82_FR_49371 82 FR 49167 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41

82 FR 49167 - 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 204 (October 24, 2017)

Page Range49167-49171
FR Document2017-23002

NMFS proposes to implement management measures described in Amendment 41 to the Fishery Management Plan (FMP) for the Snapper- Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council). If implemented, this proposed rule would revise commercial and recreational annual catch limits (ACLs), the minimum size limit, commercial trip limits, and the recreational bag limit for mutton snapper in the South Atlantic based on the results of the most recent stock assessment. The purpose of this proposed rule is to ensure that mutton snapper is managed based on the best scientific information available to achieve optimum yield (OY) and to prevent overfishing, while minimizing adverse social and economic effects to the extent practicable.

Federal Register, Volume 82 Issue 204 (Tuesday, October 24, 2017)
[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Proposed Rules]
[Pages 49167-49171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23002]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170324313-7313-01]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 41 to the Fishery Management Plan (FMP) for the Snapper-
Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as 
prepared and submitted by the South Atlantic Fishery Management Council 
(South Atlantic Council). If implemented, this proposed rule would 
revise commercial and recreational annual catch limits (ACLs), the 
minimum size limit, commercial trip limits, and the recreational bag 
limit for mutton snapper in the South Atlantic based on the results of 
the most recent stock assessment. The purpose of this proposed rule is 
to ensure that mutton snapper is managed based on the best scientific 
information available to achieve optimum yield (OY) and to prevent 
overfishing, while minimizing adverse social and economic effects to 
the extent practicable.

DATES: Written comments on the proposed rule must be received by 
November 24, 2017.

ADDRESSES: You may submit comments on the proposed rule, 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 (RFA) 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 snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes mutton snapper, 
along with other snapper-grouper species. The Snapper-Grouper FMP was 
prepared by the South Atlantic Council and is implemented by NMFS 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens

[[Page 49168]]

Fishery Conservation and Management Act (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 
15A (SEDAR 15A)), with a single acceptable biological catch (ABC) that 
covers 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 and this proposed rule 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.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the mutton snapper ACLs for the 
commercial and recreational sectors in the South Atlantic, increase the 
minimum size limit for mutton snapper in the commercial and 
recreational sectors, and modify the commercial trip limit and the 
recreational bag limit. Unless otherwise noted, all weights described 
in this proposed rule are in round weight.

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 and this proposed rule would 
revise the ABC and the commercial and recreational mutton snapper ACLs 
in the South Atlantic for the 2017 through the 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 and this proposed rule 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 as a result of an increase in the minimum size limit 
if the ABC and recreational ACL were specified in numbers of fish. 
Because the current 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 for mutton 
snapper 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 approximately 4.2 lb (1.9 kg) per 
fish. The average weight of a commercially harvested mutton snapper is 
7.68 lb (3.5 kg) per fish.
    To determine the commercial ACL in pounds, the commercial sector 
allocation of 17.02 percent was applied to the total ACL in pounds 
(which equals the ABC). 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.
    To determine the recreational ACL in numbers, the recreational 
sector ACL of 82.98 percent was applied to the total ACL in pounds. 
That value was divided by approximately 4.2 lb (1.9 kg) per fish to 
determine the recreational ACL in numbers of fish. 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.
    The ABC (equal to the total ACL for mutton snapper) in numbers of 
fish is the sum of the commercial and recreational ACLs in numbers of 
fish. To determine the ABC in numbers of fish, the commercial ACL in 
pounds was divided by 7.68 lb (3.5 kg) per fish and

[[Page 49169]]

added to the recreational ACL in numbers. 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.

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 this proposed rule 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 individual mutton snapper 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.

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 and this proposed rule 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 when they aggregate to spawn. During the 
mutton snapper spawning months of April through June, this proposed 
rule 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), this proposed rule would establish a 500-lb 
(227-kg) commercial trip limit.

Recreational Bag Limit

    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 this proposed rule, 
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 and this proposed 
rule would modify the bag limit for the purposes of maintaining a year-
round recreational fishing season and reducing harvest on mutton 
snapper spawning aggregations.

Management Measures Contained in Amendment 41 But Not Codified Through 
This Proposed Rule

    In addition to the management measures codified through this 
proposed rule, and the ABC that was previously described, Amendment 41 
would specify the maximum sustainable yield (MSY), minimum stock size 
threshold (MSST), and recreational annual catch targets (ACTs) for 
mutton snapper, as well as designating spawning months.

Maximum Sustainable Yield and Minimum Stock Size Threshold

    Currently, the 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 F30%SPR, 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 mutton snapper stock in the South Atlantic would be 912,500 lb 
(413,903 kg).
    Currently, the 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.

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 purposes and do 
not trigger a recreational accountability measure.

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, and 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 the proposed commercial trip 
limits, would apply. The South Atlantic Council considered additional 
recreational management measures specific to the proposed spawning 
months but chose to reduce the bag limit year-round instead.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 41, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed

[[Page 49170]]

rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. A description of this proposed rule and its purpose 
and need are contained in the preamble and in the SUMMARY section of 
the preamble.
    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. An RFA analysis and later a supplemental RFA analysis were 
conducted for this proposed rule and the factual basis for this 
certification is as follows.
    This proposed rule affects commercial and recreational fishing for 
mutton snapper in the South Atlantic EEZ. Recreational fishermen 
(anglers) are not considered ``small entities'' as that term is defined 
in 5 U.S.C. 601(6). Consequently, estimates of the number of anglers 
directly affected by this proposed rule and the impacts on them are not 
provided here.
    An annual average of 274 federally permitted commercial fishing 
vessels harvested mutton snapper in the South Atlantic from 2010 
through 2014, and it is estimated that 230 businesses own these 
commercial fishing vessels. During that 5-year period, which represents 
the best scientific information available for landings and nominal 
revenues of mutton snapper, the average vessel that harvests mutton 
snapper lands an average of 217 lb (98 kg), gutted weight, of the 
species annually with a dockside value of $655 (2015 dollars used 
throughout this analysis). That average vessel's annual dockside 
revenue from all landings is $54,078, and mutton snapper landings 
represent 1.2 percent of the average annual dockside revenue from all 
landings.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 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 above estimate of average 
annual revenue for a vessel that lands mutton snapper, it is expected 
that most to all of the 230 businesses are small.
    Amendment 41 would specify the MSY, MSST, and OY for mutton 
snapper. None of these actions would have a direct economic impact on 
any small business, and any indirect impacts would be dependent on 
subsequent actions.
    The proposed rule would reduce the commercial ACL for mutton 
snapper from 157,743 lb (71,551 kg) to 100,015 lb (45,366 kg), round 
weight, in the 2017 fishing year. Subsequently, the commercial ACL 
would increase annually up to 111,354 lb (50,509 kg), round weight, in 
the 2020 and subsequent fishing years. Since 2012, annual total 
commercial landings of mutton snapper have been less than 93,000 lb 
(42,184 kg), round weight. Therefore, the proposed commercial ACL is 
expected to have no impact on small businesses.
    The proposed rule would increase the minimum size limit for mutton 
snapper from 16 inches (41 cm) to 18 inches (46 cm), TL. The minimum 
size limit increase could reduce average annual landings by 3.8 
percent. With average annual landings of 217 lb (98 kg), gutted weight, 
of mutton snapper per vessel, a 3.8 percent reduction in mutton snapper 
landings would reduce the average vessel's landings of mutton snapper 
by approximately 8 lb (4 kg), gutted weight, and its dockside revenue 
by $24.82 annually. That loss represents approximately 0.05 percent of 
the average vessel's annual dockside revenue from all landings 
($54,078).
    Amendment 41 would designate April, May, and June as spawning 
months and the proposed rule would establish a commercial trip limit 
for each person of 5 mutton snapper per day or per trip, whichever is 
more restrictive, during those 3 months. There is currently a seasonal 
harvest limitation (equivalent to a commercial trip limit), for a 
vessel with a Federal commercial permit for South Atlantic snapper-
grouper, for each person of 10 mutton snapper per day or per trip, 
whichever is more restrictive, during May and June each year, and no 
commercial trip limit during the rest of the year. Based on the average 
numbers of 2 crew members and 2 days per commercial trip for those 
vessels that landed mutton snapper in all months every year from 2010 
through 2014, NMFS expects the limit of 5 mutton snapper per person per 
commercial trip would be the more restrictive limit.
    NMFS estimates the maximum number of mutton snapper that could be 
landed by a vessel during the three designated spawning months with the 
average number of crew, regardless of gear, would be equal to or 
greater than the expected number of mutton snapper that would be landed 
during those months. Therefore, the commercial trip limit during the 
spawning months is expected to have no impact on small businesses.
    The proposed rule would establish a commercial trip limit of 500 lb 
(227 kg), round weight, of mutton snapper per trip during the 9 non-
spawning months of the fishing year. From 2010 through 2014, an annual 
average of 4 vessels collectively made 7 trips that landed more than 
500 lb (227 kg), round weight, of mutton snapper. The four vessels and 
seven trips represent 1.5 percent of the average annual vessels and 0.5 
percent of the average annual trips that landed mutton snapper. The 
four vessels also represent up to 1.7 percent of the small businesses 
that could be directly affected by the proposed rule. NMFS estimates 
these 4 vessels would lose an average weight of mutton snapper landings 
425 lb (193 kg), gutted weight, for each trip over the 500 lb (227 kg), 
round weight, limit, and their combined losses would be 2,975 lb (1,349 
kg) gutted weight, annually. The average annual loss for each these 4 
vessels would be approximately 744 lb (337 kg), gutted weight, with a 
dockside value of $2,239. That decrease represents approximately 4.1 
percent of the average annual dockside revenue for all vessels that 
land mutton snapper; however, these four vessels have much higher than 
average landings and are expected to have annual revenues higher than 
the average.
    In conclusion, NMFS estimates 98.5 percent of the vessels and 
approximately 99 percent of the small businesses would have a 0.05 
percent decrease in average annual total dockside revenue because of 
this proposed rule. NMFS also estimates 1.5 percent of the vessels and 
approximately 1 percent of the small businesses that land over 500 lb 
(227 kg), round weight, of mutton snapper in a trip could experience a 
decrease in annual revenue of up to 4.1 percent; however, that 
percentage is based on the average vessel that lands mutton snapper and 
these 4 vessels have above average landings and revenues.
    Because this proposed rule would not have a significant economic 
effect on a substantial number of small entities, an initial regulatory 
flexibility analysis is not required and none has been prepared.
    No new reporting, record-keeping, or other compliance requirements 
are introduced by this proposed rule. Accordingly, this proposed rule 
does not implicate the Paperwork Reduction Act.

[[Page 49171]]

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Mutton snapper, South Atlantic.

    Dated: October 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:

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

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

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


Sec.  622.184  [Amended]

0
2. In Sec.  622.184, remove and reserve paragraph (b).
0
3. In Sec.  622.185, revise paragraph (a)(4) to read as follows:


Sec.  622.185  Size limits.

* * * * *
    (a) * * *
    (4) Mutton snapper--18 inches (45.7 cm), TL.
* * * * *
0
4. In Sec.  622.187, revise paragraph (b)(4) to read as follows:


Sec.  622.187  Bag and possession limits.

* * * * *
    (b) * * *
    (4) Snappers, combined--10. (i) Within the 10-fish bag limit, no 
more than 5 fish may be mutton snapper.
    (ii) Excluded from this 10-fish bag limit are cubera snapper, 
measuring 30 inches (76.2 cm), TL, or larger, in the South Atlantic off 
Florida, and red snapper and vermilion snapper. (See Sec.  
622.181(b)(2) for the prohibitions on harvest or possession of red 
snapper, except during a limited recreational fishing season, and Sec.  
622.181(c)(1) for limitations on cubera snapper measuring 30 inches 
(76.2 cm), TL, or larger, in or from the South Atlantic EEZ off 
Florida.)
* * * * *
0
5. In Sec.  622.191, add paragraph (a)(13) to read as follows:


