82_FR_44941 82 FR 44756 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41

82 FR 44756 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44756-44758
FR Document2017-20480

The South Atlantic Fishery Management Council (South Atlantic Council) has submitted Amendment 41 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP) for review, approval, and implementation by NMFS. Amendment 41 would revise management reference points, annual catch limits (ACLs), optimum yield (OY), and management measures for mutton snapper in the South Atlantic based on the results of the most recent stock assessment. The purpose of Amendment 41 is to ensure that mutton snapper is managed based on the best scientific information available to achieve OY and to prevent overfishing, while minimizing adverse social and economic effects to the extent practicable.

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44756-44758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20480]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG77


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) has submitted Amendment 41 to the Fishery Management Plan 
(FMP) for the Snapper-Grouper Fishery of the South Atlantic Region 
(Snapper-Grouper FMP) for review, approval, and implementation by NMFS. 
Amendment 41 would revise management reference points, annual catch 
limits (ACLs), optimum yield (OY), and management measures for mutton 
snapper in the South Atlantic based on the results of the most recent 
stock assessment. The purpose of Amendment 41 is to ensure that mutton 
snapper is managed based on the best scientific information available 
to achieve OY and to prevent overfishing, while minimizing adverse 
social and economic effects to the extent practicable.

DATES: Written comments on Amendment 41 must be received by November 
27, 2017.

ADDRESSES: You may submit comments on Amendment 41, identified by 
``NOAA-NMFS-2017-0103,'' by either of the following methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0103, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Mary Vara, 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 required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 41 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 41 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act analysis, and 
fishery impact statement.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit FMPs or amendments to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    Amendment 41 to the Snapper-Grouper FMP was prepared by the South 
Atlantic Council and, if

[[Page 44757]]

approved, would be implemented by NMFS through regulations at 50 CFR 
part 622 under the authority of the Magnuson-Stevens Act.

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils 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 management councils to minimize bycatch and bycatch mortality 
to the extent practicable.
    Mutton snapper are harvested throughout the Gulf of Mexico (Gulf) 
and South Atlantic, although harvest predominately occurs around the 
Florida Keys. In the South Atlantic, mutton snapper are part of the 
snapper-grouper fishery, and the South Atlantic Council manages this 
fishery under the Snapper-Grouper FMP. In the Gulf, mutton snapper are 
part of the reef fish fishery, and the Gulf of Mexico Fishery 
Management Council (Gulf Council) manages this fishery under the FMP 
for Reef Fish Resources of the Gulf of Mexico. The jurisdictional 
boundary between the South Atlantic and Gulf Councils is specified at 
50 CFR 600.105(c), and is located approximately in the Florida Keys 
(Monroe County, FL). The mutton snapper stock in the Gulf and South 
Atlantic was assessed in 2008 (Southeast Data, Assessment, and Review 
Assessment 15A (SEDAR 15A)), with a single acceptable biological catch 
(ABC) that encompasses both councils' areas of jurisdiction. The South 
Atlantic and Gulf Councils, with the advice of their Scientific and 
Statistical Committees (SSCs), apportioned this total ABC between the 
councils' FMPs based on historical landings. The final rules for the 
South Atlantic Council's Comprehensive ACL Amendment (77 FR 15916, 
March 16, 2012) and the Gulf Council's Generic ACL Amendment (76 FR 
82044, December 29, 2011) allocated the total mutton snapper ABC as 82 
percent in the South Atlantic and 18 percent in the Gulf.
    In 2015, there was an update to SEDAR 15A for the mutton snapper 
stock in the South Atlantic and Gulf using data through 2013 (SEDAR 15A 
Update). The SEDAR 15A Update indicated that in the South Atlantic and 
Gulf, the mutton snapper stock is neither overfished nor undergoing 
overfishing. However, improvements to the modeling approach used in the 
SEDAR 15A Update resulted in smaller population estimates than 
demonstrated in SEDAR 15A. The South Atlantic and Gulf Councils' SSCs 
reviewed the SEDAR 15A Update and recommended a reduction in the 
stock's total ABC. Based on results from the SEDAR 15A Update and 
recommendations from its SSC, the South Atlantic Council is taking 
action through Amendment 41 to revise its management of mutton snapper 
in the South Atlantic. The Gulf Council is also examining management 
alternatives for mutton snapper in the Gulf exclusive economic zone 
(EEZ) through a framework amendment to the FMP for Reef Fish Resources 
of the Gulf of Mexico.

