80_FR_75663 80 FR 75432 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures

80 FR 75432 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 231 (December 2, 2015)

Page Range75432-75436
FR Document2015-30543

NMFS issues regulations to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule revises the commercial and recreational annual catch limits (ACLs) and annual catch targets (ACTs), the commercial trip limit, and the recreational minimum size limit for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone. Additionally, this rule corrects an error in the Gulf gray triggerfish recreational accountability measures (AMs). The purpose of this rule is to modify Gulf greater amberjack management measures to end overfishing and achieve optimal yield for the greater amberjack resource.

Federal Register, Volume 80 Issue 231 (Wednesday, December 2, 2015)
[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Rules and Regulations]
[Pages 75432-75436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 150817720-5999-02]
RIN 0648-BF21


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack Management 
Measures

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

ACTION: Final rule.

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

SUMMARY: NMFS issues regulations to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
revises the commercial and recreational annual catch limits (ACLs) and 
annual catch targets (ACTs), the commercial trip limit, and the 
recreational minimum size limit for greater amberjack in the Gulf of 
Mexico (Gulf) exclusive economic zone. Additionally, this rule corrects 
an error in the Gulf gray triggerfish recreational accountability 
measures (AMs). The purpose of this rule is to modify Gulf greater 
amberjack management measures to end

[[Page 75433]]

overfishing and achieve optimal yield for the greater amberjack 
resource.

DATES: This rule is effective January 4, 2016.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis may be obtained from the Southeast 
Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2015/greater_amberjack_framework/index.html.

FOR FURTHER INFORMATION CONTACT: Richard Malinowski, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery 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 September 17, 2015, NMFS published a proposed rule for the 
framework action and requested public comment (80 FR 55821). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework action and implemented by this 
final rule is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs and 
ACTs (which are expressed as quotas in the regulatory text), the 
commercial trip limit, and the recreational minimum size limit for 
greater amberjack in the Gulf.

Commercial and Recreational ACLs and ACTs

    This final rule revises the commercial and recreational ACLs and 
ACTs for Gulf greater amberjack. All ACL and ACT weights are described 
in pounds (lb) round weight. The current sector allocation for the 
greater amberjack stock ACL of 27 percent for the commercial sector and 
73 percent for the recreational sector does not change through this 
framework action. The commercial ACL is set at 464,400 lb (210,648 kg) 
and the commercial ACT is set at 394,740 lb (179,051 kg). The 
recreational ACL is set at 1,255,600 lb (569,531 kg) and the 
recreational ACT is set at 1,092,372 lb (495,492 kg).

Commercial Trip Limit

    This final rule revises the commercial trip limit to 1,500 lb (680 
kg), gutted weight; 1,560 lb (708 kg), round weight. The Council 
determined that this trip limit would further reduce the likelihood of 
exceeding the commercial ACL and ACT and could extend the length of the 
commercial fishing season.

Recreational Minimum Size Limit

    This rule revises the greater amberjack recreational minimum size 
limit to 34 inches (86.4 cm), fork length. The Council determined that 
this increased recreational minimum size limit would provide an 
opportunity for a greater number of sexually mature greater amberjack 
to spawn, which could assist in Council efforts to end overfishing and 
rebuild the stock.

Other Actions Contained in the Framework Action

    In addition to the measures being implemented in this rule, the 
framework action revises the greater amberjack acceptable biological 
catch (ABC) and overfishing limit (OFL). All ABC and OFL weights are 
described in pounds (lb) round weight. This framework action revises 
the ABC and OFL for 4 years, beginning in 2015. The ABC, which is equal 
to the stock ACL is set at 1,720,000 lb (780,179 kg). The OFL is set at 
2,660,000 lb (1,206,556 kg) for 2015; 3,210,000 lb (1,456,032 kg) for 
2016; 3,420,000 lb (1,551,286 kg) for 2017; and 3,510,000 lb (1,592,109 
kg) for 2018, and subsequent years.

Additional Proposed Changes to Codified Text

    In Amendment 37 to the FMP, an in-season AM was implemented for 
gray triggerfish (which is based on a single season of landings data), 
so the recreational sector closes when the recreational ACT is reached 
or projected to be reached (78 FR 27084, May 9, 2013). However, during 
the implementation of Amendment 37, the last sentence in Sec.  
622.41(b)(2)(iii), which states that ``Recreational landings will be 
evaluated relative to the ACL based on a moving multi-year average of 
landings, as described in the FMP,'' was not removed. NMFS has only 
recently noticed this error. This rule corrects this error by removing 
this sentence. The recreational ACL and ACT for gray triggerfish 
implemented in Amendment 37 to the FMP remains unchanged.

Comments and Responses

    NMFS received 12 comment submissions on the framework action and 
the proposed rule from individuals, the charter vessel and headboat 
industry, and non-governmental organizations. The comments that oppose 
one or more of the management measures in the framework action and the 
proposed rule are categorized into the comments summarized and 
responded to below.
    Comment 1: The greater amberjack minimum size limit should not be 
revised, or if revised, should instead be set to 32 inches (81 cm), 
fork length. Further, enforcement of the current size limit should be 
increased because under-sized greater amberjack are already observed 
after fishing trips.
    Response: NMFS disagrees. The 2014 greater amberjack stock 
assessment indicated that the stock continues to be overfished and 
undergoing overfishing. The Council determined, and NMFS agrees, that 
increasing the minimum size limit from 30 inches (76 cm), fork length, 
to 34 inches (86 cm), fork length, will help end overfishing and 
rebuild the stock.
    As described in the framework action, studies have found that at a 
size limit of 34 inches (86 cm), 85 percent of greater amberjack 
females reach sexually maturity. However, at the status quo size limit 
of 30 inches (76 cm) only 11 percent of females reach sexual maturity 
and at a size limit of 32 inches (81 cm), only 45 percent of females 
reach sexual maturity. A minimum size limit that is less than the 
revised 34 inch (86 cm) size limit would allow for a much greater 
number of greater amberjack to be retained that have not reached sexual 
maturity, which will lessen the effectiveness of measures being 
implemented to end overfishing of the stock.
    With respect to enforcement, the NMFS Office of Law Enforcement 
(OLE) is committed to continuing to monitor reef fish harvest and 
increase awareness and compliance with regulations. Its Enforcement 
Officer Program is being expanded to better address compliance 
assistance and fisheries monitoring. Additionally, OLE Enforcement 
Officers work with state partners providing inspection services for 
enforcement of Federal regulations through the Joint Enforcement 
Agreement to better monitor landings.
    Comment 2: Instead of increasing the greater amberjack recreational 
minimum size limit, the current June through July greater amberjack 
recreational closed season should be extended to include August and 
September each year. This change to the recreational closed season 
would work to end overfishing of greater amberjack better than a change 
to the size limit.
    Response: NMFS disagrees. Extending the recreational closed season 
into the

