81_FR_84764 81 FR 84538 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Hogfish Management Measures

81 FR 84538 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Hogfish Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84538-84544
FR Document2016-28173

NMFS proposes to implement management measures described in Amendment 43 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (Gulf)(FMP), as prepared by the Gulf of Mexico Fishery Management Council (Gulf Council)(Amendment 43). This proposed rule would revise the geographic range of the fishery management unit (FMU) for Gulf hogfish (the West Florida stock) consistent with the South Atlantic Fishery Management Council's (South Atlantic Council) proposed boundary between the Florida Keys/East Florida and West Florida stocks, set the annual catch limit (ACL) for the West Florida stock, increase the minimum size limit for the proposed West Florida stock, and remove the powerhead exception for harvest of hogfish in the Gulf reef fish stressed area. This proposed rule would also correct a reference in the regulatory definition for charter vessel. The purpose of this proposed rule is to manage hogfish using the best scientific information available.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Proposed Rules]
[Pages 84538-84544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160630574-6574-01]
RIN 0648-BG18


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 43 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (Gulf)(FMP), as prepared by the Gulf of Mexico 
Fishery Management Council (Gulf Council)(Amendment 43). This proposed 
rule would revise the geographic range of the fishery management unit 
(FMU) for Gulf hogfish (the West Florida stock) consistent with the 
South Atlantic Fishery Management Council's (South Atlantic Council) 
proposed boundary between the Florida Keys/East Florida and West 
Florida stocks, set the annual catch limit (ACL) for the West Florida 
stock, increase the minimum size limit for the proposed West Florida 
stock, and remove the powerhead exception for harvest of hogfish in the 
Gulf reef fish stressed area. This proposed rule would also correct a 
reference in the regulatory definition for charter vessel. The purpose 
of this proposed rule is to manage hogfish using the best scientific 
information available.

DATES: Written comments must be received by December 23, 2016.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2016-0126'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0126, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Peter Hood, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 43, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review, may be obtained from 
the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2016/am43/index.html.

FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: peter.hood@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes hogfish, under the FMP. The Council 
prepared the FMP and NMFS implements the FMP

[[Page 84539]]

through regulations at 50 CFR part 622 under the authority of the 
Magnuson Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801 et seq.).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure fishery resources are managed for the 
greatest overall benefit to the nation, particularly with respect to 
providing food production and recreational opportunities, and 
protecting marine ecosystems.
    Hogfish occur throughout the Gulf but are caught primarily off the 
Florida west coast. Hogfish are managed with a stock ACL and no 
allocation between the commercial and recreational sectors. Generally, 
the fishing season for both sectors is open year-round, January 1 
through December 31. However, accountability measures (AMs) for hogfish 
specify that if commercial and recreational landings exceed the stock 
ACL in a fishing year, then during the following fishing year, if the 
stock ACL is reached or is projected to be reached, the commercial and 
recreational sectors will be closed for the remainder of the fishing 
year. The hogfish ACL and AMs were implemented in 2012 (76 FR 82044, 
December 29, 2011). The AMs were triggered when the hogfish ACL was 
exceeded in 2012, and the 2013 season was closed on December 2 because 
NMFS determined that the 2013 hogfish stock ACL had been harvested (78 
FR 72583, December 3, 2013). The stock ACL was exceeded again in 2013. 
However, there was no closure in 2014 and the stock ACL was not 
exceeded in the 2014 or 2015 fishing years.
    In 2014, the Florida Fish and Wildlife Conservation Commission 
(FWC) completed the most recent stock assessment for hogfish through 
the Southeast Data, Assessment, and Review process (SEDAR 37). SEDAR 37 
divided the hogfish stock into three stocks based upon genetic analysis 
as follows: the West Florida stock, the Florida Keys/East Florida 
stock, and the Georgia through North Carolina stock. The West Florida 
stock is completely within the jurisdiction of the Gulf Council and the 
Georgia through North Carolina stock is completely within the 
jurisdiction of the South Atlantic Council. The Florida Keys/East 
Florida stock crosses the two Councils' jurisdictional boundary, with a 
small portion of the stock extending into the Gulf Council's 
jurisdiction off the west coast of Florida. Based on SEDAR 37 and the 
Gulf and South Atlantic Councils' Scientific and Statistical Committee 
(SSC) recommendations, NMFS determined that the West Florida stock is 
not overfished or undergoing overfishing, the Florida Keys/East Florida 
stock is overfished and experiencing overfishing, and the status of the 
Georgia through North Carolina stock is unknown. NMFS notified the Gulf 
and South Atlantic Councils of these stock status determinations via 
letter on February 17, 2015.
    Because only a small portion of the Florida Keys/East Florida stock 
extends into the Gulf Council's jurisdiction off south Florida, the 
Gulf Council's SSC recommended that the South Atlantic Council's SSC 
take the lead in setting the overfishing limit (OFL) and acceptable 
biological catch (ABC) for the Florida Keys/East Florida stock. The 
Gulf Council's SSC reviewed and provided recommendations on the west 
Florida shelf (Gulf) portion of the stock assessment.

Management Measures Contained in This Proposed Rule

    If implemented, this proposed rule would: Revise the hogfish FMU 
managed by the FMP to the West Florida hogfish stock, which includes 
hogfish in the Gulf exclusive economic zone (EEZ), except south of a 
line extending due west from 25[deg]09' N. lat. off the west coast of 
Florida; specify the ACL for the West Florida hogfish stock; increase 
the minimum size limit for the West Florida stock; and remove the 
powerhead exception for harvest of hogfish in the Gulf reef fish 
stressed area.

Fishery Management Unit

    The South Atlantic Council developed and submitted for review by 
the Secretary of Commerce a rebuilding plan for the Florida Keys/East 
Florida stock through Amendment 37 to the FMP for the Snapper-Grouper 
Fishery of the South Atlantic Region (Amendment 37). A small portion of 
the Florida Keys/East Florida stock, as defined by the SEDAR 37, 
extends into Gulf waters in the Gulf Council's jurisdiction in south 
Florida. Therefore, in Amendment 43 and this proposed rule, the Gulf 
Council would revise the hogfish FMU in the Gulf to be the West Florida 
stock, and would define the geographic range of this stock consistent 
with the South Atlantic Council's proposed boundary between the Florida 
Keys/East Florida and West Florida hogfish stocks in Amendment 37. This 
boundary would be a line extending west along 25[deg]09' N. lat. to the 
outer boundary of the EEZ, which is just south of Cape Sable, Florida, 
on the west coast of Florida. The Gulf Council would manage hogfish 
(the West Florida stock) in the Gulf EEZ except south of 25[deg]09' N. 
lat. off the west coast of Florida. The South Atlantic Council would 
manage hogfish (the Florida Keys/East Florida stock) in the Gulf EEZ 
south of 25[deg]09' N. lat. off the west coast of Florida, and in the 
South Atlantic EEZ to the state border of Florida and Georgia. This 
boundary is south of the line used in SEDAR 37, which defined the West 
Florida stock as north of the Monroe and Collier County, Florida, 
boundary line. Therefore, it is possible that some fish that are part 
of the Florida Keys/East Florida stock will be harvested under the 
regulations set by the Gulf Council. However, the majority of hogfish 
landings in Monroe County occur in the Florida Keys, and the proposed 
boundary is far enough north of the Florida Keys that fishing trips 
originating in the Florida Keys rarely travel north of the boundary, 
and far enough south of Naples and Marco Island, Florida, that fishing 
trips originating from these locations rarely travel south of the 
boundary. In addition, the boundary line proposed by the Gulf and South 
Atlantic Councils is currently used by the FWC as a regulatory boundary 
for certain state-managed species. Using a pre-existing management 
boundary will increase enforceability and help fishermen by simplifying 
regulations across adjacent management jurisdictions.
    In accordance with section 304(f) of the Magnuson-Stevens Act, the 
Gulf Council requested that the Secretary of Commerce designate the 
South Atlantic Council as the responsible Council for management of the 
Florida Keys/East Florida hogfish stock in Gulf Federal waters south of 
25[deg]09' N. lat. near Cape Sable on the west coast of Florida. If the 
Gulf Council's request is approved, the Gulf Council would continue to 
manage hogfish in Federal waters in the Gulf, except in Federal waters 
south of this boundary. Therefore, the South Atlantic Council, and not 
the Gulf Council, would establish the management measures for the 
entire range of the Florida Keys/East Florida hogfish stock, including 
in Federal waters south of 25[deg]09' N. lat. near Cape Sable in the 
Gulf. Commercial and recreational for-hire vessels fishing for hogfish 
in Gulf Federal waters, i.e., north and west of the jurisdictional 
boundary between the Gulf and South Atlantic Councils (approximately at 
the Florida Keys), as defined at 50 CFR 600.105(c), would still be 
required to have the appropriate Federal Gulf reef fish permits, and

[[Page 84540]]

vessels fishing for hogfish in South Atlantic Federal waters, i.e., 
south and east of the jurisdictional boundary, would still be required 
to have the appropriate Federal South Atlantic snapper-grouper permits. 
Those permit holders would still be required to follow the sale and 
reporting requirements associated with the respective permits.
    NMFS specifically seeks public comment regarding the revised stock 
boundaries and the manner in which the Councils would have jurisdiction 
over these stocks if both Amendment 37 for the South Atlantic Council 
and Amendment 43 for the Gulf Council are approved and implemented. 
NMFS published notices of availability, seeking comments on Amendment 
37 and Amendment 43, on October 7, 2016, and November 4, 2016, 
respectively (81 FR 69774 and 81 FR 76908).

Annual Catch Limit

    The current stock ACL and annual catch target (ACT) for Gulf 
hogfish were established based on 1999-2008 landings. The ACL and ACT 
were set using the Gulf Council's ABC control rule for stocks that have 
not been assessed, but are stable over time, or are unlikely to undergo 
overfishing at current average levels. The SEDAR 37 projections 
produced annual yields for OFL and ABC for the West Florida hogfish 
stock for the 2016 through 2026 fishing years are based on an 
overfishing threshold of the fishing morality rate (F) at 30 percent 
spawning potential ratio (F30SPR). 
However, because of increasing uncertainty with long-range projections, 
the Gulf Council's SSC only provided OFL and ABC recommendations for 
the West Florida hogfish stock for the first 3 years, 2016 through 
2018. The 2016-2018 OFLs were 257,100 lb (116,619 kg), 229,400 lb 
(104,054 kg), and 211,000 lb (95,708 kg), round weight, respectively, 
and the 2016-2018 ABCs were 240,400 lb (109,044 kg), 216,800 lb (98,339 
kg), and 200,800 lb (91,081 kg), round weight, respectively. The Gulf 
Council's SSC also made constant catch OFL and ABC recommendations 
based on the averages of the 2016-2018 OFLs and ABCs of 232,000 lb 
(105,233 kg), and 219,000 lb (99,337 kg), round weight, respectively. 
For 2019, and subsequent years, the SSC recommended an OFL and ABC set 
at the equilibrium yield of 161,900 lb (73,028 kg), and 159,300 lb 
(72,257 kg), round weight, respectively.
    The proposed rule would set the ACL for the West Florida hogfish 
stock at 219,000 lb (99,337 kg), round weight, for the 2017 and 2018 
fishing years and is based on the Gulf Council's SSC ABC 
recommendations that averaged the 2016 through 2018 ABC yield streams. 
In 2019, and subsequent fishing years, the stock ACL would be set at 
the equilibrium ABC of 159,300 lb (72,257 kg), round weight. The 
Council decided to discontinue the designation of an ACT, because it is 
not used in the current AMs or for other management purposes.

