82_FR_44735 82 FR 44551 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46

82 FR 44551 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range44551-44554
FR Document2017-20351

NMFS proposes to implement management measures described in Amendment 46 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council) (Amendment 46). For gray triggerfish, this proposed rule would revise the recreational fixed closed season, recreational bag limit, recreational minimum size limit, and commercial trip limit. Additionally, Amendment 46 would establish a new rebuilding time period for the Gulf of Mexico (Gulf) gray triggerfish stock. The purpose of this proposed rule is to implement management measures to assist in rebuilding the Gulf gray triggerfish stock and achieve optimum yield (OY).

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44551-44554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20351]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170505465-7465-01]
RIN 0648-BG87


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management 
Measures; Amendment 46

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to implement management measures described in 
Amendment 46 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery 
Management Council (Council) (Amendment 46). For gray triggerfish, this 
proposed rule would revise the recreational fixed closed season, 
recreational bag limit, recreational minimum size limit, and commercial 
trip limit. Additionally, Amendment 46 would establish a new rebuilding 
time period for the Gulf of Mexico (Gulf) gray triggerfish stock. The 
purpose of this proposed rule is to implement management measures to 
assist in rebuilding the Gulf gray triggerfish stock and achieve 
optimum yield (OY).

DATES: Written comments must be received on or before October 25, 2017.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2017-0080'' 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-2017-0080, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Lauren Waters, Southeast 
Regional Office, NMFS, 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

[[Page 44552]]

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 46, 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/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes gray triggerfish, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP 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 OY from federally managed fish stocks. These mandates are 
intended to ensure that 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. To further this goal, the Magnuson-Stevens Act requires 
fishery managers to rebuild overfished stocks.

Status of the Gray Triggerfish Stock

    The first Southeast Data, Assessment, and Review (SEDAR) benchmark 
stock assessment for gray triggerfish was completed in 2006 (SEDAR 9). 
SEDAR 9 indicated that the gray triggerfish stock was both overfished 
and possibly undergoing overfishing. Subsequently, Amendment 30A to the 
FMP established a gray triggerfish rebuilding plan beginning in the 
2008 fishing year (73 FR 38139, July 3, 2008). In 2011, a SEDAR 9 
update stock assessment for gray triggerfish determined that the gray 
triggerfish stock was still overfished and was undergoing overfishing, 
and had not made adequate progress toward rebuilding. As a result of 
the SEDAR 9 update and to end overfishing, the final rule for Amendment 
37 to the FMP revised the gray triggerfish commercial and recreational 
sector annual catch limits (ACLs) and annual catch targets (ACTs), 
revised the gray triggerfish recreational sector accountability 
measures (AMs), revised the gray triggerfish recreational bag limit, 
established a commercial trip limit for gray triggerfish, and 
established a fixed closed season for the gray triggerfish commercial 
and recreational sectors (78 FR 27084, May 5, 2013). Additionally, 
Amendment 37 revised the rebuilding plan and projected that the stock 
would be rebuilt in 5 years, or by the end of 2017 fishing year.
    Since implementation of Amendment 37 in 2013, commercial harvest 
has not exceeded the commercial ACL, while the recreational sector has 
exceeded the recreational ACL or adjusted recreational ACL (that 
resulted from a ACL overage adjustment) in the 2013, 2014, 2015, and 
2016 fishing years. The most recent stock assessment for gray 
triggerfish was completed and reviewed by the Council's Scientific and 
Statistical Committee (SSC) in October 2015 (SEDAR 43). SEDAR 43 
indicated that the gray triggerfish stock was not experiencing 
overfishing but remained overfished and would not be rebuilt by the end 
of 2017 as previously projected. On November 2, 2015, NMFS notified the 
Council that the gray triggerfish stock was not making adequate 
progress toward rebuilding, and the Council subsequently began 
development of Amendment 46 to establish a new rebuilding time period 
and other management measures to achieve OY and rebuild the stock.

Management Measures Contained in This Proposed Rule

    For gray triggerfish, this proposed rule would revise the 
recreational fixed closed season, recreational bag limit, recreational 
minimum size limit, and commercial trip limit. NMFS and the Council are 
proposing the changes to the recreational management measures to help 
constrain recreational landings to the recreational ACT to avoid 
triggering accountability measures (AMs) resulting in an in-season 
closure or post-season payback that would occur if landings exceed the 
recreational ACL. NMFS and the Council are proposing the increase in 
the commercial trip limit to allow those commercial fishermen who 
encounter gray triggerfish to harvest more fish per trip while 
continuing to constrain commercial landings to the commercial ACT.

Recreational Seasonal Closure

    The current recreational seasonal closure for gray triggerfish in 
the Gulf is from June 1 through July 31, and was established in 
Amendment 37 to protect gray triggerfish during the peak spawning 
season and help constrain landings to the recreational ACT (78 FR 
27084, May 5, 2013). However, as explained above, recreational landings 
have exceed the recreational ACL or adjusted ACL the last 4 years. This 
proposed rule would establish an additional recreational fixed closed 
season for gray triggerfish from January 1 through the end of February, 
which is expected to reduce recreational landings and help rebuild the 
stock within the rebuilding time period established in Amendment 46.