[[Page 75434]]

months of August and September would be expected to result in a longer 
opportunity to fish during the rest of the recreational fishing season. 
However, increasing the length of the recreational closed season would 
not provide greater benefit to the stock than increasing recreational 
minimum size limit. The increase of the recreational minimum size limit 
to 34 inches (86 cm) is expected to better allow a greater percentage 
(85 percent) of the sexually mature females to spawn, which will work 
towards reducing the risk of overfishing of the stock. The Council did 
consider revising the recreational closed season in this framework 
action but decided to retain the current closed season of June 1 
through July 31.
    Comment 3: Greater amberjack has failed to meet its rebuilding plan 
deadline and is currently without a rebuilding plan, despite its status 
as being overfished and undergoing overfishing. NMFS and the Council 
must formalize a rebuilding plan to comply with the Magnuson-Stevens 
Act and give Gulf greater amberjack rebuilding the greatest likelihood 
of success.
    Response: NMFS disagrees that greater amberjack is without a 
rebuilding plan. As explained in the proposed rule, a greater amberjack 
rebuilding plan was implemented in 2003 with a rebuilding target of 
2012. In August 2014, pursuant to section 304(e)(2) of the Magnuson-
Stevens Act, NMFS notified the Council of the 2014 stock assessment 
results that indicated that the greater amberjack stock continued to be 
overfished and undergoing overfishing. Following that notification, the 
Council was required under section 304(e)(3) of the Magnuson-Stevens 
Act to prepare a plan amendment or regulations within 2 years to end 
overfishing immediately and rebuild the greater amberjack stock.
    Although the Council did not explicitly discuss its obligations 
under section 304(e)(3) of the Magnuson-Stevens Act, the framework 
action and this final rule fulfill the Council's responsibility to 
``prepare and implement a fishery management plan, plan amendment, or 
proposed regulations for the fishery'' under that provision. Consistent 
with the requirements of sections 304(e)(3) and (4) of the Magnuson-
Stevens Act, the framework action and this final rule are projected to 
end overfishing immediately and rebuild the stock in as short a time as 
possible, taking into account the needs of fishing communities. The 
specified time for rebuilding is 4 years, well below the maximum time 
of 10 years specified in section 304(4)(A)(ii) of the Magnuson-Stevens 
Act.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the conservation and management 
of Gulf greater amberjack and is consistent with the framework action, 
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 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.
    In compliance with section 604 of the RFA, NMFS prepared a final 
regulatory flexibility analysis (FRFA) for this final rule. The FRFA 
follows.
    No public comments specific to the initial regulatory flexibility 
analysis were received and, therefore, no public comments are addressed 
in this FRFA.
    NMFS agrees that the Council's choice of preferred alternatives 
will best achieve the Council's objectives for the framework action 
while minimizing, to the extent practicable, the adverse effects on 
fishers, support industries, and associated communities. The preamble 
to the final rule provides a statement of the need for and objectives 
of this rule.
    NMFS expects this final rule to directly affect all commercial 
vessels that harvest Gulf greater amberjack under the FMP. Changes to 
recreational ACLs, ACTs, and minimum size limits in this final rule 
will not directly apply to or regulate charter vessel and headboat 
(for-hire) businesses. Any impact to the profitability or 
competitiveness of for-hire fishing businesses will be the result of 
changes in for-hire angler demand and will therefore be indirect in 
nature. The RFA does not consider recreational anglers, who will be 
directly affected by this final rule, to be small entities, so they are 
outside the scope of this analysis and only the effects on commercial 
vessels were analyzed.
    As of March 25, 2015, there were 863 vessels with valid or 
renewable Gulf reef fish commercial vessel Federal permits. On average 
(2009 through 2013), 211 vessels commercially landed greater amberjack 
each year from Gulf Federal waters. Their average annual vessel-level 
revenue for 2009 through 2013 was approximately $130,000 (2013 
dollars), of which $2,400 was from greater amberjack.
    No other small entities that will be directly affected by this 
final rule have been identified.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S., including 
commercial finfish harvesters (NAICS code 114111). A business primarily 
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 has combined annual receipts 
not in excess of $20.5 million for all its affiliated operations 
worldwide. All of the vessels directly regulated by this rule are 
believed to be small entities based on the SBA size criteria.
    Because all entities expected to be affected by this final 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.
    This final rule reduces the greater amberjack commercial ACT by 3.5 
percent or 14,260 lb (6,468 kg), round weight, from 409,000 lb (185,519 
kg) to 394,740 lb (179,051 kg), round weight. Additionally, this final 
rule reduces the greater amberjack commercial trip limit from 2,000 lb 
(907 kg), round weight, to 1,560 lb (708 kg), round weight; 1,500 lb 
(680 kg), gutted weight. On its own, the reduction in the commercial 
ACT would be expected to result in a shorter fishing season and fewer 
commercial trips that harvest greater amberjack. Conversely, the 
reduced commercial trip limit would be expected to increase the 
commercial fishing season length and the overall number of trips 
necessary to harvest the entire commercial ACT. When the actions to 
reduce the commercial ACT and trip limit are analyzed together, the 
expected recurring annual reduction in total ex-vessel revenue from 
this final rule is estimated to be $20,703 (2013 dollars), assuming 
there is no substitution of other species and no change in effort, 
harvest rates, or prices. In addition, the commercial season length is 
predicted to be 5 days longer under the preferred commercial ACT and 
trip limit alternatives than under the no action alternatives for these 
actions. Assuming the reduction in greater amberjack revenues is 
distributed evenly across the average number of vessels that 
commercially harvest greater amberjack per year (211 vessels), the 
annual per-vessel loss is estimated to be $98 (2013 dollars), or less 
than 1 percent of the

[[Page 75435]]

