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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations 49183

(7) Unit 2: Black Knolls Unit, Mohave sustainable levels according to the best be met. The ACLs and AMs for all other County, Arizona. Map of Unit 2 is scientific information available. SASWG species would remain provided at paragraph (6) of this entry. DATES: This rule is effective September unchanged. This rule also reduces the * * * * * 12, 2013. gag commercial ACL from 353,940 lb (160,544 kg), gutted , to 326,722 Dated: August 1, 2013. ADDRESSES: Electronic copies of Regulatory Amendment 15, which lb (148,199 kg), gutted weight, to Rachel Jacobson, account for projected gag discard Principal Deputy Assistant Secretary for Fish includes an environmental assessment and a regulatory impact review, may be mortality from commercial trips that and Wildlife and Parks. target co-occurring species (i.e., red [FR Doc. 2013–19385 Filed 8–12–13; 8:45 am] obtained from the Southeast Regional Office Web site at http:// and scamp) during a gag BILLING CODE 4310–55–C sero.nmfs.noaa.gov/sf/pdfs/ closure. SGRegAmend15.pdf. Other Changes to Codified Text DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Rick This rule makes several changes to the DeVictor, Southeast Regional Office, regulatory text in 50 CFR part 622 that National Oceanic and Atmospheric telephone: 727–824–5305, or email: are administrative in nature and Administration [email protected]. unrelated to Regulatory Amendment 15. In two paragraphs within § 622.183, 50 CFR Part 622 SUPPLEMENTARY INFORMATION: The snapper-grouper of the South ‘‘fishery’’ is changed to ‘‘sector’’ to [Docket No. 120924488–3671–02] Atlantic, which includes yellowtail clarify that it is a commercial sector or recreational sector within a specific RIN 0648–BC60 snapper and SASWG species (i.e., gag, black grouper, red grouper, scamp, red fishery and to be consistent with other of the , Gulf of hind, rock hind, yellowmouth grouper, regulations in part 622. , and South Atlantic; Snapper- yellowfin grouper, graysby, and coney), Black grouper and red grouper are Grouper Fishery Off the Southern is managed under the FMP. The FMP removed from the heading of Atlantic States; Regulatory was prepared by the Council and is § 622.190(c)(1), restrictions applicable Amendment 15 implemented through regulations at 50 after a commercial quota closure, CFR part 622 under the authority of the because black grouper and red grouper AGENCY: National Marine Fisheries Magnuson-Stevens Fishery no longer have quotas, only ACLs and Service (NMFS), National Oceanic and Conservation and Management Act AMs. Atmospheric Administration (NOAA), (Magnuson-Stevens Act). In several paragraphs within Commerce. On May 24, 2013, NMFS published a § 622.193, ‘‘fishery’’ is changed to ACTION: Final rule. proposed rule for Regulatory ‘‘sector’’, for clarification and Amendment 15 and requested public consistency purposes. Also in § 622.193, SUMMARY: NMFS implements the specific years for evaluating the management measures described in a comments (78 FR 31511). The proposed rule and the regulatory amendment recreational landings relative to the ACL regulatory amendment (Regulatory are removed from the regulatory text Amendment 15) to the Fishery outline the rationale for the actions contained in this final rule. A summary because these years will keep changing. Management Plan for the Snapper- Instead, more general language is Grouper Fishery of the South Atlantic of the actions implemented by this final rule are provided below. included in the regulatory text, Region (FMP), as prepared by the South specifically referring to a multi-year Atlantic Fishery Management Council Management Measures Contained in average of landings, as described in the (Council). This final rule increases the This Final Rule FMP. In addition, closure provisions are commercial and recreational ACLs for This rule implements management included in the regulatory text for yellowtail snapper, decreases the measures affecting yellowtail snapper, snowy grouper when the recreational commercial ACL for gag, and revises the gag, and other SASWG harvested in or post-season AM is implemented, accountability measure (AM) for gag by from the South Atlantic EEZ. because these closure provisions were removing the requirement that all other inadvertently not included in the final South Atlantic shallow-water grouper Yellowtail