[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66316-66323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26501]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130403320-4891-02]
RIN 0648-BD07
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory
Amendment 14
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 14
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (FMP) (Regulatory Amendment 14), as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
This rule changes the fishing years for greater amberjack and black sea
bass, revises the commercial trip limits for gag grouper (gag) and
black sea bass, and revises the recreational accountability measures
(AMs) for black sea bass and vermilion snapper. The purpose of
Regulatory Amendment 14 and this rule is to help achieve optimum yield
(OY) and enhance socio-economic opportunities within the snapper-
grouper fishery in accordance with the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: This rule is effective December 8, 2014.
ADDRESSES: Electronic copies of the regulatory amendment, which
includes an environmental assessment and an initial regulatory
flexibility analysis (IRFA), may be obtained from the Southeast
Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/reg_am14/index.html.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
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 Act.
On April 25, 2014, NMFS published a proposed rule for Regulatory
Amendment 14 and requested public comment (79 FR 22936). The proposed
rule and Regulatory Amendment 14 outline the rationale for the actions
contained in this final rule. A summary of the actions implemented by
Regulatory Amendment 14 and this final rule is provided below.
Management Measures Contained in This Final Rule
This final rule changes the fishing years for greater amberjack and
black sea bass, revises the commercial trip limits for gag and black
sea bass, and revises the recreational AMs for black sea bass and
vermilion snapper. All weights described in this final rule are given
in gutted weight.
Greater Amberjack Fishing Year
This final rule changes the greater amberjack fishing year of May 1
through April 30 to a fishing year of March 1 through the end of
February. This fishing year change allows the commercial sector access
to greater amberjack during the Lenten season, when there is an
increase in demand for the species, and thus enhances the economic
yield from greater amberjack harvest.
Black Sea Bass Fishing Year
This final rule changes the commercial and recreational fishing
years for black sea bass from June 1 through May 31, to January 1
through December 31 for the commercial sector and April 1 through March
31 for the recreational sector. Starting the commercial fishing year on
January 1 during the black sea bass pot gear closure could provide, to
the extent practicable, positive socio-economic benefits to the
commercial black sea bass fishers who use hook-and-line gear because
they would be able to fish for black sea bass when the catch per unit
effort is higher, the fish are closer to shore, and there is generally
a higher price per pound for black sea bass. The action also aligns the
beginning of the commercial harvest seasons for black sea bass and
vermilion snapper, which are commonly caught together with hook-and-
line gear, and is expected to decrease the amount of regulatory
discards in the snapper-grouper fishery. In addition, changing the
commercial fishing year to January 1 for the black sea bass commercial
sector allows commercial fishers to harvest black sea bass with hook-
and-line gear during January to April when many other snapper-grouper
species such as shallow-water groupers are closed to harvest.
Changing the black sea bass recreational fishing year start date
from June 1 to April 1 is expected to allow recreational fishermen
throughout the Council's area of jurisdiction to have more opportunity
to harvest black sea bass and vermilion snapper when harvest for both
species is open, thus reducing regulatory discards of black sea bass
during April and May.
Black Sea Bass Commercial Trip Limit
Currently, the trip limit for the black sea bass commercial sector
for hook-and-line gear and black sea bass pots is 1,000 lb (454 kg).
This final rule establishes a trip limit of 300 lb (136 kg), for the
hook-and-line component of the commercial sector from January 1 through
April 30 when fishing with black sea bass pots is prohibited. The hook-
and-line trip limit for the remainder of the fishing year remains at
1,000 lb (454 kg). The trip limit for fishers using black sea bass pots
would continue to be 1,000 lb (454 kg). A 300 lb (136 kg), black sea
bass trip limit for the hook-and-line sector during the period January
1 to April 30 allows fishermen to retain marketable quantities of black
sea bass when targeting vermilion snapper, thereby addressing bycatch
and discard mortality issues. The 300-lb (136-kg) trip limit for black
sea bass could help to extend the length of the commercial vermilion
snapper fishing season, because fishers have the opportunity to harvest
both black sea bass and vermilion snapper instead of just targeting
vermilion snapper. The Council determined that a January 1 fishing year
start date for the black sea bass commercial sector, in conjunction
with a trip limit of 300 lb (136 kg) for the hook-and-line component,
would allow commercial harvest of black sea bass and vermilion snapper
to occur at the same time and enhance the socio-economic benefits to
those utilizing the black sea bass resource.
Gag Commercial Trip Limit
This final rule revises the gag commercial trip limit from the
current 1,000 lb (454 kg), to include a trip limit reduction to 500 lb
(227 kg), when 75 percent of the gag commercial quota is
[[Page 66317]]
reached. The Council determined that this trip limit alternative best
addresses the need to minimize regulatory discards of gag, extend the
gag commercial fishing season, and reduce adverse socio-economic
impacts to fishermen and fishing communities that utilize the gag
resource, while still allowing commercial harvest to continue.
Black Sea Bass Recreational AMs
As described in Regulatory Amendment 14, this final rule revises
the black sea bass recreational AMs to prevent the recreational ACL
from being exceeded. The revised recreational AM is to specify the
length of the recreational fishing season for black sea bass, as
determined by NMFS and announced annually in the Federal Register,
prior to the April 1 recreational fishing season start date. The
fishing season starts on April 1 and ends on the date NMFS projects the
recreational sector's ACL will be reached for that year. The purpose of
this revised AM is to implement a more predictable recreational season
length while still constraining harvest at or below the ACL to protect
the stock from experiencing adverse biological consequences.