Recreational Bag Limit

    The current recreational bag limit was set in Amendment 37 and is a 
2-fish per person per day limit within the overall 20-fish aggregate 
reef fish bag limit. This proposed rule would reduce the recreational 
gray triggerfish bag limit to 1 fish per person per day within the 20-
fish aggregate reef fish bag limit.
    As described in Amendment 46, from 2013 through 2015, approximately 
10 percent of recreational trips with reef fish landings harvested 2 
gray triggerfish within the 20-fish aggregate bag limit. NMFS expects 
the proposed change to the bag limit to reduce recreational landings by 
15 percent, which will help constrain harvest to the recreational ACT 
to allow the sector to remain open through the end of the fishing year.

Recreational Size Limit

    The current recreational minimum size limit for gray triggerfish is 
14 inches (35.6 cm), fork length (FL), and was established in Amendment 
30A to the FMP (73 FR 38139, July 3, 2008). The proposed rule would 
increase the minimum size limit to 15 inches (38.1 cm), FL. Increasing 
the recreational minimum size limit would increase the gray triggerfish 
spawning potential by maintaining larger-sized fish, which are more 
fecund, in the stock, and is expected to help slow recreational 
harvest.

Commercial Trip Limit

    The current commercial trip limit is 12 fish per trip, and was 
established in Amendment 37 to help constrain commercial harvest to the 
commercial ACT and avoid an in-season closure as a result of the AMs 
being triggered (78 FR 27084, May 5, 2013). This proposed rule would 
increase the trip limit to 16 fish per trip.

[[Page 44553]]

    As described in Amendment 46, since implementation of the 12 fish 
commercial trip limit in 2013, commercial landings have been 
consistently below the commercial ACT. Analysis of commercial trips 
demonstrated that 80 percent of trips caught 10 gray triggerfish or 
less. This indicates that gray triggerfish is primarily a non-target 
species by the commercial sector and that increasing the commercial 
trip limit would likely result in only a small change in the weight 
projected to be landed during a fishing year. However, increasing the 
commercial trip limit would allow those fishermen who encounter the 
species the opportunity to harvest more fish. This would help achieve 
OY for the stock while continuing to constrain commercial landings to 
the commercial ACT.

Measures in Amendment 46 Not in This Proposed Rule

    In addition to the measures proposed to be implemented through this 
proposed rule, Amendment 46 contains actions to set a rebuilding 
timeframe and to consider alternatives for the commercial and 
recreational ACTs and ACLs.

Rebuilding Time Period and Commercial and Recreational ACTs and ACLs

    Amendment 37 established a 5-year rebuilding time period, expiring 
in 2017, and the current gray triggerfish commercial and recreational 
ACTs and ACLs. The current commercial ACT is 60,900 lb (27,624 kg), 
round weight, and the commercial ACL is 64,100 lb (29,075 kg), round 
weight. The current recreational ACT is 217,000 lb (98,475 kg), round 
weight, and the recreational ACL is 242,200 lb (109,406 kg), round 
weight. Amendment 46 would establish a new rebuilding time period for 
the Gulf gray triggerfish stock as a result of the stock status 
determined through SEDAR 43, and maintain the current commercial and 
recreational ACLs and ACTs.
    The Council's SSC reviewed SEDAR 43 and recommended alternative 
rebuilding time periods of 8, 9, or 10 years and the acceptable 
biological catch (ABC) yield streams for each period. There is a 60 
percent probability of rebuilding the stock within these time periods 
if landings are appropriately constrained to the recommended catch 
levels. In Amendment 46, the Council considered these rebuilding time 
periods and their associated catch levels, as well as a 6-year period, 
which would be the time needed to rebuild the stock in the absence of 
fishing mortality. The Council determined that the 9-year rebuilding 
time period was as short as possible, taking into account the status 
and biology of the stock and the needs of the associated fishing 
communities. Although the ABC recommendation associated with the 9-year 
time period allowed for an increase in harvest, the Council chose to 
adopt a more conservative approach and maintain the current commercial 
and recreational ACLs and ACTs for gray triggerfish that were set 
through the final rule for Amendment 37 (78 FR 27084, May 9, 2013).

