82_FR_55296 82 FR 55074 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan

82 FR 55074 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 222 (November 20, 2017)

Page Range55074-55077
FR Document2017-25050

NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this proposed rule would revise the commercial and recreational annual catch limits (ACLs) and annual catch targets (ACTs), and modify the recreational fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone. The purpose of this proposed rule and the framework action is to adjust the rebuilding time period, to revise the sector ACLs and ACTs, and to incorporate updated stock status information to end overfishing and rebuild the greater amberjack stock in the Gulf.

Federal Register, Volume 82 Issue 222 (Monday, November 20, 2017)
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Proposed Rules]
[Pages 55074-55077]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170816768-7768-01]
RIN 0648-BH14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater 
Amberjack Allowable Harvest and Rebuilding Plan

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 a 
framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this 
proposed rule would revise the commercial and recreational annual catch 
limits (ACLs) and annual catch targets (ACTs), and modify the 
recreational fixed closed season for greater amberjack in the Gulf of 
Mexico (Gulf) exclusive economic zone. The purpose of this proposed 
rule and the framework action is to adjust the rebuilding time period, 
to revise the sector ACLs and ACTs, and to incorporate updated stock 
status information to end overfishing and rebuild the greater amberjack 
stock in the Gulf.

DATES: Written comments must be received on or before December 5, 2017.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2017-0116'' by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0116, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kelli O'Donnell, 
Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, 
FL 33701.
     Instructions: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by NMFS. All comments received are a part 
of the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis may be obtained from the Southeast 
Regional Office Web site at
    http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/GAJ_Framework/gaj_framework.pdf.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
greater amberjack, is managed under the FMP. The Council prepared the 
FMP and NMFS implements the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Steven Act) 
through regulations at 50 CFR part 622.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the optimum yield from federally managed fish stocks 
to ensure that fishery resources are managed for the greatest overall 
benefit to the nation.
    The greater amberjack resource in the Gulf was declared overfished 
by NMFS on February 9, 2001. Secretarial Amendment 2 established a 
greater amberjack rebuilding plan which started in 2003 and ended in 
2012 (68 FR 39898; July 3, 2003). In 2006, a Southeast Data Assessment 
and Review (SEDAR) benchmark stock assessment (SEDAR 9) was completed 
for greater amberjack and was subsequently updated in 2010 (SEDAR 9 
Update). In response to results from SEDAR 9 that showed the stock 
continued to be overfished and undergoing overfishing, the rebuilding 
plan was revised in Amendment 30A to the FMP (73 FR 38139; July 3, 
2008). Results from the SEDAR 9 Update showed the stock continued to be 
overfished and undergoing overfishing, thereby necessitating further 
adjustment of the greater amberjack rebuilding plan, implemented in 
Amendment 35 to the FMP (77 FR 67574; December 13, 2012). However, 
after the time period for rebuilding the stock that was put in effect 
through the final rule for Secretarial Amendment 2 ended in 2012, NMFS 
determined in a 2014 stock assessment (SEDAR 33) that the stock was not 
rebuilt, and remained overfished and was undergoing overfishing. In 
response to the results of SEDAR 33, the rebuilding plan was revised 
and the catch levels were reduced in a 2015 framework action (80 FR 
75432; December 2, 2015). The current rebuilding time period, 
established by the 2015 framework action, ends in 2019.
    A 2016 update to SEDAR 33 (SEDAR 33 Update) indicated the Gulf 
greater amberjack stock remained overfished and was undergoing 
overfishing, and would not rebuild by 2019, as previously estimated. 
The Council's Scientific and Statistical Committee (SSC) reviewed this 
assessment at their March 2017 meeting and provided the Council new 
overfishing limits (OFL) and acceptable biological catches (ABC) for a 
period of 3 years beginning in 2018. The ABCs recommended by the 
Council's SSC are: 1,182,000 lb (536,146 kg) for 2018; 1,489,000 lb 
(675,399 kg) for 2019; and 1,794,000 lb (813,744 kg) for 2020. All 
weights described in this proposed rule are in pounds round weight. 
Constraining catch to the ABC (equivalent to 75 percent of the maximum 
fishing mortality threshold) is expected to end overfishing and rebuild 
the stock by 2027.
    In May 2017, pursuant to paragraph (7) of section 304(e) of the 
Magnuson-Stevens Act (16 U.S.C. 1854(e)), NMFS notified the Council of 
the 2016 SEDAR 33 Update results that indicated that the greater 
amberjack stock continued to be overfished and undergoing overfishing. 
Following that notification, the Council was required under section 
304(e)(3) of the Magnuson-Stevens Act to prepare regulations within 2 
years to end overfishing immediately and rebuild the greater amberjack 
stock.
    The Council decided to set the stock ACL equal to the SSC's ABC 
recommendation for 2018 through 2020, keeping the stock ACL for 2020 in 
effect for subsequent years unless changed. The Council did not 
consider any change to the allocation of the stock