 622.191  Commercial trip limits.

* * * * *
    (a) * * *
    (13) Mutton snapper. The following commercial trip limits apply 
until the applicable commercial ACL in Sec.  622.193(o)(1)(iii) is 
reached. See Sec.  622.193(o)(1) for the limitations regarding mutton 
snapper after the commercial ACL is reached.
    (i) From January 1 through March 31, and July 1 through December 
31--500 lb (227 kg), round weight.
    (ii) From April 1 through June 30--5 fish per person per day or 5 
fish per person per trip, whichever is more restrictive.
* * * * *
0
7. In Sec.  622.193, revise paragraph (o) to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (o) Mutton snapper--(1) Commercial sector. (i) If commercial 
landings for mutton snapper, as estimated by the SRD, reach or are 
projected to reach the applicable commercial ACL specified in paragraph 
(o)(1)(iii) of this section, the AA will file a notification with the 
Office of the Federal Register to close the commercial sector for the 
remainder of the fishing year. On and after the effective date of such 
a notification, all sale or purchase of mutton snapper is prohibited 
and harvest or possession of mutton snapper in or from the South 
Atlantic EEZ is limited to the bag and possession limits. These bag and 
possession limits apply in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for mutton snapper, as estimated by the 
SRD, exceed the applicable commercial ACL specified in paragraph 
(o)(1)(iii) of this section, and the applicable combined commercial and 
recreational ACL specified in paragraph (o)(3) of this section is 
exceeded during the same fishing year, and the species is overfished 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register 
to reduce the commercial ACL in the following fishing year by the 
amount of the commercial ACL overage in the prior fishing year.
    (iii) The commercial ACLs for the following fishing years are given 
in round weight. For 2017--100,015 lb (45,366 kg); for 2018--104,231 lb 
(47,278 kg); for 2019--107,981 lb (48,979 kg); for 2020 and subsequent 
fishing years--111,354 lb (50,509 kg).
    (2) Recreational sector. (i) If recreational landings for mutton 
snapper, as estimated by the SRD, reach or are projected to reach the 
applicable recreational ACL specified in paragraph (o)(2)(iii) of this 
section, the AA will file a notification with the Office of the Federal 
Register to close the recreational sector for the remainder of the 
fishing year regardless if the stock is overfished, unless NMFS 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such a 
notification, the bag and possession limits for mutton snapper in or 
from the South Atlantic EEZ are zero.
    (ii) If recreational landings for mutton snapper, as estimated by 
the SRD, exceed the applicable recreational ACL specified in paragraph 
(o)(2)(iii) of this section, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
applicable combined commercial and recreational ACL specified in 
paragraph (o)(3) of this section is exceeded during the same fishing 
year. NMFS will use the best scientific information available to 
determine if reducing the length of the recreational fishing season and 
recreational ACL is necessary. When the recreational sector is closed 
as a result of NMFS reducing the length of the recreational fishing 
season and ACL, the bag and possession limits for mutton snapper in or 
from the South Atlantic EEZ are zero.
    (iii) The recreational ACLs for the following fishing years are 
given in numbers of fish. For 2017--116,127; for 2018--121,318; for 
2019--124,766; for 2020 and subsequent fishing years--127,115.
    (3) The combined commercial and recreational ACLs for the following 
fishing years are given in round weight. For 2017--587,633 lb (266,546 
kg); for 2018--612,401 lb (277,780 kg); for 2019--634,435 lb (287,775 
kg); for 2020 and subsequent fishing years--654,257 lb (296,766 kg).
* * * * *
[FR Doc. 2017-23002 Filed 10-23-17; 8:45 am]
BILLING CODE 3510-22-P



                                                                       Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules                                         49167

                                                 state implementation plan (SIP) revision                full EPA public comment policy,                       based on the results of the most recent
                                                 submitted by the Commonwealth of                        information about CBI or multimedia                   stock assessment. The purpose of this
                                                 Pennsylvania (the Commonwealth) for                     submissions, and general guidance on                  proposed rule is to ensure that mutton
                                                 the purpose of adopting EPA’s control                   making effective comments, please visit               snapper is managed based on the best
                                                 technique guidelines (CTG) for                          http://www2.epa.gov/dockets/                          scientific information available to
                                                 automobile and light-duty truck                         commenting-epa-dockets.                               achieve optimum yield (OY) and to
                                                 assembly coatings. In the Final Rules                   FOR FURTHER INFORMATION CONTACT:                      prevent overfishing, while minimizing
                                                 section of this issue of the Federal                    Joseph Schulingkamp, (215) 814–2021,                  adverse social and economic effects to
                                                 Register, EPA is approving the                          or by email at schulingkamp.joseph@                   the extent practicable.
                                                 Commonwealth’s SIP submittal as a                       epa.gov.                                              DATES: Written comments on the
                                                 direct final rule without prior proposal                                                                      proposed rule must be received by
                                                 because the Agency views this as a                      SUPPLEMENTARY INFORMATION:      For
                                                                                                         further information, please see the                   November 24, 2017.
                                                 noncontroversial submittal and                                                                                ADDRESSES: You may submit comments
                                                 anticipates no adverse comments. A                      information provided in the direct final
                                                                                                         action, with the same title, that is                  on the proposed rule, identified by
                                                 more detailed description of the                                                                              ‘‘NOAA–NMFS–2017–0103,’’ by either
                                                 Commonwealth’s submittal and EPA’s                      located in the ‘‘Rules and Regulations’’
                                                                                                         section of this issue of the Federal                  of the following methods:
                                                 evaluation is included in a technical
                                                                                                         Register publication. Please note that if                • Electronic submission: Submit all
                                                 support document (TSD) prepared in                                                                            electronic comments via the Federal e-
                                                 support of this rulemaking action. A                    EPA receives adverse comment on an
                                                                                                         amendment, paragraph, or section of                   Rulemaking Portal. Go to
                                                 copy of the TSD is available, upon                                                                            www.regulations.gov/
                                                 request, from the EPA Regional Office                   this rule and if that provision may be
                                                                                                         severed from the remainder of the rule,               #!docketDetail;D=NOAA-NMFS-2017-
                                                 listed in the ADDRESSES section of this                                                                       0103, click the ‘‘Comment Now!’’ icon,
                                                 document or is also available                           EPA may adopt as final those provisions