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 the FMP, the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification follows.
    A description of this proposed rule, why it is being considered, 
and the objectives of, and legal basis for this proposed rule are 
contained in the preamble. The Magnuson-Stevens Act provides the 
statutory basis for this proposed rule.
    This proposed rule would directly affect commercial and 
recreational fishing for gray triggerfish in Gulf Federal waters. 
Anglers are not considered small entities as that term is defined in 
the RFA (5 U.S.C. 601(6)). Consequently, estimates of the number of 
anglers directly affected by the rule and the impacts on them are not 
provided here.
    NMFS estimates an average of 223 commercial fishing vessels harvest 
gray triggerfish in Gulf Federal waters annually, and the number of 
businesses that own these vessels ranges from 166 to 223. The average 
vessel harvested 164 lb (74.4 kg), gutted weight, of gray triggerfish 
annually with a dockside value of $331 (2015 dollars), and that average 
vessel's annual dockside revenue from all landings is $158,804 (2015 
dollars).
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 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 its combined 
annual receipts are not in excess of $11 million for all of its 
affiliated operations worldwide. Based on the average annual revenue 
for a vessel that lands gray triggerfish, it is concluded that most to 
all of the businesses that harvest gray triggerfish from the Gulf are 
small businesses.
    Amendment 46 would establish a rebuilding time period of 9 years or 
by the end of 2025, and this revised time period would have no direct 
impact on any small business.
    The proposed rule would retain the current commercial ACL and 
commercial ACT for gray triggerfish, which have been in effect since 
2013 (78 FR 27084, May 9, 2013). These status quo measures would have 
no additional impact on any small business.
    The proposed rule would increase the commercial trip limit for gray 
triggerfish. A 12-fish trip limit has been in effect since 2013, and 
this proposed rule would allow for up to four more gray triggerfish to 
be landed per trip. The average weight of a commercially sized gray 
triggerfish is estimated to be 4.113 lb (1.866 kg), gutted weight. In 
2015, the average dockside price of gray triggerfish was $2.12 per 
pound, gutted weight. At that price, the proposed rule could increase 
dockside revenue to as much as $34.88 per trip. It is estimated that 
the average annual beneficial impact would range from $0 to $135 per 
vessel, which represents from 0.00 percent to 0.08 percent of the 
average vessel's annual dockside revenue from all landings.
    Therefore, this proposed rule would not have a significant economic 
impact on a substantial number of small entities, and an initial 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gray triggerfish, Gulf, 
Recreational.

    Dated: September 18, 2017.
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:

[[Page 44554]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF, 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.  622.34, revise paragraph (f) to read as follows:


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

* * * * *
    (f) Seasonal closures for gray triggerfish. The recreational sector 
for gray triggerfish in or from the Gulf EEZ is closed from January 1 
through the end of February, and from June 1 through July 31, each 
year. During a recreational closure, the bag and possession limits for 
gray triggerfish in or from the Gulf EEZ are zero. The commercial 
sector for gray triggerfish in or from the Gulf EEZ is closed from June 
1 through July 31, each year. During the period of both the commercial 
and recreational closure, all harvest or possession in or from the Gulf 
EEZ of gray triggerfish is prohibited and the sale and purchase of gray 
triggerfish taken from the Gulf EEZ is prohibited.
0
3. In Sec.  622.37, revise paragraph (c)(1) to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (c) * * *
    (1) Gray triggerfish. (i) For a person not subject to the bag limit 
specified in Sec.  622.38(b)(5)-14 inches (35.6 cm), fork length.
    (ii) For a person subject to the bag limit specified in Sec.  
622.38(b)(5)-15 inches (38.1 cm), fork length.
* * * * *
0
4. In Sec.  622.38, revise paragraph (b)(5) to read as follows:


Sec.  622.38  Bag and possession limits.

* * * * *
    (b) * * *
    (5) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through (b)(7) 
of this section--20. In addition, within the 20-fish aggregate reef 
fish bag limit, no more than 1 fish may be gray triggerfish and no more 
than 10 fish may be vermilion snapper.
* * * * *
0
5. In Sec.  622.43, revise paragraph (b) to read as follows:


Sec.  622.43  Commercial trip limits.

* * * * *
    (b) Gray triggerfish. Until the commercial ACT (commercial quota) 
specified in Sec.  622.39(a)(1)(vi) is reached--16 fish. See Sec.  
622.39(b) for the limitations regarding gray triggerfish after the 
commercial ACT (commercial quota) is reached.

[FR Doc. 2017-20351 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                          Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules                                           44551