[[Page 55075]]

ACL, which is 72 percent to the recreational sector and 27 percent to 
the commercial sector. To account for management uncertainty, the 
Council applied the ACL/ACT control rule from the Generic Annual Catch 
Limits/Accountability Measures Amendment (76 FR 82044; December 29, 
2011)(using landings from 2013 through 2016) and established a 13 
percent buffer between the commercial ACL and ACT and a 17 percent 
buffer between the recreational ACL and ACT. The revised sector ACLs 
and ACTs are expected to rebuild the stock by 2027. The Council also 
considered alternatives that would have set the stock ACL equal to the 
lowest ABC recommended by the SSC (constant catch ACL), rebuilding the 
stock by 2024, or set the stock ACL at zero, rebuilding the stock by 
2022. However, because the constant catch ACL and zero ACL alternatives 
would have greater negative socio-economic impacts on fishing 
communities for relatively minor biological benefits, the Council 
determined that the 10-year rebuilding time period that ends in 2027 
was as short as possible, taking into account the status and biology of 
the stock and the needs of the associated fishing communities.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the commercial and recreational 
ACLs and ACTs (which are expressed as quotas in the regulatory text), 
and would revise the recreational fixed closed season for greater 
amberjack in the Gulf.

Commercial and Recreational ACLs and ACTs

    The current commercial ACL is 464,400 lb (210,648 kg) and the 
commercial ACT is 394,740 lb (179,051 kg). The current recreational ACL 
is 1,255,600 lb (569,530 kg) and the recreational ACT is 1,092,372 lb 
(495,492 kg).
    This proposed rule would revise the commercial and recreational 
ACLs and ACTs for Gulf greater amberjack based on the results of the 
SEDAR 33 Update and the ABC recommendations from the Council's SSC. 
This proposed rule would set the commercial ACL at 319,140 lb (144,759 
kg) for 2018, 402,030 lb (182,357 kg) for 2019, and 484,380 lb (219,711 
kg) for 2020 and subsequent years. The commercial ACT would be set at 
277,651 lb (125,940 kg) for 2018, 349,766 lb (158,651 kg) for 2019, and 
421,411 lb (191,148 kg) for 2020 and subsequent years. The recreational 
ACL would be set at 862,860 lb (391,386 kg) for 2018, 1,086,970 lb 
(493,041 kg) for 2019, and 1,309,620 lb (594,033 kg) for 2020 and 
subsequent years. The recreational ACT would be set at 716,173 lb 
(354,850 kg) for 2018, 902,185 lb (409,223 kg) for 2019, and 1,086,985 
lb (493,047 kg) for 2020 and subsequent years.

Recreational Fixed Closed Season

    This proposed rule would revise the greater amberjack recreational 
fixed closed season from June 1 through July 31, which was established 
in the final rule for Amendment 35 to the FMP (77 FR 67574; November 
13, 2012). This closed season was implemented to restrict harvest 
during times of peak fishing effort in order to prevent a recreational 
in-season quota closure, and thus effectively provide a longer fishing 
season for the recreational sector. The June 1 through July 31 greater 
amberjack recreational fixed closed season also was intended to allow 
for the harvest of one highly targeted species (red snapper) when the 
fishing season for the other species (greater amberjack) was closed. 
However, in-season closures of the greater amberjack have continued to 
occur, and the reduction of the recreational red snapper season, which 
opens on June 1 each year, has resulted in closures for both of these 
species simultaneously. This proposed rule would change the 
recreational fixed closed season for greater amberjack to January 1 
through June 30. The Council determined that extending the length of 
the recreational fixed closed season to the six-month period of January 
1 through June 30 would protect greater amberjack during peak spawning 
in the majority of the Gulf (March through April), thereby contributing 
to rebuilding the greater amberjack stock. The Council also determined 
that this proposed 6-month fixed closed season would reduce the 
likelihood that the recreational sector would exceed its ACL. The 
Council intended this new 6-month fixed closed season to be a temporary 
measure to give the Council time to develop and complete a subsequent 
framework action that would allow a spring and fall recreational 
fishing season. At the October 2017 meeting, the Council approved a 
subsequent framework action that would modify the 6-month fixed closed 
season to create two separate fishing seasons: a spring season open 
from May 1 through May 31, and a fall season open from August 1 through 
October 31.