Snapper rule to implement the Comprehensive (SASWG) are prohibited from harvest This rule increases the commercial ACL Amendment. when the gag commercial ACL is met or ACL, recreational ACL, and recreational In Table 4 of Appendix A to Part 622, projected to be met. In addition, ACT for yellowtail snapper. The ‘‘Grass porgy, Calamus arctifrons’’ is Regulatory Amendment 15 revises the commercial ACL increases from removed from the table because this optimum yield (OY) for yellowtail 1,142,589 lb (518,270 kg), round weight, species was removed from the South snapper and increases the recreational to 1,596,510 lb (725,686 kg), round Atlantic snapper-grouper fishery annual catch target (ACT) for yellowtail weight. The recreational ACL increases management unit in the Comprehensive snapper harvested in or from the South from 1,031,286 lb (467,783 kg), round ACL Amendment; however, it was Atlantic exclusive economic zone (EEZ). weight, to 1,440,990 lb (653,622 kg), inadvertently not removed from the This final rule also includes several round weight. The recreational ACT regulations during implementation of administrative changes to regulatory increases from 897,160 lb (406,945 kg), that amendment. text, which are unrelated to the round weight, to 1,253,661 lb (568,651 Comments and Responses measures contained in Regulatory kg), round weight. Amendment 15. The purpose of A total of 14 comments were received Regulatory Amendment 15 and this Gag and Other South Atlantic Shallow- on the proposed rule for Regulatory final rule is to provide socio-economic Water Grouper Amendment 15 from individuals, benefits to snapper-grouper fishermen This rule modifies the commercial fishermen, and two associations. and communities that utilize the AM for gag so that only the commercial Nine commenters supported the actions snapper-grouper resource, while sector for gag closes when the gag in the amendment and the proposed maintaining fishing mortality at commercial ACL is met or projected to rule. A Federal agency stated that the

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agency had no comments. Specific Currently, gag harvest is prohibited once July 22, 2013 (78 FR 37398). The rule comments related to the actions the ACL is projected to be met, but gag increased the size standard for Finfish contained in Regulatory Amendment 15 continue to be caught after the closure Fishing from $4.0 to $19.0 million, and the proposed rule, and NMFS’ and they are released. The most recent Shellfish Fishing from $4.0 to $5.0 respective responses are summarized estimated that 60 million, and Other Marine Fishing from below. percent of released gag in the South $4.0 to $7.0 million. Pursuant to the Comment 1: One commenter stated Atlantic survive. A 50-lb (23-kg) Regulatory Flexibility Act, and prior to that to protect shallow-water grouper allowance would result in the complete SBA’s June 20, 2013, final rule, a species, fishery managers should mortality of all gag caught after the ACL certification was developed for this remove the January through April 4- is met, assuming that all encountered action using SBA’s former size month seasonal closure and instead fish up to the trip limit are retained, and standards. Subsequent to the June 20, implement closures in March, April, would then require a reduction in the 2013, rule, NMFS has reviewed the July, and August until the quota is 1,000-lb (454-kg) commercial certification prepared for this action in reached. The commenter indicated that trip limit to avoid a gag closure earlier light of the new size standards. Under shallow-water are susceptible in the season. the former, lower size standards, all to harvest by spearfishing as cold Comment 3: One commenter stated entities subject to this action were water in July and August that yellowtail snapper should be considered small entities, thus they all incapacitates the fish. prohibited for several years as he would continue to be considered small Response: The January through April thought the stock was overfished. under the new standards. NMFS has prohibition on the harvest and Response: The stock assessment determined that the new size standards possession of shallow-water groupers completed for yellowtail snapper in do not affect the analyses prepared for was implemented in 2009 to protect gag May 2012 determined that the stock is this action. and other spawning groupers. Many not overfished nor undergoing