Vermilion Snapper Recreational AMs
This rule revises the recreational AM for vermilion snapper by
implementing an in-season closure and modifying the ACL overage
adjustment (payback) in the event an overage of the recreational ACL
occurs and vermilion snapper are overfished. If recreational landings
reach or are projected to reach the recreational ACL, recreational
harvest is prohibited for the remainder of the fishing year. Payback of
a recreational ACL overage in the following fishing year occurs if
vermilion snapper are determined to be overfished and the total ACL
(combined commercial and recreational ACLs) is exceeded. Unlike black
sea bass, the Council determined that these revised recreational AMs
for vermilion snapper that include in-season closure authority best
meet the objectives of the FMP while ensuring that overfishing of
vermilion snapper does not occur.
Additional Management Measure Contained in This Final Rule
Regulatory Amendment 15 to the FMP revised the AMs for gag by
removing the requirement that all other South Atlantic shallow-water
grouper (SASWG) are prohibited from harvest when the gag commercial ACL
is met or projected to be met (78 FR 49183, August 13, 2013). However,
the final rule implementing Regulatory Amendment 15 inadvertently
failed to remove regulatory language within the quota closure section
for gag that also referred to the associated SASWG closure. Therefore,
this final rule removes the outdated language that is no longer
applicable to the gag commercial ACL closure.
Comments and Responses
A total of 13 comments were received on Regulatory Amendment 14 and
the proposed rule from individuals, a commercial fishing association,
and a Federal agency. The Federal agency stated it had no comments on
the proposed rule or Regulatory Amendment 14. Three comment submissions
were unrelated to the actions contained in Regulatory Amendment 14 and
one comment was in opposition to all fishing regulations in general.
The commercial fishing association expressed support for the actions in
Regulatory Amendment 14 except for the gag commercial trip limit
reduction. One comment submission questioned how the recreational ACL
is documented for black sea bass and vermilion snapper. Seven
individuals submitted comments on various alternatives contained in
Regulatory Amendment 14 and the proposed rule. Of these seven
individuals, four submissions were in favor of the gag commercial trip
limit reduction; one submission was in opposition to changing the
commercial fishing year for greater amberjack; one submission was in
opposition to changing the black sea bass commercial trip limit; and
one submission was in opposition to changing the black sea bass
commercial regulations. The comments that oppose one or more of the
management measures contained in Regulatory Amendment 14 and the
proposed rule are summarized and responded to below.
Comment 1: One commenter suggested that NMFS should reduce the gag
commercial trip limit to 300 lb (136 kg), when 75 percent of the gag
commercial quota is reached, instead of to 500 lb (227 kg). Another
commenter suggested that the gag trip limit should be 500 lb (227 kg)
instead of 1,000 lb (454 kg), and then reduced to 100 lb (45 kg) when
75 percent of the commercial quota is reached.
Response: NMFS disagrees that the 1,000 lb (454 kg) gag commercial
trip limit should be reduced to 300 lb (136 kg) when 75 percent of the
gag commercial quota is reached. NMFS also disagrees that the gag trip
limit should be 500 lb (227 kg) instead of 1,000 lb (454 kg), and then
reduced to 100 lb (45 kg) when 75% of the gag commercial quota is
reached. Regulatory Amendment 14 analyzed alternatives with different
step-down reductions to the gag 1,000 lb (454 kg) commercial trip
limit, including a reduction to 300 lb (136 kg). At their September
2013 meeting, the Council discussed that the original purpose of this
action, as proposed by the Council's Snapper-Grouper Advisory Panel,
was to reduce discards of gag when fishermen target shallow-water
groupers or other species which co-occur with gag. An additional
objective was to extend the length of the gag commercial fishing
season. An alternative to specify a gag trip limit of 500 lb (227 kg)
that is reduced to 100 lb (45 kg) when 75 percent of the gag commercial
quota is reached was not considered in Regulatory Amendment 14.
However, some Council members stated that higher trip limits were
needed for larger vessels, which require higher costs to operate and to
fish than smaller vessels require. Because the other trip limit step-
down alternatives considered are less than the preferred alternative of
500 lb (227 kg) gutted weight, these alternatives would be expected to
increase the cost per landed fish, and might lower vessel profit per
trip. Analyses in Regulatory Amendment 14 showed little difference in
the expected length of the commercial season under the various trip
limit alternatives; thus, the Council determined that reducing the gag
commercial trip limit to 500 lb (227 kg) gutted weight when 75 percent
of the gag commercial quota is reached, best balanced the need to
minimize regulatory discards of gag and reduce adverse socio-economic
impacts to fishermen and fishing communities that utilize the gag
resource, while still allowing commercial harvest to continue. In
general, the Council considers this step-down approach in the
commercial trip limit as a temporary measure while they explore better
ways to address discards, enhance vessel profitability, and achieve a
longer gag fishing season.