Actions Contained in the Framework Action Not Codified Through This 
Proposed Rule

    In addition to the measures proposed in this rule, the framework 
action would revise the greater amberjack ABC and OFL based upon the 
results of the SEDAR 33 Update and the Council's SSC recommendations. 
The current greater amberjack ABC is 1,720,000 lb (780,179 kg), and the 
current OFL is 3,420,000 lb (1,551,286 kg), which were established in 
the final rule implementing the 2015 framework action (80 FR 75432; 
December 2, 2015). This framework action would revise the ABC and OFL 
for 3 years, beginning in 2018. The ABC, which is equal to the stock 
ACL, would be set at 1,182,000 lb (536,146 kg) for 2018, 1,489,000 lb 
(675,399 kg) for 2019, and 1,794,000 lb (813,744 kg) for 2020 and 
subsequent years. The OFL would be set at 1,500,000 lb (680,388 kg) for 
2018; 1,836,000 lb (832,795 kg) for 2019; and 2,167,000 lb (982,934 kg) 
for 2020 and subsequent years.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, the FMP, the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination follows.
    A description of the proposed rule, why it is being considered, and 
the objectives of, and legal basis for this proposed rule are contained 
in the preamble of this rule at the beginning of the SUPPLEMENTARY 
INFORMATION section and in the SUMMARY section. The Magnuson-Stevens 
Act provides the statutory basis for this rule. No duplicative, 
overlapping, or conflicting Federal rules have been identified. In 
addition, no new reporting, record-keeping, or other compliance 
requirements are introduced by this proposed rule. Accordingly, the 
requirements of the Paperwork Reduction Act do not apply to this 
proposed rule.
    This proposed rule, if implemented, would be expected to directly 
affect all

[[Page 55076]]

federally permitted commercial reef fish vessels that harvest Gulf 
greater amberjack under the FMP. Changing recreational ACLs and ACTs 
and modifying the fixed seasonal closure in this proposed rule would 
not directly affect charter vessel and headboat (for-hire) businesses. 
Any impact to the profitability or competitiveness of for-hire fishing 
businesses would be the result of changes in for-hire angler demand 
and, therefore, would be indirect in nature. The RFA does not consider 
recreational anglers, who would be directly affected by this proposed 
rule, to be small entities, so they are outside the scope of this 
analysis. Thus, only the effects on commercial vessels were analyzed. 
For RFA purposes only, 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 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    As of October 2, 2017, there were 841 vessels with valid or 
renewable Federal Gulf reef fish commercial vessel permits. From 2010 
through 2015, an average of 185 federally permitted commercial reef 
fish vessels per year landed greater amberjack in the Gulf (Federal and 
state waters). These vessels, combined, averaged 522 trips per year in 
the Gulf on which greater amberjack were landed, and 2,935 other trips 
in the Gulf on which no greater amberjack were landed or trips that 
occurred in the South Atlantic. The average annual total dockside 
revenue (2015 dollars) was approximately $0.54 million from greater 
amberjack, approximately $4.44 million from other species co-harvested 
with greater amberjack (on the same trips), and approximately $26.75 
million from other trips by these vessels in the Gulf on which no 
greater amberjack were harvested or on trips that occurred in the South 
Atlantic. Total average annual revenue from all species harvested by 
vessels harvesting greater amberjack in the Gulf was approximately 
$31.74 million, or approximately $171,971 per vessel. These vessels 
generated approximately 1.7 percent of their total fishing revenues 
from greater amberjack. Based on the foregoing revenue information, all 
commercial vessels affected by the proposed rule are assumed to be 
small entities.
    Because all entities expected to be directly affected by this 
proposed rule are assumed to be small entities, NMFS has determined 
that this proposed rule would affect a substantial number of small 
entities; however, the issue of disproportionate effects on small 
versus large entities does not arise in the present case.
    Modifying the greater amberjack ACLs and ACTs starting in 2018 is 
projected to rebuild the stock by 2027. The revisions to the sector 
ACLs and ACTs would result in total ex-vessel revenue reductions of 
approximately $161,000 in 2018 and $62,000 in 2019. Beginning in 2020, 
total ex-vessel revenues would increase annually by approximately 
$36,000. Over the entire rebuilding period (2018-2027), total ex-vessel 
revenues would increase by approximately $70,000 for all vessels 
combined, or $378 per vessel. It is possible that some vessels may 
experience profit reductions, particularly in the first two years of 
the rebuilding period, but on average, the profit reductions would be 
relatively small because ex-vessel revenues from greater amberjack 
account for only 1.7 percent of total ex-vessel revenues for an average 
vessel. More economic benefits, such as higher ex-vessel revenues, may 
be expected after the stock is rebuilt in 2027 when less stringent 
measures, such as higher ACLs/ACTs, could be established.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: November 14, 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.

