[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Rules and Regulations]
[Pages 44461-44465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17790]
[[Page 44461]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02]
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: Final rule.
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SUMMARY: NMFS issues this final rule 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), and to set the commercial and
recreational ACLs and fishing seasons for red snapper for the 2013
fishing year. Amendment 28 and this final rule establish a process for
determining whether limited commercial and recreational fishing seasons
for red snapper in or from the South Atlantic exclusive economic zone
(EEZ) can occur during a given fishing year, beginning in 2013.
Amendment 28 specifies the process and formulas for setting commercial
and recreational annual catch limits (ACLs) for red snapper during
limited fishing seasons. Amendment 28 and this final rule also
establish management measures for red snapper during limited fishing
seasons, including eliminating the red snapper minimum size limit,
establishing a recreational bag limit, and establishing a commercial
trip limit for red snapper. NMFS has determined that limited commercial
and recreational fishing seasons can occur in 2013. Therefore, this
final rule specifies the commercial and recreational ACLs for 2013, the
opening and closing dates of the 2013 recreational fishing season, and
the opening date of the 2013 commercial fishing season for South
Atlantic red snapper. The purpose of this final rule is to continue
rebuilding red snapper to sustainable levels and provide socio-economic
benefits to snapper-grouper fishermen and communities that utilize the
red snapper resource.
DATES: This rule is effective August 23, 2013.
ADDRESSES: Electronic copies of Amendment 28, which includes an
environmental assessment 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).
On March 12, 2013, NMFS published a notice of availability for
Amendment 28 and requested public comment (78 FR 15672). On April 29,
2013, NMFS published a proposed rule for Amendment 28 and requested
public comment (78 FR 25047). NMFS approved Amendment 28 on June 11,
2013. The proposed rule and Amendment 28 outline the rationale for the
actions contained in this final rule. A summary of the actions
implemented by Amendment 28 and this final rule is provided below.
Management Measures Contained in this Final Rule and Amendment 28
Process for Determining the Limited Annual Harvest of Red Snapper
Amendment 28 describes the annual process developed by the Council
for determining whether limited commercial and recreational fishing
seasons for red snapper can occur and how much red snapper may be
harvested. The acceptable biological catch (ABC) is determined through
the Council's ABC control rule and the rebuilding projections from the
most recent stock assessment. The total removals (estimated landings
and dead discards) of red snapper from the previous year are available
around March of each year, and NMFS will compare the total removals to
the ABC each year using formulas approved by the Council in Amendment
28 to determine whether limited fishing seasons can occur.
ACLs
Amendment 28 includes formulas for determining the commercial and
recreational ACLs on an annual basis. The formulas are based on total
removals from prior fishing years and the formulas provide the total
ACL for limited fishing seasons. If limited fishing seasons can occur,
the ACL will be divided between the commercial and recreational sectors
based on the current allocation ratio.
Commercial and Recreational Red Snapper Fishing Seasons
In Amendment 28, the Council decided that if limited fishing
seasons can occur, the commercial fishing season should begin on the
second Monday in July, and the recreational fishing season, which would
consist of weekends only (Fridays, Saturdays, and Sundays) on the
second Friday in July. If the fishing seasons do not open exactly on
these dates, they would open as close to these dates as possible. The
Council also 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.
If the NMFS Regional Administrator (RA) determines that tropical
storm or hurricane conditions exist, or are projected to exist, in the
South Atlantic during the commercial or recreational fishing seasons,
this rule will 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.
AMs
During limited red snapper fishing seasons, the Council and NMFS
have established in-season AMs to prevent the ACLs from being exceeded.
The recreational AM is the length of the red snapper recreational
fishing season, as determined for a specific fishing year. After the
recreational sector closes, the bag and possession limits for red
snapper are zero. The commercial AM is that when commercial landings
reach or are projected to reach the commercial ACL, NMFS will 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 is prohibited and harvest and possession of red snapper is
limited to the bag and possession limits until the recreational fishing
season closes. If both the commercial and recreational sectors are
closed, it is unlawful to harvest or possess red snapper.