Comment 2: NMFS should not allow commercial fishing for greater
amberjack during the months of April, May, and June. Greater amberjack
aggregate to spawn during these months, and a commercial closure during
this period would protect the spawning stock.
Response: NMFS agrees that closing the commercial sector harvest
for greater amberjack during the spawning season months of April, May,
and June would provide greater protection for the greater amberjack
resource. However, such a seasonal closure is not necessary for the
[[Page 66318]]
stock at this time because the stock is healthy and commercial spawning
season harvest limitations for greater amberjack for the month of April
have been in effect since 1999 (64 FR 3624, January 25, 1999). Greater
amberjack are neither overfished nor undergoing overfishing and ACLs
and AMs are in place to ensure that overfishing does not occur.
Commercial harvest of greater amberjack did not exceed the commercial
ACL during fishing years 2007/2008 through 2012/2013; however, members
of the public expressed concern that commercial harvest of greater
amberjack could increase in the future due to harvest restrictions on
other snapper-grouper species. Revising the current greater amberjack
commercial fishing year of May 1 through April 30, to a fishing year of
March 1 through the end of February, could have positive biological
effects to the greater amberjack resource because, if harvest were to
increase, it is more likely that the commercial ACL could be reached
before the beginning of the spawning season (January through June) and
thus provide more protection to the species. Furthermore, changing the
greater amberjack commercial fishing year could provide socio-economic
benefits to fishers because even if commercial harvest were to increase
in the future, beginning the fishing year in March would ensure that
greater amberjack are available during the Lenten season (which usually
begins in March) when there is the greatest demand for the species.
Therefore, changing the fishing year balances the biological protection
for the resource and the socio-economic benefits for snapper-grouper
fishermen.
Comment 3: One commenter stated that none of the black sea bass
commercial regulations should be changed. Another commenter indicated
that the commercial trip limit for the black sea bass hook-and-line
component should be 800 to 1,000 lb (362 to 453 kg), for the winter and
spring months, instead of 300 lb (136 kg) for the winter and spring
months of January through April. It is not cost-effective to leave the
dock for only 300 lb (136 kg) of black sea bass.
Response: NMFS disagrees that there should be no change in the
commercial regulations for black sea bass and disagrees that the
commercial trip limit for the black sea bass hook-and-line component
should be 800 to 1,000 lb (362 to 453 kg) for the months January
through April.
Regulatory Amendment 14 considers a change in the commercial black
sea bass fishing year and revisions to the commercial trip limit for
the black sea bass hook-and-line component. The Council concluded that
a change in the commercial fishing year to begin on January 1 during
the black sea bass pot gear closure could provide benefits to the
commercial black sea bass fishers who use hook-and-line gear because
they would be able to fish for black sea bass when the catch per unit
effort is higher, the fish are closer to shore, and there is generally
a higher price per pound for black sea bass. In the past several years,
the commercial quota has been met for black sea bass before the end of
the June through May fishing year. A January 1 start date for the black
sea bass commercial fishing season is expected to increase harvest
opportunities for black sea bass and co-occurring species with hook-
and-line gear from January to April when many other snapper-grouper
species such as shallow-water groupers are closed to harvest.
A 300-lb (136-kg) commercial trip limit for the hook-and-line
component during the period from January 1 to April 30 would allow
fishermen to retain marketable quantities of black sea bass when
targeting co-occurring species such as vermilion snapper (which are
caught together with black sea bass when using hook-and-line gear)
while addressing bycatch and discard mortality issues. The 300-lb (136-
kg) commercial trip limit would also help to extend the length of the
commercial vermilion snapper fishing season, because fishers would then
have the opportunity to catch both black sea bass and vermilion snapper
instead of just targeting vermilion snapper. The Council determined
that a January 1 fishing year start date for the black sea bass
commercial sector, in conjunction with a trip limit of 300 lb (136 kg)
for the hook-and-line component, would allow commercial harvest of
black sea bass and vermilion snapper to occur at the same time and
enhance the socio-economic benefits to those utilizing the black sea
bass resource. Additionally, 300 lb (136 kg) is considered an adequate
trip limit based on public input and Council members' own experiences
of fishing for black sea bass with hook-and-line gear.
Comment 4: For the revised AMs for black sea bass and vermilion
snapper, how is the recreational ACL documented, and how does NMFS know
when the recreational ACL has been reached?
Response: Recreational landings are collected through the Marine
Recreational Information Program (MRIP), and the Southeast Region
Headboat Survey. MRIP covers both coastal Atlantic states from Maine to
Florida and Gulf of Mexico coastal states from Florida to Louisiana.
MRIP provides estimated landings and discards for six 2-month periods
(waves) each year. The survey provides estimates for three recreational
fishing modes: Shore based fishing, private and rental boat fishing,
and for-hire charter and guide fishing. Catch data are collected
through dockside angler intercept surveys of completed, recreational
fishing trips and effort data are collected using telephone surveys.
The Southeast Region Headboat Survey estimates landings and discards
for headboats in the U.S. South Atlantic and Gulf of Mexico from
required logbooks. Landings data from MRIP and the Headboat Survey are
compared to the recreational ACL. If the ACL has been met or exceeded,
an AM is triggered, such as an in-season closure. If landings for
either MRIP or the Headboat Survey are incomplete, projections of
landings based on information from previous years are used to predict
when the ACL is expected to be met.