0
2. In Sec.  622.34, revise paragraph (c) to read as follows:


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

* * * * *
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from January 1 through June 30, each year. During 
the closure, the bag and possession limit for greater amberjack in or 
from the Gulf EEZ is zero.
* * * * *
0
3. In Sec.  622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--(A) For fishing year 2018--277,651 lb 
(125,940.38 kg), round weight.
    (B) For fishing year 2019--349,766 lb (158,651 kg), round weight.
    (C) For fishing year 2020 and subsequent years--421,411 lb (191,149 
kg), round weight.
* * * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack, in round weight, is 716,173 lb (324,851 
kg), for 2018, 902,185 lb (409,224 kg), for 2019, 1,086,985 lb (493,048 
kg), for 2020 and subsequent fishing years.
* * * * *
0
4. In Sec.  622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to 
read as follows:


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

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack, in round weight, is 
319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019, 
and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years.
    (2) * * *
    (iii) The recreational ACL for greater amberjack, in round weight, 
is 862,860 lb (391,387 kg), for 2018, 1,086,970 lb (493,041 kg), for 
2019, and 1,309,620 lb

[[Page 55077]]

(594,034 kg), for 2020 and subsequent fishing years.
* * * * *
[FR Doc. 2017-25050 Filed 11-17-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                  55074                Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Proposed Rules