Minimum Size Limit

    Although the West Florida hogfish stock is not overfished or 
undergoing overfishing, the stock could be subject to seasonal closures 
if landings exceed the stock ACL and AMs are triggered. The Gulf 
Council's Reef Fish Advisory Panel recommended increasing the minimum 
size limit in Federal waters from 12 inches (30.5 cm), fork length 
(FL), to 14 inches (35.6 cm), FL, to reduce the directed harvest rate 
and reduce the probability of exceeding the ACL. This minimum size 
limit increase was also supported in public testimony by fishermen. The 
minimum size limit increase is projected to reduce the recreational 
harvest rate by 10 to 35 percent and reduce the commercial harvest rate 
by 6 to 28 percent, depending upon time of year and type of fishing. 
This action has an additional benefit of allowing hogfish to grow 
larger and have an additional spawning opportunity before being 
susceptible to harvest.

Powerhead Exemption

    Currently, as described at 50 CFR 622.35(a), a regulatory exemption 
allows for the harvest of hogfish using powerheads in the reef fish 
stressed area. The powerhead exemption is a regulatory holdover from 
when hogfish were listed in the regulations as a ``species in the 
fishery but not in the reef fish fishery management unit.'' Amendment 
15 to the FMP (62 FR 67714, December 30, 1997) removed 25 reef fish 
species and left 4 species (hogfish, queen triggerfish, sand perch, and 
dwarf sand perch) in the category of ``species in the fishery but not 
the management unit.'' Amendment 15 to the FMP also included a 
provision that reinstated the allowance of powerheads in the reef fish 
stressed area to harvest these four reef fish species. In 1999, 
Amendment 16B to the FMP (64 FR 57403, October 10, 1999) removed the 
distinction between reef fish species in the management unit and those 
in the fishery but not in the management unit and also removed queen 
triggerfish from the FMU. Even though the ``species in the fishery but 
not the management unit'' category no longer existed, the other three 
species from this category continued to be listed as exempt from 
powerhead prohibition. Sand perch and dwarf sand perch were removed 
from the FMP in 2011, through the Gulf Council's Generic ACL/AM 
Amendment (76 FR 82043, December 29, 2011), leaving only hogfish 
subject to the powerhead exemption.
    This proposed rule would remove the provision that exempts hogfish 
from the prohibition on the use of powerheads to take Gulf reef fish in 
the Gulf reef fish stressed area. By removing the powerhead exemption 
for hogfish, hogfish would be subject to the same regulations for Gulf 
reef fish in the stressed area as other species in the reef fish FMU. 
The stressed area begins at the shoreward boundary of Federal waters 
and generally follows the 10-fathom contour from the Dry Tortugas to 
Sanibel Island, Florida; the 20-fathom contour to Tarpon Springs, 
Florida; the 10-fathom contour to Cape San Blas, Florida; the 25-fathom 
contour to south of Mobile Bay, Alabama; the 13-fathom contour to Ship 
Island, Mississippi; the 10-fathom contour off Louisiana; and the 30-
fathom contour off Texas. The original FMP established the stressed 
area for purposes of preventing the localized depletion of reef fish 
stocks in nearshore waters, and to reduce the potential for gear 
conflicts (49 FR 39548, October 9, 1984). The coordinates for the reef 
fish stressed area are provided in 50 CFR part 622, Table 2 in Appendix 
B.

Management Measures Contained in Amendment 43 But Not Codified Through 
This Proposed Rule

    Amendment 43 would also specify hogfish status determination 
criteria (SDC) for the hogfish West Florida stock. The minimum stock 
size threshold (MSST) and maximum fishing mortality threshold (MFMT) 
are used to determine if a stock is overfished or undergoing 
overfishing, respectively. If the stock biomass falls below the MSST, 
then the stock is considered overfished and the Gulf Council would then 
need to develop a rebuilding plan capable of returning the stock to a 
level that allows the stock to produce maximum sustainable yield (MSY) 
on a continuing basis. If fishing mortality exceeds the MFMT, a stock 
is considered to be undergoing overfishing because this level of 
fishing mortality, if continued, would reduce the stock biomass to an 
overfished condition.
    Currently, the only SDC implemented for Gulf hogfish is the 
overfishing threshold, or MFMT. This threshold was approved by NMFS 
through the Gulf Council's Sustainable Fisheries Act Generic Amendment 
on November 17, 1999. The overfished threshold, or

[[Page 84541]]

MSST, and MSY in the Sustainable Fisheries Act Generic Amendment were 
disapproved because these values were not biomass based.
    In setting SDC in Amendment 43, the Council selected the spawning 
potential ratio (SPR) as the basis for an MSY proxy. The SPR is 
calculated as the average number of eggs per fish over its lifetime 
when the stock is fished compared to the average number of eggs per 
fish over its lifetime when the stock is not fished. The SPR assumes 
that a certain amount of fish must survive and spawn in order to 
replenish the stock. Analyses of stocks with various life histories 
suggest that, in general, SPR levels of 30 to 40 percent are most 
commonly associated with MSY. Amendment 43 proposes to use the 
equilibrium yield from fishing at FF30SPR 
as a proxy for MSY. This proxy is consistent to that used in SEDAR 37 
and is consistent with the MSY proxy commonly used for reef fish 
species.
    Both the proposed hogfish MFMT and MSST are based on this MSY 
proxy. The current MFMT value of FF30SPR 
for hogfish is already consistent with the MSY proxy and is not being 
changed in Amendment 43. To be consistent with the MSY proxy, the MSST 
needs to be equal to or reduced from the spawning stock biomass (SSB) 
capable of producing an equilibrium yield when fished at 
FF30SPR 
(SSBF30SPR). The closer the MSST value is 
to SSBF30SPR, the more likely a stock 
could be mistakenly declared overfished due to year-to-year 
fluctuations in SSB resulting in an unneeded rebuilding plan. However, 
if MSST is set too low, then rebuilding the stock equilibrium levels 
could take longer because the difference between 
SSBF30SPR and MSST is larger. Therefore, 
in Amendment 43, the Gulf Council determined that setting the MSST at 
75 percent of SSBF30SPR balanced the 
likelihood of declaring the stock as overfished as a result of natural 
variations in stock size with being able to allow the stock to recover 
quickly from an overfished state.

Additional Proposed Changes to Codified Text Not in Amendment 43

    In 2013, NMFS reorganized the regulations in 50 CFR part 622 to 
improve the organization of the regulations and make them easier to use 
(78 FR 57534, September 19, 2013). However, during that reorganization, 
a regulatory reference in the definition of ``charter vessel'' in Sec.  
622.2, was inadvertently not updated as needed. The current charter 
vessel definition includes a reference to Sec.  622.4(a)(2) as the 
provision that specifies the required commercial permits under the 
various fishery management plans. Although Sec.  622.4(a)(2) addressed 
all of the required commercial permits before the 2013 reorganization, 
that provision now refers to operator permits. The reorganization of 
the regulations removed the various commercial permit provisions from 
Sec.  622.4 and placed them in the appropriate subparts throughout part 
622. This proposed rule would update the regulatory reference in the 
definition of charter vessel in Sec.  622.2 to refer to commercial 
permits ``as required under this part''. This update in language would 
make the regulatory reference in the definition of charter vessel 
consistent with the current regulatory definition for headboat in Sec.  
622.2.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 43, other provisions of the Magnuson-Stevens 
Act, and other applicable laws, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the RFA, 5 U.S.C. 
603. The IRFA describes the economic impact this proposed rule, if 
adopted, would have on small entities. A description of the action, why 
it is being considered, the objectives of, and legal basis for this 
action are contained at the beginning of this section in the preamble 
and in the SUMMARY section of the preamble. A copy of the full analysis 
is available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. In addition, no new reporting or record-
keeping requirements are introduced by this proposed rule.
    This proposed rule would directly affect all vessels with a Gulf 
Federal commercial reef fish permit that harvest hogfish. A Federal 
commercial reef fish permit is required for commercial vessels to 
harvest reef fish species, including hogfish, in the Gulf EEZ. Over the 
period 2010 through 2014, the number of vessels with recorded 
commercial harvests of hogfish in the Gulf EEZ ranged from 55 in 2010 
to 75 in 2014, or an average of 61 vessels per year, based on mandatory 
Federal logbook data. The average annual revenue per vessel from the 
harvest of all finfish species during this period by these vessels was 
approximately $35,600 (this estimate and all subsequent monetary 
estimates in this analysis are in 2014 dollars), of which approximately 
$2,200 was derived from the harvest of hogfish.
    NMFS has not identified any other small entities that might be 
directly affected by this proposed rule. Although recreational anglers 
would be directly affected by the actions in this proposed rule, 
recreational anglers are not small entities under the RFA. The actions 
in this proposed rule would not directly apply to or change the 
operation of the charter vessel and headboat (for-hire) component of 
the recreational sector or the service this component provides, which 
is providing a platform to fish for and retain those fish which are 
caught and within legal allowances. Although angler demand for for-hire 
services could be affected by the management changes in this proposed 
rule, the resultant effects on for-hire businesses would be indirect 
consequences of this proposed rule.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing. A business primarily engaged in 
commercial fishing (NAICS code 11411) 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 $11 million for all its affiliated operations 
worldwide. All commercial fishing vessels expected to be directly 
affected by this proposed rule are believed to be small business 
entities.
    This proposed rule contains four actions pertaining to the 
management of the West Florida hogfish stock in the Gulf: Defining the 
hogfish FMU, establishing the stock ACL, setting the minimum size 
limit, and prohibiting the harvest of hogfish with powerheads in the 
reef fish stressed area. Two of these actions, defining the FMU and 
prohibiting the use of powerheads, would not be expected to have any 
direct economic effects on any small entities.
    Defining the FMU is an administrative action that forms the 
platform from which subsequent harvest regulations, such as the ACL and 
minimum size limit, are based. Although direct economic effects may 
accrue due to the imposition and change of these harvest regulations, 
these effects would be indirect consequences of defining the

[[Page 84542]]