Also, this final rule revises the AM for the black sea bass
recreational sector so that the fishing season will be announced prior
to the April 1 start date and the length of the season will be set to
prevent the recreational ACL from being exceeded. As discussed, this
final rule also revises the AMs for the vermilion snapper recreational
sector. However, for vermilion snapper, when the recreational ACL is
reached, or projected to be reached, the sector will close for the
remainder of the fishing year (in-season closure). Additionally, if
vermilion snapper commercial and recreational landings exceed both
sector's combined ACL, and vermilion snapper are overfished, then
during the following year, the recreational ACL will be reduced by the
amount of the recreational overage in the prior year (payback).
Classification
The Regional Administrator, Southeast Region, NMFS has determined
that this final rule is necessary for the conservation and management
of South Atlantic snapper-grouper and is consistent with Regulatory
Amendment 14, 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.
A final regulatory flexibility analysis (FRFA) was prepared for
this action. The FRFA incorporates the initial regulatory flexibility
analysis (IRFA), a summary of the significant economic
[[Page 66319]]
issues raised by public comment, NMFS' responses to those comments, and
a summary of the analyses completed to support the action. The FRFA
follows.
No public comments specific to the IRFA were received and,
therefore, no public comments are addressed in this FRFA. Some comments
with indirect socio-economic implications were received and these are
addressed in the comments and responses section above. No changes in
the final rule were made in response to public comments.
This final rule will modify the commercial and recreational fishing
years for greater amberjack from the current fishing year of May 1
through April 30 to a fishing year that begins on March 1 and goes
through the last day of February; modify the recreational fishing year
for black sea bass from June 1 through May 31 to a fishing year of
April 1 through March 31; require as a recreational AM for black sea
bass for NMFS to annually announce the recreational fishing season end
date based on NMFS projections of when the recreational ACL will be
caught; change the commercial fishing year for black sea bass to
January 1 through December 31; revise the black sea bass commercial
trip limit, for the hook-and-line component, to be 300 lb (136 kg) from
January through March (when sea bass pots are prohibited); reduce the
commercial trip limit for gag from 1,000 lb (454 kg) to 500 lb (227
kg), when 75 percent of the commercial ACL is projected to be met;
modify the recreational AMs for vermilion snapper such that exceeding
the recreational ACL will result in an in-season closure; require
paybacks for the vermilion snapper recreational sector only if the
vermilion snapper stock is overfished and if the total ACL (vermilion
snapper commercial and recreational ACLs combined) are exceeded.
NMFS agrees that the Council's choice of preferred alternatives
will best achieve the Council's objectives for Regulatory Amendment 14
while minimizing, to the extent practicable, the adverse effects on
fishers, support industries, and associated communities. The preamble
of the proposed rule and this final rule provide a statement of the
need for and objectives of this final rule, and it 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. In addition, no new reporting, record-keeping, or
other compliance requirements are introduced by this final rule.
Accordingly, this final rule does not implicate the Paperwork Reduction
Act.
NMFS expects this final rule to directly affect commercial
fishermen and for-hire vessel operators in the South Atlantic snapper-
grouper fishery. The Small Business Administration (SBA) recently
modified the small entity size criteria for all major industry sectors
in the U.S., including fish harvesters. A business involved in finfish
harvesting is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and its combined annual receipts are not in
excess of $20.5 million (NAICS code 114111, finfish fishing) for all of
its affiliated operations worldwide. For for-hire vessels, all
qualifiers apply except that the annual receipts threshold is $7.5
million (NAICS code 487210, recreational industries). The SBA
periodically reviews and changes, as appropriate, these size criteria.
On June 12, 2014, the SBA issued a final rule revising the small
business size standards for several industries, effective July 14, 2014
(79 FR 33647). That rule increased the size standard for commercial
finfish harvesters from $19.0 million to $20.5 million and the size
standard for for-hire vessels from $7.0 million to $7.5 million.
From 2008 through 2012, an annual average of 223 vessels with valid
Federal permits to operate in the commercial sector of the snapper-
grouper fishery landed at least 1 lb (0.5 kg) of black sea bass. These
vessels generated annual average dockside revenues of approximately
$3.6 million (2011 dollars) from all species caught on the same trips
as black sea bass, of which $918,000 (2011 dollars) were from black sea
bass. Each vessel, therefore, generated an annual average of
approximately $16,000 in gross revenues, of which $4,000 annually were
from black sea bass. For the same period, an annual average of 252
vessels with valid Federal permits to operate in the commercial sector
of the snapper-grouper fishery landed at least 1 lb (0.5 kg) of gag.
These vessels generated dockside revenues of approximately $5.7 million
(2011 dollars) from all species caught on the same trips as gag, of
which $1.7 million (2011 dollars) were from gag. Each vessel,
therefore, generated an annual average of approximately $23,000 in
gross revenues, of which $7,000 were from gag.