average annual revenue earned by these vessels for all species 
harvested. Because this estimate is based on average performance, some 
vessels may be affected differently than others, depending on their 
overall catch composition, landing capacity, and fishing behavior.
    Thirty vessels, on average per year (2009 through 2013), were 
identified that commercially landed greater amberjack in excess of the 
selected 1,500 lb (680 kg), gutted weight, trip limit on a single trip 
(14 percent of the average number of vessels that harvested greater 
amberjack each year). In 2013, the total weight of greater amberjack 
harvested in excess of 1,500 lb (680 kg), gutted weight, per trip, 
accounted for approximately 10 percent of total greater amberjack 
landings. Thus, for the 211 vessels that commercially harvest greater 
amberjack, the reduction in the commercial trip limit, assuming effort 
remains constant, is expected to reduce total commercial greater 
amberjack harvests by approximately 39,000 lb (17,690 kg), round 
weight, and $46,800 (2013 dollars) in total ex-vessel revenue annually. 
Averaged across the 30 vessels per year with trip harvests above 1,500 
lb (680 kg), gutted weight, this reduction equals approximately $1,560 
(2013 dollars) per vessel, or approximately 1 percent of their average 
annual revenue. These losses would be reduced if increased landings of 
other species can be substituted for greater amberjack landings or if 
new trips harvesting greater amberjack were to occur. It is assumed 
that the entire commercial ACT will be harvested under the preferred 
trip limit alternative. Therefore, if the trip limit change implemented 
by this final rule results in a decrease in greater amberjack landings 
and revenues for some vessels, it will result in an increase in greater 
amberjack landings and revenues for other vessels.
    The following discussion analyzes the alternatives that were not 
selected as preferred by the Council. Only the actions which contain 
alternatives that will have direct economic effects on small entities 
are included in the following discussion.
    Four alternatives were considered for the action to modify the 
commercial and recreational ACLs and ACTs for Gulf greater amberjack. 
The first alternative, the no action alternative, would not be expected 
to have any direct economic effects. This alternative was not selected 
because the stock ACL would exceed the ABC calculated by the most 
recent greater amberjack assessment and recommended by the Council's 
Scientific and Statistical Committee (SSC) and would, therefore, be 
inconsistent with the Magnuson-Stevens Act National Standard 1 
guidelines. The second alternative would set the stock ACL from 2015 
through 2018 equal to the ABC values recommended by the Council's SSC. 
This alternative included two sub-options. The first sub-option would 
use the Council's ACL/ACT control rule as established in the Generic 
ACL/AM Amendment (76 FR 82044, December 29, 2011), which would set the 
commercial ACT at a level reduced by 15 percent from the commercial ACL 
for greater amberjack and set the recreational ACT at a level reduced 
by 13 percent from the recreational ACL. The second sub-option would 
not use the ACL/ACT control rule and would instead apply a 20-percent 
buffer that would reduce both the recreational and commercial ACLs by 
20 percent to establish the recreational and commercial ACTs. This 
alternative would increase the stock ACL each year from 2015 through 
2018, which would be expected to result in greater economic benefits 
than the preferred alternative in the framework action. However, this 
alternative was not selected as preferred by the Council because the 
2014 stock assessment results indicated that the greater amberjack 
stock continued to be overfished and undergoing overfishing and the 
Council determined that maintaining the catch limit at the more 
conservative 2015 level was appropriate. The third alternative, the 
preferred alternative, sets a constant stock ACL equal to the 2015 ABC 
value recommended by the Council's SSC. The same two sub-options for 
setting the ACT that were considered for the second alternative were 
also considered for the third alternative. The first sub-option, 
selected as preferred by the Council, applies a 15-percent buffer to 
the commercial ACL to set the commercial ACT and applies a 13-percent 
buffer to the recreational ACL to set the recreational ACT. The second 
sub-option would not use the ACL/ACT control rule and instead would 
apply a 20-percent buffer that would reduce both the recreational and 
commercial ACLs by 20 percent to establish the recreational and 
commercial ACTs. The fourth alternative would set the stock ACL and 
stock ACT at zero. The fourth alternative would stop all directed 
harvest of greater amberjack by both sectors and would be expected to 
result in greater economic losses than the Council's preferred ACL/ACT 
alternative.
    Five alternatives were considered for the action to modify the 
greater amberjack commercial trip limit. The first alternative, the no 
action alternative, would maintain the current 2,000 lb (907 kg), round 
weight, trip limit and would not be expected to have any direct 
economic effects. The third, fourth, and fifth alternatives would have 
established 1,000 lb (454 kg), 750 lb (340 kg), and 500 lb (227 kg), 
gutted weight trip limits, respectively. Although these three 
alternatives would be expected to extend the commercial fishing season, 
they would increase the likelihood that trips are no longer profitable 
and decrease the likelihood that the entire commercial ACT would be 
harvested during the fishing year. Therefore, these three alternatives 
would be expected to result in greater economic losses to affected 
small entities than the preferred trip limit alternative.
    An item contained in this final rule that is not part of the 
framework action is the removal of the last sentence in Sec.  
622.41(b)(2)(iii), ``Recreational landings will be evaluated relative 
to the ACL based on a moving multi-year average of landings, as 
described in the FMP.'' This sentence, which pertains to the evaluation 
of recreational landings of gray triggerfish relative to the ACL, was 
inadvertently not removed in the final rule implementing Amendment 37 
to the FMP (78 FR 27084, May 9, 2013). The removal of this sentence 
will clarify the criteria used to trigger recreational AMs as written 
in the Federal regulations; however, it is not expected to have any 
effect on current management practices. This is because NMFS has 
managed gray triggerfish in accordance with the preferred alternatives 
specified in Amendment 37 since its implementation. Therefore, this is 
an administrative change only and is not expected to have any direct 
economic effects on small entities. As such, this component of the 
final rule is outside the scope of the RFA.
    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.' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this 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.

[[Page 75436]]

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Greater amberjack, Gulf, 
Recreational, Reef fish.

    Dated: November 25, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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.  622.37, revise paragraph (c)(4) to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (c) * * *
    (4) Greater amberjack--34 inches (86.4 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in Sec.  
622.38(b)(1) and 36 inches (91.4 cm), fork length, for a fish taken by 
a person not subject to the bag limit.
* * * * *


0
3. In Sec.  622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--394,740 lb (179,051 kg), round weight.
* * * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack is 1,092,372 lb (495,492 kg), round weight.
* * * * *


0
4. In Sec.  622.41, revise paragraphs (a)(1)(iii), (a)(2)(iii), and 
(b)(2)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack is 464,400 lb 
(210,648 kg), round weight.
    (2) * * *
    (iii) The recreational ACL for greater amberjack is 1,255,600 lb 
(569,531 kg), round weight.
    (b) * * *
    (2) * * *
    (iii) The recreational ACL for gray triggerfish is 241,200 lb 
(109,406 kg), round weight. The recreational ACT for gray triggerfish 
is 217,100 lb (98,475 kg), round weight.
* * * * *


0
5. In Sec.  622.43, revise paragraph (a) to read as follows:


Sec.  622.43  Commercial trip limits.