groupers are known to begin spawning . The assessment results No comments were received regarding in December, with the spawning season suggest yellowtail snapper catch levels the certification and NMFS has not extending through at least April. Gag could be increased to achieve OY for the received any new information that and other shallow-water grouper species fishery without jeopardizing the health would affect its determination. No are slow growing, long-lived species of the population. Both the Gulf of changes to the final rule were made in that change sex from female to male Mexico and South Atlantic Councils’ response to public comments. As a later in life, and form spawning Scientific and Statistical Committees’ result, a regulatory flexibility analysis aggregations at locations known to reviewed the assessment in October was not required and none was fishermen. Removing the prohibition in 2012 and determined the assessment to prepared. January and February was not be based upon the best scientific List of Subjects in 50 CFR Part 622 considered in Regulatory Amendment information available, and the Councils 15 because it would remove protections reviewed the assessment and accepted Fisheries, Fishing, Gag, Shallow- at a time when groupers are particularly the results. In addition, the NMFS’ Water Grouper, South Atlantic, vulnerable to fishing gear. NMFS Southeast Center Yellowtail snapper. recognizes that sporadic cold, upwelling reviewed the proposed actions in Dated: August 7, 2013. water events may increase the Regulatory Amendment 15 and certified Alan D. Risenhoover, vulnerability of gag and other shallow- the actions to be based upon the best Director, Office of Sustainable Fisheries, water groupers to spearfishing . scientific information available. performing the functions and duties of the However, the protection of spawning Deputy Assistant Administrator for fish during January through April is Classification Regulatory Programs, National Marine paramount to preventing harvest during The Regional Administrator, Fisheries Service. upwelling events as fishing on Southeast Region, NMFS has For the reasons set out in the spawning aggregations can affect the determined that the actions contained in preamble, 50 CFR part 622 is amended population age structure and sex ratio this final rule and Regulatory as follows: by removing the larger, older males and Amendment 15 are necessary for the by disrupting spawning aggregations conservation and management of the PART 622—FISHERIES OF THE that form at specific times and locations. snapper-grouper fishery and are CARIBBEAN, GULF OF MEXICO, AND Comment 2: A commercial consistent with the FMP, the Magnuson- SOUTH ATLANTIC favored a 50-lb (23-kg) bycatch Stevens Act and other applicable laws. allowance for gag after the commercial This final rule has been determined to ■ 1. The authority citation for part 622 quota is reached instead of reducing the be not significant for purposes of continues to read as follows: gag quota by 27,218 lb (12,346 kg), as Executive Order 12866. proposed in Regulatory Amendment 15. The Chief Counsel for Regulation of Authority: 16 U.S.C. 1801 et seq. The commenter stated that the bycatch the Department of Commerce certified ■ 2. In § 622.183, the heading of allowance would be low enough to keep to the Chief Counsel for Advocacy of the paragraph (b)(1) is revised to read as fishermen from targeting gag, allow SBA during the proposed rule stage that follows: fishermen to keep those that are caught this action would not have a significant while targeting other species, and would economic impact on a substantial § 622.183 Area and seasonal closures. increase profits to commercial number of small entities. The factual * * * * * fisherman. basis for this certification was published (b) * * * Response: The Council did not in the proposed rule and is not repeated consider a specific bycatch allowance here. (1) Seasonal closure of the for gag in Regulatory Amendment 15 On June 20, 2013, the Small Business commercial and recreational sectors for because the Council and NMFS reduced Administration (SBA) issued a final rule gag and associated grouper species. the commercial ACL for gag to account revising the small business size *** for bycatch after the quota is met. standards for several industries effective * * * * *