FMU. Indirect effects are outside the scope of the RFA.
    Prohibiting the use of powerheads would not be expected to directly 
affect any small entities because powerheads are not expected to be a 
gear used to harvest hogfish. The use of powerheads for the harvest of 
other reef fish species in these areas is currently prohibited and, 
because of the small size of hogfish, powerheads would be expected to 
result in excessive damage to the fish and adversely affect its market 
quality. Thus, it is not expected that any hogfish in the reef fish 
stressed area are commercially harvested using powerheads, and the 
proposed prohibition would not be expected to reduce revenue to any 
commercial fishermen.
    The proposed changes in the West Florida hogfish stock ACL and 
minimum size limit have independent and interactive effects. The 
proposed West Florida hogfish stock ACL would be expected to result in 
an increase in total (all vessels) commercial fishing revenue for 2016 
through 2018 fishing years by approximately $8,900 per year, followed 
by a decrease in revenue of approximately $39,300 in 2019, and 
thereafter until the stock ACL (or other management aspect) is changed. 
The proposed minimum size limit would be expected to reduce commercial 
harvest by 17 percent, resulting in a decrease in commercial revenue 
each year if vessels are unable to compensate for the increased minimum 
size limit. Independent of the proposed West Florida hogfish stock ACL, 
the proposed minimum size limit would be expected to result in a 
decrease in total (all vessels) commercial revenue of approximately 
$28,500 per year.
    In combination, the proposed revisions to the West Florida hogfish 
stock ACL and minimum size limit would be expected to result in a 
decrease in total (all vessels) commercial revenue of approximately 
$21,100 per year for 2016 through 2018 and approximately $61,100 in 
2019 and each year thereafter until the stock ACL (or other management 
aspect) is changed. As previously stated, these projected reductions 
assume an inability of fishermen to benefit from the full proposed 
increase in the ACL due to the proposed increase in the minimum size 
limit, as well as compensate for the effects of the larger minimum size 
limit on their normal harvests (i.e., pre-ACL increase). Averaged 
across the number of small business entities expected to be directly 
affected by this proposed action (55-75 entities, or an average of 61 
entities per year), the expected reduction in revenue each year for 
2016 through 2018 would range from $282 (75 entities) to $384 (55 
entities) per year, or an average of $347 (61 entities). For 2019, and 
thereafter, the expected average reduction would range from $814 (75 
entities) to $1,111 (55 entities) per year, or an average of $1,001 (61 
entities).
    Compared to the average annual revenue per vessel from all 
commercial fishing (approximately $35,600), the expected reduction in 
revenue per year as a result of the proposed West Florida hogfish stock 
ACL and minimum size limit would average approximately one percent of 
average annual total revenue for 2016 through 2018. For 2019, and 
thereafter, the average expected reduction in annual revenue would be 
approximately three percent of average annual total revenue.
    In conjunction with the proposed ACL for the West Florida stock, 
this proposed rule would eliminate the ACT (i.e., an ACT would not be 
defined). Although this would eliminate the current West Florida 
hogfish ACT, the hogfish ACT is not currently used as a fishing 
restraint and does not affect the harvest of hogfish, or associated 
revenue, in the Gulf. As a result, not defining an ACT would not be 
expected to have any economic effects on any small entities.
    In addition to the four actions that pertain to the management of 
hogfish in the Gulf, this proposed rule would make a minor revision to 
the definition of a charter vessel. A regulatory reference within the 
definition of charter vessel was inadvertently not updated when the 
regulations at 50 CFR part 622 were reorganized in 2013 (78 FR 57534, 
September 19, 2013). This revision would be editorial in nature and 
would not be expected to have any direct effect on any small entities.
    Because the proposed actions to define the Gulf hogfish FMU, 
specify the SDC for the West Florida hogfish stock, prohibit the use of 
powerheads to harvest hogfish in the reef fish stressed area, and 
revise the definition of charter vessel would not be expected to have 
any direct adverse economic effects on any small entities, the issue of 
significant alternatives is not relevant.
    Four alternatives, including no action, were considered for the 
action to set the West Florida hogfish stock ACL. Each of these 
alternatives included options to set the West Florida hogfish ACT, and 
the option selected by the Gulf Council was to not define an ACT. As 
previously discussed, the current ACT does not restrict harvest. Thus, 
not defining an ACT would not be expected to have any direct economic 
effects, and the issue of significant alternatives (or options) is not 
relevant.
    The first alternative (no action) to the proposed ACL for the West 
Florida hogfish stock would have resulted in less revenue to commercial 
fishermen in 2016 through 2018, and more revenue in 2019, and 
thereafter than the proposed change. Cumulatively (2016 through 2019 
and thereafter), this alternative would have resulted in more 
commercial fishing revenue than the proposed ACL. However, this 
alternative was not selected by the Gulf Council because it would not 
enable the increase in stock ACL for the West Florida hogfish stock 
resulting from SEDAR 37. Under the proposed rule, the ACL in 2019 will 
be substantially reduced from the 2017 and 2018 ACL if a new hogfish 
assessment is not completed. This may suggest the ``no action'' ACL 
would be preferable to the proposed ACL. However, retaining the ``no 
action'' ACL in 2019 and beyond would have been inconsistent with the 
ABC recommendations provided by the Council's SSC. In addition, the 
Council expects a new assessment to be completed in sufficient time to 
avoid the scheduled reduction to the ACL beginning in the 2019 fishing 
year.
    The second alternative to the proposed ACL for the West Florida 
hogfish stock would set the ACL higher in 2016 and reduce it 
thereafter, until it reached the lowest level in 2019. This alternative 
would be expected to result in increased commercial fishing revenue in 
2016, decreased revenue in 2017 and 2018, and the same revenue in 2019, 
and thereafter compared to the proposed ACL. This alternative was not 
adopted by the Gulf Council because it would require successive 
reductions in the ACL in 2017 and 2018 (after the initial increase in 
2016), in addition to the reduction in 2019, common to both this 
alternative and the proposed ACL. The Gulf Council determined that 
employing a constant ACL for the 2016 through 2018 fishing years would 
result in greater economic stability for affected fishermen and 
associated businesses.
    Finally, the fourth alternative to the proposed ACL for the West 
Florida hogfish stock would set the ACL at the lowest level, resulting 
in less revenue in 2016 through 2018, and the same revenue in 2019, and 
thereafter compared to the proposed ACL. This alternative was not 
selected because it would unnecessarily limit hogfish harvest and cause 
greater economic losses than the proposed ACL.
    Four alternatives, including no action, were considered for the 
action to change the hogfish minimum size limit. The Gulf Council 
determined that slowing

[[Page 84543]]

the hogfish directed harvest rate was prudent to reduce the likelihood 
that the ACL is exceeded, thus triggering AMs. Exceeding the ACL may 
require an AM closure in the following year, and the Gulf Council 
determined that a closure is more economically harmful than reducing 
the harvest rate to help ensure a longer open season. Therefore, to 
reduce the harvest rate, the Gulf Council is proposing to increase the 
hogfish minimum size limit.
    The first alternative (no action) to the proposed minimum size 
limit would not change the minimum size limit, would not reduce the 
harvest rate, and would not achieve the Gulf Council's objective. Two 
other minimum size limits were considered in Amendment 43, each of 
which are higher than the current and proposed size limits. Because 
these alternatives would result in a higher minimum size limit than the 
Council's preferred alternative, each would be expected to result in 
greater reductions in hogfish harvest and associated revenue. These 
alternatives were not adopted because the Gulf Council concluded that 
the resultant reductions in the hogfish harvest rate would be greater 
than necessary, and would result in excessive adverse economic effects 
on fishermen and associated businesses.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf of Mexico, Hogfish, 
Recreational, South Atlantic.

    Dated: November 16, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.1, revise the Table 1 entry for ``FMP for the Reef Fish 
Resources of the Gulf of Mexico'', and add footnote 7 to Table 1 to 
read as follows:


Sec.  622.1  Purpose and scope.

* * * * *

        Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                                      Responsible
            FMP title             fishery management    Geographic area
                                      council(s)
------------------------------------------------------------------------
 
                              * * * * * * *
FMP for the Reef Fish Resources   GMFMC.............  Gulf.1 3 4 7
 of the Gulf of Mexico.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data
  collection and quota monitoring.
* * * * * * *
\3\ Regulated area includes adjoining state waters for Gulf red snapper
  harvested or possessed by a person aboard a vessel for which a Gulf
  red snapper IFQ vessel account has been established or possessed by a
  dealer with a Gulf IFQ dealer endorsement.
\4\ Regulated area includes adjoining state waters for Gulf groupers and
  tilefishes harvested or possessed by a person aboard a vessel for
  which an IFQ vessel account for Gulf groupers and tilefishes has been
  established or possessed by a dealer with a Gulf IFQ dealer
  endorsement.
* * * * * * *
\7\ Hogfish are managed by the FMP in the Gulf EEZ except south of
  25[deg]09' N. lat. off the west coast of Florida. Hogfish in the
  remainder of the Gulf EEZ south of 25[deg]09' N. lat. off the west
  coast of Florida are managed under the FMP for the Snapper-Grouper
  Fishery of the South Atlantic Region.

0
3. In Sec.  622.2, revise the first two sentences in the definition of 
Charter vessel to read as follows:


Sec.  622.2   Definitions and acronyms.

* * * * *
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that is subject to the requirements of the USCG to carry six or fewer 
passengers for hire and that engages in charter fishing at any time 
during the calendar year. A charter vessel with a commercial permit, as 
required under this part, is considered to be operating as a charter 
vessel when it carries a passenger who pays a fee or when there are 
more than three persons aboard, including operator and crew, except for 
a charter vessel with a commercial vessel permit for Gulf reef fish or 
South Atlantic snapper-grouper. * * *
* * * * *
0
4. In Sec.  622.34, add paragraph (g) to read as follows:


Sec.  622.34   Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (g) Recreational sector for hogfish in the Gulf EEZ south of 
25[deg]09' N. lat. off the west coast of Florida. See Sec.  
622.183(b)(4) for the applicable seasonal closures.
0
5. In Sec.  622.35, revise paragraph (a)(1) to read as follows:


Sec.  622.35   Gear restricted areas.

    (a) * * *
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area.
* * * * *
0
6. In Sec.  622.37, revise paragraph (c)(2) to read as follows:


Sec.  622.37   Size limits.

* * * * *
    (c) * * *
    (2) Hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida--14 inches (40.6 cm), fork length. See Sec.  
622.185(c)(3)(ii) for the hogfish size limit in the Gulf EEZ south of 
25[deg]09' N. lat. off the west coast of Florida.
* * * * *
0
7. In Sec.  622.38, revise paragraph (b)(7) to read as follows:


Sec.  622.38   Bag and possession limits.