* * * * *
    (a) Gulf greater amberjack. Until the quota specified in Sec.  
622.39(a)(1)(v) is reached, 1,500 lb (680 kg), gutted weight; 1,560 lb 
(708 kg), round weight. See Sec.  622.39(b) for the limitations 
regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2015-30543 Filed 12-1-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                75432            Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations

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                                                   To request materials in accessible                       Nature and Extent of Confidentiality:              Fisheries of the Caribbean, Gulf of
                                                formats for people with disabilities                     Certain information collected on FCC                  Mexico, and South Atlantic; Reef Fish
                                                (Braille, large print, electronic files,                 Form 177 will be treated as confidential              Fishery of the Gulf of Mexico; Greater
                                                audio format), send an email to fcc504@                  for various periods of time during the                Amberjack Management Measures
                                                fcc.gov or call the Consumer and                         course of the broadcast incentive                     AGENCY:  National Marine Fisheries
                                                Governmental Affairs Bureau at (202)                     auction (BIA) pursuant to 47 U.S.C.                   Service (NMFS), National Oceanic and
                                                418–0530 (voice), (202) 418–0432                         1452(a)(3) and section 1.2206(b) of the               Atmospheric Administration (NOAA),
                                                (TTY).                                                   Commission’s rules, 47 CFR 1.2206(b).                 Commerce.
                                                Synopsis                                                 To the extent necessary, respondents                  ACTION: Final rule.
                                                                                                         may request confidential treatment of
                                                   As required by the Paperwork                          information collected on FCC Form 177                 SUMMARY:    NMFS issues regulations to
                                                Reduction Act of 1995 (44 U.S.C. 3507),                  that is not already being treated as                  implement management measures
                                                the Commission is notifying the public                   confidential pursuant to section 0.459 of             described in a framework action to the
                                                that it received emergency approval                      the Commission’s rules. See 47 CFR                    Fishery Management Plan for the Reef
                                                from OMB on November 19, 2015, for                       0.459.                                                Fish Resources of the Gulf of Mexico
                                                the information collection requirements                     Needs and Uses: In the Report and                  (FMP), as prepared by the Gulf of
                                                contained in the information collection                  Order, the Commission adopted a                       Mexico Fishery Management Council
                                                3060–1213.                                               requirement that entities interested in               (Council). This final rule revises the
                                                   Under 5 CFR part 1320, an agency                      participating in the reverse auction                  commercial and recreational annual
                                                may not conduct or sponsor a collection                  component of the BIA submit a pre-                    catch limits (ACLs) and annual catch
                                                of information unless it displays a                      auction application to establish their                targets (ACTs), the commercial trip
                                                current, valid OMB Control Number.                       eligibility to participate in the auction,            limit, and the recreational minimum
                                                   No person shall be subject to any                     and adopted rules and requirements                    size limit for greater amberjack in the
jstallworth on DSK7TPTVN1PROD with RULES




                                                penalty for failing to comply with a                     concerning the types of information that              Gulf of Mexico (Gulf) exclusive
                                                collection of information subject to the                 broadcast licensees would be required                 economic zone. Additionally, this rule
                                                Paperwork Reduction Act that does not                    to disclose in their pre-auction                      corrects an error in the Gulf gray
                                                display a current, valid OMB Control                     applications. FCC Form 177 implements                 triggerfish recreational accountability
                                                Number. The OMB Control Number is                        sections 1.2204(a), (c), (d)(3), (d)(5) and           measures (AMs). The purpose of this
                                                3060–1213. The foregoing document is                     73.3700(h)(4) and (6) of the                          rule is to modify Gulf greater amberjack
                                                required by the Paperwork Reduction                      Commission’s rules and will be used by                management measures to end


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                                                                 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations                                       75433

                                                overfishing and achieve optimal yield                    Commercial Trip Limit                                 industry, and non-governmental
                                                for the greater amberjack resource.                         This final rule revises the commercial             organizations. The comments that
                                                                                                         trip limit to 1,500 lb (680 kg), gutted               oppose one or more of the management
                                                DATES:   This rule is effective January 4,                                                                     measures in the framework action and
                                                2016.                                                    weight; 1,560 lb (708 kg), round weight.
                                                                                                         The Council determined that this trip                 the proposed rule are categorized into
                                                ADDRESSES:   Electronic copies of the                    limit would further reduce the                        the comments summarized and
                                                framework action, which includes an                      likelihood of exceeding the commercial                responded to below.
                                                environmental assessment, a regulatory                   ACL and ACT and could extend the                         Comment 1: The greater amberjack
                                                impact review, and a Regulatory                          length of the commercial fishing season.              minimum size limit should not be
                                                Flexibility Act (RFA) analysis may be                                                                          revised, or if revised, should instead be
                                                obtained from the Southeast Regional                     Recreational Minimum Size Limit                       set to 32 inches (81 cm), fork length.
                                                Office Web site at http://                                 This rule revises the greater amberjack             Further, enforcement of the current size
                                                sero.nmfs.noaa.gov/sustainable_                          recreational minimum size limit to 34                 limit should be increased because
                                                fisheries/gulf_fisheries/reef_fish/2015/                 inches (86.4 cm), fork length. The                    under-sized greater amberjack are
                                                greater_amberjack_framework/                             Council determined that this increased                already observed after fishing trips.
                                                index.html.                                              recreational minimum size limit would                    Response: NMFS disagrees. The 2014