                                                         The PCE levels in the groundwater at                 substances, pollutants or contaminants                DEPARTMENT OF COMMERCE
                                                      all wells are currently below the MCL.                  remain above levels that could prevent
                                                      Thus, the remedial action objectives                    unlimited use and unrestricted                        National Oceanic and Atmospheric
                                                      have been attained and the human                        exposure. Therefore, no further five-year             Administration
                                                      health exposure pathways have been                      reviews are required.
                                                      eliminated.                                                                                                   50 CFR Part 622
                                                         A Preliminary Close Out Report                       Community Involvement
                                                                                                                                                                    [Docket No. 170505465–7465–01]
                                                      documenting the completion of                             Public participation activities have
                                                      construction activities was signed by                   been satisfied as required in CERCLA                  RIN 0648–BG87
                                                      EPA on September 25, 1998. The Site                     Section 113(k), 42 U.S.C. 9613(k) and
                                                      was identified as ‘‘Sitewide Ready for                                                                        Fisheries of the Caribbean, Gulf of
                                                                                                              CERCLA Section 117, 42 U.S.C. 9617.
                                                      Anticipated Use’’ on September 28,                                                                            Mexico, and South Atlantic; Reef Fish
                                                                                                              Throughout the remedial process, the
                                                      2012. A Final Close Out Report                                                                                Fishery of the Gulf of Mexico; Gray
                                                                                                              EPA has kept the public informed of
                                                      documenting completion of all remedial                                                                        Triggerfish Management Measures;
                                                                                                              activities being conducted at the Site by
                                                      activities was signed by EPA on April                                                                         Amendment 46
                                                                                                              way of informational meetings, fact
                                                      27, 2017.                                               sheets and public meetings.                           AGENCY:  National Marine Fisheries
                                                      Cleanup Levels                                            Documents in the deletion docket                    Service (NMFS), National Oceanic and
                                                                                                              which the EPA relied on for the                       Atmospheric Administration (NOAA),
                                                         The 1998 ROD requires treatment and
                                                                                                              recommendation for deletion from the                  Commerce.
                                                      monitoring until the PCE concentrations
                                                      in groundwater at all production wells                  NPL are available to the public at the                ACTION: Proposed rule; request for
                                                      are below the MCL. As there have been                   information repositories identified                   comments.
                                                      no changes to the federal or state                      previously. A notice of availability of
                                                                                                              the Notice of Intent for Deletion has                 SUMMARY:    NMFS proposes to implement
                                                      drinking water standards for PCE or                                                                           management measures described in
                                                      changes in the toxicity factors for PCE                 been published in The Columbian.
                                                                                                                                                                    Amendment 46 to the Fishery
                                                      since the ROD was issued, this cleanup                  Determination That the Site Meets the                 Management Plan for the Reef Fish
                                                      level remains protective of human                       Criteria for Deletion in the NCP                      Resources of the Gulf of Mexico (FMP),
                                                      health and the environment.                                                                                   as prepared by the Gulf of Mexico
                                                         In April 2017 the EPA reviewed the                     The EPA, with concurrence of the
                                                                                                              State of Washington through the                       Fishery Management Council (Council)
                                                      monitoring data and found that PCE                                                                            (Amendment 46). For gray triggerfish,
                                                      concentrations at 11 of the 12                          Department of Ecology, has determined
                                                                                                              that the implemented remedy achieves                  this proposed rule would revise the
                                                      production wells had been below the                                                                           recreational fixed closed season,
                                                      cleanup level of 5 mg/L since 2013. A                   the degree of cleanup or protection
                                                                                                              specified in the ROD for all pathways of              recreational bag limit, recreational
                                                      further statistical analysis of data                                                                          minimum size limit, and commercial
                                                      collected from the other well indicated                 exposure. All selected remedial and
                                                                                                              removal action objectives and associated              trip limit. Additionally, Amendment 46
                                                      a downward trend and a 95% Upper                                                                              would establish a new rebuilding time
                                                      Confidence Level of 4.41 mg/L, below                    cleanup levels are consistent with
                                                                                                              agency policy and guidance. No further                period for the Gulf of Mexico (Gulf) gray
                                                      the cleanup level of 5 mg/L. Based on                                                                         triggerfish stock. The purpose of this
                                                      this evaluation, EPA determined that all                Superfund response is needed to protect
                                                                                                              human health and the environment.                     proposed rule is to implement
                                                      remedial activities at the Site were                                                                          management measures to assist in
                                                      complete, remedial action objectives                      In accordance with 40 CFR
                                                                                                              300.425(e), sites may be deleted from                 rebuilding the Gulf gray triggerfish stock
                                                      had been achieved and the use of the                                                                          and achieve optimum yield (OY).
                                                      treatment system was no longer required                 the NPL where all appropriate response
                                                                                                              actions have been implemented and                     DATES: Written comments must be
                                                      for the CERCLA remedy. All drinking
                                                      water delivered from the wellfield must                 where no further response is                          received on or before October 25, 2017.
                                                      continue to meet the requirements of the                appropriate. Consistent with this, the                ADDRESSES: You may submit comments
                                                      SDWA.                                                   EPA is proposing deletion of this Site                on the amendment identified by
                                                                                                              from the NPL.                                         ‘‘NOAA–NMFS–2017–0080’’ by either
                                                      Five-Year Review                                                                                              of the following methods:
                                                         Three policy five-year reviews have                  List of Subjects in 40 CFR Part 300                      • Electronic Submission: Submit all
                                                      been completed at the Site, the last one                  Environmental protection, Air                       electronic public comments via the
                                                      in September 2013.                                      pollution control, Chemicals, Hazardous               Federal e-Rulemaking Portal. Go to
                                                         No issues or follow-up actions were                  waste, Hazardous substances,                          www.regulations.gov/
                                                      identified as part of the 2013 Five Year                Intergovernmental relations, Penalties,               #!docketDetail;D=NOAA-NMFS-2017-
                                                      Review. The protectiveness statement                    Reporting and recordkeeping                           0080, click the ‘‘Comment Now!’’ icon,
                                                      stated ‘‘The remedy at Vancouver WS1                    requirements, Superfund, Water                        complete the required fields, and enter
                                                      is protective of human health and the                   pollution control, Water supply.                      or attach your comments.
                                                      environment because the treatment                                                                                • Mail: Submit written comments to
                                                      system is functioning as intended and                     Authority: 33 U.S.C. 1321(d); 42 U.S.C.             Lauren Waters, Southeast Regional
                                                      human and ecological risks are under                    9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,            Office, NMFS, 263 13th Avenue South,
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                              2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                      control. Long-term protectiveness of the                                                                      St. Petersburg, FL 33701.
                                                                                                              3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                                      remedial action will be verified by                     FR 2923, 3 CFR, 1987 Comp., p. 193.
                                                                                                                                                                       Instructions: Comments sent by any
                                                      regular monitoring by the City of                                                                             other method, to any other address or
                                                      Vancouver.’’                                              Dated: August 25, 2017.                             individual, or received after the end of
                                                         The analysis conducted since the last                Sheryl Bilbrey,                                       the comment period, may not be
                                                      FYR indicates that the remedy has been                  Director—Region 10 Office of Environmental            considered by NMFS. All comments
                                                      fully implemented and the remedial                      Cleanup.                                              received are a part of the public record
                                                      action objectives and related cleanup                   [FR Doc. 2017–20449 Filed 9–22–17; 8:45 am]           and will generally be posted for public
                                                      levels have been attained. No hazardous                 BILLING CODE 6560–50–P                                viewing on www.regulations.gov