Actions Contained in Amendment 41

    Amendment 41 contains actions to revise management reference 
points, fishing levels, and management measures for mutton snapper in 
the South Atlantic. Unless otherwise noted, all weights of mutton 
snapper are described in round weight.

Maximum Sustainable Yield and Minimum Stock Size Threshold

    Currently, the maximum sustainable yield (MSY) for mutton snapper 
in the South Atlantic equals the yield produced by the fishing 
mortality rate at MSY (FMSY) (where F equals fishing 
mortality that if applied constantly, would achieve MSY under 
equilibrium conditions). The FMSY proxy is 
F30SPR, or the fishing mortality that 
will produce a static spawning per recruit. Amendment 41 would change 
the MSY definition to the yield produced by FMSY or the 
FMSY proxy, with the MSY and FMSY proxy 
recommended by the most recent stock assessment. If this MSY definition 
is implemented, future MSY numerical values could be updated following 
a stock assessment, SSC review and recommendation, and acceptance of 
that recommendation by the South Atlantic Council. Currently, MSY 
numerical values for mutton snapper are not specified because the South 
Atlantic Council did not specify the MSY estimate from SEDAR 15A. Based 
on the SEDAR 15A Update and the new MSY definition, the resulting MSY 
for the mutton snapper stock in the South Atlantic would be 912,500 lb 
(413,903 kg).
    Currently, the minimum stock size threshold (MSST) is equal to the 
spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5, 
whichever is greater (where M equals natural mortality). Amendment 41 
would change the MSST definition to 75 percent of SSBMSY, 
which results in an MSST of 3,486,900 lb (1,581,631 kg). The SEDAR 15A 
Update estimated the natural mortality for mutton snapper at 0.17, and 
the proposed MSST for mutton snapper in Amendment 41 is consistent with 
how the South Atlantic Council has defined MSST for other snapper-
grouper stocks with similarly low natural mortality estimates.

Commercial and Recreational ACLs

    The current total ABC for mutton snapper in the South Atlantic and 
Gulf jurisdictions is 1,130,000 lb (512,559 kg). Based on the South 
Atlantic and Gulf Councils' agreed apportionment of the mutton snapper 
ABC between their FMPs, the current ABC for mutton snapper in the South 
Atlantic is 926,600 lb (420,299 kg), and the South Atlantic Council set 
the ABC equal to the OY and the total ACL. The South Atlantic Council 
then further allocated the total ACL between the commercial sector 
(17.02 percent) and recreational sector (82.98 percent), resulting in 
the commercial ACL of 157,743 lb (71,551 kg) and the recreational ACL 
of 768,857 lb (348,748 kg). Amendment 41 would revise the ABC and the 
commercial and recreational ACLs for mutton snapper in the South 
Atlantic for the 2017 through 2020 and subsequent fishing years, 
consistent with the existing apportionment between the two councils' 
FMPs and the existing sector allocations.
    As described in Amendment 41, the South Atlantic Council's SSC 
recommended that the ABC be specified in numbers of fish, based on 
landing projections from the stock assessment. The South Atlantic 
Council agreed with this recommendation for the ABC, but specified the 
commercial ACL in pounds and the recreational ACL in numbers of fish 
because commercial landings are already tracked in pounds, while 
recreational landings are tracked in numbers of fish. In addition, 
because Amendment 41 would increase the minimum size limit for mutton 
snapper, the South Atlantic Council was concerned that specifying the 
recreational ACL in pounds could increase the risk of exceeding the 
recreational ACL if the method for converting the ACL in numbers to 
pounds does not sufficiently address the change in average weight of 
larger, heavier fish. Therefore, the South Atlantic Council determined 
that there would be a reduced risk of exceeding the recreational ACL 
due to an increase in the minimum size limit if the ABC and 
recreational ACL were specified in numbers of fish. Because the current

[[Page 44758]]