                                                    Dated: November 9, 2017.                              Office, NMFS, 263 13th Avenue South,                  the rebuilding plan was revised in
                                                  Samuel Coleman,                                         St. Petersburg, FL 33701.                             Amendment 30A to the FMP (73 FR
                                                  Acting Regional Administrator, Region 6.                   • Instructions: Comments sent by any               38139; July 3, 2008). Results from the
                                                  [FR Doc. 2017–25045 Filed 11–17–17; 8:45 am]            other method, to any other address or                 SEDAR 9 Update showed the stock
                                                  BILLING CODE 6560–50–P
                                                                                                          individual, or received after the end of              continued to be overfished and
                                                                                                          the comment period, may not be                        undergoing overfishing, thereby
                                                                                                          considered by NMFS. All comments                      necessitating further adjustment of the
                                                                                                          received are a part of the public record              greater amberjack rebuilding plan,
                                                  DEPARTMENT OF COMMERCE                                  and will generally be posted for public               implemented in Amendment 35 to the
                                                  National Oceanic and Atmospheric                        viewing on www.regulations.gov                        FMP (77 FR 67574; December 13, 2012).
                                                  Administration                                          without change. All personal identifying              However, after the time period for
                                                                                                          information (e.g., name, address),                    rebuilding the stock that was put in
                                                  50 CFR Part 622                                         confidential business information, or                 effect through the final rule for
                                                                                                          otherwise sensitive information                       Secretarial Amendment 2 ended in
                                                  [Docket No. 170816768–7768–01]                          submitted voluntarily by the sender will              2012, NMFS determined in a 2014 stock
                                                                                                          be publicly accessible. NMFS will                     assessment (SEDAR 33) that the stock
                                                  RIN 0648–BH14                                                                                                 was not rebuilt, and remained
                                                                                                          accept anonymous comments (enter ‘‘N/
                                                  Fisheries of the Caribbean, Gulf of                     A’’ in the required fields if you wish to             overfished and was undergoing
                                                                                                          remain anonymous).                                    overfishing. In response to the results of
                                                  Mexico, and South Atlantic; Reef Fish
                                                                                                             Electronic copies of the framework                 SEDAR 33, the rebuilding plan was
                                                  Fishery of the Gulf of Mexico;
                                                                                                          action, which includes an                             revised and the catch levels were
                                                  Modifications to Greater Amberjack
                                                                                                          environmental assessment, a regulatory                reduced in a 2015 framework action (80
                                                  Allowable Harvest and Rebuilding Plan
                                                                                                          impact review, and a Regulatory                       FR 75432; December 2, 2015). The
                                                  AGENCY:  National Marine Fisheries                      Flexibility Act (RFA) analysis may be                 current rebuilding time period,
                                                  Service (NMFS), National Oceanic and                    obtained from the Southeast Regional                  established by the 2015 framework
                                                  Atmospheric Administration (NOAA),                      Office Web site at                                    action, ends in 2019.
                                                  Commerce.                                                  http://sero.nmfs.noaa.gov/                            A 2016 update to SEDAR 33 (SEDAR
                                                  ACTION: Proposed rule; request for                      sustainable_fisheries/gulf_fisheries/                 33 Update) indicated the Gulf greater
                                                  comments.                                               reef_fish/2017/GAJ_Framework/gaj_                     amberjack stock remained overfished
                                                                                                          framework.pdf.                                        and was undergoing overfishing, and
                                                  SUMMARY:   NMFS proposes to implement                                                                         would not rebuild by 2019, as
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  management measures described in a                                                                            previously estimated. The Council’s
                                                                                                          Kelli O’Donnell, Southeast Regional                   Scientific and Statistical Committee
                                                  framework action to the Fishery                         Office, NMFS, telephone: 727–824–
                                                  Management Plan for the Reef Fish                                                                             (SSC) reviewed this assessment at their