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■ 3. In § 622.190, paragraph (a)(7) and the commercial sector for gag for the recreational landings will be monitored the heading of paragraph (c)(1) are remainder of the fishing year. for a persistence in increased landings revised to read as follows: (2) Recreational sector. (i) If and, if necessary, the AA will file a recreational landings, as estimated by notification with the Office of the § 622.190 Quotas. the SRD, reach or are projected to reach Federal Register, to reduce the length of * * * * * the recreational ACL of 340,060 lb the following season (a) * * * (154,249 kg), gutted weight, and gag are by the amount necessary to ensure (7) Gag—326,722 lb (148,199 kg). overfished, based on the most recent recreational landings do not exceed the * * * * * Status of U.S. Fisheries Report to recreational ACL in the following (c) * * * Congress, the AA will file a notification fishing year. * * * (1) South Atlantic gag, greater with the Office of the Federal Register * * * * * amberjack, snowy grouper, golden to close the gag recreational sector for ■ 5. In Appendix A to part 622, Table tilefish, vermilion snapper, black sea the remainder of the fishing year. On 4 is revised to read as follows: and after the effective date of such bass, red porgy, and wreckfish. *** Appendix A to Part 622—Species * * * * * notification, the bag and possession limit for gag in or from the South Tables ■ 4. In § 622.193, paragraphs (b), (c), Atlantic EEZ is zero. This bag and paragraph (n)(1)(i) and the first sentence * * * * * possession limit also applies in the in paragraph (n)(2) are revised to read as Table 4 of Appendix A to Part 622—South South Atlantic on board a vessel for follows: Atlantic Snapper-Grouper which a valid Federal commercial or Balistidae—Triggerfishes § 622.193 Annual catch limits (ACLs), charter vessel/headboat permit for Gray triggerfish, Balistes capriscus annual catch targets (ACTs), and South Atlantic snapper-grouper has Carangidae—Jacks accountability measures (AMs). been issued, without regard to where Blue runner, Caranx bartholomaei * * * * * such species were harvested, i.e., in Bar jack, Caranx ruber state or Federal waters. Greater amberjack, Seriola dumerili (b) Snowy grouper—(1) Commercial Lesser amberjack, Seriola fasciata sector. If commercial landings, as (ii) Without regard to overfished Almaco jack, Seriola rivoliana estimated by the SRD, reach or are status, if gag recreational landings Banded rudderfish, Seriola zonata projected to reach the quota specified in exceed the ACL, the AA will file a Ephippidae—Spadefishes § 622.190(a)(1), the AA will file a notification with the Office of the Spadefish, Chaetodipterus faber notification with the Office of the Federal Register, at or near the Haemulidae—Grunts Federal Register to close the commercial beginning of the following fishing year, Margate, Haemulon album Tomtate, Haemulon aurolineatum sector for snowy grouper for the to reduce the ACL for that fishing year by the amount of the overage. Sailor’s choice, Haemulon parrai remainder of the fishing year. White grunt, Haemulon plumieri (2) Recreational sector. If recreational (iii) Recreational landings will be Labridae—Wrasses landings, as estimated by the SRD, evaluated relative to the ACL based on Hogfish, Lachnolaimus maximus exceed the recreational ACL of 523 fish, a moving multi-year average of landings, Lutjanidae—Snappers the AA will file a notification with the as described in the FMP. Black snapper, Apsilus dentatus Office of the Federal Register, at or near * * * * * Queen snapper, Etelis oculatus the beginning of the following fishing (n) * * * Mutton snapper, Lutjanus analis (1) * * * Blackfin snapper, Lutjanus buccanella year, to reduce the length of the Red snapper, Lutjanus campechanus following recreational fishing season by (i) If commercial landings for Cubera snapper, Lutjanus cyanopterus the amount necessary to ensure yellowtail snapper, as estimated by the Gray snapper, Lutjanus griseus recreational landings do not exceed the SRD, reach or are projected to reach the Mahogany snapper, Lutjanus mahogoni recreational ACL in the following commercial ACL of 1,596,510 lb Dog snapper, Lutjanus jocu fishing year. When NMFS reduces the (724,165 kg), round weight, the AA will Lane snapper, Lutjanus synagris length of the following recreational file a notification with the Office of the Silk snapper, Lutjanus vivanus fishing season, the following closure Federal Register to close the commercial