ABC and recreational ACL are specified in pounds, and the new ABC and 
recreational ACL are specified in numbers of fish, Appendix J to 
Amendment 41 includes a detailed account of the methodology used to 
specify the ABC and recreational ACL in numbers of fish. As a reference 
for comparing numbers of fish to pounds of fish, the average weight of 
a recreationally harvested mutton snapper in 2017 is 4.2 lb (1.9 kg) 
per fish.
    Based on results from the SEDAR 15A Update and the SSC's 
recommended ABC, Amendment 41 would decrease the ABC for mutton snapper 
in the South Atlantic to 129,150 fish for the 2017 fishing year, 
134,890 fish for 2018, 138,826 fish for 2019, and 141,614 fish for 2020 
and subsequent fishing years.
    The proposed commercial ACLs for mutton snapper are 100,015 lb 
(45,366 kg) for 2017, 104,231 lb (47,278 kg) for 2018, 107,981 lb 
(48,979 kg) for 2019, and 111,354 lb (50,509 kg) for 2020 and 
subsequent fishing years.
    The proposed recreational ACLs for mutton snapper are 116,127 fish 
for 2017, 121,318 fish for 2018, 124,766 fish for 2019, and 127,115 
fish for 2020 and subsequent fishing years.

Recreational ACTs

    The current recreational ACT for South Atlantic mutton snapper is 
668,906 lb (303,411 kg). Amendment 41 would specify a recreational ACT 
(equal to 85 percent of the recreational ACL) of 98,708 fish for 2017. 
The recreational ACT would increase annually from 2017 through 2020, 
and would remain in effect until modified. The recreational ACT would 
be 103,121 fish for 2018, 106,051 fish for 2019, and 108,048 fish for 
2020 and subsequent fishing years. NMFS notes that the current and 
proposed recreational ACTs are used only for monitoring and do not 
trigger a recreational accountability measure.

Minimum Size Limit

    The current minimum size limit for the commercial and recreational 
sectors of mutton snapper is 16 inches (40.6 cm), total length (TL), 
and Amendment 41 would increase the minimum size limit to 18 inches 
(45.7 cm), TL. Recent scientific information indicates that the size at 
which 50 percent of mutton snapper are sexually mature is 16 inches 
(40.6 cm), TL, for males and 18 inches (45.7 cm), TL, for females. 
Increasing the minimum size limit to 18 inches (45.7 cm), TL, would 
allow more individuals to reach reproductive activity before being 
susceptible to harvest, and is also projected to increase the average 
size and the corresponding average weight of fish harvested.

Spawning Months

    Currently, there is no designated spawning season for mutton 
snapper in the South Atlantic; however, to protect spawning fish, a May 
through June seasonal harvest limitation applies to vessels with a 
Federal commercial permit for South Atlantic snapper-grouper. There are 
no similar management measures in place to constrain recreational 
harvest in May and June. Amendment 41 would designate April through 
June as spawning months, during which certain management measures, such 
as the proposed commercial trip limits, would apply.

Commercial Trip Limits

    Currently, there is no year-round commercial trip limit for mutton 
snapper in the South Atlantic. However, during May and June of each 
year, there is a seasonal harvest limitation (equivalent to a 
commercial trip limit) for the possession of mutton snapper in or from 
the EEZ on board a vessel that has a Federal commercial permit for 
South Atlantic snapper-grouper. During these two months, the commercial 
harvest of mutton snapper is limited to 10 per person per day or 10 per 
person per trip, whichever is more restrictive (50 CFR 622.184(b)).
    Amendment 41 would replace the current seasonal harvest limitation 
for the commercial sector each year in May and June, and would 
implement commercial trip limits for the purposes of maintaining a 
year-round commercial fishing season and reducing harvest on mutton 
snapper spawning aggregations. During the proposed mutton snapper 
spawning months of April through June, Amendment 41 would establish a 
commercial trip limit of five fish per person per day or five fish per 
person per trip, whichever is more restrictive. For the remainder of 
the year (January through March and July through December), Amendment 
41 would establish a 500-lb (227-kg) commercial trip limit.

Recreational Bag Limits

    Currently, mutton snapper is part of the 10 snapper combined 
recreational bag limit in the South Atlantic that applies throughout 
the fishing year (50 CFR 622.187(b)(4)). Through Amendment 41, mutton 
snapper would remain within the 10 snapper combined recreational bag 
limit in the South Atlantic, but a recreational bag limit of 5 mutton 
snapper per person per day would apply within the overall 10 snapper 
combined bag limit, year-round. Amendment 41 would modify the bag and 
possession limits for the purposes of maintaining a year-round 
recreational fishing season, and reducing harvest on mutton snapper 
spawning aggregations.

