
temporary rule through emergency action in 2012, they determined that
retention of a limited number of red snapper (13,097 fish) would not
jeopardize the rebuilding of the red snapper stock because the
estimated discard mortality level for 2012 was below the acceptable
biological catch (ABC). In Amendment 28, the Council has developed a
process to evaluate whether a similar limited harvest season could
occur each year, beginning in 2013.
Process for Determining the Limited Annual Red Snapper Harvest
Amendment 28 describes the annual process developed by the Council
for determining whether a limited fishing season for red snapper will
occur and how much red snapper may be harvested. The ABC is determined
through the Council's ABC control rule and the rebuilding projections
from the most recent stock assessment. Estimated landings and dead
discards of red snapper from the previous year should be available
around March of each year, and NMFS would use that information in
formulas approved by the Council in Amendment 28. If NMFS determines,
using the formulas, that the estimated landings and dead discards that
occurred in the previous year are equal to or greater than the ABC for
the current year, no harvest would be allowed and the ACL would remain
equal to zero. However, if NMFS determines, using the formulas, that
the previous year's estimated landings and dead discards are less than
the ABC, then the ACL would be set to the amount of harvest that may be
allowed for the current year.
Setting the Commercial and Recreational Red Snapper Fishing Seasons
If NMFS determines limited commercial and recreational fishing
seasons are allowed for that fishing year, NMFS would announce the
commercial and recreational fishing season start dates in the Federal
Register and by other methods, as deemed appropriate. The commercial
fishing season would begin on or close to the second Monday in July,
and the recreational fishing season, which would consist of weekends
only (Fridays, Saturdays, and Sundays), would begin on or close to the
second Friday of July. If the fishing seasons do not open exactly on
these dates, they would open as close to these dates as possible. NMFS
would not announce the season end date for the commercial sector before
the season starts, but would monitor harvest and close the commercial
sector when the commercial ACL has been reached or projected to be
reached by filing an in-season closure notification with the Office of
the Federal Register. After the commercial sector closes, sale and
purchase of red snapper are prohibited and harvest and possession of
red snapper are limited to the bag and possession limits. NMFS would
project when the recreational ACL would be reached and announce the
fishing season end date in the Federal Register. The recreational
season length would be based on an evaluation of historical harvest
levels and fishing effort.
If the NMFS Regional Administrator (RA) determines tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic during the commercial or recreational fishing seasons, this
rule would allow the RA to modify the opening and closing dates by
filing a notification to that effect with the Office of the Federal
Register, and announcing via NOAA Weather Radio and Fishery Bulletin
any change in the red snapper commercial or recreational fishing
seasons. Additionally, the Council decided that if the projected
commercial or recreational fishing season is determined by NMFS to be 3
days or less, then the commercial or recreational fishing season would
not open for that fishing year because that short time period would not
provide sufficient fishing opportunity for the public.
ACLs
Amendment 28 includes formulas for determining the commercial and
recreational ACLs on an annual basis. The formulas are based on total
removals (landings plus discards) from prior fishing years. The
formulas would provide the total ACL for limited fishing seasons. Using
the current allocation ratio for red snapper (28.07 percent commercial
and 71.93 percent recreational), NMFS would then determine the
commercial and recreational ACLs. When finalized data from the prior
fishing years are available and NMFS determines that limited fishing
seasons are allowable, NMFS would publish a notification with the
Office of the Federal Register to announce the commercial and
recreational ACLs for limited fishing seasons for that fishing year.
AMs
During limited fishing seasons, the Council and NMFS would
establish in-season AMs to prevent these ACLs from being exceeded. If
red snapper harvest is allowed in a given fishing year, the commercial
in-season AM requires that if commercial landings reach or are
projected to reach the commercial ACL, then NMFS would close the
commercial sector for red snapper for the remainder of the fishing
year. After the commercial sector closes, sale and purchase of red
snapper would be prohibited and harvest and possession of red snapper
would be limited to the bag and possession limits until the
recreational fishing season closes. The recreational in-season AM is
the length of the recreational fishing season as determined by NMFS and
announced in the Federal Register. After the recreational fishing
season closes, the bag and possesion limits for red snapper would be
zero. If both the commercial and recreational sectors are closed, it
would be unlawful to harvest or possess red snapper.