                                                                                                         of the rule that are not the subject of an            complete the required fields, and enter
                                                 electronically within the Docket for this                                                                     or attach your comments.
                                                                                                         adverse comment.
                                                 rulemaking action. If no adverse                                                                                 • Mail: Submit written comments to
                                                 comments are received in response to                      Dated: September 26, 2017.                          Mary Vara, NMFS Southeast Regional
                                                 this action, no further activity is                     Cecil Rodrigues,                                      Office, 263 13th Avenue South, St.
                                                 contemplated. If EPA receives adverse                   Acting Regional Administrator, Region III.            Petersburg, FL 33701.
                                                 comments, the direct final rule will be                 [FR Doc. 2017–22943 Filed 10–23–17; 8:45 am]             Instructions: Comments sent by any
                                                 withdrawn and all public comments                       BILLING CODE 6560–50–P                                other method, to any other address or
                                                 received will be addressed in a                                                                               individual, or received after the end of
                                                 subsequent final rule based on this                                                                           the comment period, may not be
                                                 proposed rule. EPA will not institute a                 DEPARTMENT OF COMMERCE                                considered by NMFS. All comments
                                                 second comment period. Any parties                                                                            received are a part of the public record
                                                 interested in commenting on this action                 National Oceanic and Atmospheric                      and will generally be posted for public
                                                 should do so at this time.                              Administration                                        viewing on www.regulations.gov
                                                 DATES: Comments must be received in                                                                           without change. All personal identifying
                                                 writing by November 24, 2017.                           50 CFR Part 622                                       information (e.g., name, address, etc.),
                                                 ADDRESSES: Submit your comments,                                                                              confidential business information, or
                                                                                                         [Docket No. 170324313–7313–01]
                                                 identified by Docket ID No. EPA–R03–                                                                          otherwise sensitive information
                                                 OAR–2017–0342 at http://                                RIN 0648–BG77                                         submitted voluntarily by the sender will
                                                 www.regulations.gov, or via email to                                                                          be publicly accessible. NMFS will
                                                 stahl.cynthia@epa.gov. For comments                     Fisheries of the Caribbean, Gulf of                   accept anonymous comments (enter
                                                 submitted at Regulations.gov, follow the                Mexico, and South Atlantic; Snapper-                  ‘‘N/A’’ in required fields if you wish to
                                                 online instructions for submitting                      Grouper Fishery of the South Atlantic                 remain anonymous).
                                                 comments. Once submitted, comments                      Region; Amendment 41                                     Electronic copies of Amendment 41
                                                 cannot be edited or removed from                        AGENCY:  National Marine Fisheries                    may be obtained from
                                                 Regulations.gov. For either manner of                   Service (NMFS), National Oceanic and                  www.regulations.gov or the Southeast
                                                 submission, the EPA may publish any                     Atmospheric Administration (NOAA),                    Regional Office Web site at http://
                                                 comment received to its public docket.                  Commerce.                                             sero.nmfs.noaa.gov. Amendment 41
                                                 Do not submit electronically any                                                                              includes an environmental assessment,
                                                                                                         ACTION: Proposed rule; request for
                                                 information you consider to be                                                                                regulatory impact review, Regulatory
                                                                                                         comments.                                             Flexibility Act (RFA) analysis, and
                                                 confidential business information (CBI)
                                                 or other information whose disclosure is                SUMMARY:   NMFS proposes to implement                 fishery impact statement.
                                                 restricted by statute. Multimedia                       management measures described in                      FOR FURTHER INFORMATION CONTACT:
                                                 submissions (audio, video, etc.) must be                Amendment 41 to the Fishery                           Mary Vara, NMFS Southeast Regional
                                                 accompanied by a written comment.                       Management Plan (FMP) for the                         Office, telephone: 727–824–5305, or
                                                 The written comment is considered the                   Snapper-Grouper Fishery of the South                  email: mary.vara@noaa.gov.
                                                 official comment and should include                     Atlantic Region (Snapper-Grouper                      SUPPLEMENTARY INFORMATION: The
                                                 discussion of all points you wish to                    FMP), as prepared and submitted by the                snapper-grouper fishery in the South
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                                                 make. EPA will generally not consider                   South Atlantic Fishery Management                     Atlantic region is managed under the
                                                 comments or comment contents located                    Council (South Atlantic Council). If                  FMP and includes mutton snapper,
                                                 outside of the primary submission (i.e.                 implemented, this proposed rule would                 along with other snapper-grouper
                                                 on the web, cloud, or other file sharing                revise commercial and recreational                    species. The Snapper-Grouper FMP was
                                                 system). For additional submission                      annual catch limits (ACLs), the                       prepared by the South Atlantic Council
                                                 methods, please contact the person                      minimum size limit, commercial trip                   and is implemented by NMFS through
                                                 identified in the ‘‘For Further                         limits, and the recreational bag limit for            regulations at 50 CFR part 622 under the
                                                 Information Contact’’ section. For the                  mutton snapper in the South Atlantic                  authority of the Magnuson-Stevens