Proposed Rule for Amendment 41

    A proposed rule that would implement Amendment 41 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The South Atlantic Council has submitted Amendment 41 for 
Secretarial review, approval, and implementation. Comments on Amendment 
41 must be received by November 27, 2017. Comments received during the 
respective comment periods, whether specifically directed to Amendment 
41 or the proposed rule, will be considered by NMFS in the decision to 
approve, disapprove, or partially approve Amendment 41. Comments 
received after the comment periods will not be considered by NMFS in 
this decision. All comments received by NMFS on Amendment 41 or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

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

    Dated: September 20, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-20480 Filed 9-25-17; 8:45 am]
 BILLING CODE 3510-22-P



     44756               Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules

     ADDRESSES:    You may submit comments,                  445 12th Street SW., Room CY–A257,                    social and economic effects to the extent
     identified by EB Docket No. 17–245, by                  Washington, DC 20554. It is available on              practicable.
     any of the following methods:                           the Commission’s Web site at https://                 DATES: Written comments on
        • Federal Communications                             apps.fcc.gov/edocs_public/.                           Amendment 41 must be received by
     Commission’s Web site: http://                            This document contains proposed                     November 27, 2017.
     apps.fcc.gov/ecfs/. Follow the                          modified information collection                       ADDRESSES: You may submit comments
     instructions for submitting comments.                   requirements. The Commission, as part                 on Amendment 41, identified by
        • Mail: Parties who choose to file by                of its continuing effort to reduce                    ‘‘NOAA–NMFS–2017–0103,’’ by either
     paper must file an original and one copy                paperwork burdens, invites the general                of the following methods:
     of each filing. Filings can be sent by                  public and the Office of Management                      • Electronic submission: Submit all
     hand or messenger delivery, by                          and Budget (OMB) to comment on the                    electronic comments via the Federal
     commercial overnight courier, or by                     information collection requirements                   e-Rulemaking Portal. Go to
     first-class or overnight U.S. Postal                    contained in this document, as required               www.regulations.gov/#!docketDetail;D=
     Service mail. All filings must be                       by the Paperwork Reduction Act of                     NOAA-NMFS-2017-0103, click the
     addressed to the Commission’s                           1995, Public Law 104–13. In addition,                 ‘‘Comment Now!’’ icon, complete the
     Secretary, Office of the Secretary,                     pursuant to the Small Business                        required fields, and enter or attach your
     Federal Communications Commission.                      Paperwork Relief Act of 2002, Public                  comments.
     All hand-delivered or messenger-                        Law 107–198, we seek specific comment                    • Mail: Submit written comments to
     delivered paper filings for the                         on how we might further reduce the                    Mary Vara, NMFS Southeast Regional
     Commission’s Secretary must be                          information collection burden for small               Office, 263 13th Avenue South, St.
     delivered to FCC Headquarters at 445                    business concerns with fewer than 25                  Petersburg, FL 33701.
     12th St. SW., Room TW–A325,                             employees.                                               Instructions: Comments sent by any
     Washington, DC 20554. The filing hours                  Federal Communications Commission.                    other method, to any other address or
     are 8:00 a.m. to 7:00 p.m. All hand                     Marlene H. Dortch,                                    individual, or received after the end of
     deliveries must be held together with                                                                         the comment period, may not be
                                                             Secretary.
     rubber bands or fasteners. Any                                                                                considered by NMFS. All comments
                                                             [FR Doc. 2017–20586 Filed 9–25–17; 8:45 am]
     envelopes and boxes must be disposed                                                                          received are a part of the public record
     of before entering the building.                        BILLING CODE 6712–01–P
                                                                                                                   and will generally be posted for public
     Commercial overnight mail (other than                                                                         viewing on www.regulations.gov
     U.S. Postal Service Express Mail and                                                                          without change. All personal identifying
     Priority Mail) must be sent to 9300 East                DEPARTMENT OF COMMERCE                                information (e.g., name, address, etc.),
     Hampton Drive, Capitol Heights, MD                                                                            confidential business information, or