                                                                                                          5305, email: Kelli.ODonnell@noaa.gov.                 March 2017 meeting and provided the
                                                  Resources of the Gulf of Mexico (FMP),
                                                                                                          SUPPLEMENTARY INFORMATION: The Gulf                   Council new overfishing limits (OFL)
                                                  as prepared by the Gulf of Mexico
                                                  Fishery Management Council (Council).                   reef fish fishery, which includes greater             and acceptable biological catches (ABC)
                                                  If implemented, this proposed rule                      amberjack, is managed under the FMP.                  for a period of 3 years beginning in
                                                  would revise the commercial and                         The Council prepared the FMP and                      2018. The ABCs recommended by the
                                                  recreational annual catch limits (ACLs)                 NMFS implements the FMP under the                     Council’s SSC are: 1,182,000 lb (536,146
                                                  and annual catch targets (ACTs), and                    authority of the Magnuson-Stevens                     kg) for 2018; 1,489,000 lb (675,399 kg)
                                                  modify the recreational fixed closed                    Fishery Conservation and Management                   for 2019; and 1,794,000 lb (813,744 kg)
                                                  season for greater amberjack in the Gulf                Act (Magnuson-Steven Act) through                     for 2020. All weights described in this
                                                  of Mexico (Gulf) exclusive economic                     regulations at 50 CFR part 622.                       proposed rule are in pounds round
                                                  zone. The purpose of this proposed rule                 Background                                            weight. Constraining catch to the ABC
                                                  and the framework action is to adjust                                                                         (equivalent to 75 percent of the
                                                                                                             The Magnuson-Stevens Act requires                  maximum fishing mortality threshold) is
                                                  the rebuilding time period, to revise the               NMFS and regional fishery management
                                                  sector ACLs and ACTs, and to                                                                                  expected to end overfishing and rebuild
                                                                                                          councils to prevent overfishing and to                the stock by 2027.
                                                  incorporate updated stock status                        achieve, on a continuing basis, the
                                                  information to end overfishing and                                                                               In May 2017, pursuant to paragraph
                                                                                                          optimum yield from federally managed                  (7) of section 304(e) of the Magnuson-
                                                  rebuild the greater amberjack stock in                  fish stocks to ensure that fishery                    Stevens Act (16 U.S.C. 1854(e)), NMFS
                                                  the Gulf.                                               resources are managed for the greatest                notified the Council of the 2016 SEDAR
                                                  DATES: Written comments must be                         overall benefit to the nation.                        33 Update results that indicated that the
                                                  received on or before December 5, 2017.                    The greater amberjack resource in the              greater amberjack stock continued to be
                                                  ADDRESSES: You may submit comments                      Gulf was declared overfished by NMFS                  overfished and undergoing overfishing.
                                                  on the proposed rule, identified by                     on February 9, 2001. Secretarial                      Following that notification, the Council
                                                  ‘‘NOAA–NMFS–2017–0116’’ by any of                       Amendment 2 established a greater                     was required under section 304(e)(3) of
                                                  the following methods:                                  amberjack rebuilding plan which started               the Magnuson-Stevens Act to prepare
                                                     • Electronic Submission: Submit all                  in 2003 and ended in 2012 (68 FR                      regulations within 2 years to end
                                                  electronic public comments via the                      39898; July 3, 2003). In 2006, a                      overfishing immediately and rebuild the
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  Federal e-Rulemaking Portal. Go to                      Southeast Data Assessment and Review                  greater amberjack stock.
                                                  www.regulations.gov/                                    (SEDAR) benchmark stock assessment                       The Council decided to set the stock
                                                  #!docketDetail;D=NOAA-NMFS-2017-                        (SEDAR 9) was completed for greater                   ACL equal to the SSC’s ABC
                                                  0116, click the ‘‘Comment Now!’’ icon,                  amberjack and was subsequently                        recommendation for 2018 through 2020,
                                                  complete the required fields, and enter                 updated in 2010 (SEDAR 9 Update). In                  keeping the stock ACL for 2020 in effect
                                                  or attach your comments.                                response to results from SEDAR 9 that                 for subsequent years unless changed.
                                                     • Mail: Submit written comments to                   showed the stock continued to be                      The Council did not consider any
                                                  Kelli O’Donnell, Southeast Regional                     overfished and undergoing overfishing,                change to the allocation of the stock