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                                                 49168                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules

                                                 Fishery Conservation and Management                     the modeling approach used in the                     specified the commercial ACL in
                                                 Act (Magnuson-Stevens Act).                             SEDAR 15A Update resulted in smaller                  pounds and the recreational ACL in
                                                                                                         population estimates than demonstrated                numbers of fish because commercial
                                                 Background
                                                                                                         in SEDAR 15A. The South Atlantic and                  landings are already tracked in pounds,
                                                    The Magnuson-Stevens Act requires                    Gulf Councils’ SSCs reviewed the                      while recreational landings are tracked
                                                 that NMFS and regional fishery                          SEDAR 15A Update and recommended                      in numbers of fish. In addition, because
                                                 management councils prevent                             a reduction in the stock’s total ABC.                 Amendment 41 and this proposed rule
                                                 overfishing and achieve, on a                           Based on results from the SEDAR 15A                   would increase the minimum size limit
                                                 continuing basis, the OY from federally                 Update and recommendations from its                   for mutton snapper, the South Atlantic
                                                 managed fish stocks. These mandates                     SSC, the South Atlantic Council is                    Council was concerned that specifying
                                                 are intended to ensure that fishery                     taking action through Amendment 41                    the recreational ACL in pounds could
                                                 resources are managed for the greatest                  and this proposed rule to revise its                  increase the risk of exceeding the
                                                 overall benefit to the nation, particularly             management of mutton snapper in the                   recreational ACL if the method for
                                                 with respect to providing food                          South Atlantic. The Gulf Council is also              converting the ACL in numbers to
                                                 production and recreational                             examining management alternatives for                 pounds does not sufficiently address the
                                                 opportunities, and protecting marine                    mutton snapper in the Gulf exclusive                  change in average weight of larger,
                                                 ecosystems. To further this goal, the                   economic zone (EEZ), through a                        heavier fish. Therefore, the South
                                                 Magnuson-Stevens Act requires fishery                   framework amendment to the FMP for                    Atlantic Council determined that there
                                                 management councils to minimize                         Reef Fish Resources of the Gulf of                    would be a reduced risk of exceeding
                                                 bycatch and bycatch mortality to the                    Mexico.                                               the recreational ACL as a result of an
                                                 extent practicable.                                                                                           increase in the minimum size limit if
                                                    Mutton snapper are harvested                         Management Measures Contained in
                                                                                                                                                               the ABC and recreational ACL were
                                                 throughout the Gulf of Mexico (Gulf)                    This Proposed Rule
                                                                                                                                                               specified in numbers of fish. Because
                                                 and South Atlantic, although harvest                      This proposed rule would revise the                 the current ABC and recreational ACL
                                                 predominately occurs around the                         mutton snapper ACLs for the                           are specified in pounds, and the new
                                                 Florida Keys. In the South Atlantic,                    commercial and recreational sectors in                ABC and recreational ACL are specified
                                                 mutton snapper are part of the snapper-                 the South Atlantic, increase the                      in numbers of fish, Appendix J to
                                                 grouper fishery, and the South Atlantic                 minimum size limit for mutton snapper                 Amendment 41 includes a detailed
                                                 Council manages this fishery under the                  in the commercial and recreational                    account of the methodology used to
                                                 Snapper-Grouper FMP. In the Gulf,                       sectors, and modify the commercial trip               specify the ABC and recreational ACL
                                                 mutton snapper are part of the reef fish                limit and the recreational bag limit.                 for mutton snapper in numbers of fish.
                                                 fishery, and the Gulf of Mexico Fishery                 Unless otherwise noted, all weights                   As a reference for comparing numbers of
                                                 Management Council (Gulf Council)                       described in this proposed rule are in                fish to pounds of fish, the average
                                                 manages this fishery under the FMP for                  round weight.                                         weight of a recreationally harvested
                                                 Reef Fish Resources of the Gulf of                                                                            mutton snapper in 2017 is
                                                 Mexico. The jurisdictional boundary                     Commercial and Recreational ACLs
                                                                                                                                                               approximately 4.2 lb (1.9 kg) per fish.
                                                 between the South Atlantic and Gulf                       The current total ABC for mutton                    The average weight of a commercially
                                                 Councils is specified at 50 CFR                         snapper in the South Atlantic and Gulf                harvested mutton snapper is 7.68 lb (3.5
                                                 600.105(c), and is located approximately                jurisdictions is 1,130,000 lb (512,559                kg) per fish.
                                                 in the Florida Keys (Monroe County,                     kg). Based on the South Atlantic and                     To determine the commercial ACL in
                                                 FL). The mutton snapper stock in the                    Gulf Councils’ agreed apportionment of                pounds, the commercial sector
                                                 Gulf and South Atlantic was assessed in                 the mutton snapper ABC between their                  allocation of 17.02 percent was applied
                                                 2008 (Southeast Data, Assessment, and                   FMPs, the current ABC for mutton                      to the total ACL in pounds (which
                                                 Review 15A (SEDAR 15A)), with a                         snapper in the South Atlantic is 926,600              equals the ABC). The proposed
                                                 single acceptable biological catch (ABC)                lb (420,299 kg), and the South Atlantic               commercial ACLs for mutton snapper
                                                 that covers both councils’ areas of                     Council set the ABC equal to the OY                   are 100,015 lb (45,366 kg) for 2017,
                                                 jurisdiction. The South Atlantic and                    and the total ACL. The South Atlantic                 104,231 lb (47,278 kg) for 2018, 107,981
                                                 Gulf Councils, with the advice of their                 Council then further allocated the total              lb (48,979 kg) for 2019, and 111,354 lb
                                                 Scientific and Statistical Committees                   ACL between the commercial sector                     (50,509 kg) for 2020 and subsequent
                                                 (SSCs), apportioned this total ABC                      (17.02 percent) and recreational sector               fishing years.
                                                 between the councils’ FMPs based on                     (82.98 percent), resulting in the                        To determine the recreational ACL in
                                                 historical landings. The final rules for                commercial ACL of 157,743 lb (71,551                  numbers, the recreational sector ACL of
                                                 the South Atlantic Council’s                            kg) and the recreational ACL of 768,857               82.98 percent was applied to the total
                                                 Comprehensive ACL Amendment (77                         lb (348,748 kg). Amendment 41 and this                ACL in pounds. That value was divided
                                                 FR 15916, March 16, 2012) and the Gulf                  proposed rule would revise the ABC                    by approximately 4.2 lb (1.9 kg) per fish
                                                 Council’s Generic ACL Amendment (76                     and the commercial and recreational                   to determine the recreational ACL in
                                                 FR 82044, December 29, 2011) allocated                  mutton snapper ACLs in the South                      numbers of fish. The proposed
                                                 the total mutton snapper ABC as 82                      Atlantic for the 2017 through the 2020                recreational ACLs for mutton snapper
                                                 percent in the South Atlantic and 18                    and subsequent fishing years, consistent              are 116,127 fish for 2017, 121,318 fish
                                                 percent in the Gulf.                                    with the existing apportionment                       for 2018, 124,766 fish for 2019, and
                                                    In 2015, there was an update to                      between the two councils’ FMPs and the                127,115 fish for 2020 and subsequent
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                                                 SEDAR 15A for the mutton snapper                        existing sector allocations.                          fishing years.
                                                 stock in the South Atlantic and Gulf                      As described in Amendment 41, the                      The ABC (equal to the total ACL for
                                                 using data through 2013 (SEDAR 15A                      South Atlantic Council’s SSC                          mutton snapper) in numbers of fish is
                                                 Update). The SEDAR 15A Update                           recommended that the ABC be specified                 the sum of the commercial and
                                                 indicated that in the South Atlantic and                in numbers of fish, based on landing                  recreational ACLs in numbers of fish. To
                                                 Gulf, the mutton snapper stock is                       projections from the stock assessment.                determine the ABC in numbers of fish,
                                                 neither overfished nor undergoing                       The South Atlantic Council agreed with                the commercial ACL in pounds was
                                                 overfishing. However, improvements to                   this recommendation for the ABC, but                  divided by 7.68 lb (3.5 kg) per fish and


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                                                                       Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules                                         49169