Yellowtail snapper, Ocyurus chrysurus sector for the remainder of the fishing Vermilion snapper, Rhomboplites provisions apply: the bag and aurorubens possession limit for snowy grouper in or year. On and after the effective date of Malacanthidae—Tilefishes from the South Atlantic EEZ is zero. such a notification, all sale or purchase Blueline tilefish, Caulolatilus microps This bag and possession limit also of yellowtail snapper is prohibited and Golden tilefish, Lopholatilus applies in the South Atlantic on board harvest or possession of this species in chamaeleonticeps a vessel for which a valid Federal or from the South Atlantic EEZ is Sand tilefish, Malacanthus plumieri commercial or charter vessel/headboat limited to the bag and possession limit. Percichthyidae—Temperate basses permit for South Atlantic snapper- This bag and possession limit applies in Wreckfish, Polyprion americanus the South Atlantic on board a vessel for Serranidae—Groupers grouper has been issued, without regard Rock hind, Epinephelus adscensionis to where such species were harvested, which a valid Federal charter vessel/ Graysby, Epinephelus cruentatus i.e., in state or Federal waters. headboat permit for South Atlantic Speckled hind, Epinephelus Recreational landings will be evaluated snapper-grouper has been issued, drummondhayi relative to the ACL based on a moving without regard to where such species Yellowedge grouper, Epinephelus multi-year average of landings, as were harvested, i.e., in state or Federal flavolimbatus described in the FMP. waters. Coney, Epinephelus fulvus (c) Gag—(1) Commercial sector. If * * * * * Red hind, Epinephelus guttatus Goliath grouper, Epinephelus itajara commercial landings, as estimated by (2) * * * If recreational landings for Red grouper, Epinephelus morio the SRD, reach or are projected to reach yellowtail snapper, as estimated by the Misty grouper, Epinephelus mystacinus the quota specified in § 622.190(a)(7), SRD, exceed the recreational ACL of Warsaw grouper, Epinephelus nigritus the AA will file a notification with the 1,440,990 lb (653,622 kg), round weight, Snowy grouper, Epinephelus niveatus Office of the Federal Register to close then during the following fishing year, , Epinephelus striatus

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Black grouper, Mycteroperca bonaci (IFQ) system. consistent with the terminology used in Yellowmouth grouper, Mycteroperca The new tilefish IFQ program became rest of that regulatory paragraph. The interstitialis effective November 1, 2009. After 3 introductory text on IFQ transfer Gag, Mycteroperca microlepis years of operation, it has become applications has been adjusted to more Scamp, Mycteroperca phenax apparent that some of the implementing Yellowfin grouper, Mycteroperca venenosa clearly explain why applications for Serranidae—Sea Basses regulations need to be clarified, permanent transfers are due before Black sea bass, Centropristis striata corrected, or modified to better reflect September 1, while applications for Sparidae—Porgies the intent of Amendment 1. temporary transfers are due before Jolthead porgy, Calamus bajonado On March 28, 2013, NMFS published October 10. Saucereye porgy, Calamus calamus a proposed rule in the Federal Register Whitebone porgy, Calamus leucosteus (78 FR 18947) proposing several minor Comments and Responses Knobbed porgy, Calamus nodosus corrections, clarifications, and Red porgy, Pagrus pagrus modifications to the regulations NMFS received no comments on the Scup, Stenotomus chrysops implementing Amendment 1. proposed rule. The following species are designated as Comments on the proposed rule were ecosystem component species: Classification Cottonwick, Haemulon melanurum accepted through April 29, 2013. No Bank sea bass, Centropristis ocyurus comments were received on the The Administrator, Northeast Region, Rock sea bass, Centropristis philadelphica measures, and the measures, as NMFS, determined that this final rule is Longspine porgy, Stenotomus caprinus proposed, are implemented by this final necessary for the management of the Ocean triggerfish, Canthidermis sufflamen rule. tilefish fishery and that it is consistent Schoolmaster, Lutjanus apodus The purpose of this action is to with the Tilefish FMP, the Magnuson- * * * * * clarify, correct, and/or modify certain Stevens Fishery Conservation and [FR Doc. 2013–19605 Filed 8–12–13; 8:45 am] provisions of the tilefish IFQ program’s Management Act, and other applicable BILLING CODE 3510–22–P implementing regulations to clarify law. potentially confusing regulatory This final rule has been determined to language, and to better reflect the intent be not significant for purposes of DEPARTMENT OF COMMERCE of Amendment 1 and current practices under the tilefish IFQ program. Executive Order 12866. National Oceanic and Atmospheric Specifically, this action (1) Clarifies the The Chief Counsel for Regulation of Administration two aspects of tilefish IFQ allocation by the Department of Commerce certified differentiating between quota share and to the Chief Counsel for Advocacy of the 50 CFR Part 648 quota pounds, and removes suggestions Small Business Administration during [Docket No. 120416018–3679–02] that either are ‘‘owned’’ or the proposed rule stage that this action ‘‘permanent;’’ (2) specifies in the would not have a significant economic RIN 0648–BC05 regulations that tilefish landings may be impact on a substantial number of small reported through the Interactive Voice entities. The factual basis for the Fisheries of the Northeastern United Response system, or through another certification was published in the States; Tilefish Fishery Management system approved by the NMFS proposed rule and is not repeated here. Plan; Regulatory Amendment, Northeast Regional Administrator, to No comments were received regarding Corrections, and Clarifications allow for the future development of an this certification. As a result, a AGENCY: National Marine Fisheries online reporting option; (3) corrects regulatory flexibility analysis was not Service (NMFS), National Oceanic and cross-references within the regulations required and none was prepared. pertaining to the Research Set-Aside Atmospheric Administration (NOAA), On June 20, 2013, the Small Business Program; (4) revises language and cross- Commerce. Administration (SBA) issued a final rule references in the regulations to clarify ACTION: Final rule. that permanent resident aliens are revising the small business size allowed to hold a tilefish IFQ allocation standards for several industries effective SUMMARY: This action makes July 22, 2013 (78 FR 37398). The rule corrections, clarifications, and other permit, as specified in Amendment 1; (5) modifies the regulations to extend increased the size standard for Finfish modifications to the regulations that Fishing from $4.0 to $19.0 million, implemented the Tilefish Individual the deadline for quota pound transfers from September 1 to October 10 of each Shellfish Fishing from $4.0 to $5.0 Fishing Quota Program. These changes million, and Other Marine Fishing from will not affect the fishing operation of fishing year; and (6) modifies the regulations governing the cost recovery $4.0 to $7.0 million. Pursuant to the any vessel. Regulatory Flexibility Act, and prior to DATES: Effective September 12, 2013. fee collection system to reflect current fee collection practices and the intent of SBA’s June 20, 2013, final rule, a FOR FURTHER INFORMATION CONTACT: Amendment 1 to ensure clear and certification was developed for this Douglas Potts, Fishery Policy Analyst, efficient collection of the required cost- action using SBA’s former size phone (978) 281–9341, fax (978) 281– recovery fees. Additional detail and standards. Subsequent to the June 20, 9135. explanation regarding the reason for 2013, rule, NMFS has reviewed the SUPPLEMENTARY INFORMATION: these changes are provided in the certification prepared for this action in proposed rule and are not repeated here. light of the new size standards. Under Background the former, lower size standards, all On August 24, 2009, NMFS published Changes From the Proposed Rule entities subject to this action were a final rule (74 FR 42580) to implement The proposed regulatory text considered small entities, thus they all provisions of Amendment 1 to the regarding IFQ transfer applications would continue to be considered small Tilefish Fishery Management Plan inadvertently used the less specific term under the new standards. NMFS has (FMP) (Amendment 1). Amendment 1 ‘‘catch share.’’ The regulatory language determined that the new size standards included a new structure for managing has been corrected to use the more do not affect the analyses prepared for the commercial tilefish fishery using an appropriate term ‘‘quota share,’’ this action.

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