Additionally, an annual average of 304 vessels with valid Federal
permits to operate in the commercial sector of the snapper-grouper
fishery landed at least 1 lb (0.5 kg) of greater amberjack. These
vessels generated dockside revenues of approximately $5.7 million (2011
dollars) from all species caught on the same trips as greater
amberjack, of which $905,000 (2011 dollars) were from greater
amberjack. Each vessel, therefore, generated an annual average of
approximately $23,000 in gross revenues, of which $3,000 were from
greater amberjack. Also, an annual average of 229 vessels with valid
Federal permits to operate in the commercial sector of the snapper-
grouper fishery landed at least l lb (0.5 kg) of vermilion snapper.
These vessels generated dockside revenues of approximately $6.2 million
(2011 dollars) from all species caught on the same trips as vermilion
snapper, of which $2.9 million (2011 dollars) were from vermilion
snapper. Each vessel, therefore, generated an annual average of
approximately $27,000 in gross revenues, of which $13,000 were from
vermilion snapper. Some vessels may have caught and landed any
combination of these four species (black sea bass, gag, greater
amberjack, and vermilion snapper) and revenues therefrom are included
in the foregoing estimates. Vessels that caught and landed any of these
four species may also operate in other fisheries, the revenues of which
are not known and are not reflected in these totals. Based on revenue
information, all commercial vessels affected by this final rule can be
considered small entities.
From 2008 through 2012, an annual average of 1,809 vessels had
valid or renewable Federal permits to operate in the for-hire component
of the recreational sector of the South Atlantic snapper-grouper
fishery. As of July 24, 2013, 1,523 vessels held South Atlantic
charter/headboat snapper-grouper permits and about 75 of those vessels
are estimated to have operated as headboats in 2013. The for-hire fleet
consists of charter boats, which charge a fee on a vessel basis, and
headboats, which charge a fee on an individual angler (head) basis.
Average annual revenues (2011 dollars) for charter boats are estimated
to be $126,032 for Florida vessels, $53,443 for Georgia vessels,
$100,823 for South Carolina vessels, and $101,959 for North Carolina
vessels. For headboats, the corresponding estimates are $209,507 for
Florida vessels and $153,848 for vessels in the other states. Revenue
figures for states other than Florida are aggregated to avoid
disclosure of confidential information. Based on these average revenue
figures, all for-hire operations that would be
[[Page 66320]]
affected by this final rule can be considered small entities.
Because all entities expected to be affected by this rule are small
entities, NMFS has determined that this final rule will affect a
substantial number of small entities. Moreover, the issue of
disproportionate effects on small versus large entities does not arise
in the present case.
Relative to the no action alternative, the modification to the
greater amberjack commercial season is not expected to alter the length
of the commercial season. NMFS projections show that if closures were
to occur, they would be of about the same length for both the no action
alternative and the preferred alternative. For this reason, it is
unlikely that total ex-vessel revenues for the commercial sector will
change. However, there is a possibility that the distribution of those
revenues will change in favor of those with first access to the fishery
resource, particularly if fishing closures were to occur. NMFS
projections for the recreational sector show that the recreational ACL
will be met at a later date under the no action alternative than under
the preferred alternative. Thus, greater recreational ACL overages may
be expected from the preferred alternative as there is no in-season AM
for the greater amberjack recreational sector. This will result in
higher profits to for-hire vessels in a current fishing year. However,
the post-season AM requires that the following year's fishing season
would be shortened if the recreational ACL was exceeded during the
previous fishing year, resulting in revenue and profit reductions to
for-hire vessels. Based on average angler trips for 2008-2012, the for-
hire fleet will lose about $161,000 (2011 dollars) in annual profits,
of which $160,000 (2011 dollars) will be for headboats and $1,000 (2011
dollars) for charter boats as a result of a shortened season. It cannot
be ascertained if a fishing year's increased profits that will be
partly due to quota overages will more than compensate for the
following year's profit reductions due to fewer trips taken because of
a shortened fishing season.
The economic effects of the modification to the recreational
fishing year for black sea bass are uncertain. Projection models used
to predict the length of the season provide relatively wide variations.
Consequently, the expected effects on for-hire vessel profits will also
vary widely. Based on 2008-2012 trip data, the change in the
recreational black sea bass fishing year is expected to change for-hire
profits anywhere from negative $636,000 to positive $167,000 (2011
dollars), depending on the model used to project the season length.
Setting the end date for the black sea bass recreational fishing
season at the beginning of each fishing year will in effect set a fixed
recreational fishing season for that year. Relative to the no action
alternative, this alternative is likely to provide an improved economic
environment for increased short-term profits for for-hire vessels,
because for-hire vessel owners and operators will have more flexibility
in developing better plans (e.g., booking schedules) to take advantage
of improved fishing opportunities. One downside of this action is that
it tends to increase the likelihood of ACL overages because no fishing
closure will be implemented during the fixed season. It cannot be
determined at this time if a year's increased profits partly due to
quota overages will more than compensate for the following year's
profit reductions due to fewer trips taken because of a shortened
fishing season.