* * * * *
    (b) * * *

[[Page 84544]]

    (7) Hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida--5. See Sec.  622.187(b)(3)(ii) for the 
hogfish bag and possession limits in the Gulf EEZ south of 25[deg]09' 
N. lat. off the west coast of Florida.
* * * * *
0
8. In Sec.  622.41, revise paragraph (p) to read as follows:


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

* * * * *
    (p) Hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
then during the following fishing year, if the sum of commercial and 
recreational landings reaches or is projected to reach the stock ACL, 
the AA will file a notification with the Office of the Federal Register 
to close the commercial and recreational sectors for the remainder of 
that fishing year. For the 2016 through 2018 fishing years, the stock 
ACL for hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida is 219,000 lb (99,337 kg), round weight. For 
the 2019 and subsequent fishing years, the stock ACL for hogfish in the 
Gulf EEZ except south of 25[deg]09' N. lat. off the west coast of 
Florida is 159,300 lb (72,257 kg), round weight. See Sec.  
622.193(u)(2) for the ACLs, ACT, and AMs for hogfish in the Gulf EEZ 
south of 25[deg]09' N. lat. off the west coast of Florida.
* * * * *
0
9. In Sec.  622.43, add paragraph (c) to read as follows:


Sec.  622.43   Commercial trip limits.

* * * * *
    (c) Hogfish in the Gulf EEZ south of 25[deg]09' N. lat. off the 
west coast of Florida--see Sec.  622.191(a)(12) for the applicable 
commercial trip limit.
[FR Doc. 2016-28173 Filed 11-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    84538             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    expertise in the subject area as well as                fees. Where Amtrak reasonably believes                Atlantic Council) proposed boundary
                                                    the requester’s intention to effectively                that a requester or a group of requesters             between the Florida Keys/East Florida
                                                    convey information to the public shall                  acting in concert is attempting to divide             and West Florida stocks, set the annual
                                                    be considered. It shall be presumed that                a request into a series of requests for the           catch limit (ACL) for the West Florida
                                                    a representative of the news media will                 purpose of avoiding fees, Amtrak may                  stock, increase the minimum size limit
                                                    satisfy this consideration.                             aggregate those requests and charge                   for the proposed West Florida stock, and
                                                       (iv) The significance of the                         accordingly. Amtrak may presume that                  remove the powerhead exception for
                                                    contribution to public understanding—                   multiple requests of this type made                   harvest of hogfish in the Gulf reef fish
                                                    whether the disclosure is likely to                     within a thirty-day period have been                  stressed area. This proposed rule would
                                                    contribute significantly to public                      made in order to avoid fees. Where                    also correct a reference in the regulatory
                                                    understanding of Amtrak operations or                   requests are separated by a longer                    definition for charter vessel. The
                                                    activities. The public’s understanding of               period, Amtrak may aggregate them only                purpose of this proposed rule is to
                                                    the subject in question, as compared to                 when there exists a reasonable basis for              manage hogfish using the best scientific
                                                    the level of public understanding                       determining that aggregation is                       information available.
                                                    existing prior to the disclosure, must be               warranted in view of all the                          DATES: Written comments must be
                                                    enhanced by the disclosure to a                         circumstances involved. Multiple                      received by December 23, 2016.
                                                    significant extent.                                     requests involving unrelated matters                  ADDRESSES: You may submit comments
                                                       (4) To determine whether the fee                     may not be aggregated.
                                                    waiver requirement in paragraph                                                                               on the proposed rule identified by
                                                    (k)(2)(ii) of this section is met, Amtrak               § 701.12.   Other rights and services.                ‘‘NOAA–NMFS–2016–0126’’ by either
                                                    will consider the following factors:                                                                          of the following methods:
                                                                                                               Nothing in this part shall be                         • Electronic Submission: Submit all
                                                       (i) The existence and magnitude of a                 construed as entitling any person, as of
                                                    commercial interest—whether the                                                                               electronic public comments via the
                                                                                                            right, to any service or the disclosure of            Federal e-Rulemaking Portal. Go to
                                                    requesting party has a commercial                       any record to which such person is not
                                                    interest that would be furthered by the                                                                       www.regulations.gov/
                                                                                                            entitled under the FOIA.                              #!docketDetail;D=NOAA-NMFS-2016-
                                                    requested disclosure. Amtrak shall
                                                                                                              Dated: November 10, 2016.                           0126, click the ‘‘Comment Now!’’ icon,
                                                    consider any commercial interest of the
                                                    requesting party (with reference to the                 Eleanor D. Acheson,                                   complete the required fields, and enter
                                                    definition of ‘‘commercial use’’ in                     Executive Vice President, Chief Legal Officer,        or attach your comments.
                                                    paragraph (c)(1) of this section) or any                General Counsel & Corporate Secretary.                   • Mail: Submit all written comments
                                                    person on whose behalf the requesting                   [FR Doc. 2016–27620 Filed 11–22–16; 8:45 am]          to Peter Hood, NMFS Southeast
                                                    party may be acting that would be                       BILLING CODE 9600–51–P                                Regional Office, 263 13th Avenue
                                                    furthered by the requested disclosure.                                                                        South, St. Petersburg, FL 33701.
                                                                                                                                                                     Instructions: Comments sent by any
                                                    Requesters shall be given an
                                                                                                            DEPARTMENT OF COMMERCE                                other method, to any other address or
                                                    opportunity to provide explanatory
                                                                                                                                                                  individual, or received after the end of
                                                    information regarding this
                                                                                                            National Oceanic and Atmospheric                      the comment period, may not be
                                                    consideration.
                                                       (ii) The primary interest in                         Administration                                        considered by NMFS. All comments
                                                    disclosure—whether the magnitude of                                                                           received are a part of the public record
                                                    the identified commercial interest of the               50 CFR Part 622                                       and will generally be posted for public
                                                    requester is sufficiently large in                                                                            viewing on www.regulations.gov
                                                                                                            [Docket No. 160630574–6574–01]                        without change. All personal identifying
                                                    comparison with the public interest in
                                                    disclosure, that disclosure is ‘‘primarily              RIN 0648–BG18                                         information (e.g., name, address, etc.),
                                                    in the commercial interest of the                                                                             confidential business information, or
                                                                                                            Fisheries of the Caribbean, Gulf of                   otherwise sensitive information
                                                    requester.’’ A fee waiver or reduction is
                                                                                                            Mexico, and South Atlantic; Reef Fish                 submitted voluntarily by the sender will
                                                    justified where the public interest
                                                                                                            Fishery of the Gulf of Mexico; Hogfish                be publicly accessible. NMFS will
                                                    standard is satisfied and public interest
                                                                                                            Management Measures                                   accept anonymous comments (enter ‘‘N/
                                                    is greater in magnitude than any
                                                    identified commercial interest in                       AGENCY:  National Marine Fisheries                    A’’ in the required fields if you wish to
                                                    disclosure.                                             Service (NMFS), National Oceanic and                  remain anonymous).
                                                       (5) Requests for a fee waiver will be                                                                         Electronic copies of Amendment 43,
                                                                                                            Atmospheric Administration (NOAA),
                                                    considered on a case-by-case basis,                                                                           which includes an environmental
                                                                                                            Commerce.
                                                    based upon the merits of the                                                                                  assessment, a fishery impact statement,
                                                                                                            ACTION: Proposed rule; request for
                                                    information provided. Where it is                                                                             a Regulatory Flexibility Act (RFA)
                                                                                                            comments.                                             analysis, and a regulatory impact
                                                    difficult to determine whether the
                                                    request is commercial in nature, Amtrak                 SUMMARY:   NMFS proposes to implement                 review, may be obtained from the
                                                    may draw inference from the requester’s                 management measures described in                      Southeast Regional Office Web site at
                                                    identity and the circumstances of the                   Amendment 43 to the Fishery                           http://sero.nmfs.noaa.gov/sustainable_
                                                    request.                                                Management Plan for the Reef Fish                     fisheries/gulf_fisheries/reef_fish/2016/
                                                       (6) Requests for a waiver or reduction               Resources of the Gulf of Mexico                       am43/index.html.
                                                    of fees must address the factors listed in              (Gulf)(FMP), as prepared by the Gulf of               FOR FURTHER INFORMATION CONTACT:
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    paragraphs (k) (3) and (4) of this section.             Mexico Fishery Management Council                     Peter Hood, NMFS Southeast Regional
                                                    In all cases, the burden shall be on the                (Gulf Council)(Amendment 43). This                    Office, telephone: 727–824–5305, email:
                                                    requesting party to present evidence of                 proposed rule would revise the                        peter.hood@noaa.gov.
                                                    information in support of a request for                 geographic range of the fishery                       SUPPLEMENTARY INFORMATION: NMFS and
                                                    a waiver of fees.                                       management unit (FMU) for Gulf                        the Council manage the Gulf reef fish
                                                       (l) Aggregating requests. A requester                hogfish (the West Florida stock)                      fishery, which includes hogfish, under
                                                    may not file multiple requests at the                   consistent with the South Atlantic                    the FMP. The Council prepared the FMP
                                                    same time in order to avoid payment of                  Fishery Management Council’s (South                   and NMFS implements the FMP


                                               VerDate Sep<11>2014   16:51 Nov 22, 2016   Jkt 241001   PO 00000   Frm 00033   Fmt 4702   Sfmt 4702   E:\FR\FM\23NOP1.SGM   23NOP1


                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                           84539