     20743. U.S. Postal Service first-class,                 National Oceanic and Atmospheric
                                                                                                                   otherwise sensitive information
     Express, and Priority mail must be                      Administration
                                                                                                                   submitted voluntarily by the sender will
     addressed to 445 12th Street SW.,                                                                             be publicly accessible. NMFS will
     Washington DC 20554.                                    50 CFR Part 622
                                                                                                                   accept anonymous comments (enter
        • People with Disabilities: To request               RIN 0648–BG77                                         ‘‘N/A’’ in required fields if you wish to
     materials in accessible formats for                                                                           remain anonymous).
     people with disabilities (braille, large                Fisheries of the Caribbean, Gulf of                      Electronic copies of Amendment 41
     print, electronic files, audio format),                 Mexico, and South Atlantic; Snapper-                  may be obtained from
     send an email to fcc504@fcc.gov or call                 Grouper Fishery of the South Atlantic                 www.regulations.gov or the Southeast
     the Consumer & Governmental Affairs                     Region; Amendment 41                                  Regional Office Web site at http://
     Bureau at 202–418–0530 (voice), 202–                                                                          sero.nmfs.noaa.gov. Amendment 41
                                                             AGENCY:  National Marine Fisheries
     418–0432 (tty).                                                                                               includes an environmental assessment,
                                                             Service (NMFS), National Oceanic and
        In addition to filing comments with                                                                        regulatory impact review, Regulatory
                                                             Atmospheric Administration (NOAA),
     the Secretary, a copy of any comments                                                                         Flexibility Act analysis, and fishery
                                                             Commerce.
     on the Paperwork Reduction Act                                                                                impact statement.
     information collection requirements                     ACTION: Notice of availability; request
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
     contained herein should be submitted to                 for comments.
                                                                                                                   Mary Vara, NMFS Southeast Regional
     the Federal Communications                              SUMMARY:   The South Atlantic Fishery                 Office, telephone: 727–824–5305, or
     Commission via email to PRA@fcc.gov.                    Management Council (South Atlantic                    email: mary.vara@noaa.gov.
     FOR FURTHER INFORMATION CONTACT:                        Council) has submitted Amendment 41                   SUPPLEMENTARY INFORMATION: The
     Enforcement Bureau, Market Disputes                     to the Fishery Management Plan (FMP)                  Magnuson-Stevens Fishery
     Resolution Division, at (202) 418–7330.                 for the Snapper-Grouper Fishery of the                Conservation and Management Act
     For additional information concerning                   South Atlantic Region (Snapper-                       (Magnuson-Stevens Act) requires each
     the Paperwork Reduction Act                             Grouper FMP) for review, approval, and                regional fishery management council to
     information collection requirements                     implementation by NMFS. Amendment                     submit FMPs or amendments to NMFS
     contained in this document, send an                     41 would revise management reference                  for review and approval, partial
     email to PRA@fcc.gov.                                   points, annual catch limits (ACLs),                   approval, or disapproval. The
     SUPPLEMENTARY INFORMATION: This is a                    optimum yield (OY), and management                    Magnuson-Stevens Act also requires
     summary of the Commission’s Notice of                   measures for mutton snapper in the                    that NMFS, upon receiving an FMP or
     Proposed Rulemaking (NPRM) in EB                        South Atlantic based on the results of                amendment, publish an announcement
     Docket No. 17–245, adopted September                    the most recent stock assessment. The                 in the Federal Register notifying the
     13, 2017 and released September 18,                     purpose of Amendment 41 is to ensure                  public that the FMP or amendment is
     2017. The full text of this document is                 that mutton snapper is managed based                  available for review and comment.
     available for public inspection during                  on the best scientific information                       Amendment 41 to the Snapper-
     regular business hours in the FCC                       available to achieve OY and to prevent                Grouper FMP was prepared by the
     Reference Information Center, Portals II,               overfishing, while minimizing adverse                 South Atlantic Council and, if