                                                                                                         provide an opportunity for a greater                  greater amberjack stock assessment
                                                FOR FURTHER INFORMATION CONTACT:                         number of sexually mature greater                     indicated that the stock continues to be
                                                Richard Malinowski, Southeast Regional                   amberjack to spawn, which could assist                overfished and undergoing overfishing.
                                                Office, NMFS, telephone: 727–824–                        in Council efforts to end overfishing and             The Council determined, and NMFS
                                                5305, email: rich.malinowski@noaa.gov.                   rebuild the stock.                                    agrees, that increasing the minimum
                                                                                                                                                               size limit from 30 inches (76 cm), fork
                                                SUPPLEMENTARY INFORMATION:      The Gulf                 Other Actions Contained in the                        length, to 34 inches (86 cm), fork length,
                                                reef fish fishery is managed under the                   Framework Action                                      will help end overfishing and rebuild
                                                FMP. The FMP was prepared by the                                                                               the stock.
                                                                                                            In addition to the measures being
                                                Council and is implemented through                                                                                As described in the framework action,
                                                                                                         implemented in this rule, the framework
                                                regulations at 50 CFR part 622 under the                 action revises the greater amberjack                  studies have found that at a size limit
                                                authority of the Magnuson-Stevens                        acceptable biological catch (ABC) and                 of 34 inches (86 cm), 85 percent of
                                                Fishery Conservation and Management                      overfishing limit (OFL). All ABC and                  greater amberjack females reach
                                                Act (Magnuson-Stevens Act).                              OFL weights are described in pounds                   sexually maturity. However, at the
                                                   On September 17, 2015, NMFS                           (lb) round weight. This framework                     status quo size limit of 30 inches (76
                                                published a proposed rule for the                        action revises the ABC and OFL for 4                  cm) only 11 percent of females reach
                                                framework action and requested public                    years, beginning in 2015. The ABC,                    sexual maturity and at a size limit of 32
                                                comment (80 FR 55821). The proposed                      which is equal to the stock ACL is set                inches (81 cm), only 45 percent of
                                                rule and the framework action outline                    at 1,720,000 lb (780,179 kg). The OFL is              females reach sexual maturity. A
                                                the rationale for the actions contained in               set at 2,660,000 lb (1,206,556 kg) for                minimum size limit that is less than the
                                                this final rule. A summary of the                        2015; 3,210,000 lb (1,456,032 kg) for                 revised 34 inch (86 cm) size limit would
                                                management measures described in the                     2016; 3,420,000 lb (1,551,286 kg) for                 allow for a much greater number of
                                                framework action and implemented by                      2017; and 3,510,000 lb (1,592,109 kg) for             greater amberjack to be retained that
                                                this final rule is provided below.                       2018, and subsequent years.                           have not reached sexual maturity,
                                                                                                                                                               which will lessen the effectiveness of
                                                Management Measures Contained in                         Additional Proposed Changes to                        measures being implemented to end
                                                This Final Rule                                          Codified Text                                         overfishing of the stock.
                                                                                                            In Amendment 37 to the FMP, an in-                    With respect to enforcement, the
                                                  This final rule revises the commercial
                                                                                                         season AM was implemented for gray                    NMFS Office of Law Enforcement (OLE)
                                                and recreational ACLs and ACTs (which
                                                                                                         triggerfish (which is based on a single               is committed to continuing to monitor
                                                are expressed as quotas in the regulatory
                                                                                                         season of landings data), so the                      reef fish harvest and increase awareness
                                                text), the commercial trip limit, and the
                                                                                                         recreational sector closes when the                   and compliance with regulations. Its
                                                recreational minimum size limit for
                                                                                                         recreational ACT is reached or projected              Enforcement Officer Program is being
                                                greater amberjack in the Gulf.
                                                                                                         to be reached (78 FR 27084, May 9,                    expanded to better address compliance
                                                Commercial and Recreational ACLs and                     2013). However, during the                            assistance and fisheries monitoring.
                                                ACTs                                                     implementation of Amendment 37, the                   Additionally, OLE Enforcement Officers
                                                                                                         last sentence in § 622.41(b)(2)(iii),                 work with state partners providing
                                                   This final rule revises the commercial                which states that ‘‘Recreational landings             inspection services for enforcement of
                                                and recreational ACLs and ACTs for                       will be evaluated relative to the ACL                 Federal regulations through the Joint
                                                Gulf greater amberjack. All ACL and                      based on a moving multi-year average of               Enforcement Agreement to better
                                                ACT weights are described in pounds                      landings, as described in the FMP,’’ was              monitor landings.
                                                (lb) round weight. The current sector                    not removed. NMFS has only recently                      Comment 2: Instead of increasing the
                                                allocation for the greater amberjack                     noticed this error. This rule corrects this           greater amberjack recreational minimum
                                                stock ACL of 27 percent for the                          error by removing this sentence. The                  size limit, the current June through July
                                                commercial sector and 73 percent for                     recreational ACL and ACT for gray                     greater amberjack recreational closed
                                                the recreational sector does not change                  triggerfish implemented in Amendment                  season should be extended to include
jstallworth on DSK7TPTVN1PROD with RULES