                                                    through regulations at 50 CFR part 622                  coast of Florida. Based on SEDAR 37                   which is just south of Cape Sable,
                                                    under the authority of the Magnuson                     and the Gulf and South Atlantic                       Florida, on the west coast of Florida.
                                                    Stevens Fishery Conservation and                        Councils’ Scientific and Statistical                  The Gulf Council would manage hogfish
                                                    Management Act (Magnuson-Stevens                        Committee (SSC) recommendations,                      (the West Florida stock) in the Gulf EEZ
                                                    Act) (16 U.S.C. 1801 et seq.).                          NMFS determined that the West Florida                 except south of 25°09′ N. lat. off the
                                                                                                            stock is not overfished or undergoing                 west coast of Florida. The South
                                                    Background
                                                                                                            overfishing, the Florida Keys/East                    Atlantic Council would manage hogfish
                                                       The Magnuson-Stevens Act requires                    Florida stock is overfished and                       (the Florida Keys/East Florida stock) in
                                                    NMFS and regional fishery management                    experiencing overfishing, and the status              the Gulf EEZ south of 25°09′ N. lat. off
                                                    councils to prevent overfishing and                     of the Georgia through North Carolina                 the west coast of Florida, and in the
                                                    achieve, on a continuing basis, the                     stock is unknown. NMFS notified the                   South Atlantic EEZ to the state border
                                                    optimum yield from federally managed                    Gulf and South Atlantic Councils of                   of Florida and Georgia. This boundary is
                                                    fish stocks. These mandates are                         these stock status determinations via                 south of the line used in SEDAR 37,
                                                    intended to ensure fishery resources are                letter on February 17, 2015.                          which defined the West Florida stock as
                                                    managed for the greatest overall benefit                   Because only a small portion of the                north of the Monroe and Collier County,
                                                    to the nation, particularly with respect                Florida Keys/East Florida stock extends               Florida, boundary line. Therefore, it is
                                                    to providing food production and                        into the Gulf Council’s jurisdiction off              possible that some fish that are part of
                                                    recreational opportunities, and                         south Florida, the Gulf Council’s SSC                 the Florida Keys/East Florida stock will
                                                    protecting marine ecosystems.                           recommended that the South Atlantic                   be harvested under the regulations set
                                                       Hogfish occur throughout the Gulf but                Council’s SSC take the lead in setting                by the Gulf Council. However, the
                                                    are caught primarily off the Florida west               the overfishing limit (OFL) and                       majority of hogfish landings in Monroe
                                                    coast. Hogfish are managed with a stock                 acceptable biological catch (ABC) for the             County occur in the Florida Keys, and
                                                    ACL and no allocation between the                       Florida Keys/East Florida stock. The                  the proposed boundary is far enough
                                                    commercial and recreational sectors.                    Gulf Council’s SSC reviewed and                       north of the Florida Keys that fishing
                                                    Generally, the fishing season for both                  provided recommendations on the west                  trips originating in the Florida Keys
                                                    sectors is open year-round, January 1                   Florida shelf (Gulf) portion of the stock             rarely travel north of the boundary, and
                                                    through December 31. However,                           assessment.                                           far enough south of Naples and Marco
                                                    accountability measures (AMs) for
                                                                                                            Management Measures Contained in                      Island, Florida, that fishing trips
                                                    hogfish specify that if commercial and
                                                                                                            This Proposed Rule                                    originating from these locations rarely
                                                    recreational landings exceed the stock
                                                                                                                                                                  travel south of the boundary. In
                                                    ACL in a fishing year, then during the                    If implemented, this proposed rule
                                                                                                                                                                  addition, the boundary line proposed by
                                                    following fishing year, if the stock ACL                would: Revise the hogfish FMU
                                                    is reached or is projected to be reached,               managed by the FMP to the West                        the Gulf and South Atlantic Councils is
                                                    the commercial and recreational sectors                 Florida hogfish stock, which includes                 currently used by the FWC as a
                                                    will be closed for the remainder of the                 hogfish in the Gulf exclusive economic                regulatory boundary for certain state-
                                                    fishing year. The hogfish ACL and AMs                   zone (EEZ), except south of a line                    managed species. Using a pre-existing
                                                    were implemented in 2012 (76 FR                         extending due west from 25°09′ N. lat.                management boundary will increase
                                                    82044, December 29, 2011). The AMs                      off the west coast of Florida; specify the            enforceability and help fishermen by
                                                    were triggered when the hogfish ACL                     ACL for the West Florida hogfish stock;               simplifying regulations across adjacent
                                                    was exceeded in 2012, and the 2013                      increase the minimum size limit for the               management jurisdictions.
                                                    season was closed on December 2                         West Florida stock; and remove the                       In accordance with section 304(f) of
                                                    because NMFS determined that the 2013                   powerhead exception for harvest of                    the Magnuson-Stevens Act, the Gulf
                                                    hogfish stock ACL had been harvested                    hogfish in the Gulf reef fish stressed                Council requested that the Secretary of
                                                    (78 FR 72583, December 3, 2013). The                    area.                                                 Commerce designate the South Atlantic
                                                    stock ACL was exceeded again in 2013.                                                                         Council as the responsible Council for
                                                    However, there was no closure in 2014                   Fishery Management Unit                               management of the Florida Keys/East
                                                    and the stock ACL was not exceeded in                      The South Atlantic Council                         Florida hogfish stock in Gulf Federal
                                                    the 2014 or 2015 fishing years.                         developed and submitted for review by                 waters south of 25°09′ N. lat. near Cape
                                                       In 2014, the Florida Fish and Wildlife               the Secretary of Commerce a rebuilding                Sable on the west coast of Florida. If the
                                                    Conservation Commission (FWC)                           plan for the Florida Keys/East Florida                Gulf Council’s request is approved, the
                                                    completed the most recent stock                         stock through Amendment 37 to the                     Gulf Council would continue to manage
                                                    assessment for hogfish through the                      FMP for the Snapper-Grouper Fishery of                hogfish in Federal waters in the Gulf,
                                                    Southeast Data, Assessment, and                         the South Atlantic Region (Amendment                  except in Federal waters south of this
                                                    Review process (SEDAR 37). SEDAR 37                     37). A small portion of the Florida Keys/             boundary. Therefore, the South Atlantic
                                                    divided the hogfish stock into three                    East Florida stock, as defined by the                 Council, and not the Gulf Council,
                                                    stocks based upon genetic analysis as                   SEDAR 37, extends into Gulf waters in                 would establish the management
                                                    follows: the West Florida stock, the                    the Gulf Council’s jurisdiction in south              measures for the entire range of the
                                                    Florida Keys/East Florida stock, and the                Florida. Therefore, in Amendment 43                   Florida Keys/East Florida hogfish stock,
                                                    Georgia through North Carolina stock.                   and this proposed rule, the Gulf Council              including in Federal waters south of
                                                    The West Florida stock is completely                    would revise the hogfish FMU in the                   25°09′ N. lat. near Cape Sable in the
                                                    within the jurisdiction of the Gulf                     Gulf to be the West Florida stock, and                Gulf. Commercial and recreational for-
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Council and the Georgia through North                   would define the geographic range of                  hire vessels fishing for hogfish in Gulf
                                                    Carolina stock is completely within the                 this stock consistent with the South                  Federal waters, i.e., north and west of
                                                    jurisdiction of the South Atlantic                      Atlantic Council’s proposed boundary                  the jurisdictional boundary between the
                                                    Council. The Florida Keys/East Florida                  between the Florida Keys/East Florida                 Gulf and South Atlantic Councils
                                                    stock crosses the two Councils’                         and West Florida hogfish stocks in                    (approximately at the Florida Keys), as
                                                    jurisdictional boundary, with a small                   Amendment 37. This boundary would                     defined at 50 CFR 600.105(c), would
                                                    portion of the stock extending into the                 be a line extending west along 25°09′ N.              still be required to have the appropriate
                                                    Gulf Council’s jurisdiction off the west                lat. to the outer boundary of the EEZ,                Federal Gulf reef fish permits, and


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                                                    84540             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    vessels fishing for hogfish in South                    2016 through 2018 ABC yield streams.                  powerhead prohibition. Sand perch and
                                                    Atlantic Federal waters, i.e., south and                In 2019, and subsequent fishing years,                dwarf sand perch were removed from
                                                    east of the jurisdictional boundary,                    the stock ACL would be set at the                     the FMP in 2011, through the Gulf
                                                    would still be required to have the                     equilibrium ABC of 159,300 lb (72,257                 Council’s Generic ACL/AM Amendment
                                                    appropriate Federal South Atlantic                      kg), round weight. The Council decided                (76 FR 82043, December 29, 2011),
                                                    snapper-grouper permits. Those permit                   to discontinue the designation of an                  leaving only hogfish subject to the
                                                    holders would still be required to follow               ACT, because it is not used in the                    powerhead exemption.
                                                    the sale and reporting requirements                     current AMs or for other management                      This proposed rule would remove the
                                                    associated with the respective permits.                 purposes.                                             provision that exempts hogfish from the
                                                      NMFS specifically seeks public                                                                              prohibition on the use of powerheads to
                                                    comment regarding the revised stock                     Minimum Size Limit                                    take Gulf reef fish in the Gulf reef fish
                                                    boundaries and the manner in which                         Although the West Florida hogfish                  stressed area. By removing the
                                                    the Councils would have jurisdiction                    stock is not overfished or undergoing                 powerhead exemption for hogfish,
                                                    over these stocks if both Amendment 37                  overfishing, the stock could be subject               hogfish would be subject to the same
                                                    for the South Atlantic Council and                      to seasonal closures if landings exceed               regulations for Gulf reef fish in the
                                                    Amendment 43 for the Gulf Council are                   the stock ACL and AMs are triggered.                  stressed area as other species in the reef
                                                    approved and implemented. NMFS                          The Gulf Council’s Reef Fish Advisory                 fish FMU. The stressed area begins at
                                                    published notices of availability,                      Panel recommended increasing the                      the shoreward boundary of Federal
                                                    seeking comments on Amendment 37                        minimum size limit in Federal waters                  waters and generally follows the 10-
                                                    and Amendment 43, on October 7, 2016,                   from 12 inches (30.5 cm), fork length                 fathom contour from the Dry Tortugas to
                                                    and November 4, 2016, respectively (81                  (FL), to 14 inches (35.6 cm), FL, to                  Sanibel Island, Florida; the 20-fathom
                                                    FR 69774 and 81 FR 76908).                              reduce the directed harvest rate and                  contour to Tarpon Springs, Florida; the
                                                                                                            reduce the probability of exceeding the               10-fathom contour to Cape San Blas,
                                                    Annual Catch Limit                                      ACL. This minimum size limit increase                 Florida; the 25-fathom contour to south
                                                       The current stock ACL and annual                     was also supported in public testimony                of Mobile Bay, Alabama; the 13-fathom
                                                    catch target (ACT) for Gulf hogfish were                by fishermen. The minimum size limit                  contour to Ship Island, Mississippi; the
                                                    established based on 1999–2008                          increase is projected to reduce the                   10-fathom contour off Louisiana; and
                                                    landings. The ACL and ACT were set                      recreational harvest rate by 10 to 35                 the 30-fathom contour off Texas. The
                                                    using the Gulf Council’s ABC control                    percent and reduce the commercial                     original FMP established the stressed
                                                    rule for stocks that have not been                      harvest rate by 6 to 28 percent,                      area for purposes of preventing the
                                                    assessed, but are stable over time, or are              depending upon time of year and type                  localized depletion of reef fish stocks in
                                                    unlikely to undergo overfishing at                      of fishing. This action has an additional             nearshore waters, and to reduce the
                                                    current average levels. The SEDAR 37                    benefit of allowing hogfish to grow                   potential for gear conflicts (49 FR 39548,
                                                    projections produced annual yields for                  larger and have an additional spawning                October 9, 1984). The coordinates for
                                                    OFL and ABC for the West Florida                        opportunity before being susceptible to               the reef fish stressed area are provided
                                                    hogfish stock for the 2016 through 2026                 harvest.                                              in 50 CFR part 622, Table 2 in Appendix
                                                    fishing years are based on an overfishing                                                                     B.
                                                    threshold of the fishing morality rate (F)              Powerhead Exemption
                                                    at 30 percent spawning potential ratio                     Currently, as described at 50 CFR                  Management Measures Contained in
                                                    (F30%SPR). However, because of                          622.35(a), a regulatory exemption allows              Amendment 43 But Not Codified
                                                    increasing uncertainty with long-range                  for the harvest of hogfish using                      Through This Proposed Rule
                                                    projections, the Gulf Council’s SSC only                powerheads in the reef fish stressed                    Amendment 43 would also specify
                                                    provided OFL and ABC                                    area. The powerhead exemption is a                    hogfish status determination criteria
                                                    recommendations for the West Florida                    regulatory holdover from when hogfish                 (SDC) for the hogfish West Florida
                                                    hogfish stock for the first 3 years, 2016               were listed in the regulations as a                   stock. The minimum stock size
                                                    through 2018. The 2016–2018 OFLs                        ‘‘species in the fishery but not in the               threshold (MSST) and maximum fishing
                                                    were 257,100 lb (116,619 kg), 229,400 lb                reef fish fishery management unit.’’                  mortality threshold (MFMT) are used to
                                                    (104,054 kg), and 211,000 lb (95,708 kg),               Amendment 15 to the FMP (62 FR                        determine if a stock is overfished or
                                                    round weight, respectively, and the                     67714, December 30, 1997) removed 25                  undergoing overfishing, respectively. If
                                                    2016–2018 ABCs were 240,400 lb                          reef fish species and left 4 species                  the stock biomass falls below the MSST,
                                                    (109,044 kg), 216,800 lb (98,339 kg), and               (hogfish, queen triggerfish, sand perch,              then the stock is considered overfished
                                                    200,800 lb (91,081 kg), round weight,                   and dwarf sand perch) in the category                 and the Gulf Council would then need
                                                    respectively. The Gulf Council’s SSC                    of ‘‘species in the fishery but not the               to develop a rebuilding plan capable of
                                                    also made constant catch OFL and ABC                    management unit.’’ Amendment 15 to                    returning the stock to a level that allows
                                                    recommendations based on the averages                   the FMP also included a provision that                the stock to produce maximum
                                                    of the 2016–2018 OFLs and ABCs of                       reinstated the allowance of powerheads                sustainable yield (MSY) on a continuing
                                                    232,000 lb (105,233 kg), and 219,000 lb                 in the reef fish stressed area to harvest             basis. If fishing mortality exceeds the
                                                    (99,337 kg), round weight, respectively.                these four reef fish species. In 1999,                MFMT, a stock is considered to be
                                                    For 2019, and subsequent years, the SSC                 Amendment 16B to the FMP (64 FR                       undergoing overfishing because this
                                                    recommended an OFL and ABC set at                       57403, October 10, 1999) removed the                  level of fishing mortality, if continued,
                                                    the equilibrium yield of 161,900 lb                     distinction between reef fish species in              would reduce the stock biomass to an
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                                                    (73,028 kg), and 159,300 lb (72,257 kg),                the management unit and those in the                  overfished condition.
                                                    round weight, respectively.                             fishery but not in the management unit                  Currently, the only SDC implemented
                                                       The proposed rule would set the ACL                  and also removed queen triggerfish from               for Gulf hogfish is the overfishing
                                                    for the West Florida hogfish stock at                   the FMU. Even though the ‘‘species in                 threshold, or MFMT. This threshold was
                                                    219,000 lb (99,337 kg), round weight, for               the fishery but not the management                    approved by NMFS through the Gulf
                                                    the 2017 and 2018 fishing years and is                  unit’’ category no longer existed, the                Council’s Sustainable Fisheries Act
                                                    based on the Gulf Council’s SSC ABC                     other three species from this category                Generic Amendment on November 17,
                                                    recommendations that averaged the                       continued to be listed as exempt from                 1999. The overfished threshold, or