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                         Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules                                         44757

     approved, would be implemented by                       neither overfished nor undergoing                     change the MSST definition to 75
     NMFS through regulations at 50 CFR                      overfishing. However, improvements to                 percent of SSBMSY, which results in an
     part 622 under the authority of the                     the modeling approach used in the                     MSST of 3,486,900 lb (1,581,631 kg).
     Magnuson-Stevens Act.                                   SEDAR 15A Update resulted in smaller                  The SEDAR 15A Update estimated the
                                                             population estimates than demonstrated                natural mortality for mutton snapper at
     Background
                                                             in SEDAR 15A. The South Atlantic and                  0.17, and the proposed MSST for
        The Magnuson-Stevens Act requires                    Gulf Councils’ SSCs reviewed the                      mutton snapper in Amendment 41 is
     that NMFS and regional fishery                          SEDAR 15A Update and recommended                      consistent with how the South Atlantic
     management councils prevent                             a reduction in the stock’s total ABC.                 Council has defined MSST for other
     overfishing and achieve, on a                           Based on results from the SEDAR 15A                   snapper-grouper stocks with similarly
     continuing basis, the OY from federally                 Update and recommendations from its                   low natural mortality estimates.
     managed fish stocks. These mandates                     SSC, the South Atlantic Council is
     are intended to ensure that fishery                                                                           Commercial and Recreational ACLs
                                                             taking action through Amendment 41 to
     resources are managed for the greatest                  revise its management of mutton                          The current total ABC for mutton
     overall benefit to the nation, particularly             snapper in the South Atlantic. The Gulf               snapper in the South Atlantic and Gulf
     with respect to providing food                          Council is also examining management                  jurisdictions is 1,130,000 lb (512,559
     production and recreational                             alternatives for mutton snapper in the                kg). Based on the South Atlantic and
     opportunities, and protecting marine                    Gulf exclusive economic zone (EEZ)                    Gulf Councils’ agreed apportionment of
     ecosystems. To further this goal, the                   through a framework amendment to the                  the mutton snapper ABC between their
     Magnuson-Stevens Act requires fishery                   FMP for Reef Fish Resources of the Gulf               FMPs, the current ABC for mutton
     management councils to minimize                         of Mexico.                                            snapper in the South Atlantic is 926,600
     bycatch and bycatch mortality to the                                                                          lb (420,299 kg), and the South Atlantic
     extent practicable.                                     Actions Contained in Amendment 41                     Council set the ABC equal to the OY
        Mutton snapper are harvested                            Amendment 41 contains actions to                   and the total ACL. The South Atlantic
     throughout the Gulf of Mexico (Gulf)                    revise management reference points,                   Council then further allocated the total
     and South Atlantic, although harvest                    fishing levels, and management                        ACL between the commercial sector
     predominately occurs around the                         measures for mutton snapper in the                    (17.02 percent) and recreational sector
     Florida Keys. In the South Atlantic,                    South Atlantic. Unless otherwise noted,               (82.98 percent), resulting in the
     mutton snapper are part of the snapper-                 all weights of mutton snapper are                     commercial ACL of 157,743 lb (71,551
     grouper fishery, and the South Atlantic                 described in round weight.                            kg) and the recreational ACL of 768,857
     Council manages this fishery under the                                                                        lb (348,748 kg). Amendment 41 would
     Snapper-Grouper FMP. In the Gulf,                       Maximum Sustainable Yield and
                                                                                                                   revise the ABC and the commercial and
     mutton snapper are part of the reef fish                Minimum Stock Size Threshold
                                                                                                                   recreational ACLs for mutton snapper in