Other Management Measures
In order to reduce the probability of an overage of the commercial
and recreational ACLs during the limited open seasons, Amendment 28 and
this rule implement a 75-lb (34-kg) commercial trip limit and a 1-fish
per
[[Page 44462]]
person recreational bag limit. This rule also removes 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 less than the minimum size
limit).
Red Snapper Harvest in 2013
NMFS used the formulas established in Amendment 28 to determine if
harvest of red snapper could occur in 2013. The total removals
(landings plus dead discards) for 2012 were compared to the 2012 ABC to
determine if the ABC was exceeded and thus whether the ACL for 2013
could be set greater than zero. In 2012, total removals equaled 80,516
fish. Because the 2012 total removals for red snapper are less than the
2012 ABC of 86,000 fish, NMFS has determined that the ACL for 2013 can
be set greater than zero and that limited commercial and recreational
fishing seasons may be established in 2013.
NMFS has determined that the total ACL for 2013 is 13,325 fish.
Based on the current allocation ratio for red snapper (28.07 percent
commercial and 71.93 percent recreational), the 2013 commercial ACL is
21,447 lb (9,728 kg), gutted weight, and the 2013 recreational ACL is
9,585 fish.
Based on the 2013 commercial and recreational ACLs and the catch
rates from 2012, NMFS has determined the length of the commercial and
recreational fishing seasons for 2013. The ``2013 South Atlantic Red
Snapper Annual Catch Limit and Season Length Projections,'' described
in SERO-LAPP-2013-04, can be found at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/documents/pdfs/sa_rs_acl_season_projections.pdf. Based on the projections, NMFS has determined that the
recreational fishing season in 2013 will be open for one weekend
consisting of 3 days (Friday, Saturday, Sunday). Although the Council
prefers to open the recreational and commercial fishing seasons in
July, because of the required time for the rulemaking process for
Amendment 28, the recreational and commercial fishing seasons will open
in August for the 2013 fishing year. The Council determined that
opening in July (or August) would decrease the chances of inclement
weather, thus promoting safety-at-sea and increasing the chance of
small vessels being able to target red snapper. The recreational
fishing season will open at 12:01 a.m. on August 23, 2013, and close at
12:01 a.m. on August 26, 2013. After the recreational sector closes,
harvest and possession of red snapper under the bag limit is
prohibited. NMFS has determined that the commercial fishing season in
2013 will open at 12:01 a.m. on August 26, 2013, and NMFS will monitor
commercial harvest in-season and close the commercial sector when the
commercial ACL is 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, the harvest and possession and sale
and purchase of red snapper in or from the South Atlantic EEZ are
prohibited.
Comments and Responses
A total of 63 comments were received on Amendment 28 and the
proposed rule from individuals, commercial and recreational fishing
associations, and two environmental organizations. Many commenters
expressed support for red snapper fishing seasons because they have
been encountering numerous red snapper while fishing and therefore
believe that the red snapper stock is healthy enough to support
increased harvest. Some commenters stated that the allowable harvest,
bag limits, and trip limits contained in this final rule are too
restrictive. Specific comments related to the actions contained in
Amendment 28 and the proposed rule, and NMFS' respective responses are
summarized below.
Comment 1: Numerous commercial and recreational fishermen stated
that the red snapper stock is healthy and the proposed regulations
would be overly restrictive. Recreational fishermen suggested a higher
quota, a year-round season, 2-month closures during red snapper
spawning periods, and a higher bag limit of two to five fish per person
per day.
Response: South Atlantic red snapper are overfished and undergoing
overfishing and their harvest has been prohibited since 2010. These
regulations are intended to prevent overfishing of red snapper, while
minimizing the potential adverse economic impacts from the closure.
A limited season to harvest red snapper and a conservative bag
limit are necessary management measures to constrain the harvest to the
ACL. A higher bag limit (e.g., two to five fish per person per day)
would translate into an even shorter limited fishing season. The
Council and NMFS determined that these regulations would allow a
sustainable level of harvest consistent with the rebuilding plan for
red snapper.
Comment 2: A fishing organization favored a 100-lb (45-kg) trip
limit instead of the 75-lb (34-kg) trip limit, as contained in this
final rule. A commercial fisherman stated that the 75-lb (34-kg) trip
limit would only cover trip expenses and suggested that the trip limit
should be increased to 150-200 lb (68-91 kg) to see a serious effort
from the commercial sector. Another fisherman stated a 200-lb (91 kg)
trip limit with a shortened fishing season would be a more
economically-feasible option.
Response: The Council concluded that a 75-lb (34-kg) trip limit
would promote full harvest of the commercial ACL and help achieve the
optimum yield for red snapper. The commercial trip limit during the
2012 limited season was 50 lb (23 kg), gutted weight, and commercial
landings in 2012 were lower than the 2012 commercial ACL. However, as
trip limits increase, the rate at which the commercial ACL is harvested
also increases. A 75-lb (34-kg) trip limit represents a precautionary
increase to the 50-lb (23 kg) trip limit implemented for 2012. A higher
trip limit with its corresponding higher rate of harvest could result
in shorter commercial seasons and would likely lead to a derby fishery.
Comment 3: Numerous fishermen disagreed with the removal of the
minimum size limit. Some stated that the minimum size limit was
necessary to protect the breeding stock. Others stated that removal of
the size limit would promote culling of fish (the practice of
selectively landing fish so that only the largest fish are retained),
which would lead to additional red snapper mortality. Some fishermen
suggested retaining the 20-inch (51-cm) minimum size limit for both
sectors; others recommended implementing a 16-inch (41-cm) minimum size
limit for the commercial sector. Some fishermen suggested slot limits
to preserve the breeding stock (e.g., 16 to 20 inches (41-51 cm) and 15
to 22 inches (38-56 cm)). Others suggested prohibiting the release of
red snapper within the bag limits, i.e., fishermen would be required to
keep what they catch.
Response: Because a large portion of released red snapper do not
survive the trauma of capture, the Council and NMFS decided that
removal of a minimum size limit is likely to reduce dead regulatory
discards. Removing the minimum size limit should also have a positive
effect on the breeding population because red snapper release mortality
is high and red snapper begin spawning at a young age (as young as 1-
year old fish) and at small sizes. However, the net effect of removing
the minimum size limit on the number of regulatory discards is unknown.
A fisherman may cull his catch regardless of whether a minimum size
limit is in
[[Page 44463]]
effect for red snapper. NMFS and the Council have determined that
removing the minimum size limit and allowing a fisherman to keep the
first fish caught, regardless of its size, should both protect the
breeding stock and decrease regulatory discards because the fish will
not have to be returned to the water.
Prohibiting the release of red snapper caught within the bag limits
was discussed by the Council at its June 2012 meeting. However, the
U.S. Coast Guard stated that this requirement would not be enforceable,
therefore, the Council decided not to include this requirement in
Amendment 28.
Comment 4: One fisherman stated that a mid-September fishing season
would be better for fishermen in North Florida compared to the July
fishing season, as contained in this final rule. The commenter stated
that fish are offshore in July and too far offshore for small boat
owners. The commenter also stated that tournaments occur in July which
would conflict with a July fishing season and would increase traffic at
the boat ramps.