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                                                                      Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                          84541

                                                    MSST, and MSY in the Sustainable                        commercial permits under the various                  revenue per vessel from the harvest of
                                                    Fisheries Act Generic Amendment were                    fishery management plans. Although                    all finfish species during this period by
                                                    disapproved because these values were                   § 622.4(a)(2) addressed all of the                    these vessels was approximately
                                                    not biomass based.                                      required commercial permits before the                $35,600 (this estimate and all
                                                       In setting SDC in Amendment 43, the                  2013 reorganization, that provision now               subsequent monetary estimates in this
                                                    Council selected the spawning potential                 refers to operator permits. The                       analysis are in 2014 dollars), of which
                                                    ratio (SPR) as the basis for an MSY                     reorganization of the regulations                     approximately $2,200 was derived from
                                                    proxy. The SPR is calculated as the                     removed the various commercial permit                 the harvest of hogfish.
                                                    average number of eggs per fish over its                provisions from § 622.4 and placed                       NMFS has not identified any other
                                                    lifetime when the stock is fished                       them in the appropriate subparts                      small entities that might be directly
                                                    compared to the average number of eggs                  throughout part 622. This proposed rule               affected by this proposed rule. Although
                                                    per fish over its lifetime when the stock               would update the regulatory reference                 recreational anglers would be directly
                                                    is not fished. The SPR assumes that a                   in the definition of charter vessel in                affected by the actions in this proposed
                                                    certain amount of fish must survive and                 § 622.2 to refer to commercial permits                rule, recreational anglers are not small
                                                    spawn in order to replenish the stock.                  ‘‘as required under this part’’. This                 entities under the RFA. The actions in
                                                    Analyses of stocks with various life                    update in language would make the                     this proposed rule would not directly
                                                    histories suggest that, in general, SPR                 regulatory reference in the definition of             apply to or change the operation of the
                                                    levels of 30 to 40 percent are most                     charter vessel consistent with the                    charter vessel and headboat (for-hire)
                                                    commonly associated with MSY.                           current regulatory definition for                     component of the recreational sector or
                                                    Amendment 43 proposes to use the                        headboat in § 622.2.                                  the service this component provides,
                                                    equilibrium yield from fishing at                                                                             which is providing a platform to fish for
                                                    FF30%SPR as a proxy for MSY. This proxy                 Classification
                                                                                                                                                                  and retain those fish which are caught
                                                    is consistent to that used in SEDAR 37                     Pursuant to section 304(b)(1)(A) of the            and within legal allowances. Although
                                                    and is consistent with the MSY proxy                    Magnuson-Stevens Act, the NMFS                        angler demand for for-hire services
                                                    commonly used for reef fish species.                    Assistant Administrator has determined
                                                                                                                                                                  could be affected by the management
                                                       Both the proposed hogfish MFMT and                   that this proposed rule is consistent
                                                                                                                                                                  changes in this proposed rule, the
                                                    MSST are based on this MSY proxy. The                   with Amendment 43, other provisions
                                                                                                                                                                  resultant effects on for-hire businesses
                                                    current MFMT value of FF30%SPR for                      of the Magnuson-Stevens Act, and other
                                                                                                                                                                  would be indirect consequences of this
                                                    hogfish is already consistent with the                  applicable laws, subject to further
                                                                                                                                                                  proposed rule.
                                                    MSY proxy and is not being changed in                   consideration after public comment.
                                                                                                               This proposed rule has been                           For RFA purposes only, NMFS has
                                                    Amendment 43. To be consistent with
                                                                                                            determined to be not significant for                  established a small business size
                                                    the MSY proxy, the MSST needs to be
                                                    equal to or reduced from the spawning                   purposes of Executive Order 12866.                    standard for businesses, including their
                                                    stock biomass (SSB) capable of                             NMFS prepared an initial regulatory                affiliates, whose primary industry is
                                                    producing an equilibrium yield when                     flexibility analysis (IRFA) for this                  commercial fishing. A business
                                                    fished at FF30%SPR (SSBF30%SPR). The                    proposed rule, as required by section                 primarily engaged in commercial fishing
                                                    closer the MSST value is to SSBF30%SPR,                 603 of the RFA, 5 U.S.C. 603. The IRFA                (NAICS code 11411) is classified as a
                                                    the more likely a stock could be                        describes the economic impact this                    small business if it is independently
                                                    mistakenly declared overfished due to                   proposed rule, if adopted, would have                 owned and operated, is not dominant in
                                                    year-to-year fluctuations in SSB                        on small entities. A description of the               its field of operation (including its
                                                    resulting in an unneeded rebuilding                     action, why it is being considered, the               affiliates), and has combined annual
                                                    plan. However, if MSST is set too low,                  objectives of, and legal basis for this               receipts not in excess of $11 million for
                                                    then rebuilding the stock equilibrium                   action are contained at the beginning of              all its affiliated operations worldwide.
                                                    levels could take longer because the                    this section in the preamble and in the               All commercial fishing vessels expected
                                                    difference between SSBF30%SPR and                       SUMMARY section of the preamble. A                    to be directly affected by this proposed
                                                    MSST is larger. Therefore, in                           copy of the full analysis is available                rule are believed to be small business
                                                    Amendment 43, the Gulf Council                          from NMFS (see ADDRESSES). A                          entities.
                                                    determined that setting the MSST at 75                  summary of the IRFA follows.                             This proposed rule contains four
                                                    percent of SSBF30%SPR balanced the                         The Magnuson-Stevens Act provides                  actions pertaining to the management of
                                                    likelihood of declaring the stock as                    the statutory basis for this proposed                 the West Florida hogfish stock in the
                                                    overfished as a result of natural                       rule. No duplicative, overlapping, or                 Gulf: Defining the hogfish FMU,
                                                    variations in stock size with being able                conflicting Federal rules have been                   establishing the stock ACL, setting the
                                                    to allow the stock to recover quickly                   identified. In addition, no new reporting             minimum size limit, and prohibiting the
                                                    from an overfished state.                               or record-keeping requirements are                    harvest of hogfish with powerheads in
                                                                                                            introduced by this proposed rule.                     the reef fish stressed area. Two of these
                                                    Additional Proposed Changes to                             This proposed rule would directly                  actions, defining the FMU and
                                                    Codified Text Not in Amendment 43                       affect all vessels with a Gulf Federal                prohibiting the use of powerheads,
                                                       In 2013, NMFS reorganized the                        commercial reef fish permit that harvest              would not be expected to have any
                                                    regulations in 50 CFR part 622 to                       hogfish. A Federal commercial reef fish               direct economic effects on any small
                                                    improve the organization of the                         permit is required for commercial                     entities.
                                                    regulations and make them easier to use                 vessels to harvest reef fish species,                    Defining the FMU is an administrative
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                                                    (78 FR 57534, September 19, 2013).                      including hogfish, in the Gulf EEZ. Over              action that forms the platform from
                                                    However, during that reorganization, a                  the period 2010 through 2014, the                     which subsequent harvest regulations,
                                                    regulatory reference in the definition of               number of vessels with recorded                       such as the ACL and minimum size
                                                    ‘‘charter vessel’’ in § 622.2, was                      commercial harvests of hogfish in the                 limit, are based. Although direct
                                                    inadvertently not updated as needed.                    Gulf EEZ ranged from 55 in 2010 to 75                 economic effects may accrue due to the
                                                    The current charter vessel definition                   in 2014, or an average of 61 vessels per              imposition and change of these harvest
                                                    includes a reference to § 622.4(a)(2) as                year, based on mandatory Federal                      regulations, these effects would be
                                                    the provision that specifies the required               logbook data. The average annual                      indirect consequences of defining the