     fishery, and the Gulf of Mexico Fishery                   Currently, the maximum sustainable                  the South Atlantic for the 2017 through
     Management Council (Gulf Council)                       yield (MSY) for mutton snapper in the                 2020 and subsequent fishing years,
     manages this fishery under the FMP for                  South Atlantic equals the yield                       consistent with the existing
     Reef Fish Resources of the Gulf of                      produced by the fishing mortality rate at             apportionment between the two
     Mexico. The jurisdictional boundary                     MSY (FMSY) (where F equals fishing                    councils’ FMPs and the existing sector
     between the South Atlantic and Gulf                     mortality that if applied constantly,                 allocations.
     Councils is specified at 50 CFR                         would achieve MSY under equilibrium                      As described in Amendment 41, the
     600.105(c), and is located approximately                conditions). The FMSY proxy is F30%SPR,               South Atlantic Council’s SSC
     in the Florida Keys (Monroe County,                     or the fishing mortality that will                    recommended that the ABC be specified
     FL). The mutton snapper stock in the                    produce a static spawning per recruit.                in numbers of fish, based on landing
     Gulf and South Atlantic was assessed in                 Amendment 41 would change the MSY                     projections from the stock assessment.
     2008 (Southeast Data, Assessment, and                   definition to the yield produced by FMSY              The South Atlantic Council agreed with
     Review Assessment 15A (SEDAR 15A)),                     or the FMSY proxy, with the MSY and                   this recommendation for the ABC, but
     with a single acceptable biological catch               FMSY proxy recommended by the most                    specified the commercial ACL in
     (ABC) that encompasses both councils’                   recent stock assessment. If this MSY                  pounds and the recreational ACL in
     areas of jurisdiction. The South Atlantic               definition is implemented, future MSY                 numbers of fish because commercial
     and Gulf Councils, with the advice of                   numerical values could be updated                     landings are already tracked in pounds,
     their Scientific and Statistical                        following a stock assessment, SSC                     while recreational landings are tracked
     Committees (SSCs), apportioned this                     review and recommendation, and                        in numbers of fish. In addition, because
     total ABC between the councils’ FMPs                    acceptance of that recommendation by                  Amendment 41 would increase the
     based on historical landings. The final                 the South Atlantic Council. Currently,                minimum size limit for mutton snapper,
     rules for the South Atlantic Council’s                  MSY numerical values for mutton                       the South Atlantic Council was
     Comprehensive ACL Amendment (77                         snapper are not specified because the                 concerned that specifying the
     FR 15916, March 16, 2012) and the Gulf                  South Atlantic Council did not specify                recreational ACL in pounds could
     Council’s Generic ACL Amendment (76                     the MSY estimate from SEDAR 15A.                      increase the risk of exceeding the
     FR 82044, December 29, 2011) allocated                  Based on the SEDAR 15A Update and                     recreational ACL if the method for
     the total mutton snapper ABC as 82                      the new MSY definition, the resulting                 converting the ACL in numbers to
     percent in the South Atlantic and 18                    MSY for the mutton snapper stock in                   pounds does not sufficiently address the
     percent in the Gulf.                                    the South Atlantic would be 912,500 lb                change in average weight of larger,
        In 2015, there was an update to                      (413,903 kg).                                         heavier fish. Therefore, the South
     SEDAR 15A for the mutton snapper                          Currently, the minimum stock size                   Atlantic Council determined that there
     stock in the South Atlantic and Gulf                    threshold (MSST) is equal to the                      would be a reduced risk of exceeding
     using data through 2013 (SEDAR 15A                      spawning stock biomass at MSY                         the recreational ACL due to an increase
     Update). The SEDAR 15A Update                           (SSBMSY)*(1–M) or 0.5, whichever is                   in the minimum size limit if the ABC
     indicated that in the South Atlantic and                greater (where M equals natural                       and recreational ACL were specified in
     Gulf, the mutton snapper stock is                       mortality). Amendment 41 would                        numbers of fish. Because the current