                                                 VerDate Sep<11>2014   17:07 Sep 22, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\25SEP1.SGM   25SEP1


                                                      44552               Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules

                                                      without change. All personal identifying                rebuilding. As a result of the SEDAR 9                Recreational Seasonal Closure
                                                      information (e.g., name, address, etc.),                update and to end overfishing, the final                 The current recreational seasonal
                                                      confidential business information, or                   rule for Amendment 37 to the FMP                      closure for gray triggerfish in the Gulf is
                                                      otherwise sensitive information                         revised the gray triggerfish commercial               from June 1 through July 31, and was
                                                      submitted voluntarily by the sender will                and recreational sector annual catch
                                                                                                                                                                    established in Amendment 37 to protect
                                                      be publicly accessible. NMFS will                       limits (ACLs) and annual catch targets
                                                                                                                                                                    gray triggerfish during the peak
                                                      accept anonymous comments (enter                        (ACTs), revised the gray triggerfish
                                                                                                                                                                    spawning season and help constrain
                                                      ‘‘N/A’’ in the required fields if you wish              recreational sector accountability
                                                                                                                                                                    landings to the recreational ACT (78 FR
                                                      to remain anonymous).                                   measures (AMs), revised the gray
                                                                                                                                                                    27084, May 5, 2013). However, as
                                                         Electronic copies of Amendment 46,                   triggerfish recreational bag limit,
                                                                                                                                                                    explained above, recreational landings
                                                      which includes an environmental                         established a commercial trip limit for
                                                                                                                                                                    have exceed the recreational ACL or
                                                      assessment, a fishery impact statement,                 gray triggerfish, and established a fixed
                                                                                                                                                                    adjusted ACL the last 4 years. This
                                                      a Regulatory Flexibility Act (RFA)                      closed season for the gray triggerfish
                                                                                                                                                                    proposed rule would establish an
                                                      analysis, and a regulatory impact                       commercial and recreational sectors (78
                                                                                                              FR 27084, May 5, 2013). Additionally,                 additional recreational fixed closed
                                                      review, may be obtained from the                                                                              season for gray triggerfish from January
                                                      Southeast Regional Office Web site at                   Amendment 37 revised the rebuilding
                                                                                                              plan and projected that the stock would               1 through the end of February, which is
                                                      http://sero.nmfs.noaa.gov/sustainable_                                                                        expected to reduce recreational landings
                                                      fisheries/gulf_fisheries/reef_fish/2017/                be rebuilt in 5 years, or by the end of
                                                                                                              2017 fishing year.                                    and help rebuild the stock within the
                                                      am46_gray_trigger/documents/pdfs/                                                                             rebuilding time period established in
                                                      gulf_reef_am46_gray_trigg_final.pdf.                       Since implementation of Amendment
                                                                                                              37 in 2013, commercial harvest has not                Amendment 46.
                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                              exceeded the commercial ACL, while                    Recreational Bag Limit
                                                      Lauren Waters, Southeast Regional
                                                                                                              the recreational sector has exceeded the
                                                      Office, NMFS, telephone: 727–824–                                                                                The current recreational bag limit was
                                                                                                              recreational ACL or adjusted
                                                      5305; email: Lauren.Waters@noaa.gov.                                                                          set in Amendment 37 and is a 2-fish per
                                                                                                              recreational ACL (that resulted from a
                                                      SUPPLEMENTARY INFORMATION: NMFS and                     ACL overage adjustment) in the 2013,                  person per day limit within the overall
                                                      the Council manage the Gulf reef fish                   2014, 2015, and 2016 fishing years. The               20-fish aggregate reef fish bag limit. This
                                                      fishery, which includes gray triggerfish,               most recent stock assessment for gray                 proposed rule would reduce the
                                                      under the FMP. The Council prepared                     triggerfish was completed and reviewed                recreational gray triggerfish bag limit to