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                                                    84542             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    FMU. Indirect effects are outside the                   through 2018 would range from $282                    significant alternatives (or options) is
                                                    scope of the RFA.                                       (75 entities) to $384 (55 entities) per               not relevant.
                                                       Prohibiting the use of powerheads                    year, or an average of $347 (61 entities).               The first alternative (no action) to the
                                                    would not be expected to directly affect                For 2019, and thereafter, the expected                proposed ACL for the West Florida
                                                    any small entities because powerheads                   average reduction would range from                    hogfish stock would have resulted in
                                                    are not expected to be a gear used to                   $814 (75 entities) to $1,111 (55 entities)            less revenue to commercial fishermen in
                                                    harvest hogfish. The use of powerheads                  per year, or an average of $1,001 (61                 2016 through 2018, and more revenue in
                                                    for the harvest of other reef fish species              entities).                                            2019, and thereafter than the proposed
                                                    in these areas is currently prohibited                     Compared to the average annual                     change. Cumulatively (2016 through
                                                    and, because of the small size of                       revenue per vessel from all commercial                2019 and thereafter), this alternative
                                                    hogfish, powerheads would be expected                   fishing (approximately $35,600), the                  would have resulted in more
                                                    to result in excessive damage to the fish               expected reduction in revenue per year                commercial fishing revenue than the
                                                    and adversely affect its market quality.                as a result of the proposed West Florida              proposed ACL. However, this
                                                    Thus, it is not expected that any hogfish               hogfish stock ACL and minimum size                    alternative was not selected by the Gulf
                                                    in the reef fish stressed area are                      limit would average approximately one                 Council because it would not enable the
                                                    commercially harvested using                            percent of average annual total revenue               increase in stock ACL for the West
                                                    powerheads, and the proposed                            for 2016 through 2018. For 2019, and                  Florida hogfish stock resulting from
                                                    prohibition would not be expected to                    thereafter, the average expected                      SEDAR 37. Under the proposed rule, the
                                                    reduce revenue to any commercial                        reduction in annual revenue would be                  ACL in 2019 will be substantially
                                                    fishermen.                                              approximately three percent of average                reduced from the 2017 and 2018 ACL if
                                                       The proposed changes in the West                     annual total revenue.                                 a new hogfish assessment is not
                                                    Florida hogfish stock ACL and                              In conjunction with the proposed                   completed. This may suggest the ‘‘no
                                                    minimum size limit have independent                     ACL for the West Florida stock, this                  action’’ ACL would be preferable to the
                                                    and interactive effects. The proposed                   proposed rule would eliminate the ACT                 proposed ACL. However, retaining the
                                                    West Florida hogfish stock ACL would                                                                          ‘‘no action’’ ACL in 2019 and beyond
                                                                                                            (i.e., an ACT would not be defined).
                                                    be expected to result in an increase in                                                                       would have been inconsistent with the
                                                                                                            Although this would eliminate the
                                                    total (all vessels) commercial fishing                                                                        ABC recommendations provided by the
                                                                                                            current West Florida hogfish ACT, the
                                                    revenue for 2016 through 2018 fishing                                                                         Council’s SSC. In addition, the Council
                                                                                                            hogfish ACT is not currently used as a
                                                    years by approximately $8,900 per year,                                                                       expects a new assessment to be
                                                                                                            fishing restraint and does not affect the
                                                    followed by a decrease in revenue of                                                                          completed in sufficient time to avoid
                                                                                                            harvest of hogfish, or associated
                                                    approximately $39,300 in 2019, and                                                                            the scheduled reduction to the ACL
                                                                                                            revenue, in the Gulf. As a result, not
                                                    thereafter until the stock ACL (or other                                                                      beginning in the 2019 fishing year.
                                                                                                            defining an ACT would not be expected
                                                    management aspect) is changed. The                                                                               The second alternative to the
                                                                                                            to have any economic effects on any                   proposed ACL for the West Florida
                                                    proposed minimum size limit would be
                                                    expected to reduce commercial harvest                   small entities.                                       hogfish stock would set the ACL higher
                                                    by 17 percent, resulting in a decrease in                  In addition to the four actions that               in 2016 and reduce it thereafter, until it
                                                    commercial revenue each year if vessels                 pertain to the management of hogfish in               reached the lowest level in 2019. This
                                                    are unable to compensate for the                        the Gulf, this proposed rule would make               alternative would be expected to result
                                                    increased minimum size limit.                           a minor revision to the definition of a               in increased commercial fishing revenue
                                                    Independent of the proposed West                        charter vessel. A regulatory reference                in 2016, decreased revenue in 2017 and
                                                    Florida hogfish stock ACL, the proposed                 within the definition of charter vessel               2018, and the same revenue in 2019,
                                                    minimum size limit would be expected                    was inadvertently not updated when the                and thereafter compared to the proposed
                                                    to result in a decrease in total (all                   regulations at 50 CFR part 622 were                   ACL. This alternative was not adopted
                                                    vessels) commercial revenue of                          reorganized in 2013 (78 FR 57534,                     by the Gulf Council because it would
                                                    approximately $28,500 per year.                         September 19, 2013). This revision                    require successive reductions in the
                                                       In combination, the proposed                         would be editorial in nature and would                ACL in 2017 and 2018 (after the initial
                                                    revisions to the West Florida hogfish                   not be expected to have any direct effect             increase in 2016), in addition to the
                                                    stock ACL and minimum size limit                        on any small entities.                                reduction in 2019, common to both this
                                                    would be expected to result in a                           Because the proposed actions to                    alternative and the proposed ACL. The
                                                    decrease in total (all vessels)                         define the Gulf hogfish FMU, specify                  Gulf Council determined that employing
                                                    commercial revenue of approximately                     the SDC for the West Florida hogfish                  a constant ACL for the 2016 through
                                                    $21,100 per year for 2016 through 2018                  stock, prohibit the use of powerheads to              2018 fishing years would result in
                                                    and approximately $61,100 in 2019 and                   harvest hogfish in the reef fish stressed             greater economic stability for affected
                                                    each year thereafter until the stock ACL                area, and revise the definition of charter            fishermen and associated businesses.
                                                    (or other management aspect) is                         vessel would not be expected to have                     Finally, the fourth alternative to the
                                                    changed. As previously stated, these                    any direct adverse economic effects on                proposed ACL for the West Florida
                                                    projected reductions assume an inability                any small entities, the issue of                      hogfish stock would set the ACL at the
                                                    of fishermen to benefit from the full                   significant alternatives is not relevant.             lowest level, resulting in less revenue in
                                                    proposed increase in the ACL due to the                    Four alternatives, including no action,            2016 through 2018, and the same
                                                    proposed increase in the minimum size                   were considered for the action to set the             revenue in 2019, and thereafter
                                                    limit, as well as compensate for the                    West Florida hogfish stock ACL. Each of               compared to the proposed ACL. This
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                                                    effects of the larger minimum size limit                these alternatives included options to                alternative was not selected because it
                                                    on their normal harvests (i.e., pre-ACL                 set the West Florida hogfish ACT, and                 would unnecessarily limit hogfish
                                                    increase). Averaged across the number                   the option selected by the Gulf Council               harvest and cause greater economic
                                                    of small business entities expected to be               was to not define an ACT. As previously               losses than the proposed ACL.
                                                    directly affected by this proposed action               discussed, the current ACT does not                      Four alternatives, including no action,
                                                    (55–75 entities, or an average of 61                    restrict harvest. Thus, not defining an               were considered for the action to change
                                                    entities per year), the expected                        ACT would not be expected to have any                 the hogfish minimum size limit. The
                                                    reduction in revenue each year for 2016                 direct economic effects, and the issue of             Gulf Council determined that slowing


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                                                                       Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                                           84543

                                                    the hogfish directed harvest rate was                    preferred alternative, each would be                     PART 622—FISHERIES OF THE
                                                    prudent to reduce the likelihood that                    expected to result in greater reductions                 CARIBBEAN, GULF OF MEXICO, AND
                                                    the ACL is exceeded, thus triggering                     in hogfish harvest and associated                        SOUTH ATLANTIC
                                                    AMs. Exceeding the ACL may require an                    revenue. These alternatives were not
                                                    AM closure in the following year, and                    adopted because the Gulf Council                         ■ 1. The authority citation for part 622
                                                    the Gulf Council determined that a                       concluded that the resultant reductions                  continues to read as follows:
                                                    closure is more economically harmful                     in the hogfish harvest rate would be
                                                    than reducing the harvest rate to help                   greater than necessary, and would result                     Authority: 16 U.S.C. 1801 et seq.
                                                    ensure a longer open season. Therefore,                  in excessive adverse economic effects
                                                                                                                                                                      ■ 2. In § 622.1, revise the Table 1 entry
                                                    to reduce the harvest rate, the Gulf                     on fishermen and associated businesses.
                                                                                                                                                                      for ‘‘FMP for the Reef Fish Resources of
                                                    Council is proposing to increase the                     List of Subjects in 50 CFR Part 622                      the Gulf of Mexico’’, and add footnote
                                                    hogfish minimum size limit.
                                                                                                               Commercial, Fisheries, Fishing, Gulf                   7 to Table 1 to read as follows:
                                                       The first alternative (no action) to the              of Mexico, Hogfish, Recreational, South
                                                    proposed minimum size limit would not                                                                             § 622.1       Purpose and scope.
                                                                                                             Atlantic.
                                                    change the minimum size limit, would                                                                              *       *        *       *       *
                                                    not reduce the harvest rate, and would                     Dated: November 16, 2016.
                                                    not achieve the Gulf Council’s objective.                Samuel D. Rauch III,
                                                    Two other minimum size limits were                       Deputy Assistant Administrator for
                                                    considered in Amendment 43, each of                      Regulatory Programs, National Marine
                                                                                                             Fisheries Service.
                                                    which are higher than the current and
                                                    proposed size limits. Because these                        For the reasons set out in the
                                                    alternatives would result in a higher                    preamble, 50 CFR part 622 is proposed
                                                    minimum size limit than the Council’s                    to be amended as follows:

                                                                                              TABLE 1 TO § 622.1—FMPS IMPLEMENTED UNDER PART 622
                                                                                                                                            Responsible fishery management
                                                                                       FMP title                                                                                                   Geographic area
                                                                                                                                                       council(s)


                                                             *                  *                    *                            *                      *                                *                     *
                                                    FMP for the Reef Fish Resources of the Gulf of Mexico ....................... GMFMC .........................................     Gulf.1 3 4 7

                                                              *                        *                         *                      *                       *                          *                    *
                                                        1 Regulated
                                                                  area includes adjoining state waters for purposes of data collection and quota monitoring.
                                                      *                    *                    *                     *                   *                  *                     *
                                                      3 Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a person aboard a vessel for which a Gulf
                                                    red snapper IFQ vessel account has been established or possessed by a dealer with a Gulf IFQ dealer endorsement.
                                                      4 Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a person aboard a vessel for
                                                    which an IFQ vessel account for Gulf groupers and tilefishes has been established or possessed by a dealer with a Gulf IFQ dealer endorse-
                                                    ment.
                                                      *                    *                    *                     *                   *                  *                     *
                                                      7 Hogfish are managed by the FMP in the Gulf EEZ except south of 25°09′ N. lat. off the west coast of Florida. Hogfish in the remainder of the
                                                    Gulf EEZ south of 25°09’ N. lat. off the west coast of Florida are managed under the FMP for the Snapper-Grouper Fishery of the South Atlantic
                                                    Region.