Response: NMFS and the Council determined that having a limited
fishing season in July (or in August for the 2013 fishing year) should
decrease the chances of inclement weather events, thus promoting
safety-at-sea and increasing the opportunity for small vessels to
participate in the limited season. The Council also determined that a
season beginning in July (or in August for the 2013 fishing year) would
allow for better weather during a second opening of the fishing season,
if a reopening was necessary as was the case for the commercial sector
in 2012. In 2012, NMFS received many complaints from the recreational
fishing community that inclement weather during the September weekends
prevented fishermen, particularly those with smaller vessels, from
participating in the limited red snapper fishing season. In addition,
representatives of the state natural resource agencies reported that
fishing effort was limited during the September 2012 fishing season off
the coasts of North Carolina, South Carolina and Georgia, primarily due
to adverse weather conditions. Therefore, the Council reasoned that a
start date prior to September would promote increased recreational
effort in all the southeastern Atlantic states, and would increase the
likelihood that the entire recreational ACL would be harvested while
allowing more fair and equitable access to red snapper.
Comment 5: One fishing organization preferred the fishing seasons
for both commercial and recreational red snapper to be set in June.
They stated that a June fishing season for red snapper would overlap
with the fishing season for black sea bass and would help solve the
problem of red snapper bycatch and dead discards when fishermen target
black sea bass. Another commenter preferred a fishing season for the
commercial sector when grouper are closed (January through April each
year) so that commercial fishermen have a way to make a living during
this time.
Response: NMFS and the Council decided that opening the fishing
season in July (or in August for the 2013 fishing year) would be
effective in reducing discards of red snapper because it is likely that
the red snapper fishing season, if it is to occur, would occur during
the black sea bass fishing season. The fishing season for black sea
bass begins on June 1, and recreational harvest of black sea bass has
never been prohibited after one month of fishing, therefore, a July (or
August) red snapper fishing season is just as likely to overlap with
the black sea bass season as a June fishing season. Also, the Council
has approved an amendment to more than double the black sea bass ACL,
which if implemented, is expected to extend the length of the
commercial and recreational fishing seasons for black sea bass.
In addition, Amendment 28 establishes a process to determine if
harvest of red snapper would be allowed each year. As stated in the
amendment, the red snapper estimated landings and dead discards that
occurred in the previous year would first become available around March
of each year. At that time, NMFS would begin the evaluation of red
snapper landings and total removals to determine if a season can occur.
The goal is to ensure that the most accurate and complete set of
landings and total removals are used while also providing as much
notice to fishermen as possible to prepare for a limited red snapper
fishing season. Season start dates of January through April or June are
problematic because the estimated landings and dead discards from the
previous year are typically not available until March, and if a limited
fishing season can occur, adequate notice of that season needs to be
given to fishermen and other members of the public.
Comment 6: Some commenters want the recreational fishing seasons to
occur on all days of the week, not just weekends. One commenter, a
retiree, reported that he did not want to fish when ``weekend
warriors'' were around. Another commenter stated that work prevented
him from fishing on weekends. One commenter wants to start the
commercial and recreational fishing seasons on the same day.
Response: The majority of recreational fishermen fish on the
weekends, and weekend-only seasons would provide the majority of
recreational fishermen access to the resource when they are not
working. Commercial fishermen generally fish during weekdays rather
than weekends; as such, the Council decided not to align the commercial
and recreational sectors by starting the fishing seasons on the same
day.
Comment 7: One environmental organization was concerned that based
on the current recreational sampling methods and estimates for red
snapper, the ACL may be exceeded without a better defined method to
capture landings during the short red snapper fishing season. This
organization encouraged the establishment of a standardized reporting
method for red snapper because they believe the Marine Recreational
Information Program (MRIP) is not designed to capture and estimate
catch and effort with significant precision for such a short fishing
season. They stated that the MRIP-calculated red snapper catch was
highly imprecise and, based on MRIP's own recommendation, estimates
with over a 50-percent proportional standard error are highly
imprecise. The commenters noted that using one set of data (MRIP and
Southeast Region Headboat Survey (SRHS)), the catch was below the 2012
recreational ACL; however, using the other data (MRIP, Florida Fish and
Wildlife Conservation Commission estimates, and SHRS), the recreational
ACL was exceeded.