[[Page 25049]]
Other Management Measures
In order to reduce the probability of an overage of the commercial
and recreational ACLs during the limited open seasons, this rule would
implement a 75-lb (34-kg) commercial trip limit and a 1-fish per person
recreational bag limit. The rule would also remove the 20-inch (51-cm),
total length (TL), minimum size limit for both the commercial and
recreational sectors to decrease regulatory discards of red snapper
(fish returned to the water because they are below the minimum size
limit).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator (AA) has determined that this rule is
consistent with Amendment 28, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The factual
basis for this determination is as follows.
The purpose of the rule is to continue the rebuilding of the red
snapper stock and to increase the social and economic benefits to
fishermen and fishing communities that utilize the red snapper
component of the snapper-grouper fishery while also minimizing safety
at sea concerns, the probability of ACL overages, and discard mortality
of red snapper. The Magnuson-Stevens Act serves as the legal basis for
the rule.
This rule is expected to directly affect commercial fishing vessels
that possess commercial snapper-grouper permits and for-hire vessels
that possess for-hire snapper-grouper permits for the South Atlantic.
The Small Business Administration has established size criteria for all
major industry sectors in the U.S. including fish harvesters. A
business involved in fish harvesting is classified as a small business
if it is independently owned and operated, is not dominant in its field
of operation (including its affiliates), and has combined annual
receipts not in excess of $4.0 million (NAICS code 114111, finfish
fishing) for all its affiliated operations worldwide. For for-hire
vessels, the other qualifiers apply and the receipts threshold is $7.0
million (NAICS code 713990, recreational industries).
From 2003 through 2007, the average number of vessels with
commercial South Atlantic snapper-grouper permits was 944, of which 749
were transferable and 195 were non-transferable. Transferable permits
have no limit on landings per trip, except for species subject to trip
limits, while non-transferable permits are restricted to 225 lb (102
kg) of landings per trip, unless the regulations specify a lower
amount. For 2008 through 2010, the average number of vessels with
commercial snapper-grouper permits decreased to 788, of which 643 were
transferable permits and 145 non-transferable permits. As of July 9,
2012, the number of vessels with commercial snapper-grouper permits had
decreased further to 694, of which 568 were transferable and 126 were
non-transferable.
Prior to the closure, any commercial vessel with a commercial
snapper-grouper permit could commercially harvest red snapper in the
South Atlantic. Commercially harvested red snapper are landed mostly in
Georgia and northeast Florida (landings from Georgia and Florida are
combined for confidentiality considerations), followed by North
Carolina and South Carolina, and are mainly caught with vertical lines.
On average, 220 commercial vessels landed at least 1 lb (0.45 kg) of
red snapper per year between 2003 and 2007. Of these 220 commercial
vessels, 102 landed less than 100 lb (45 kg) of red snapper per year,
84 landed between 101 lb (46 kg) and 1,000 lb (455 kg), and only 34
landed more than 1,000 lb (455 kg). In addition, red snapper was not
the primary revenue species on most commercial trips that harvested red
snapper during those years. On average, red snapper was the primary
source of trip revenue on only 163 commercial trips per year, or only
12 percent of the commercial trips on which it was landed. These trips
accounted for approximately 31 percent of the total commercial red
snapper landings.
From 2005 through 2009, the average number of vessels commercially
harvesting at least 1 lb (0.45 kg) of red snapper per year increased to
230, and peaked at 270 vessels in 2009. The impending prohibition on
the commercial harvest of red snapper in 2010, as well as the closure
of vermilion snapper to commercial harvest in September 2009, most
likely caused this increase in participation. Vermilion snapper is the
primary target species on trips catching red snapper and a primary
substitute species for red snapper in seafood markets.