                                                    ■ 3. In § 622.2, revise the first two                    ■ 4. In § 622.34, add paragraph (g) to                   evidence that such reef fish was taken
                                                    sentences in the definition of Charter                   read as follows:                                         with a powerhead in the stressed area.
                                                    vessel to read as follows:                                                                                        *     *     *      *    *
                                                                                                             § 622.34 Seasonal and area closures
                                                                                                             designed to protect Gulf reef fish.                      ■ 6. In § 622.37, revise paragraph (c)(2)
                                                    § 622.2   Definitions and acronyms.
                                                                                                                                                                      to read as follows:
                                                    *     *     *     *    *                                 *     *     *      *    *
                                                      Charter vessel means a vessel less                       (g) Recreational sector for hogfish in                 § 622.37       Size limits.
                                                    than 100 gross tons (90.8 mt) that is                    the Gulf EEZ south of 25°09′ N. lat. off                 *     *     *      *     *
                                                    subject to the requirements of the USCG                  the west coast of Florida. See                             (c) * * *
                                                    to carry six or fewer passengers for hire                § 622.183(b)(4) for the applicable                         (2) Hogfish in the Gulf EEZ except
                                                    and that engages in charter fishing at                   seasonal closures.                                       south of 25°09′ N. lat. off the west coast
                                                    any time during the calendar year. A                     ■ 5. In § 622.35, revise paragraph (a)(1)                of Florida—14 inches (40.6 cm), fork
                                                    charter vessel with a commercial                         to read as follows:                                      length. See § 622.185(c)(3)(ii) for the
                                                    permit, as required under this part, is                                                                           hogfish size limit in the Gulf EEZ south
                                                    considered to be operating as a charter                  § 622.35      Gear restricted areas.                     of 25°09′ N. lat. off the west coast of
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                                                    vessel when it carries a passenger who                                                                            Florida.
                                                                                                                (a) * * *
                                                    pays a fee or when there are more than                                                                            *     *     *      *     *
                                                    three persons aboard, including operator                    (1) A powerhead may not be used in
                                                                                                                                                                      ■ 7. In § 622.38, revise paragraph (b)(7)
                                                    and crew, except for a charter vessel                    the stressed area to take Gulf reef fish.
                                                                                                                                                                      to read as follows:
                                                    with a commercial vessel permit for                      Possession of a powerhead and a
                                                    Gulf reef fish or South Atlantic snapper-                mutilated Gulf reef fish in the stressed                 § 622.38       Bag and possession limits.
                                                    grouper. * * *                                           area or after having fished in the                       *       *    *           *       *
                                                    *     *     *     *    *                                 stressed area constitutes prima facie                        (b) * * *


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                                                    84544             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                      (7) Hogfish in the Gulf EEZ except                    DEPARTMENT OF COMMERCE                                information (e.g., name, address, etc.),
                                                    south of 25°09′ N. lat. off the west coast                                                                    confidential business information, or
                                                    of Florida—5. See § 622.187(b)(3)(ii) for               National Oceanic and Atmospheric                      otherwise sensitive information
                                                    the hogfish bag and possession limits in                Administration                                        submitted voluntarily by the commenter
                                                    the Gulf EEZ south of 25°09′ N. lat. off                                                                      may be publicly accessible. NMFS will
                                                    the west coast of Florida.                              50 CFR Part 648                                       accept anonymous comments (enter ‘‘N/
                                                                                                            [Docket No. 160816746–6746–01]                        A’’ in the required fields if you wish to
                                                    *     *     *      *    *
                                                                                                                                                                  remain anonymous). Attachments to
                                                    ■ 8. In § 622.41, revise paragraph (p) to               RIN 0648–XE819                                        electronic comments will be accepted in
                                                    read as follows:                                                                                              Microsoft Word, Excel, or Adobe PDF
                                                                                                            Fisheries of the Northeastern United                  file formats only.
                                                    § 622.41 Annual catch limits (ACLs),                    States; Atlantic Surfclam and Ocean                      Copies of the Environmental
                                                    annual catch targets (ACTs), and                        Quahog Fishery; Proposed 2017–2018                    Assessment (EA), Supplemental
                                                    accountability measures (AMs).                          Fishing Quotas                                        Information Report (SIR), and other
                                                    *     *     *      *    *                                                                                     supporting documents for these
                                                                                                            AGENCY:  National Marine Fisheries
                                                      (p) Hogfish in the Gulf EEZ except                    Service (NMFS), National Oceanic and                  proposed specifications are available
                                                    south of 25°09′ N. lat. off the west coast              Atmospheric Administration (NOAA),                    from the Mid-Atlantic Fishery
                                                    of Florida. If the sum of the commercial                Commerce.                                             Management Council, 800 North State
                                                    and recreational landings, as estimated                 ACTION: Proposed rule; request for
                                                                                                                                                                  Street, Suite 201, Dover, DE 19901. The
                                                    by the SRD, exceeds the stock ACL, then                 comments.                                             EA and SIR are also accessible via the
                                                    during the following fishing year, if the                                                                     internet at:
                                                    sum of commercial and recreational                      SUMMARY:    NMFS proposes status quo                  www.greateratlantic.fisheries.noaa.gov/.
                                                    landings reaches or is projected to reach               commercial quotas for the Atlantic                    FOR FURTHER INFORMATION CONTACT:
                                                    the stock ACL, the AA will file a                       surfclam and ocean quahog fisheries for               Douglas Potts, Fishery Policy Analyst,
                                                    notification with the Office of the                     2017 and projected status quo quotas for              978–281–9341.
                                                    Federal Register to close the commercial                2018. This action is necessary to                     SUPPLEMENTARY INFORMATION: The
                                                                                                            establish allowable harvest levels of                 Atlantic Surfclam and Ocean Quahog
                                                    and recreational sectors for the
                                                                                                            Atlantic surfclams and ocean quahogs                  Fishery Management Plan (FMP)
                                                    remainder of that fishing year. For the
                                                                                                            that will prevent overfishing and allow               requires that NMFS, in consultation
                                                    2016 through 2018 fishing years, the
                                                                                                            harvesting of optimum yield. This                     with the Mid-Atlantic Council, specify
                                                    stock ACL for hogfish in the Gulf EEZ                   action would also continue to suspend
                                                    except south of 25°09′ N. lat. off the                                                                        quotas for surfclam and ocean quahog
                                                                                                            the minimum shell size for Atlantic                   for up to a 3-year period, with an annual
                                                    west coast of Florida is 219,000 lb                     surfclams for the 2017 fishing year. It is            review. It is the policy of the Council
                                                    (99,337 kg), round weight. For the 2019                 expected that the industry and dealers                that the catch limits selected allow
                                                    and subsequent fishing years, the stock                 will benefit from the proposed status                 sustainable fishing to continue at that
                                                    ACL for hogfish in the Gulf EEZ except                  quo quotas, as they will be able to                   level for at least 10 years for surfclams,
                                                    south of 25°09′ N. lat. off the west coast              maintain a consistent market.                         and 30 years for ocean quahogs. In
                                                    of Florida is 159,300 lb (72,257 kg),                   DATES: Comments must be received by                   addition to this, the Council policy also
                                                    round weight. See § 622.193(u)(2) for                   December 8, 2016.                                     considers the economic impacts of the
                                                    the ACLs, ACT, and AMs for hogfish in                   ADDRESSES: You may submit comments,                   quotas. Regulations implementing
                                                    the Gulf EEZ south of 25°09′ N. lat. off                identified by NOAA–NMFS–2016–0122,                    Amendment 10 to the FMP (63 FR
                                                    the west coast of Florida.                              by any of the following methods:                      27481; May 19, 1998) added Maine
                                                    *     *     *      *    *                                  • Electronic Submissions: Submit all               ocean quahogs (locally known as Maine
                                                    ■ 9. In § 622.43, add paragraph (c) to                  electronic public comments via the                    mahogany quahogs) to the management
                                                    read as follows:                                        Federal e-Rulemaking Portal. Go to                    unit, and provided for a small artisanal
                                                                                                            www.regulations.gov/                                  fishery for ocean quahogs in the waters
                                                    § 622.43   Commercial trip limits.                      #!docketDetail;D=NOAA-NMFS-2016-                      north of 43°50′ N. lat., with an annual
                                                    *     *     *      *    *                               0122, click the ‘‘Comment Now!’’ icon,                quota within a range of 17,000 to
                                                                                                            complete the required fields, and enter               100,000 Maine bu (0.6 to 3.524 million
                                                      (c) Hogfish in the Gulf EEZ south of                  or attach your comments.                              L). As specified in Amendment 10, the
                                                    25°09′ N. lat. off the west coast of                       • Mail: Submit written comments to                 Maine ocean quahog quota is allocated
                                                    Florida—see § 622.191(a)(12) for the                    John K. Bullard, Regional                             separately from the quota specified for
                                                    applicable commercial trip limit.                       Administrator, NMFS, Greater Atlantic                 the ocean quahog fishery. Regulations
                                                    [FR Doc. 2016–28173 Filed 11–22–16; 8:45 am]            Regional Fisheries Office, 55 Great                   implementing Amendment 13 to the
                                                    BILLING CODE 3510–22–P                                  Republic Drive, Gloucester, MA 01930.                 FMP (68 FR 69970; December 16, 2003)
                                                                                                            Mark the outside of the envelope:                     established the ability to propose multi-
                                                                                                            ‘‘Comments on the 2017–2018                           year quotas with an annual quota review
                                                                                                            Surfclam/Ocean Quahog                                 to be conducted by the Council to
                                                                                                            Specifications.’’                                     determine if the multi-year quota
                                                                                                               Instructions: Comments sent by any                 specifications remain appropriate for
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            other method, to any other address or                 each year. NMFS then publishes the
                                                                                                            individual, or received after the end of              annual final quotas in the Federal
                                                                                                            the comment period, may not be                        Register. The fishing quotas must
                                                                                                            considered by NMFS. All comments                      ensure overfishing will not occur. In
                                                                                                            received are a part of the public record              recommending these quotas, the
                                                                                                            and will generally be posted for public               Council considered the most recent
                                                                                                            viewing on www.regulations.gov                        stock assessments and other relevant
                                                                                                            without change. All personal identifying              scientific information.


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Document Created: 2016-11-23 05:29:32
Document Modified: 2016-11-23 05:29:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received by December 23, 2016.
ContactPeter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 84538 
RIN Number0648-BG18
CFR AssociatedCommercial; Fisheries; Fishing; Gulf of Mexico; Hogfish; Recreational and South Atlantic

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