Changing the commercial fishing year for black sea bass to start on
January 1 effectively means that the hook-and-line component of the
commercial sector will have first access to the black sea bass
resource, because sea bass pots are prohibited from November 1 through
April 30. In addition, the trip limit for the hook-and-line component
of the commercial sector from January 1 through April 30 will be 300 lb
(136 kg); in other months when commercial harvest of black sea bass is
allowed, the trip limit for both the sea bass pot and hook-and-line
components is maintained at 1,000 lb (454 kg). While the change in the
commercial fishing year will benefit the hook-and-line component in
that they could start fishing at the beginning of the fishing year, the
lower trip limit during the period of January through April will
increase the cost per fish harvested for that gear type. It cannot be
determined at this time whether this condition will increase the
profits of black sea bass hook-and-line vessels. Projections on the
length of the commercial black sea bass fishing season show that, in
general, fishery closures under the new fishing year will happen
earlier in the year than under the no action alternative. There is then
a possibility that vessel revenues will be lower under the new fishing
year, and it is likely that the sea bass pot component of the
commercial sector will bear a greater portion of the revenue loss
because of a shorter fishing season than the hook-and-line component.
The magnitude of such a loss cannot be estimated beyond stating that
the revenues under this action will be lower relative to that of the no
action alternative.
Reducing the commercial trip limit for gag from 1,000 lb (454 kg)
to 500 lb (227 kg), when 75 percent of the commercial ACL is projected
to be met will extend the length of the commercial fishing season by
about 1 week. It is not known if this lengthened season will be
sufficient for the gag ex-vessel price to increase. In the absence of
an increased ex-vessel price, commercial revenues are unlikely to
increase. Under this condition, there arises the possibility that
profits per trip will decrease because the fishing cost per fish landed
for those already catching above 500 lb (227 kg) will be higher.
However, maintaining the trip limit at 1,000 lb (454 kg) could
eventually lead to a progressive shortening of the commercial season in
future years as fishermen race to harvest fish before the season
closes. The reduced trip limit will likely favor those catching 300 lb
(136 kg), or less, on commercial trips as they will be able to continue
their usual fishing activities at relatively the same cost and profit
per trip during the extended fishing season.
Modifying the recreational AM for vermilion snapper will require
recreational ACL paybacks only if, in addition to the stock being
overfished as in the no action alternative, the total vermilion snapper
commercial and recreational ACLs are exceeded. NMFS notes that the
revised AM will also provide for in-season closures as occurs in the no
action alternative. Because vermilion snapper is currently neither
overfished nor undergoing overfishing, the revision to the recreational
AM will have no short-term economic effects.
The following discussion analyzes the alternatives that were not
selected as preferred by the Council, or alternatives for which the
Council chose the no action alternative.
Three alternatives, including the preferred alternative, were
considered for modifying the commercial and recreational fishing years
for greater amberjack. The first alternative, the no action
alternative, would maintain the May 1 through April 30 commercial and
recreational fishing year. The second alternative would establish a
January 1 through December 31 commercial and recreational fishing year
for greater amberjack. The second alternative (January 1-December 31)
would allow fishermen in south Florida to harvest greater amberjack in
March through May before the fish migrate north in late spring. In
effect, the first alternative (May 1-April 30) would allow south
Florida fishermen to have access to the fish in only 2 months each
year;
[[Page 66321]]
whereas, fishermen in north Florida through North Carolina would have
access to the fish for a much longer annual period. Thus, the Council
rejected these two alternatives because the preferred alternative will
allow fishermen across the South Atlantic states more equitable access
to the fishery resource.
Five alternatives, including the preferred alternative, were
considered for modifying the recreational fishing year for black sea
bass. The first alternative, the no action alternative, would maintain
the June 1 through May 31 recreational fishing year. The second
alternative would establish a January 1 through December 31 fishing
year; the third alternative, an October 1 through September 30 fishing
year; and, the fourth alternative, a May 1 through April 30 fishing
year. NMFS employed several models to project the season length for the
various alternatives. Projected recreational season lengths vary widely
within and across the alternative fishing years and projection models.
An attempt was made to estimate for-hire profits based on projected
season lengths for the various fishing year alternatives. For some
models, the preferred alternative would result in higher for-hire
vessel profits than any other alternatives, but for other projection
models, some alternatives (e.g., no action alternative) would result in
higher for-hire profits than the preferred alternative. In essence,
profit estimates were quite uncertain. The Council rejected all of the
other fishing year alternatives because they considered them inferior
to the preferred alternative in reducing regulatory discards of black
sea bass. The preferred recreational fishing year of April through
March will reduce the amount of regulatory discards by coinciding with
the open seasons for species that are commonly caught together, such as
black sea bass and vermilion snapper.
Four alternatives, including the preferred alternative, were
considered for modifying the recreational AM for black sea bass. The
first alternative, the no action alternative, would prohibit the
harvest and retention of black sea bass if the recreational ACL is met
or is projected to be met independent of the stock status, and would
reduce the recreational ACL in the following fishing year by the amount
of the recreational ACL overage in the prior year. The second
alternative would require NMFS to annually announce the recreational
fishing season end date, with the season starting on April 1 and the
end date being determined by NMFS' projection of when the recreational
annual catch target (ACT) would be met. The third alternative is the
same as the first alternative but without the payback provision in the
event of a recreational ACL overage. Comparative economic analysis of
the various alternatives cannot be adequately conducted because of the
interplay of such factors as an in-season AM that affects overages,
paybacks in case of overages, and a better business planning
environment (e.g., booking trips that would not be cancelled due to a
quota closure) in a given year. The first alternative would provide a
business planning environment that would not be as conducive to
generating higher for-hire vessel profits as the preferred alternative,
but would appear to have a better chance of limiting recreational ACL
overages and thus avoid a shortening of the following year's fishing
season that would have adverse effects on for-hire vessel profits. The
second alternative would likely result in lower for-hire profits than
the preferred alternative, because using the recreational ACT for
determining the end date of the black sea bass recreational fishing
season would result in a shorter fishing season in any given year. The
third alternative would likely result in lower for-hire vessel profits
than the preferred alternative in a given year, but in the event of
overages, it would likely provide higher for-hire vessel profits in the
following year because it would not require any payback for
recreational ACL overages. The Council selected its preferred
alternative because it will tend to provide more stability to the
recreational sector and/or higher for-hire vessel profits than the
other alternatives.