                                                      the FMP and NMFS implements the                         by the Council’s Scientific and                       1 fish per person per day within the 20-
                                                      FMP through regulations at 50 CFR part                  Statistical Committee (SSC) in October                fish aggregate reef fish bag limit.
                                                      622 under the authority of the                          2015 (SEDAR 43). SEDAR 43 indicated                      As described in Amendment 46, from
                                                      Magnuson Stevens Fishery Conservation                   that the gray triggerfish stock was not               2013 through 2015, approximately 10
                                                      and Management Act (Magnuson-                           experiencing overfishing but remained                 percent of recreational trips with reef
                                                      Stevens Act) (16 U.S.C 1801 et seq.).                   overfished and would not be rebuilt by                fish landings harvested 2 gray triggerfish
                                                                                                              the end of 2017 as previously projected.              within the 20-fish aggregate bag limit.
                                                      Background
                                                                                                              On November 2, 2015, NMFS notified                    NMFS expects the proposed change to
                                                         The Magnuson-Stevens Act requires                    the Council that the gray triggerfish                 the bag limit to reduce recreational
                                                      NMFS and regional fishery management                    stock was not making adequate progress                landings by 15 percent, which will help
                                                      councils to prevent overfishing and                     toward rebuilding, and the Council                    constrain harvest to the recreational
                                                      achieve, on a continuing basis, the OY                  subsequently began development of                     ACT to allow the sector to remain open
                                                      from federally managed fish stocks.                     Amendment 46 to establish a new                       through the end of the fishing year.
                                                      These mandates are intended to ensure                   rebuilding time period and other
                                                      that fishery resources are managed for                                                                        Recreational Size Limit
                                                                                                              management measures to achieve OY
                                                      the greatest overall benefit to the nation,             and rebuild the stock.                                  The current recreational minimum
                                                      particularly with respect to providing                                                                        size limit for gray triggerfish is 14
                                                      food production and recreational                        Management Measures Contained in                      inches (35.6 cm), fork length (FL), and
                                                      opportunities, and protecting marine                    This Proposed Rule                                    was established in Amendment 30A to
                                                      ecosystems. To further this goal, the                      For gray triggerfish, this proposed rule           the FMP (73 FR 38139, July 3, 2008).
                                                      Magnuson-Stevens Act requires fishery                   would revise the recreational fixed                   The proposed rule would increase the
                                                      managers to rebuild overfished stocks.                  closed season, recreational bag limit,                minimum size limit to 15 inches (38.1
                                                                                                              recreational minimum size limit, and                  cm), FL. Increasing the recreational
                                                      Status of the Gray Triggerfish Stock                    commercial trip limit. NMFS and the                   minimum size limit would increase the
                                                         The first Southeast Data, Assessment,                Council are proposing the changes to                  gray triggerfish spawning potential by
                                                      and Review (SEDAR) benchmark stock                      the recreational management measures                  maintaining larger-sized fish, which are
                                                      assessment for gray triggerfish was                     to help constrain recreational landings               more fecund, in the stock, and is
                                                      completed in 2006 (SEDAR 9). SEDAR                      to the recreational ACT to avoid                      expected to help slow recreational
                                                      9 indicated that the gray triggerfish                   triggering accountability measures                    harvest.
                                                      stock was both overfished and possibly                  (AMs) resulting in an in-season closure
                                                      undergoing overfishing. Subsequently,                   or post-season payback that would                     Commercial Trip Limit
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      Amendment 30A to the FMP established                    occur if landings exceed the recreational                The current commercial trip limit is
                                                      a gray triggerfish rebuilding plan                      ACL. NMFS and the Council are                         12 fish per trip, and was established in
                                                      beginning in the 2008 fishing year (73                  proposing the increase in the                         Amendment 37 to help constrain
                                                      FR 38139, July 3, 2008). In 2011, a                     commercial trip limit to allow those                  commercial harvest to the commercial
                                                      SEDAR 9 update stock assessment for                     commercial fishermen who encounter                    ACT and avoid an in-season closure as
                                                      gray triggerfish determined that the gray               gray triggerfish to harvest more fish per             a result of the AMs being triggered (78
                                                      triggerfish stock was still overfished and              trip while continuing to constrain                    FR 27084, May 5, 2013). This proposed
                                                      was undergoing overfishing, and had                     commercial landings to the commercial                 rule would increase the trip limit to 16
                                                      not made adequate progress toward                       ACT.                                                  fish per trip.