Response: NMFS agrees that MRIP catch and effort estimates alone
may be imprecise for short fishing seasons and additional sampling
methods and surveys would improve the precision of catch and effort
estimates of red snapper. Therefore, MRIP is not the only data source
utilized to determine red snapper catch and effort information in the
South Atlantic. Various standardized reporting methodologies, designed
to capture recreational data, exist for all species managed by NMFS and
the Council in the South Atlantic. For example, SRHS estimates
recreational landings and discards from headboats in the U.S. South
Atlantic and Gulf of Mexico. MRIP provides estimated catch per unit
effort, total effort, landings, and discards for six 2-month periods
(waves) each year. MRIP provides estimates for three recreational
fishing modes: Shore-based fishing, private and rental boat fishing,
and for-hire charter and guide fishing. Both SRHS and MRIP were used to
provide
[[Page 44464]]
estimates for red snapper mortality during 2012, and will be used in
2013.
In addition to SRHS and MRIP, an intensive sampling program was
developed and implemented by all South Atlantic states for the 2012
limited fishing season for red snapper. The goal of the sampling
program was to capture fishery-dependent charter and private angler
data from the 6-day recreational red snapper season. Numerous survey
methods were used within the sampling program to provide estimates of
red snapper harvest for private boat and for-hire modes. In Florida and
Georgia, these methods included a telephone survey of federally-
permitted charter vessel operators to obtain catch and effort
information. In South Carolina, logbooks were used to estimate charter
vessel landings. In Florida, a boat-level angler intercept survey was
used to obtain catch information for directed recreational trips and an
inlet-based boat count survey was used to determine directed effort.
Monitoring efforts also included a carcass drop-off program and
tournament sampling, as well as integrated sampling of the private boat
and for-hire modes for biological information and otoliths. The intent
of NMFS and the states is to continue this expanded red snapper
sampling program to help capture fishery dependent charter and private
angler data from future red snapper seasons as they occur.
Comment 8: One environmental organization recommended that in order
to mitigate some of the uncertainty in estimating the catch and effort
through MRIP, the Council should, at a minimum, establish an annual
catch target (ACT) for the recreational sector for red snapper.
Response: The Council did not establish an ACT during a limited red
snapper fishing season because the Council determined that prescribing
the exact number of fishing days allowed for the recreational sector,
coupled with a one-fish bag limit, are the appropriate management
controls necessary to constrain the recreational sector to its ACL.
After the recreational fishing season closes, the bag and possession
limits for red snapper revert back to zero, and it is unlawful to
harvest or possess red snapper.
As outlined in the response to the previous comment, an intensive
sampling program was developed and implemented by all the South
Atlantic states to capture fishery dependent charter and private angler
data from the 2012 6-day recreational red snapper season, and this
program will be used in 2013 as well.
Changes From the Proposed Rule
On April 17, 2013, NMFS published in the Federal Register an
interim final rule to reorganize the regulations in 50 CFR part 622 for
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950)
into a new format, and changed the section headings for the various
management measures for each fishery. The proposed rule for Amendment
28 contained an incorrect section heading in the proposed codified text
(it referenced the old section heading instead of the new section
heading). In Sec. 622.191, there was a reference to Sec.
622.49(b)(25)(i) which is now Sec. 622.193(y)(1). This final rule
corrects that reference.
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of South Atlantic red snapper and is consistent with Amendment 28, 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 rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination 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. As a result, a final
regulatory flexibility analysis is not required and none was prepared.
List of Subjects in 50 CFR Part 622
Accountability measure, Annual catch limit, Fisheries, Fishing, Red
snapper, South Atlantic.
Dated: July 19, 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 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
[[Page 44465]]
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. 622.193(y)(1) is reached, 75 lb (34 kg), gutted
weight. See Sec. 622.193(y)(1) 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 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. 2013-17790 Filed 7-19-13; 4:15 pm]
BILLING CODE 3510-22-P