                                                 added to the recreational ACL in                        Recreational Bag Limit                                greater (where M equals natural
                                                 numbers. Based on results from the                        Currently, mutton snapper is part of                mortality). Amendment 41 would
                                                 SEDAR 15A Update and the SSC’s                          the 10 snapper combined recreational                  change the MSST definition to 75
                                                 recommended ABC, Amendment 41                           bag limit in the South Atlantic that                  percent of SSBMSY, which results in an
                                                 would decrease the ABC for mutton                       applies throughout the fishing year (50               MSST of 3,486,900 lb (1,581,631 kg).
                                                 snapper in the South Atlantic to 129,150                CFR 622.187(b)(4)). Through this                      The SEDAR 15A Update estimated the
                                                 fish for the 2017 fishing year, 134,890                 proposed rule, mutton snapper would                   natural mortality for mutton snapper at
                                                 fish for 2018, 138,826 fish for 2019, and               remain within the 10 snapper combined                 0.17, and the proposed MSST for
                                                 141,614 fish for 2020 and subsequent                    recreational bag limit in the South                   mutton snapper in Amendment 41 is
                                                 fishing years.                                          Atlantic, but a recreational bag limit of             consistent with how the South Atlantic
                                                                                                         5 mutton snapper per person per day                   Council has defined MSST for other
                                                 Minimum Size Limit                                                                                            snapper-grouper stocks with similarly
                                                                                                         would apply within the overall 10
                                                    The current minimum size limit for                   snapper combined bag limit, year-                     low natural mortality estimates.
                                                 the commercial and recreational sectors                 round. Amendment 41 and this                          Recreational ACTs
                                                 of mutton snapper is 16 inches (40.6                    proposed rule would modify the bag                       The current recreational ACT for
                                                 cm), total length (TL), and this proposed               limit for the purposes of maintaining a               South Atlantic mutton snapper is
                                                 rule would increase the minimum size                    year-round recreational fishing season                668,906 lb (303,411 kg). Amendment 41
                                                 limit to 18 inches (45.7 cm), TL. Recent                and reducing harvest on mutton snapper                would specify a recreational ACT (equal
                                                 scientific information indicates that the               spawning aggregations.                                to 85 percent of the recreational ACL) of
                                                 size at which 50 percent of mutton                      Management Measures Contained in                      98,708 fish for 2017. The recreational
                                                 snapper are sexually mature is 16 inches                Amendment 41 But Not Codified                         ACT would increase annually from 2017
                                                 (40.6 cm), TL, for males and 18 inches                  Through This Proposed Rule                            through 2020, and would remain in
                                                 (45.7 cm), TL, for females. Increasing                                                                        effect until modified. The recreational
                                                 the minimum size limit to 18 inches                       In addition to the management
                                                                                                                                                               ACT would be 103,121 fish for 2018,
                                                 (45.7 cm), TL, would allow more                         measures codified through this
                                                                                                                                                               106,051 fish for 2019, and 108,048 fish
                                                 individual mutton snapper to reach                      proposed rule, and the ABC that was
                                                                                                                                                               for 2020 and subsequent fishing years.
                                                 reproductive activity before being                      previously described, Amendment 41
                                                                                                                                                               NMFS notes that the current and
                                                 susceptible to harvest, and is also                     would specify the maximum sustainable
                                                                                                                                                               proposed recreational ACTs are used
                                                 projected to increase the average size                  yield (MSY), minimum stock size
                                                                                                                                                               only for monitoring purposes and do not
                                                 and the corresponding average weight of                 threshold (MSST), and recreational
                                                                                                                                                               trigger a recreational accountability
                                                 fish harvested.                                         annual catch targets (ACTs) for mutton
                                                                                                                                                               measure.
                                                                                                         snapper, as well as designating
                                                 Commercial Trip Limits                                  spawning months.                                      Spawning Months
                                                    Currently, there is no year-round                    Maximum Sustainable Yield and                           Currently, there is no designated
                                                 commercial trip limit for mutton                        Minimum Stock Size Threshold                          spawning season for mutton snapper in
                                                 snapper in the South Atlantic. However,                                                                       the South Atlantic; however, to protect
                                                                                                            Currently, the MSY for mutton                      spawning fish, a May through June
                                                 during May and June of each year, there                 snapper in the South Atlantic equals the
                                                 is a seasonal harvest limitation                                                                              seasonal harvest limitation applies to
                                                                                                         yield produced by the fishing mortality               vessels with a Federal commercial
                                                 (equivalent to a commercial trip limit)                 rate at MSY (FMSY) (where F equals
                                                 for the possession of mutton snapper in                                                                       permit for South Atlantic snapper-
                                                                                                         fishing mortality that if applied                     grouper, and there are no similar
                                                 or from the EEZ on board a vessel that                  constantly, would achieve MSY under
                                                 has a Federal commercial permit for                                                                           management measures in place to
                                                                                                         equilibrium conditions). The FMSY                     constrain recreational harvest in May
                                                 South Atlantic snapper-grouper. During                  proxy is F30≠SPR, or the fishing mortality
                                                 these two months, the commercial                                                                              and June. Amendment 41 would
                                                                                                         that will produce a static spawning per               designate April through June as
                                                 harvest of mutton snapper is limited to                 recruit. Amendment 41 would change
                                                 10 per person per day or 10 per person                                                                        spawning months, during which the
                                                                                                         the MSY definition to the yield                       proposed commercial trip limits, would
                                                 per trip, whichever is more restrictive                 produced by FMSY or the FMSY proxy,
                                                 (50 CFR 622.184(b)).                                                                                          apply. The South Atlantic Council
                                                                                                         with the MSY and FMSY proxy                           considered additional recreational
                                                    Amendment 41 and this proposed                       recommended by the most recent stock                  management measures specific to the
                                                 rule would replace the current seasonal                 assessment. If this MSY definition is                 proposed spawning months but chose to
                                                 harvest limitation for the commercial                   implemented, future MSY numerical                     reduce the bag limit year-round instead.
                                                 sector each year in May and June, and                   values could be updated following a
                                                 would implement commercial trip                         stock assessment, SSC review and                      Classification
                                                 limits for the purposes of maintaining a                recommendation, and acceptance of that                  Pursuant to section 304(b)(1)(A) of the
                                                 year-round commercial fishing season                    recommendation by the South Atlantic                  Magnuson-Stevens Act, the NMFS
                                                 and reducing harvest on mutton snapper                  Council. Currently, MSY numerical                     Assistant Administrator has determined
                                                 when they aggregate to spawn. During                    values for mutton snapper are not                     that this proposed rule is consistent
                                                 the mutton snapper spawning months of                   specified because the South Atlantic                  with Amendment 41, the FMP, other
                                                 April through June, this proposed rule                  Council did not specify the MSY                       provisions of the Magnuson-Stevens
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                                                 would establish a commercial trip limit                 estimate from SEDAR 15A. Based on the                 Act, and other applicable laws, subject
                                                 of five fish per person per day or five                 SEDAR 15A Update and the new MSY                      to further consideration after public
                                                 fish per person per trip, whichever is                  definition, the resulting MSY for mutton              comment.
                                                 more restrictive. For the remainder of                  snapper stock in the South Atlantic                     This proposed rule has been
                                                 the year (January through March and                     would be 912,500 lb (413,903 kg).                     determined to be not significant for
                                                 July through December), this proposed                      Currently, the MSST is equal to the                purposes of Executive Order 12866.
                                                 rule would establish a 500-lb (227-kg)                  spawning stock biomass at MSY                           The Magnuson-Stevens Act provides
                                                 commercial trip limit.                                  (SSBMSY)*(1–M) or 0.5, whichever is                   the statutory basis for this proposed


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                                                 49170                 Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules

                                                 rule. No duplicative, overlapping, or                   snapper. None of these actions would                  months. Therefore, the commercial trip
                                                 conflicting Federal rules have been                     have a direct economic impact on any                  limit during the spawning months is
                                                 identified. A description of this                       small business, and any indirect                      expected to have no impact on small
                                                 proposed rule and its purpose and need                  impacts would be dependent on                         businesses.
                                                 are contained in the preamble and in the                subsequent actions.                                      The proposed rule would establish a
                                                 SUMMARY section of the preamble.                           The proposed rule would reduce the                 commercial trip limit of 500 lb (227 kg),
                                                    The Chief Counsel for Regulation of                  commercial ACL for mutton snapper                     round weight, of mutton snapper per
                                                 the Department of Commerce certified                    from 157,743 lb (71,551 kg) to 100,015                trip during the 9 non-spawning months
                                                 to the Chief Counsel for Advocacy of the                lb (45,366 kg), round weight, in the 2017             of the fishing year. From 2010 through
                                                 Small Business Administration (SBA)                     fishing year. Subsequently, the
                                                                                                                                                               2014, an annual average of 4 vessels
                                                 that this proposed rule, if adopted,                    commercial ACL would increase
                                                                                                                                                               collectively made 7 trips that landed
                                                 would not have a significant economic                   annually up to 111,354 lb (50,509 kg),
                                                                                                                                                               more than 500 lb (227 kg), round
                                                 impact on a substantial number of small                 round weight, in the 2020 and
                                                                                                                                                               weight, of mutton snapper. The four
                                                 entities. An RFA analysis and later a                   subsequent fishing years. Since 2012,
                                                                                                                                                               vessels and seven trips represent 1.5
                                                 supplemental RFA analysis were                          annual total commercial landings of
                                                                                                                                                               percent of the average annual vessels
                                                 conducted for this proposed rule and                    mutton snapper have been less than
                                                                                                                                                               and 0.5 percent of the average annual
                                                 the factual basis for this certification is             93,000 lb (42,184 kg), round weight.
                                                                                                                                                               trips that landed mutton snapper. The
                                                 as follows.                                             Therefore, the proposed commercial
                                                    This proposed rule affects commercial                                                                      four vessels also represent up to 1.7
                                                                                                         ACL is expected to have no impact on
                                                 and recreational fishing for mutton                     small businesses.                                     percent of the small businesses that
                                                 snapper in the South Atlantic EEZ.                         The proposed rule would increase the               could be directly affected by the
                                                 Recreational fishermen (anglers) are not                minimum size limit for mutton snapper                 proposed rule. NMFS estimates these 4
                                                 considered ‘‘small entities’’ as that term              from 16 inches (41 cm) to 18 inches (46               vessels would lose an average weight of
                                                 is defined in 5 U.S.C. 601(6).                          cm), TL. The minimum size limit                       mutton snapper landings 425 lb (193
                                                 Consequently, estimates of the number                   increase could reduce average annual                  kg), gutted weight, for each trip over the
                                                 of anglers directly affected by this                    landings by 3.8 percent. With average                 500 lb (227 kg), round weight, limit, and
                                                 proposed rule and the impacts on them                   annual landings of 217 lb (98 kg), gutted             their combined losses would be 2,975 lb
                                                 are not provided here.                                  weight, of mutton snapper per vessel, a               (1,349 kg) gutted weight, annually. The
                                                    An annual average of 274 federally                   3.8 percent reduction in mutton snapper               average annual loss for each these 4
                                                 permitted commercial fishing vessels                    landings would reduce the average                     vessels would be approximately 744 lb
                                                 harvested mutton snapper in the South                   vessel’s landings of mutton snapper by                (337 kg), gutted weight, with a dockside
                                                 Atlantic from 2010 through 2014, and it                 approximately 8 lb (4 kg), gutted weight,             value of $2,239. That decrease
                                                 is estimated that 230 businesses own                    and its dockside revenue by $24.82                    represents approximately 4.1 percent of
                                                 these commercial fishing vessels.                       annually. That loss represents                        the average annual dockside revenue for
                                                 During that 5-year period, which                        approximately 0.05 percent of the                     all vessels that land mutton snapper;
                                                 represents the best scientific                          average vessel’s annual dockside                      however, these four vessels have much
                                                 information available for landings and                  revenue from all landings ($54,078).                  higher than average landings and are
                                                 nominal revenues of mutton snapper,                        Amendment 41 would designate                       expected to have annual revenues
                                                 the average vessel that harvests mutton                 April, May, and June as spawning                      higher than the average.
                                                 snapper lands an average of 217 lb (98                  months and the proposed rule would                       In conclusion, NMFS estimates 98.5
                                                 kg), gutted weight, of the species                      establish a commercial trip limit for                 percent of the vessels and
                                                 annually with a dockside value of $655                  each person of 5 mutton snapper per                   approximately 99 percent of the small
                                                 (2015 dollars used throughout this                      day or per trip, whichever is more                    businesses would have a 0.05 percent
                                                 analysis). That average vessel’s annual                 restrictive, during those 3 months.                   decrease in average annual total
                                                 dockside revenue from all landings is                   There is currently a seasonal harvest                 dockside revenue because of this
                                                 $54,078, and mutton snapper landings                    limitation (equivalent to a commercial                proposed rule. NMFS also estimates 1.5
                                                 represent 1.2 percent of the average                    trip limit), for a vessel with a Federal              percent of the vessels and
                                                 annual dockside revenue from all                        commercial permit for South Atlantic                  approximately 1 percent of the small
                                                 landings.                                               snapper-grouper, for each person of 10                businesses that land over 500 lb (227
                                                    For RFA purposes, NMFS has                           mutton snapper per day or per trip,                   kg), round weight, of mutton snapper in
                                                 established a small business size                       whichever is more restrictive, during                 a trip could experience a decrease in
                                                 standard for businesses, including their                May and June each year, and no                        annual revenue of up to 4.1 percent;
                                                 affiliates, whose primary industry is                   commercial trip limit during the rest of              however, that percentage is based on the
                                                 commercial fishing (see 50 CFR 200.2).                  the year. Based on the average numbers                average vessel that lands mutton
                                                 A business primarily involved in                        of 2 crew members and 2 days per                      snapper and these 4 vessels have above
                                                 commercial fishing (NAICS 11411) is                     commercial trip for those vessels that                average landings and revenues.
                                                 classified as a small business if it is                 landed mutton snapper in all months
                                                 independently owned and operated, is                    every year from 2010 through 2014,                       Because this proposed rule would not
                                                 not dominant in its field of operation                  NMFS expects the limit of 5 mutton                    have a significant economic effect on a
                                                 (including its affiliates), and its                     snapper per person per commercial trip                substantial number of small entities, an
                                                 combined annual receipts are not in                     would be the more restrictive limit.                  initial regulatory flexibility analysis is
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                                                 excess of $11 million for all of its                       NMFS estimates the maximum                         not required and none has been
                                                 affiliated operations worldwide. Based                  number of mutton snapper that could be                prepared.
                                                 on the above estimate of average annual                 landed by a vessel during the three                      No new reporting, record-keeping, or
                                                 revenue for a vessel that lands mutton                  designated spawning months with the                   other compliance requirements are
                                                 snapper, it is expected that most to all                average number of crew, regardless of                 introduced by this proposed rule.
                                                 of the 230 businesses are small.                        gear, would be equal to or greater than               Accordingly, this proposed rule does
                                                    Amendment 41 would specify the                       the expected number of mutton snapper                 not implicate the Paperwork Reduction
                                                 MSY, MSST, and OY for mutton                            that would be landed during those                     Act.