                                                through this framework action. The                       37 to the FMP remains unchanged.                      August and September each year. This
                                                commercial ACL is set at 464,400 lb                                                                            change to the recreational closed season
                                                (210,648 kg) and the commercial ACT is                   Comments and Responses                                would work to end overfishing of
                                                set at 394,740 lb (179,051 kg). The                        NMFS received 12 comment                            greater amberjack better than a change
                                                recreational ACL is set at 1,255,600 lb                  submissions on the framework action                   to the size limit.
                                                (569,531 kg) and the recreational ACT is                 and the proposed rule from individuals,                  Response: NMFS disagrees. Extending
                                                set at 1,092,372 lb (495,492 kg).                        the charter vessel and headboat                       the recreational closed season into the


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                                                75434            Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations

                                                months of August and September would                     section 304(4)(A)(ii) of the Magnuson-                dollars), of which $2,400 was from
                                                be expected to result in a longer                        Stevens Act.                                          greater amberjack.
                                                opportunity to fish during the rest of the                                                                        No other small entities that will be
                                                                                                         Classification                                        directly affected by this final rule have
                                                recreational fishing season. However,
                                                increasing the length of the recreational                   The Regional Administrator,                        been identified.
                                                closed season would not provide greater                  Southeast Region, NMFS, has                              The Small Business Administration
                                                benefit to the stock than increasing                     determined that this final rule is                    (SBA) has established size criteria for all
                                                recreational minimum size limit. The                     necessary for the conservation and                    major industry sectors in the U.S.,
                                                increase of the recreational minimum                     management of Gulf greater amberjack                  including commercial finfish harvesters
                                                size limit to 34 inches (86 cm) is                       and is consistent with the framework                  (NAICS code 114111). A business
                                                expected to better allow a greater                       action, the FMP, the Magnuson-Stevens                 primarily involved in finfish harvesting
                                                percentage (85 percent) of the sexually                  Act, and other applicable law.                        is classified as a small business if it is
                                                mature females to spawn, which will                         This final rule has been determined to             independently owned and operated, is
                                                work towards reducing the risk of                        be not significant for purposes of                    not dominant in its field of operation
                                                overfishing of the stock. The Council                    Executive Order 12866.                                (including its affiliates), and has
                                                did consider revising the recreational                      The Magnuson-Stevens Act provides                  combined annual receipts not in excess
                                                closed season in this framework action                   the statutory basis for this rule. No                 of $20.5 million for all its affiliated
                                                but decided to retain the current closed                 duplicative, overlapping, or conflicting              operations worldwide. All of the vessels
                                                season of June 1 through July 31.                        Federal rules have been identified. In                directly regulated by this rule are
                                                   Comment 3: Greater amberjack has                      addition, no new reporting, record-                   believed to be small entities based on
                                                failed to meet its rebuilding plan                       keeping, or other compliance                          the SBA size criteria.
                                                deadline and is currently without a                      requirements are introduced by this                      Because all entities expected to be
                                                rebuilding plan, despite its status as                   final rule.                                           affected by this final rule are small
                                                being overfished and undergoing                             In compliance with section 604 of the              entities, NMFS has determined that this
                                                overfishing. NMFS and the Council                        RFA, NMFS prepared a final regulatory                 final rule will affect a substantial
                                                must formalize a rebuilding plan to                      flexibility analysis (FRFA) for this final            number of small entities. Moreover, the
                                                comply with the Magnuson-Stevens Act                     rule. The FRFA follows.                               issue of disproportionate effects on
                                                and give Gulf greater amberjack                             No public comments specific to the                 small versus large entities does not arise
                                                rebuilding the greatest likelihood of                    initial regulatory flexibility analysis               in the present case.
                                                success.                                                 were received and, therefore, no public                  This final rule reduces the greater
                                                   Response: NMFS disagrees that                         comments are addressed in this FRFA.                  amberjack commercial ACT by 3.5
                                                greater amberjack is without a                              NMFS agrees that the Council’s                     percent or 14,260 lb (6,468 kg), round
                                                rebuilding plan. As explained in the                     choice of preferred alternatives will best            weight, from 409,000 lb (185,519 kg) to
                                                proposed rule, a greater amberjack                       achieve the Council’s objectives for the              394,740 lb (179,051 kg), round weight.
                                                rebuilding plan was implemented in                       framework action while minimizing, to                 Additionally, this final rule reduces the
                                                2003 with a rebuilding target of 2012. In                the extent practicable, the adverse                   greater amberjack commercial trip limit
                                                August 2014, pursuant to section                         effects on fishers, support industries,               from 2,000 lb (907 kg), round weight, to
                                                304(e)(2) of the Magnuson-Stevens Act,                   and associated communities. The                       1,560 lb (708 kg), round weight; 1,500
                                                NMFS notified the Council of the 2014                    preamble to the final rule provides a                 lb (680 kg), gutted weight. On its own,
                                                stock assessment results that indicated                  statement of the need for and objectives              the reduction in the commercial ACT
                                                that the greater amberjack stock                         of this rule.                                         would be expected to result in a shorter
                                                continued to be overfished and                              NMFS expects this final rule to                    fishing season and fewer commercial
                                                undergoing overfishing. Following that                   directly affect all commercial vessels                trips that harvest greater amberjack.
                                                notification, the Council was required                   that harvest Gulf greater amberjack                   Conversely, the reduced commercial
                                                under section 304(e)(3) of the                           under the FMP. Changes to recreational                trip limit would be expected to increase
                                                Magnuson-Stevens Act to prepare a plan                   ACLs, ACTs, and minimum size limits                   the commercial fishing season length
                                                amendment or regulations within 2                        in this final rule will not directly apply            and the overall number of trips
                                                years to end overfishing immediately                     to or regulate charter vessel and                     necessary to harvest the entire
                                                and rebuild the greater amberjack stock.                 headboat (for-hire) businesses. Any                   commercial ACT. When the actions to
                                                   Although the Council did not                          impact to the profitability or                        reduce the commercial ACT and trip
                                                explicitly discuss its obligations under                 competitiveness of for-hire fishing                   limit are analyzed together, the expected
                                                section 304(e)(3) of the Magnuson-                       businesses will be the result of changes              recurring annual reduction in total ex-
                                                Stevens Act, the framework action and                    in for-hire angler demand and will                    vessel revenue from this final rule is
                                                this final rule fulfill the Council’s                    therefore be indirect in nature. The RFA              estimated to be $20,703 (2013 dollars),
                                                responsibility to ‘‘prepare and                          does not consider recreational anglers,               assuming there is no substitution of
                                                implement a fishery management plan,                     who will be directly affected by this                 other species and no change in effort,
                                                plan amendment, or proposed                              final rule, to be small entities, so they             harvest rates, or prices. In addition, the
                                                regulations for the fishery’’ under that                 are outside the scope of this analysis                commercial season length is predicted
                                                provision. Consistent with the                           and only the effects on commercial                    to be 5 days longer under the preferred
                                                requirements of sections 304(e)(3) and                   vessels were analyzed.                                commercial ACT and trip limit
                                                (4) of the Magnuson-Stevens Act, the                        As of March 25, 2015, there were 863               alternatives than under the no action
                                                framework action and this final rule are                 vessels with valid or renewable Gulf                  alternatives for these actions. Assuming
jstallworth on DSK7TPTVN1PROD with RULES




                                                projected to end overfishing                             reef fish commercial vessel Federal                   the reduction in greater amberjack
                                                immediately and rebuild the stock in as                  permits. On average (2009 through                     revenues is distributed evenly across the
                                                short a time as possible, taking into                    2013), 211 vessels commercially landed                average number of vessels that
                                                account the needs of fishing                             greater amberjack each year from Gulf                 commercially harvest greater amberjack
                                                communities. The specified time for                      Federal waters. Their average annual                  per year (211 vessels), the annual per-
                                                rebuilding is 4 years, well below the                    vessel-level revenue for 2009 through                 vessel loss is estimated to be $98 (2013
                                                maximum time of 10 years specified in                    2013 was approximately $130,000 (2013                 dollars), or less than 1 percent of the


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                                                                 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations                                       75435