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     44758               Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules

     ABC and recreational ACL are specified                  (45.7 cm), TL, would allow more                       Recreational Bag Limits
     in pounds, and the new ABC and                          individuals to reach reproductive                       Currently, mutton snapper is part of
     recreational ACL are specified in                       activity before being susceptible to                  the 10 snapper combined recreational
     numbers of fish, Appendix J to                          harvest, and is also projected to increase            bag limit in the South Atlantic that
     Amendment 41 includes a detailed                        the average size and the corresponding                applies throughout the fishing year (50
     account of the methodology used to                      average weight of fish harvested.                     CFR 622.187(b)(4)). Through
     specify the ABC and recreational ACL in
                                                             Spawning Months                                       Amendment 41, mutton snapper would
     numbers of fish. As a reference for
                                                                                                                   remain within the 10 snapper combined
     comparing numbers of fish to pounds of
                                                               Currently, there is no designated                   recreational bag limit in the South
     fish, the average weight of a
                                                             spawning season for mutton snapper in                 Atlantic, but a recreational bag limit of
     recreationally harvested mutton snapper
                                                             the South Atlantic; however, to protect               5 mutton snapper per person per day
     in 2017 is 4.2 lb (1.9 kg) per fish.
        Based on results from the SEDAR 15A                  spawning fish, a May through June                     would apply within the overall 10
     Update and the SSC’s recommended                        seasonal harvest limitation applies to                snapper combined bag limit, year-
     ABC, Amendment 41 would decrease                        vessels with a Federal commercial                     round. Amendment 41 would modify
     the ABC for mutton snapper in the                       permit for South Atlantic snapper-                    the bag and possession limits for the
     South Atlantic to 129,150 fish for the                  grouper. There are no similar                         purposes of maintaining a year-round
     2017 fishing year, 134,890 fish for 2018,               management measures in place to                       recreational fishing season, and
     138,826 fish for 2019, and 141,614 fish                 constrain recreational harvest in May                 reducing harvest on mutton snapper
     for 2020 and subsequent fishing years.                  and June. Amendment 41 would                          spawning aggregations.
        The proposed commercial ACLs for                     designate April through June as                       Proposed Rule for Amendment 41
     mutton snapper are 100,015 lb (45,366                   spawning months, during which certain
     kg) for 2017, 104,231 lb (47,278 kg) for                                                                        A proposed rule that would
                                                             management measures, such as the
     2018, 107,981 lb (48,979 kg) for 2019,                                                                        implement Amendment 41 has been
                                                             proposed commercial trip limits, would
     and 111,354 lb (50,509 kg) for 2020 and                                                                       drafted. In accordance with the
                                                             apply.                                                Magnuson-Stevens Act, NMFS is
     subsequent fishing years.
        The proposed recreational ACLs for                   Commercial Trip Limits                                evaluating the proposed rule to
     mutton snapper are 116,127 fish for                                                                           determine whether it is consistent with
     2017, 121,318 fish for 2018, 124,766 fish                  Currently, there is no year-round                  the FMP, the Magnuson-Stevens Act,
     for 2019, and 127,115 fish for 2020 and                 commercial trip limit for mutton                      and other applicable laws. If that
     subsequent fishing years.                               snapper in the South Atlantic. However,               determination is affirmative, NMFS will
                                                             during May and June of each year, there               publish the proposed rule in the Federal
     Recreational ACTs                                       is a seasonal harvest limitation                      Register for public review and
        The current recreational ACT for                     (equivalent to a commercial trip limit)               comment.
     South Atlantic mutton snapper is                        for the possession of mutton snapper in
                                                                                                                   Consideration of Public Comments
     668,906 lb (303,411 kg). Amendment 41                   or from the EEZ on board a vessel that
     would specify a recreational ACT (equal                 has a Federal commercial permit for                     The South Atlantic Council has
     to 85 percent of the recreational ACL) of               South Atlantic snapper-grouper. During                submitted Amendment 41 for
     98,708 fish for 2017. The recreational                  these two months, the commercial                      Secretarial review, approval, and
     ACT would increase annually from 2017                   harvest of mutton snapper is limited to               implementation. Comments on
     through 2020, and would remain in                       10 per person per day or 10 per person                Amendment 41 must be received by
     effect until modified. The recreational                 per trip, whichever is more restrictive               November 27, 2017. Comments received
     ACT would be 103,121 fish for 2018,                     (50 CFR 622.184(b)).                                  during the respective comment periods,
     106,051 fish for 2019, and 108,048 fish                                                                       whether specifically directed to
                                                                Amendment 41 would replace the
     for 2020 and subsequent fishing years.                                                                        Amendment 41 or the proposed rule,
                                                             current seasonal harvest limitation for               will be considered by NMFS in the
     NMFS notes that the current and
                                                             the commercial sector each year in May                decision to approve, disapprove, or
     proposed recreational ACTs are used
                                                             and June, and would implement                         partially approve Amendment 41.
     only for monitoring and do not trigger
                                                             commercial trip limits for the purposes               Comments received after the comment
     a recreational accountability measure.
                                                             of maintaining a year-round commercial                periods will not be considered by NMFS
     Minimum Size Limit                                      fishing season and reducing harvest on                in this decision. All comments received
       The current minimum size limit for                    mutton snapper spawning aggregations.                 by NMFS on Amendment 41 or the
     the commercial and recreational sectors                 During the proposed mutton snapper                    proposed rule during their respective
     of mutton snapper is 16 inches (40.6                    spawning months of April through June,                comment periods will be addressed in
     cm), total length (TL), and Amendment                   Amendment 41 would establish a                        the final rule.
     41 would increase the minimum size                      commercial trip limit of five fish per
                                                                                                                     Authority: 16 U.S.C. 1801 et seq.
     limit to 18 inches (45.7 cm), TL. Recent                person per day or five fish per person
     scientific information indicates that the               per trip, whichever is more restrictive.                Dated: September 20, 2017.
     size at which 50 percent of mutton                      For the remainder of the year (January                Alan D. Risenhoover,
     snapper are sexually mature is 16 inches                through March and July through                        Director, Office of Sustainable Fisheries,
     (40.6 cm), TL, for males and 18 inches                  December), Amendment 41 would                         National Marine Fisheries Service.
     (45.7 cm), TL, for females. Increasing                  establish a 500-lb (227-kg) commercial                [FR Doc. 2017–20480 Filed 9–25–17; 8:45 am]
     the minimum size limit to 18 inches                     trip limit.                                           BILLING CODE 3510–22–P




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Document Created: 2017-09-26 02:48:35
Document Modified: 2017-09-26 02:48:35
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
ActionNotice of availability; request for comments.
DatesWritten comments on Amendment 41 must be received by November 27, 2017.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 44756 
RIN Number0648-BG77

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