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                                                                          Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules                                            44553

                                                         As described in Amendment 46, since                  The Council determined that the 9-year                affiliates, whose primary industry is
                                                      implementation of the 12 fish                           rebuilding time period was as short as                commercial fishing (50 CFR 200.2). A
                                                      commercial trip limit in 2013,                          possible, taking into account the status              business primarily involved in
                                                      commercial landings have been                           and biology of the stock and the needs                commercial fishing (NAICS 11411) is
                                                      consistently below the commercial ACT.                  of the associated fishing communities.                classified as a small business if it is
                                                      Analysis of commercial trips                            Although the ABC recommendation                       independently owned and operated, is
                                                      demonstrated that 80 percent of trips                   associated with the 9-year time period                not dominant in its field of operation
                                                      caught 10 gray triggerfish or less. This                allowed for an increase in harvest, the               (including its affiliates), and its
                                                      indicates that gray triggerfish is                      Council chose to adopt a more                         combined annual receipts are not in
                                                      primarily a non-target species by the                   conservative approach and maintain the                excess of $11 million for all of its
                                                      commercial sector and that increasing                   current commercial and recreational                   affiliated operations worldwide. Based
                                                      the commercial trip limit would likely                  ACLs and ACTs for gray triggerfish that               on the average annual revenue for a
                                                      result in only a small change in the                    were set through the final rule for                   vessel that lands gray triggerfish, it is
                                                      weight projected to be landed during a                  Amendment 37 (78 FR 27084, May 9,                     concluded that most to all of the
                                                      fishing year. However, increasing the                   2013).                                                businesses that harvest gray triggerfish
                                                      commercial trip limit would allow those                                                                       from the Gulf are small businesses.
                                                                                                              Classification
                                                      fishermen who encounter the species                                                                              Amendment 46 would establish a
                                                      the opportunity to harvest more fish.                      Pursuant to section 304(b)(1)(A) of the
                                                                                                              Magnuson-Stevens Act, the NMFS                        rebuilding time period of 9 years or by
                                                      This would help achieve OY for the                                                                            the end of 2025, and this revised time
                                                      stock while continuing to constrain                     Assistant Administrator has determined
                                                                                                              that this proposed rule is consistent                 period would have no direct impact on
                                                      commercial landings to the commercial                                                                         any small business.
                                                      ACT.                                                    with the FMP, the Magnuson-Stevens
                                                                                                              Act, and other applicable law, subject to                The proposed rule would retain the
                                                      Measures in Amendment 46 Not in This                    further consideration after public                    current commercial ACL and
                                                      Proposed Rule                                           comment.                                              commercial ACT for gray triggerfish,
                                                        In addition to the measures proposed                     This proposed rule has been                        which have been in effect since 2013 (78
                                                      to be implemented through this                          determined to be not significant for                  FR 27084, May 9, 2013). These status
                                                      proposed rule, Amendment 46 contains                    purposes of Executive Order 12866.                    quo measures would have no additional
                                                      actions to set a rebuilding timeframe                      The Chief Counsel for Regulation of                impact on any small business.
                                                      and to consider alternatives for the                    the Department of Commerce certified                     The proposed rule would increase the
                                                      commercial and recreational ACTs and                    to the Chief Counsel for Advocacy of the              commercial trip limit for gray
                                                      ACLs.                                                   Small Business Administration (SBA)                   triggerfish. A 12-fish trip limit has been
                                                                                                              that this proposed rule, if adopted,                  in effect since 2013, and this proposed
                                                      Rebuilding Time Period and
                                                                                                              would not have a significant economic                 rule would allow for up to four more
                                                      Commercial and Recreational ACTs and
                                                                                                              impact on a substantial number of small               gray triggerfish to be landed per trip.
                                                      ACLs
                                                                                                              entities. The factual basis for this                  The average weight of a commercially
                                                        Amendment 37 established a 5-year                     certification follows.                                sized gray triggerfish is estimated to be
                                                      rebuilding time period, expiring in                        A description of this proposed rule,               4.113 lb (1.866 kg), gutted weight. In
                                                      2017, and the current gray triggerfish                  why it is being considered, and the                   2015, the average dockside price of gray
                                                      commercial and recreational ACTs and                    objectives of, and legal basis for this               triggerfish was $2.12 per pound, gutted
                                                      ACLs. The current commercial ACT is                     proposed rule are contained in the                    weight. At that price, the proposed rule
                                                      60,900 lb (27,624 kg), round weight, and                preamble. The Magnuson-Stevens Act                    could increase dockside revenue to as
                                                      the commercial ACL is 64,100 lb (29,075                 provides the statutory basis for this                 much as $34.88 per trip. It is estimated
                                                      kg), round weight. The current                          proposed rule.                                        that the average annual beneficial
                                                      recreational ACT is 217,000 lb (98,475                     This proposed rule would directly                  impact would range from $0 to $135 per
                                                      kg), round weight, and the recreational                 affect commercial and recreational                    vessel, which represents from 0.00
                                                      ACL is 242,200 lb (109,406 kg), round                   fishing for gray triggerfish in Gulf                  percent to 0.08 percent of the average
                                                      weight. Amendment 46 would establish                    Federal waters. Anglers are not                       vessel’s annual dockside revenue from
                                                      a new rebuilding time period for the                    considered small entities as that term is             all landings.
                                                      Gulf gray triggerfish stock as a result of              defined in the RFA (5 U.S.C. 601(6)).
                                                      the stock status determined through                     Consequently, estimates of the number                    Therefore, this proposed rule would
                                                      SEDAR 43, and maintain the current                      of anglers directly affected by the rule              not have a significant economic impact
                                                      commercial and recreational ACLs and                    and the impacts on them are not                       on a substantial number of small
                                                      ACTs.                                                   provided here.                                        entities, and an initial regulatory
                                                        The Council’s SSC reviewed SEDAR                         NMFS estimates an average of 223                   flexibility analysis is not required and
                                                      43 and recommended alternative                          commercial fishing vessels harvest gray               none has been prepared.
                                                      rebuilding time periods of 8, 9, or 10                  triggerfish in Gulf Federal waters                    List of Subjects in 50 CFR Part 622
                                                      years and the acceptable biological                     annually, and the number of businesses
                                                      catch (ABC) yield streams for each                      that own these vessels ranges from 166                   Commercial, Fisheries, Fishing, Gray
                                                      period. There is a 60 percent probability               to 223. The average vessel harvested 164              triggerfish, Gulf, Recreational.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      of rebuilding the stock within these time               lb (74.4 kg), gutted weight, of gray                    Dated: September 18, 2017.
                                                      periods if landings are appropriately                   triggerfish annually with a dockside                  Samuel D. Rauch, III,
                                                      constrained to the recommended catch                    value of $331 (2015 dollars), and that                Deputy Assistant Administrator for
                                                      levels. In Amendment 46, the Council                    average vessel’s annual dockside                      Regulatory Programs, National Marine
                                                      considered these rebuilding time                        revenue from all landings is $158,804                 Fisheries Service.
                                                      periods and their associated catch                      (2015 dollars).
                                                      levels, as well as a 6-year period, which                  For RFA purposes, NMFS has                           For the reasons set out in the
                                                      would be the time needed to rebuild the                 established a small business size                     preamble, 50 CFR part 622 is proposed
                                                      stock in the absence of fishing mortality.              standard for businesses, including their              to be amended as follows:


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                                                      44554               Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules

                                                      PART 622—FISHERIES OF THE                               each year. During the period of both the                (b) * * *
                                                      CARIBBEAN, GULF, AND SOUTH                              commercial and recreational closure, all                (5) Gulf reef fish, combined,
                                                      ATLANTIC                                                harvest or possession in or from the Gulf             excluding those specified in paragraphs
                                                                                                              EEZ of gray triggerfish is prohibited and             (b)(1) through (b)(4) and paragraphs
                                                      ■ 1. The authority citation for part 622                the sale and purchase of gray triggerfish             (b)(6) through (b)(7) of this section—20.
                                                      continues to read as follows:                           taken from the Gulf EEZ is prohibited.                In addition, within the 20-fish aggregate
                                                                                                              ■ 3. In § 622.37, revise paragraph (c)(1)             reef fish bag limit, no more than 1 fish
                                                          Authority: 16 U.S.C. 1801 et seq.
                                                                                                              to read as follows:                                   may be gray triggerfish and no more
                                                      ■ 2. In § 622.34, revise paragraph (f) to                                                                     than 10 fish may be vermilion snapper.
                                                      read as follows:                                        § 622.37    Size limits.
                                                                                                                                                                    *      *    *      *    *
                                                                                                              *      *     *     *    *
                                                      § 622.34 Seasonal and area closures                       (c) * * *                                           ■ 5. In § 622.43, revise paragraph (b) to
                                                      designed to protect Gulf reef fish.                                                                           read as follows:
                                                                                                                (1) Gray triggerfish. (i) For a person
                                                      *      *     *     *     *                              not subject to the bag limit specified in             § 622.43   Commercial trip limits.
                                                         (f) Seasonal closures for gray                       § 622.38(b)(5)–14 inches (35.6 cm), fork
                                                      triggerfish. The recreational sector for                                                                      *      *    *     *      *
                                                                                                              length.
                                                      gray triggerfish in or from the Gulf EEZ                  (ii) For a person subject to the bag                   (b) Gray triggerfish. Until the
                                                      is closed from January 1 through the end                limit specified in § 622.38(b)(5)–15                  commercial ACT (commercial quota)
                                                      of February, and from June 1 through                    inches (38.1 cm), fork length.                        specified in § 622.39(a)(1)(vi) is
                                                      July 31, each year. During a recreational                                                                     reached—16 fish. See § 622.39(b) for the
                                                                                                              *      *     *     *    *                             limitations regarding gray triggerfish
                                                      closure, the bag and possession limits                  ■ 4. In § 622.38, revise paragraph (b)(5)
                                                      for gray triggerfish in or from the Gulf                                                                      after the commercial ACT (commercial
                                                                                                              to read as follows:
                                                      EEZ are zero. The commercial sector for                                                                       quota) is reached.
                                                      gray triggerfish in or from the Gulf EEZ                § 622.38    Bag and possession limits.                [FR Doc. 2017–20351 Filed 9–22–17; 8:45 am]
                                                      is closed from June 1 through July 31,                  *      *      *      *       *                        BILLING CODE 3510–22–P
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Document Created: 2018-10-24 14:43:22
Document Modified: 2018-10-24 14:43:22
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 on or before October 25, 2017.
ContactLauren Waters, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: Lauren.[email protected]
FR Citation82 FR 44551 
RIN Number0648-BG87
CFR AssociatedCommercial; Fisheries; Fishing; Gray Triggerfish; Gulf and Recreational

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