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                                                                       Federal Register / Vol. 82, No. 204 / Tuesday, October 24, 2017 / Proposed Rules                                               49171

                                                 List of Subjects in 50 CFR Part 622                     § 622.193(o)(1) for the limitations                      (2) Recreational sector. (i) If
                                                   Fisheries, Fishing, Mutton snapper,                   regarding mutton snapper after the                    recreational landings for mutton
                                                 South Atlantic.                                         commercial ACL is reached.                            snapper, as estimated by the SRD, reach
                                                                                                            (i) From January 1 through March 31,               or are projected to reach the applicable
                                                   Dated: October 18, 2017.                              and July 1 through December 31—500 lb                 recreational ACL specified in paragraph
                                                 Samuel D. Rauch III,                                    (227 kg), round weight.                               (o)(2)(iii) of this section, the AA will file
                                                 Deputy Assistant Administrator for                         (ii) From April 1 through June 30—5                a notification with the Office of the
                                                 Regulatory Programs, National Marine                    fish per person per day or 5 fish per                 Federal Register to close the recreational
                                                 Fisheries Service.                                      person per trip, whichever is more                    sector for the remainder of the fishing
                                                   For the reasons set out in the                        restrictive.                                          year regardless if the stock is overfished,
                                                 preamble, 50 CFR part 622 is proposed                   *       *    *    *     *                             unless NMFS determines that no closure
                                                 to be amended as follows:                               ■ 7. In § 622.193, revise paragraph (o) to            is necessary based on the best scientific
                                                                                                         read as follows:                                      information available. On and after the
                                                 PART 622—FISHERIES OF THE                                                                                     effective date of such a notification, the
                                                 CARIBBEAN, GULF OF MEXICO, AND                          § 622.193 Annual catch limits (ACLs),
                                                                                                         annual catch targets (ACTs), and                      bag and possession limits for mutton
                                                 SOUTH ATLANTIC                                                                                                snapper in or from the South Atlantic
                                                                                                         accountability measures (AMs).
                                                 ■ 1. The authority citation for part 622                *       *     *   *     *                             EEZ are zero.
                                                 continues to read as follows:                              (o) Mutton snapper—(1) Commercial                     (ii) If recreational landings for mutton
                                                     Authority: 16 U.S.C. 1801 et seq.                   sector. (i) If commercial landings for                snapper, as estimated by the SRD,
                                                                                                         mutton snapper, as estimated by the                   exceed the applicable recreational ACL
                                                 § 622.184    [Amended]                                  SRD, reach or are projected to reach the              specified in paragraph (o)(2)(iii) of this
                                                 ■ 2. In § 622.184, remove and reserve                   applicable commercial ACL specified in                section, then during the following
                                                 paragraph (b).                                          paragraph (o)(1)(iii) of this section, the            fishing year recreational landings will
                                                 ■ 3. In § 622.185, revise paragraph (a)(4)              AA will file a notification with the                  be monitored for a persistence in
                                                 to read as follows:                                     Office of the Federal Register to close               increased landings, and if necessary, the
                                                                                                         the commercial sector for the remainder               AA will file a notification with the
                                                 § 622.185    Size limits.                               of the fishing year. On and after the                 Office of the Federal Register to reduce
                                                 *     *     *     *     *                               effective date of such a notification, all            the length of the recreational fishing
                                                   (a) * * *                                             sale or purchase of mutton snapper is                 season and the recreational ACL by the
                                                   (4) Mutton snapper—18 inches (45.7                    prohibited and harvest or possession of               amount of the recreational ACL overage,
                                                 cm), TL.                                                mutton snapper in or from the South                   if the species is overfished based on the
                                                 *     *     *     *     *                               Atlantic EEZ is limited to the bag and                most recent Status of U.S. Fisheries
                                                 ■ 4. In § 622.187, revise paragraph (b)(4)              possession limits. These bag and                      Report to Congress, and if the applicable
                                                 to read as follows:                                     possession limits apply in the South                  combined commercial and recreational
                                                                                                         Atlantic on board a vessel for which a                ACL specified in paragraph (o)(3) of this
                                                 § 622.187    Bag and possession limits.                 valid Federal commercial or charter                   section is exceeded during the same
                                                 *       *    *    *     *                               vessel/headboat permit for South                      fishing year. NMFS will use the best
                                                    (b) * * *                                            Atlantic snapper-grouper has been                     scientific information available to
                                                    (4) Snappers, combined—10. (i)                       issued, without regard to where such                  determine if reducing the length of the
                                                 Within the 10-fish bag limit, no more                   species were harvested, i.e., in state or             recreational fishing season and
                                                 than 5 fish may be mutton snapper.                      Federal waters.                                       recreational ACL is necessary. When the
                                                    (ii) Excluded from this 10-fish bag                     (ii) If commercial landings for mutton             recreational sector is closed as a result
                                                 limit are cubera snapper, measuring 30                  snapper, as estimated by the SRD,                     of NMFS reducing the length of the
                                                 inches (76.2 cm), TL, or larger, in the                 exceed the applicable commercial ACL                  recreational fishing season and ACL, the
                                                 South Atlantic off Florida, and red                     specified in paragraph (o)(1)(iii) of this            bag and possession limits for mutton
                                                 snapper and vermilion snapper. (See                     section, and the applicable combined                  snapper in or from the South Atlantic
                                                 § 622.181(b)(2) for the prohibitions on                 commercial and recreational ACL                       EEZ are zero.
                                                 harvest or possession of red snapper,                   specified in paragraph (o)(3) of this                    (iii) The recreational ACLs for the
                                                 except during a limited recreational                    section is exceeded during the same                   following fishing years are given in
                                                 fishing season, and § 622.181(c)(1) for                 fishing year, and the species is                      numbers of fish. For 2017—116,127; for
                                                 limitations on cubera snapper                           overfished based on the most recent                   2018—121,318; for 2019—124,766; for
                                                 measuring 30 inches (76.2 cm), TL, or                   Status of U.S. Fisheries Report to                    2020 and subsequent fishing years—
                                                 larger, in or from the South Atlantic EEZ               Congress, the AA will file a notification             127,115.
                                                 off Florida.)                                           with the Office of the Federal Register
                                                 *       *    *    *     *                               to reduce the commercial ACL in the                      (3) The combined commercial and
                                                 ■ 5. In § 622.191, add paragraph (a)(13)                following fishing year by the amount of               recreational ACLs for the following
                                                 to read as follows:                                     the commercial ACL overage in the                     fishing years are given in round weight.
                                                                                                         prior fishing year.                                   For 2017—587,633 lb (266,546 kg); for
                                                 622.191     Commercial trip limits.                        (iii) The commercial ACLs for the                  2018—612,401 lb (277,780 kg); for
                                                 *     *    *     *       *                              following fishing years are given in                  2019—634,435 lb (287,775 kg); for 2020
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                                                   (a) * * *                                             round weight. For 2017—100,015 lb                     and subsequent fishing years—654,257
                                                   (13) Mutton snapper. The following                    (45,366 kg); for 2018—104,231 lb                      lb (296,766 kg).
                                                 commercial trip limits apply until the                  (47,278 kg); for 2019—107,981 lb                      *       *     *     *     *
                                                 applicable commercial ACL in                            (48,979 kg); for 2020 and subsequent                  [FR Doc. 2017–23002 Filed 10–23–17; 8:45 am]
                                                 § 622.193(o)(1)(iii) is reached. See                    fishing years—111,354 lb (50,509 kg).                 BILLING CODE 3510–22–P




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Document Created: 2018-10-25 10:10:53
Document Modified: 2018-10-25 10:10:53
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 on the proposed rule must be received by November 24, 2017.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 49167 
RIN Number0648-BG77
CFR AssociatedFisheries; Fishing; Mutton Snapper and South Atlantic

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