Four alternatives, including the preferred alternative, were
considered for modifying the commercial fishing year for black sea
bass. The first alternative, the no action alternative, would maintain
the June 1 through May 31 fishing year, with sea bass pots prohibited
from November 1 through April 30, and a 1,000 lb (454 kg) trip limit
for both the sea bass pot and hook-and-line components. The second
alternative would differ from the no action alternative by establishing
a July 1 through June 30 commercial fishing year. The third alternative
would differ from the no action alternative by setting a May 1 through
April 30 fishing year. In addition, three sub-alternatives, including
the preferred sub-alternative, were considered for a commercial trip
limit for the hook-and-line component from January 1 through April 30
coinciding with the time that sea bass pots are prohibited from
harvesting black sea bass. The first sub-alternative would impose a 100
lb (45 kg) hook-and-line trip limit and the second sub-alternative, a
200 lb (90 kg) hook-and-line trip limit. These two sub-alternatives
would tend to increase the cost per landed fish more than the preferred
sub-alternative. The Council rejected all of the other fishing year
alternatives because they were inferior to the preferred alternative in
minimizing regulatory discards of black sea bass. The preferred
alternative will minimize the amount of regulatory discards by allowing
the harvest of black sea bass at the same time as that of co-occurring
snapper-grouper species.
Two alternatives, including the preferred alternative, and five
sub-alternatives, including the preferred sub-alternative, were
considered for modifying the commercial trip limit for gag. Only one
other alternative, the no action alternative, would retain the 1,000 lb
(454 kg), trip limit for gag throughout the fishing year. The other
trip limits considered to be implemented when 75 percent of the gag
commercial ACL is landed were the following: 100 lb (45 kg); 200 lb (90
kg); 300 lb (136 kg); and 400 lb (180 kg). Cost per landed fish would
be lower under the no action alternative than under the preferred
alternative, potentially resulting in higher vessel profit per trip.
The Council rejected this alternative because it would lead to a
shorter fishing season for gag and thus presents a higher potential to
increase discards of gag when vessels fish for co-occurring snapper-
grouper species. The other trip limits are lower than the preferred
alternative so they would tend to increase the cost per landed fish and
might lower vessel profit per trip.
Four alternatives, including the preferred alternative, were
considered for modifying the recreational AM for vermilion snapper. The
first alternative, the no action alternative, would prohibit the
recreational harvest of vermilion snapper after recreational landings
reach or are projected to reach the recreational ACL and vermilion
snapper are overfished. In addition, this alternative would require a
payback equal to the amount of the recreational ACL overage if
recreational landings exceed the ACL, regardless of the status of the
stock. The second alternative differs from the no action alternative
only by not considering the status of the stock when imposing the in-
season AM. The third alternative differs from the no action alternative
by not considering stock status when imposing the in-season AM and
removing the payback provision. Because vermilion snapper is
[[Page 66322]]
no longer overfished, the various alternatives would have the same in-
season economic effects. In the event of a recreational ACL overage,
relative to the preferred alternative, the first and second
alternatives would likely result in profit reductions because paybacks
are made regardless of stock status; whereas, the third alternative
would likely result in less adverse economic effects as it would not
require paybacks. While the recreational sector would be economically
better off in the short term under the third alternative, the Council
rejected this alternative because paybacks are deemed necessary to
prevent overfishing of the vermilion stock.
The Council also considered three alternatives to modify the
commercial fishing season for vermilion snapper, of which they chose
the no action alternative. The no action alternative would maintain the
split of the commercial fishing year, with January through June as the
first season and July through December as the second season. The
commercial ACL is currently split equally between the two seasons. The
second alternative, with three sub-alternatives, would retain the split
of the fishing year, with 100 percent of the new ACL implemented
through Regulatory Amendment 18 to the FMP applied to the second season
(78 FR 47574, August 6, 2013). The three sub-alternatives would set the
start date of the second season to either July 1, June 1, or May 1. The
third alternative, with three sub-alternatives, would retain the split
of the fishing year, with 25 percent of the new ACL (Regulatory
Amendment 18) applied to the first season and 75 percent to the second
season. The three sub-alternatives would set the start date of the
second season to either July 1, June 1, or May 1. The Council chose the
no action alternative as their preferred alternative because they
considered it as the best choice among the fishing year alternatives to
minimize regulatory discards of vermilion snapper by those that fish
for co-occurring snapper-grouper species.