From 2003 through 2007, commercial landings of red snapper averaged
approximately 121,000 lb (55,000 kg) annually, which generated average
annual gross revenue of $488,030 (2011 dollars). From 2005 through
2009, commercial landings of red snapper averaged approximately 171,000
lb (77,727 kg) while gross revenue averaged approximately $709,441 per
year. Thus, during this time, the average price of commercially
harvested red snapper was approximately $4.15 per pound. Further,
average annual red snapper commercial landings and gross revenue were
approximately 743 lb (337 kg) and $3,085 per vessel, respectively.
Because the commercial harvest and sale of red snapper were prohibited
in 2010 and 2011, landings and gross revenue data from these years are
the most currently available for red snapper.
From 2003 through 2007, an average of 890 commercial vessels per
year harvested snapper-grouper species. For 2008 through 2011, an
average of 865 commercial vessels harvested snapper-grouper species per
year. Average annual commercial landings of all snapper-grouper species
in the South Atlantic from 2003 through 2007 were approximately 6.43
million lb (2.92 million kg) which generated approximately $14.98
million in gross revenue. For 2008 through 2011, these figures
decreased to 5.03 million lb (2.29 million kg) and $13.66 million,
respectively. From 2003 through 2007, total landings of all species by
vessels harvesting snapper-grouper averaged approximately 11.24 million
lb (5.11 million kg) which generated $24.74 million in gross revenue
per year. For 2008 through 2011, average total landings of all species
by vessels harvesting snapper-grouper increased slightly to 12.21
million lb (5.55 million kg) per year, while average annual gross
revenue decreased slightly to $23.86 million. Thus, for 2008 through
2011, average annual gross revenue per vessel in the snapper-grouper
fishery was approximately $27,584. Red snapper accounted for none of
these vessels' gross revenue in 2010 and 2011 due to the prohibitions
on commercial harvest and sale. In 2011, the maximum annual gross
revenue for a commercial snapper-grouper vessel was $618,272.
From 2003 through 2008, the average number of snapper-grouper for-
hire permits in the South Atlantic was 1,811. In 2009 and 2010, the
average number of South Atlantic snapper-grouper for-hire permits per
year increased to 1,953. However, as of July 9, 2012, the number of
for-hire vessels with South Atlantic for-hire snapper-grouper permits
was only 1,524. Florida is the homeport state
[[Page 25050]]
for most of these vessels. For-hire permits do not distinguish charter
vessels from headboats and thus the specific number of charter vessels
and headboats with for-hire snapper-grouper permits cannot be
estimated. The number of for-hire vessels that landed snapper-grouper
also cannot be estimated based on currently available data.
Prior to the closure, any for-hire vessel with a for-hire snapper-
grouper permit could harvest red snapper recreationally in the South
Atlantic. From 2003 through 2008, recreational red snapper harvest in
the South Atlantic averaged approximately 403,000 lb (183,182 kg)
annually. Charter vessels and headboats accounted for approximately
110,000 lb (50,000 kg) and 62,000 lb (28,182 kg) of this harvest,
respectively. Although the harvest or possession of red snapper in the
South Atlantic was prohibited in 2010 and 2011, some red snapper
continued to be harvested by the recreational sector. From 2009 through
2011, recreational red snapper harvest averaged about 346,000 lb
(157,273 kg), although most of this harvest was in 2009. Charter
vessels and headboats accounted for approximately 75,000 lb (34,091 kg)
and 51,000 lb (23,182 kg) of this harvest, respectively.
Recreational snapper-grouper harvest in the South Atlantic averaged
approximately 10.8 million lb (4.91 million kg) per year from 2005
through 2009. Charter vessels and headboats accounted for approximately
1.6 million lb (727,273 kg) and 1.4 million lb (636,364 kg) of this
harvest, respectively. In 2010 and 2011, recreational snapper-grouper
harvest averaged approximately 11.8 million lb (5.36 million kg)
annually, with charter vessels and headboats each accounting for 1.2
million lb (545,455 kg) of this harvest, respectively.