                                                average annual revenue earned by these                   Scientific and Statistical Committee                     Five alternatives were considered for
                                                vessels for all species harvested.                       (SSC) and would, therefore, be                        the action to modify the greater
                                                Because this estimate is based on                        inconsistent with the Magnuson-Stevens                amberjack commercial trip limit. The
                                                average performance, some vessels may                    Act National Standard 1 guidelines. The               first alternative, the no action
                                                be affected differently than others,                     second alternative would set the stock                alternative, would maintain the current
                                                depending on their overall catch                         ACL from 2015 through 2018 equal to                   2,000 lb (907 kg), round weight, trip
                                                composition, landing capacity, and                       the ABC values recommended by the                     limit and would not be expected to have
                                                fishing behavior.                                        Council’s SSC. This alternative included              any direct economic effects. The third,
                                                   Thirty vessels, on average per year                   two sub-options. The first sub-option                 fourth, and fifth alternatives would have
                                                (2009 through 2013), were identified                     would use the Council’s ACL/ACT                       established 1,000 lb (454 kg), 750 lb
                                                that commercially landed greater                         control rule as established in the                    (340 kg), and 500 lb (227 kg), gutted
                                                amberjack in excess of the selected                      Generic ACL/AM Amendment (76 FR                       weight trip limits, respectively.
                                                1,500 lb (680 kg), gutted weight, trip                   82044, December 29, 2011), which                      Although these three alternatives would
                                                limit on a single trip (14 percent of the                                                                      be expected to extend the commercial
                                                                                                         would set the commercial ACT at a level
                                                average number of vessels that                                                                                 fishing season, they would increase the
                                                                                                         reduced by 15 percent from the
                                                harvested greater amberjack each year).                                                                        likelihood that trips are no longer
                                                                                                         commercial ACL for greater amberjack
                                                In 2013, the total weight of greater                                                                           profitable and decrease the likelihood
                                                amberjack harvested in excess of 1,500                   and set the recreational ACT at a level
                                                                                                                                                               that the entire commercial ACT would
                                                lb (680 kg), gutted weight, per trip,                    reduced by 13 percent from the
                                                                                                                                                               be harvested during the fishing year.
                                                accounted for approximately 10 percent                   recreational ACL. The second sub-                     Therefore, these three alternatives
                                                of total greater amberjack landings.                     option would not use the ACL/ACT                      would be expected to result in greater
                                                Thus, for the 211 vessels that                           control rule and would instead apply a                economic losses to affected small
                                                commercially harvest greater amberjack,                  20-percent buffer that would reduce                   entities than the preferred trip limit
                                                the reduction in the commercial trip                     both the recreational and commercial                  alternative.
                                                limit, assuming effort remains constant,                 ACLs by 20 percent to establish the                      An item contained in this final rule
                                                is expected to reduce total commercial                   recreational and commercial ACTs. This                that is not part of the framework action
                                                greater amberjack harvests by                            alternative would increase the stock                  is the removal of the last sentence in
                                                approximately 39,000 lb (17,690 kg),                     ACL each year from 2015 through 2018,                 § 622.41(b)(2)(iii), ‘‘Recreational
                                                round weight, and $46,800 (2013                          which would be expected to result in                  landings will be evaluated relative to
                                                dollars) in total ex-vessel revenue                      greater economic benefits than the                    the ACL based on a moving multi-year
                                                annually. Averaged across the 30 vessels                 preferred alternative in the framework                average of landings, as described in the
                                                per year with trip harvests above 1,500                  action. However, this alternative was                 FMP.’’ This sentence, which pertains to
                                                lb (680 kg), gutted weight, this reduction               not selected as preferred by the Council              the evaluation of recreational landings
                                                equals approximately $1,560 (2013                        because the 2014 stock assessment                     of gray triggerfish relative to the ACL,
                                                dollars) per vessel, or approximately 1                  results indicated that the greater                    was inadvertently not removed in the
                                                percent of their average annual revenue.                 amberjack stock continued to be                       final rule implementing Amendment 37
                                                These losses would be reduced if                         overfished and undergoing overfishing                 to the FMP (78 FR 27084, May 9, 2013).
                                                increased landings of other species can                  and the Council determined that                       The removal of this sentence will clarify
                                                be substituted for greater amberjack                     maintaining the catch limit at the more               the criteria used to trigger recreational
                                                landings or if new trips harvesting                      conservative 2015 level was                           AMs as written in the Federal
                                                greater amberjack were to occur. It is                   appropriate. The third alternative, the               regulations; however, it is not expected
                                                assumed that the entire commercial                       preferred alternative, sets a constant                to have any effect on current
                                                ACT will be harvested under the                          stock ACL equal to the 2015 ABC value                 management practices. This is because
                                                preferred trip limit alternative.                        recommended by the Council’s SSC.                     NMFS has managed gray triggerfish in
                                                Therefore, if the trip limit change                      The same two sub-options for setting the              accordance with the preferred
                                                implemented by this final rule results in                ACT that were considered for the                      alternatives specified in Amendment 37
                                                a decrease in greater amberjack landings                 second alternative were also considered               since its implementation. Therefore, this
                                                and revenues for some vessels, it will                                                                         is an administrative change only and is
                                                                                                         for the third alternative. The first sub-
                                                result in an increase in greater                                                                               not expected to have any direct
                                                                                                         option, selected as preferred by the
                                                amberjack landings and revenues for                                                                            economic effects on small entities. As
                                                                                                         Council, applies a 15-percent buffer to
                                                other vessels.                                                                                                 such, this component of the final rule is
                                                   The following discussion analyzes the                 the commercial ACL to set the                         outside the scope of the RFA.
                                                alternatives that were not selected as                   commercial ACT and applies a 13-                         Section 212 of the Small Business
                                                preferred by the Council. Only the                       percent buffer to the recreational ACL to             Regulatory Enforcement Fairness Act of
                                                actions which contain alternatives that                  set the recreational ACT. The second                  1996 states that, for each rule or group
                                                will have direct economic effects on                     sub-option would not use the ACL/ACT                  of related rules for which an agency is
                                                small entities are included in the                       control rule and instead would apply a                required to prepare a FRFA, the agency
                                                following discussion.                                    20-percent buffer that would reduce                   shall publish one or more guides to
                                                   Four alternatives were considered for                 both the recreational and commercial                  assist small entities in complying with
                                                the action to modify the commercial and                  ACLs by 20 percent to establish the                   the rule, and shall designate such
                                                recreational ACLs and ACTs for Gulf                      recreational and commercial ACTs. The                 publications as ‘small entity compliance
                                                greater amberjack. The first alternative,                fourth alternative would set the stock                guides.’ The agency shall explain the
jstallworth on DSK7TPTVN1PROD with RULES




                                                the no action alternative, would not be                  ACL and stock ACT at zero. The fourth                 actions a small entity is required to take
                                                expected to have any direct economic                     alternative would stop all directed                   to comply with a rule or group of rules.
                                                effects. This alternative was not selected               harvest of greater amberjack by both                  As part of this rulemaking process,
                                                because the stock ACL would exceed                       sectors and would be expected to result               NMFS prepared a fishery bulletin,
                                                the ABC calculated by the most recent                    in greater economic losses than the                   which also serves as a small entity
                                                greater amberjack assessment and                         Council’s preferred ACL/ACT                           compliance guide. The fishery bulletin
                                                recommended by the Council’s                             alternative.                                          will be sent to all interested parties.


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                                                75436            Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations

                                                List of Subjects in 50 CFR Part 622                      round weight. The recreational ACT for                regulations (50 CFR part 635) issued
                                                  Commercial, Fisheries, Fishing,                        gray triggerfish is 217,100 lb (98,475 kg),           under authority of the Magnuson-
                                                Greater amberjack, Gulf, Recreational,                   round weight.                                         Stevens Fishery Conservation and
                                                Reef fish.                                               *     *     *     *     *                             Management Act (16 U.S.C. 1801 et
                                                                                                                                                               seq.).
                                                  Dated: November 25, 2015.                              ■ 5. In § 622.43, revise paragraph (a) to                Under § 635.5(b)(1), dealers must
                                                Eileen Sobeck,                                           read as follows:                                      report weekly on sharks they first
                                                Assistant Administrator for Fisheries,                                                                         receive from vessels through a NMFS-
                                                                                                         § 622.43    Commercial trip limits.
                                                National Marine Fisheries Service.                                                                             approved electronic reporting system.
                                                                                                         *     *     *    *     *                              Under § 635.28(b)(2), when NMFS
                                                  For the reasons set out in the                           (a) Gulf greater amberjack. Until the
                                                preamble, 50 CFR part 622 is amended                                                                           calculates that the landings for any
                                                                                                         quota specified in § 622.39(a)(1)(v) is               species and/or management group with
                                                as follows:                                              reached, 1,500 lb (680 kg), gutted                    a ‘‘non-linked’’ quota has reached or is
                                                PART 622—FISHERIES OF THE                                weight; 1,560 lb (708 kg), round weight.              projected to reach 80 percent of the
                                                CARIBBEAN, GULF OF MEXICO, AND                           See § 622.39(b) for the limitations                   available quota, NMFS will file for
                                                SOUTH ATLANTIC                                           regarding greater amberjack after the                 publication with the Office of the
                                                                                                         quota is reached.                                     Federal Register a notice of closure that
                                                ■ 1. The authority citation for part 622                 *     *     *    *     *                              will be effective no fewer than 5 days
                                                continues to read as follows:                            [FR Doc. 2015–30543 Filed 12–1–15; 8:45 am]           from date of filing. From the effective
                                                    Authority: 16 U.S.C. 1801 et seq.                    BILLING CODE 3510–22–P                                date and time of the closure until and
                                                ■ 2. In § 622.37, revise paragraph (c)(4)                                                                      if NMFS announces, via a notification in
                                                to read as follows:                                                                                            the Federal Register, that additional
                                                                                                         DEPARTMENT OF COMMERCE                                quota is available and the season is
                                                § 622.37    Size limits.                                                                                       reopened, the fisheries remain closed,
                                                                                                         National Oceanic and Atmospheric
                                                *      *    *      *      *                                                                                    even across fishing years.
                                                                                                         Administration                                           On December 2, 2014 (79 FR 71331),
                                                   (c) * * *
                                                   (4) Greater amberjack—34 inches                                                                             NMFS announced that the 2015
                                                                                                         50 CFR Part 635                                       commercial Gulf of Mexico non-
                                                (86.4 cm), fork length, for a fish taken
                                                by a person subject to the bag limit                     [Docket No. 140429387–4971–02]                        blacknose SCS quota was 45.5 metric
                                                specified in § 622.38(b)(1) and 36 inches                                                                      tons (mt) dressed weight (dw) (100,317
                                                                                                         RIN 0648–XE334
                                                (91.4 cm), fork length, for a fish taken                                                                       lb dw), while and the blacknose shark
                                                by a person not subject to the bag limit.                Atlantic Highly Migratory Species;                    quota was 1.8 mt dw (4,076 lb dw).
                                                *      *    *      *      *                              Commercial Non-Blacknose Small                        Dealer reports received through June 26,
                                                                                                         Coastal Sharks in the Gulf of Mexico                  2015, indicated that 36.9 mt dw or 81
                                                ■ 3. In § 622.39, revise paragraphs                                                                            percent of the available Gulf of Mexico
                                                (a)(1)(v) and (a)(2)(ii) to read as follows:             Region
                                                                                                                                                               non-blacknose SCS quota had been
                                                § 622.39    Quotas.                                      AGENCY:  National Marine Fisheries                    landed and 1.0 mt dw or 52 percent of
                                                                                                         Service (NMFS), National Oceanic and                  the available Gulf of Mexico blacknose
                                                *       *     *      *      *
                                                   (a) * * *                                             Atmospheric Administration (NOAA),                    shark quota had been landed. Since the
                                                   (1) * * *                                             Commerce.                                             dealer landings of non-blacknose SCS
                                                   (v) Greater amberjack—394,740 lb                      ACTION: Temporary rule; closure.                      exceeded 80 percent of the quota, and
                                                (179,051 kg), round weight.                                                                                    the non-blacknose SCS and blacknose
                                                                                                         SUMMARY:  NMFS is closing the fishery                 shark fisheries were quota-linked,
                                                *       *     *      *      *
                                                   (2) * * *                                             for commercial non-blacknose small                    NMFS closed the blacknose shark and
                                                   (ii) Recreational quota for greater                   coastal sharks (SCS) in the Gulf of                   non-blacknose SCS fisheries on July 4,
                                                amberjack. The recreational quota for                    Mexico region. This action is necessary               2015 (80 FR 38016; July 2, 2016).
                                                greater amberjack is 1,092,372 lb                        because the commercial landings of Gulf                  On August 18, 2015 (80 FR 50073),
                                                (495,492 kg), round weight.                              of Mexico non-blacknose SCS for the                   NMFS published the final rule for
                                                                                                         2015 fishing season are projected to                  Amendment 6 to the 2006 Consolidated
                                                *       *     *      *      *                                                                                  HMS FMP which, among other things,
                                                                                                         exceed 80 percent of the available
                                                ■ 4. In § 622.41, revise paragraphs                      commercial quota as of November 27,                   established a new Gulf of Mexico non-
                                                (a)(1)(iii), (a)(2)(iii), and (b)(2)(iii) to             2015.                                                 blacknose SCS commercial quota of
                                                read as follows:                                                                                               112.6 mt dw (248,215 lb dw), prohibited
                                                                                                         DATES:  The commercial fishery for non-
                                                                                                                                                               the retention of blacknose sharks in the
                                                § 622.41 Annual catch limits (ACLs),                     blacknose SCS in the Gulf of Mexico                   Gulf of Mexico, and removed the quota
                                                annual catch targets (ACTs), and                         region is closed effective 11:30 p.m.                 linkage between the blacknose shark
                                                accountability measures (AMs).                           local time December 5, 2015, until the                fishery and the non-blacknose SCS
                                                   (a) * * *                                             end of the 2015 fishing season on                     commercial fishery. At that time, NMFS
                                                   (1) * * *                                             December 31, 2015, and will reopen on
                                                   (iii) The commercial ACL for greater                                                                        estimated that approximately 66.4 mt
                                                                                                         January 1, 2016.                                      dw of the new Gulf of Mexico non-
                                                amberjack is 464,400 lb (210,648 kg),                    FOR FURTHER INFORMATION CONTACT: Guy
                                                round weight.                                                                                                  blacknose SCS commercial quota was
                                                                                                         DuBeck or Karyl Brewster-Geisz 301–                   available and re-opened the Gulf of
                                                   (2) * * *
jstallworth on DSK7TPTVN1PROD with RULES




                                                   (iii) The recreational ACL for greater                427–8503; fax 301–713–1917.                           Mexico non-blacknose SCS commercial
                                                amberjack is 1,255,600 lb (569,531 kg),                  SUPPLEMENTARY INFORMATION: The                        fishery. Dealer reports received through
                                                round weight.                                            Atlantic and Gulf of Mexico shark                     November 20, 2015, indicated that a
                                                   (b) * * *                                             fisheries are managed under the 2006                  total of 89.4 mt dw or 79 percent of the
                                                   (2) * * *                                             Consolidated Highly Migratory Species                 available Gulf of Mexico non-blacknose
                                                   (iii) The recreational ACL for gray                   (HMS) Fishery Management Plan (FMP),                  SCS commercial quota had been landed.
                                                triggerfish is 241,200 lb (109,406 kg),                  its amendments, and its implementing                  Based on these dealer reports, NMFS


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Document Created: 2015-12-14 13:48:33
Document Modified: 2015-12-14 13:48:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 4, 2016.
ContactRichard Malinowski, Southeast Regional Office, NMFS, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 75432 
RIN Number0648-BF21
CFR AssociatedCommercial; Fisheries; Fishing; Greater Amberjack; Gulf; Recreational and Reef Fish

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