An item contained in this rule that is not part of Regulatory
Amendment 14 is the removal of the requirement that all other SASWG are
prohibited from harvest when the gag commercial ACL is met or projected
to be met. This action was inadvertently left out of the final rule
implementing Regulatory Amendment 15 to the FMP (78 FR 49183, August
13, 2013). The economic consequences of this action were previously
analyzed in Regulatory Amendment 15.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. As part of the rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all interested parties.
List of Subjects in 50 CFR Part 622
Black sea bass, Fisheries, Fishing, Gag, Greater amberjack, South
Atlantic, Snapper-Grouper, Vermilion snapper.
Dated: November 4, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.7, paragraphs (d) and (e) are revised to read as
follows:
Sec. 622.7 Fishing years.
* * * * *
(d) South Atlantic greater amberjack--March 1 through the end of
February.
(e) South Atlantic black sea bass recreational sector--April 1
through March 31. (Note: The fishing year for the commercial sector for
black sea bass is January 1 through December 31).
0
3. In Sec. 622.190, paragraph (a)(5) is revised and paragraph
(c)(1)(iii) is removed to read as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(5) Black sea bass. (i) For the 2014, 2015, and 2016 fishing
years--661,034 lb (299,840 kg), gutted weight; 780,020 lb (353,811 kg),
round weight.
(ii) For the 2017 fishing year and subsequent fishing years-640,063
lb (290,328 kg), gutted weight; 755,274 lb (342,587 kg), round weight.
* * * * *
0
4. In Sec. 622.191, paragraphs (a)(7) and (8) are revised to read as
follows:
Sec. 622.191 Commercial trip limits.
* * * * *
(a) * * *
(7) Gag. (i) Until 75 percent of the quota specified in Sec.
622.190(a)(7) is reached--1,000 lb (454 kg), gutted weight, 1,180 lb
(535 kg), round weight.
(ii) After 75 percent of the quota specified in Sec. 622.190(a)(7)
is reached or projected to be reached--500 lb (227 kg), gutted weight,
590 lb (268 kg), round weight. When the conditions in this paragraph
(a)(7)(ii) have been met, the Assistant Administrator will implement
this trip limit change by filing a notification with the Office of the
Federal Register.
(iii) See Sec. 622.190(c)(1) for the limitations regarding gag
after the quota is reached.
(8) Black sea bass. (i) Hook-and-line component. (A) From January 1
through April 30, until the applicable quota specified in Sec.
622.190(a)(5) is reached--300 lb (136 kg), gutted weight; 354 lb (161
kg), round weight.
(B) From May 1 through December 31, until the applicable quota
specified in Sec. 622.190(a)(5) is reached--1,000 lb (454 kg), gutted
weight; 1,180 lb (535 kg), round weight.
(ii) Sea bass pot component. From May 1 through October 31, until
the applicable quota specified in Sec. 622.190(a)(5) is reached--1,000
lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. See Sec.
622.183(b)(6) regarding the November 1 through April 30 seasonal
closure of the commercial black sea bass pot component of the snapper-
grouper fishery.
(iii) See Sec. 622.190(c)(1) for the limitations regarding black
sea bass after the applicable quota is reached.
* * * * *
0
5. In Sec. 622.193, paragraphs (e)(2) and (f)(2)(i) and (ii) are
revised to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(e) * * *
(2) Recreational sector. The recreational ACL for black sea bass is
876,254 lb (397,462 kg), gutted weight, 1,033,980 lb (469,005 kg),
round weight for the 2013-2014, 2014-2015, and 2015-2016 fishing years
and 848,455 lb (384,853 kg), gutted weight, 1,001,177 lb (454,126 kg),
round weight for the 2016-2017 fishing year and subsequent fishing
years. NMFS will project the length of the recreational fishing season
based on when NMFS projects the recreational ACL specified in this
paragraph is expected to be met and announce the recreational fishing
[[Page 66323]]
season end date in the Federal Register prior to the start of the
recreational fishing year on April 1. On and after the effective date
of the recreational closure notification, the bag and possession limit
for black sea bass in or from the South Atlantic EEZ is zero. This bag
and possession limit applies in the South Atlantic on board a vessel
for which a valid Federal charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to where such
species were harvested, i.e. in state or Federal waters.
* * * * *
(f) * * *
(2) Recreational sector. (i) If recreational landings, as estimated
by the SRD, reach or are projected to reach the applicable recreational
ACL specified in paragraph (f)(2)(iv) of this section the AA will file
a notification with the Office of the Federal Register to close the
recreational sector for vermilion snapper for the remainder of the
fishing year. On and after the effective date of such notification, the
bag and possession limit for vermilion snapper in or from the South
Atlantic EEZ is zero. This bag and possession limit also applies in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such species were harvested,
i.e., in state or Federal waters.
(ii) If the combined vermilion snapper commercial and recreational
landings exceed the combined vermilion snapper ACLs specified in
paragraphs (f)(1) and (f)(2)(iv) of this section, and vermilion snapper
are overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the Office of
the Federal Register, at or near the beginning of the following fishing
year to reduce the recreational ACL for that following year by the
amount of the recreational overage in the prior fishing year.
* * * * *
[FR Doc. 2014-26501 Filed 11-6-14; 8:45 am]
BILLING CODE 3510-22-P