Red snapper target effort in the recreational sector averaged
approximately 57,300 trips per year in the South Atlantic during 2005-
2009. While a prohibition on the possession of recreationally harvested
red snapper need not result in the cancellation of a target trip, the
popularity of red snapper as a food fish that recreational anglers
would prefer to retain rather than release suggests that target effort
would be expected to decline in response to a prohibition. As expected,
red snapper target effort significantly dropped to about 4,000 trips in
2010 and became practically non-existent in 2011.
For-hire vessels receive value from the services they provide.
Producer surplus is the measure of the economic value these operations
receive. Producer surplus is the difference between the gross revenue a
business receives for a good or service, such as a charter vessel or
headboat trip, and the cost the business incurs to provide that good or
service. Estimates of the producer surplus associated with snapper-
grouper or red snapper for-hire trips are not available. However, proxy
values in the form of net operating revenue (NOR) are available. NOR
for charter vessels is estimated to be $132 (2011 dollars) per charter
trip. Since targeting of red snapper in the recreational sector was
practically non-existent in 2011, NOR from trips targeting red snapper
was likely zero in 2011 for charter vessels. In 2009, charter vessels
in the South Atlantic had average gross revenues of approximately
$109,700 (2011 dollars). No charter vessels earned more than $500,000
in gross revenues in 2009.
NOR per angler trip is lower for headboats than for charter
vessels. NOR estimates for a representative headboat trip are $48 in
the Gulf of Mexico, including all of Florida, and $63-$68 in North
Carolina. For full-day and overnight headboat trips, NOR is estimated
to be $74-$77 in North Carolina. These estimates are in 2009 dollars
and comparable estimates are not available for Georgia and South
Carolina. Based on this information, NOR per headboat angler trip is
estimated to be approximately $70 in 2011 dollars. Since targeting of
red snapper in the recreational sector was practically non-existent in
2011, NOR from trips targeting red snapper was likely zero in 2011 for
headboats. Headboats in the South Atlantic had average gross revenues
of approximately $194,570 (2011 dollars).
Based on the information above, all commercial fishing vessels and
for-hire fishing vessels expected to be directly affected by this rule
are determined for the purpose of this analysis to be small business
entities.
For the action to establish a process to determine future ACLs and
season lengths, establish a commercial fishing season start date of the
second Monday in July, establish a recreational fishing season start
date of the second Friday in July, establish a 75-lb (34-kg) commercial
trip limit, establish a recreational bag limit of 1 fish per person per
day, and eliminate the minimum size limit for red snapper, the
expected, direct economic effects cannot be estimated quantitatively.
Because this action only establishes a process and formulas for
estimating potential ACLs and the resulting season lengths in 2013 and
future years, and the data to be used in those formulas are not yet
available, quantitative estimates of ACLs and season lengths for the
commercial and recreational sectors are not currently available for
2013 and future years. Because the ACLs and season lengths for the
commercial and recreational sectors are currently unknown, quantitative
estimates of potential changes in landings and gross revenue for the
commercial sector as well target trips and NOR for the for-hire sector
in 2013 and future years cannot be provided at this time.
However, this action generates a positive probability the ACL will
be sufficiently large to allow for a commercial and recreational
season. In turn, there is a positive probability that gross revenue
from landings of red snapper in the commercial sector and, to a lesser
extent, NOR in the for-hire sector from red snapper target trips would
be greater than zero. Thus, the direct economic effects of this action
are generally expected to be positive in the short-term. Long-term
direct economic effects are also expected to be positive, as the
probability of a fishing season would still be positive, but are
dependent on information arising from future stock assessments and the
effect of such information on estimates of ABC in future years.
If there is a commercial fishing season, gross revenue from the
commercial harvest of red snapper would be positive and thus so too
would be the direct economic effects. These direct economic effects are
expected to be slightly enhanced by the commercial season start date of
the second Monday in July as red snapper are typically caught on trips
targeting vermilion snapper and gag, which are likely to be open to
commercial harvest at that time. Closure of vermilion snapper to
commercial harvest may largely preclude commercial harvest of red
snapper and thus the positive economic effects from a commercial
fishing season. Elimination of the red snapper minimum size limit would
also be expected to slightly enhance these positive economic effects as
it would allow commercial vessels to harvest the ACL more quickly,
thereby reducing costs and increasing profits. Conversely, the 75-lb
(34-kg) commercial trip limit is expected to slightly reduce these
positive economic effects by spreading harvest over more trips, thereby
increasing costs and decreasing profits.
Similarly, if there is a recreational fishing season, NOR from
trips targeting red snapper by for-hire vessels may be positive.
However, relative to the commercial vessels, this outcome is less
likely for for-hire vessels as the recreational ACL and the for-hire
sector's share of the harvest would have
[[Page 25051]]
to be sufficiently great to induce targeting of red snapper and thereby
increase target effort. Since the recreational ACL is expected to be
relatively small in the short-term and the for-hire sector historically
only accounted for 10 percent of red snapper target effort in the
recreational sector, the increase in for-hire vessels' target effort is
likely to be minimal in the short-term. NOR will only increase if
target effort for red snapper increases.
Because target effort for red snapper has been historically high in
July, a recreational fishing season start date of the second Friday in
July may slightly increase NOR as red snapper are presumably more
highly valued and thus trips are more likely to target red snapper at
this time of year. Similarly, a one-fish bag limit may also slightly
increase NOR by spreading harvest over a larger number of trips, which
would increase NOR if the number of target trips increases. Elimination
of the minimum size limit may also slightly increase NOR by allowing
anglers to keep whatever size fish they catch, which would increase the
value of a trip to anglers and thereby increase the probability of a
trip being taken, or increasing trip length, which generates higher
gross revenue per trip.
The analysis above indicates that the proposed changes would not be
expected to cause a significant reduction in profits for a substantial
number of small entities. Because this rule, if implemented, is not
expected to have a significant economic impact on a substantial number
of small entities, an initial regulatory flexibility analysis is not
required and none has been prepared.
No duplicative, overlapping, or conflicting Federal rules have been
identified. This rule would not establish any new reporting or record-
keeping requirements.
List of Subjects in 50 CFR Part 622
Accountability measure, Annual Catch Limit, Fisheries, Fishing, Red
Snapper, South Atlantic.
Dated: April 23, 2013.
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
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.181, paragraph (b)(2) is revised to read as follows:
Sec. 622.181 Prohibited and limited-harvest species.
* * * * *
(b) * * *
(2) Red snapper. Red snapper may not be harvested or possessed in
or from the South Atlantic EEZ, except if NMFS determines a limited
amount of red snapper may be harvested or possessed in or from the
South Atlantic EEZ, as specified in Sec. 622.193(y). Red snapper
caught in the South Atlantic EEZ must be released immediately with a
minimum of harm. In addition, for a person on board a vessel for which
a valid Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, the prohibition on the
harvest or possession of red snapper applies in the South Atlantic,
regardless of where such fish are harvested or possessed, i.e., in
state or Federal waters.
* * * * *
0
3. In Sec. 622.183, paragraph (b)(5) is added to read as follows:
Sec. 622.183 Area and seasonal closures.
* * * * *
(b) * * *
(5) Closures of the commercial and recreational sectors for red
snapper.--(i) The commercial and recreational sectors for red snapper
are closed (i.e., red snapper may not be harvested or possessed, or
sold or purchased) in or from the South Atlantic EEZ, except if NMFS
determines a limited amount of red snapper may be harvested or
possessed in or from the South Atlantic EEZ, as specified in Sec.
622.193(y). If NMFS determines that commercial and recreational fishing
seasons for red snapper may be established in a given fishing year,
NMFS will announce the season opening dates in the Federal Register.
The recreational fishing season would consist of consecutive Fridays,
Saturdays, and Sundays, unless otherwise specified. NMFS will project
the length of the recreational fishing season and announce the
recreational fishing season end date in the Federal Register. See
622.193(y), for establishing the end date of the commercial fishing
season.
(ii) If the RA determines tropical storm or hurricane conditions
exist, or are projected to exist, in the South Atlantic, during a
commercial or recreational fishing season, the RA may modify the
opening and closing dates of the fishing season by filing a
notification to that effect with the Office of the Federal Register,
and announcing via NOAA Weather Radio and a Fishery Bulletin any change
in the dates of the red snapper commercial or recreational fishing
season.
(iii) If the projected commercial or recreational fishing season is
determined by NMFS to be 3 days or less, then the commercial or
recreational fishing season will not open for that fishing year.
Sec. 622.185 [Amended]
0
4. In Sec. 622.185, paragraph (a)(1) is removed and reserved.
0
5. In Sec. 622.187, paragraphs (b)(4) and (9) are revised to read as
follows:
Sec. 622.187 Bag and possession limits.
* * * * *
(b) * * *
(4) Snappers, combined--10. However, excluded from this 10-fish bag
limit are cubera snapper, measuring 30 inches (76.2 cm), TL, or larger,
in the South Atlantic off Florida, and red snapper and vermilion
snapper. (See Sec. 622.181(b)(2) for the prohibitions on harvest or
possession of red snapper, except during a limited recreational fishing
season, and Sec. 622.181(c)(1) for limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or larger, in or from the South
Atlantic EEZ off Florida.)
* * * * *
(9) Red snapper--0, except during a limited recreational fishing
season, as specified in Sec. 622.183(b)(5), during which time the bag
limit is 1 fish.
* * * * *
0
6. In Sec. 622.191, paragraph (a)(9) is added to read as follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(9) Red snapper. During a limited commercial fishing season, as
specified in Sec. 622.183(b)(5), and until the commercial ACL
specified in Sec. 622.49(b)(25)(i) is reached, 75 lb (34 kg), gutted
weight. See Sec. 622.49(b)(25)(i) for the limitations regarding red
snapper after the commercial ACL is reached.
* * * * *
0
7. In Sec. 622.192, paragraph (j) is revised to read as follows:
Sec. 622.192 Restrictions on sale/purchase.
* * * * *
(j) No person may sell or purchase a red snapper harvested from or
possessed
[[Page 25052]]
in the South Atlantic, i.e., state or Federal waters, by a vessel for
which a Federal commercial vessel permit for South Atlantic snapper-
grouper has been issued, except if NMFS determines a limited commercial
fishing season for red snapper is allowable, as specified in Sec.
622.183(b)(5).
0
8. In Sec. 622.193, paragraph (y) is added to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(y) Red snapper--(1) Commercial sector. The commercial ACL for red
snapper is zero. However, if NMFS determines that the previous year's
estimated red snapper landings and dead discards are less than the ABC,
limited red snapper harvest and possession may be allowed for the
current fishing year and the commercial ACL value would be determined
using the formula described in the FMP. The AA will file a notification
with the Office of the Federal Register to announce the limited
commercial ACL for the current fishing year. NMFS will monitor
commercial landings during the limited season, and if commercial
landings, as estimated by the SRD, reach or are projected to reach the
commercial ACL, based on the formula described in the FMP, the AA will
file a notification with the Office of the Federal Register to close
the commercial sector for red snapper for the remainder of the year. On
and after the effective date of the closure notification, all sale or
purchase of red snapper is prohibited and harvest or possession of red
snapper is limited to the bag and possession limits. This bag and
possession limit and the prohibition on sale/purchase 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 or
possessed, i.e., in state or Federal waters.
(2) Recreational sector. The recreational ACL for red snapper is
zero. However, if NMFS determines that the previous year's estimated
red snapper landings and dead discards are less than the ABC, limited
red snapper harvest and possession may be allowed for the current
fishing year and the recreational ACL value would be determined using
the formula described in the FMP. The AA will file a notification with
the Office of the Federal Register to announce the limited recreational
ACL and the length of the recreational fishing season for the current
fishing year. The length of the recreational fishing season for red
snapper serves as the in-season accountability measure. See Sec.
622.183(b)(5) for details on the recreational fishing season. On and
after the effective date of the recreational closure notification, the
bag and possession limits for red snapper are zero.
[FR Doc. 2013-10000 Filed 4-26-13; 8:45 am]
BILLING CODE 3510-22-P