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                                                                       Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Proposed Rules                                           55075

                                                  ACL, which is 72 percent to the                         1,309,620 lb (594,033 kg) for 2020 and                Actions Contained in the Framework
                                                  recreational sector and 27 percent to the               subsequent years. The recreational ACT                Action Not Codified Through This
                                                  commercial sector. To account for                       would be set at 716,173 lb (354,850 kg)               Proposed Rule
                                                  management uncertainty, the Council                     for 2018, 902,185 lb (409,223 kg) for                   In addition to the measures proposed
                                                  applied the ACL/ACT control rule from                   2019, and 1,086,985 lb (493,047 kg) for               in this rule, the framework action would
                                                  the Generic Annual Catch Limits/                        2020 and subsequent years.                            revise the greater amberjack ABC and
                                                  Accountability Measures Amendment                                                                             OFL based upon the results of the
                                                  (76 FR 82044; December 29, 2011)(using                  Recreational Fixed Closed Season
                                                                                                                                                                SEDAR 33 Update and the Council’s
                                                  landings from 2013 through 2016) and                                                                          SSC recommendations. The current
                                                  established a 13 percent buffer between                    This proposed rule would revise the
                                                                                                          greater amberjack recreational fixed                  greater amberjack ABC is 1,720,000 lb
                                                  the commercial ACL and ACT and a 17                                                                           (780,179 kg), and the current OFL is
                                                  percent buffer between the recreational                 closed season from June 1 through July
                                                                                                          31, which was established in the final                3,420,000 lb (1,551,286 kg), which were
                                                  ACL and ACT. The revised sector ACLs                                                                          established in the final rule
                                                  and ACTs are expected to rebuild the                    rule for Amendment 35 to the FMP (77
                                                                                                                                                                implementing the 2015 framework
                                                  stock by 2027. The Council also                         FR 67574; November 13, 2012). This
                                                                                                                                                                action (80 FR 75432; December 2, 2015).
                                                  considered alternatives that would have                 closed season was implemented to                      This framework action would revise the
                                                  set the stock ACL equal to the lowest                   restrict harvest during times of peak                 ABC and OFL for 3 years, beginning in
                                                  ABC recommended by the SSC                              fishing effort in order to prevent a                  2018. The ABC, which is equal to the
                                                  (constant catch ACL), rebuilding the                    recreational in-season quota closure,                 stock ACL, would be set at 1,182,000 lb
                                                  stock by 2024, or set the stock ACL at                  and thus effectively provide a longer                 (536,146 kg) for 2018, 1,489,000 lb
                                                  zero, rebuilding the stock by 2022.                     fishing season for the recreational                   (675,399 kg) for 2019, and 1,794,000 lb
                                                  However, because the constant catch                     sector. The June 1 through July 31                    (813,744 kg) for 2020 and subsequent
                                                  ACL and zero ACL alternatives would                     greater amberjack recreational fixed                  years. The OFL would be set at
                                                  have greater negative socio-economic                    closed season also was intended to                    1,500,000 lb (680,388 kg) for 2018;
                                                  impacts on fishing communities for                      allow for the harvest of one highly                   1,836,000 lb (832,795 kg) for 2019; and
                                                  relatively minor biological benefits, the               targeted species (red snapper) when the               2,167,000 lb (982,934 kg) for 2020 and
                                                  Council determined that the 10-year                     fishing season for the other species                  subsequent years.
                                                  rebuilding time period that ends in 2027
                                                                                                          (greater amberjack) was closed.                       Classification
                                                  was as short as possible, taking into
                                                                                                          However, in-season closures of the
                                                  account the status and biology of the                                                                            Pursuant to section 304(b)(1)(A) of the
                                                  stock and the needs of the associated                   greater amberjack have continued to
                                                                                                                                                                Magnuson-Stevens Act, the Assistant
                                                  fishing communities.                                    occur, and the reduction of the
                                                                                                                                                                Administrator has determined that this
                                                                                                          recreational red snapper season, which                proposed rule is consistent with the
                                                  Management Measures Contained in                        opens on June 1 each year, has resulted
                                                  This Proposed Rule                                                                                            framework action, the FMP, the
                                                                                                          in closures for both of these species                 Magnuson-Stevens Act, and other
                                                    This proposed rule would revise the                   simultaneously. This proposed rule                    applicable law, subject to further
                                                  commercial and recreational ACLs and                    would change the recreational fixed                   consideration after public comment.
                                                  ACTs (which are expressed as quotas in                  closed season for greater amberjack to                   This proposed rule has been
                                                  the regulatory text), and would revise                  January 1 through June 30. The Council                determined to be not significant for
                                                  the recreational fixed closed season for                determined that extending the length of               purposes of Executive Order 12866.
                                                  greater amberjack in the Gulf.                          the recreational fixed closed season to                  The Chief Counsel for Regulation of
                                                  Commercial and Recreational ACLs and                    the six-month period of January 1                     the Department of Commerce certified
                                                  ACTs                                                    through June 30 would protect greater                 to the Chief Counsel for Advocacy of the
                                                                                                          amberjack during peak spawning in the                 Small Business Administration (SBA)
                                                    The current commercial ACL is                                                                               that this proposed rule, if adopted,
                                                  464,400 lb (210,648 kg) and the                         majority of the Gulf (March through
                                                                                                          April), thereby contributing to                       would not have a significant economic
                                                  commercial ACT is 394,740 lb (179,051                                                                         impact on a substantial number of small
                                                  kg). The current recreational ACL is                    rebuilding the greater amberjack stock.
                                                                                                          The Council also determined that this                 entities. The factual basis for this
                                                  1,255,600 lb (569,530 kg) and the                                                                             determination follows.
                                                  recreational ACT is 1,092,372 lb                        proposed 6-month fixed closed season                     A description of the proposed rule,
                                                  (495,492 kg).                                           would reduce the likelihood that the                  why it is being considered, and the
                                                    This proposed rule would revise the                   recreational sector would exceed its                  objectives of, and legal basis for this
                                                  commercial and recreational ACLs and                    ACL. The Council intended this new 6-                 proposed rule are contained in the
                                                  ACTs for Gulf greater amberjack based                   month fixed closed season to be a                     preamble of this rule at the beginning of
                                                  on the results of the SEDAR 33 Update                   temporary measure to give the Council                 the SUPPLEMENTARY INFORMATION section
                                                  and the ABC recommendations from the                    time to develop and complete a                        and in the SUMMARY section. The
                                                  Council’s SSC. This proposed rule                       subsequent framework action that                      Magnuson-Stevens Act provides the
                                                  would set the commercial ACL at                         would allow a spring and fall                         statutory basis for this rule. No
                                                  319,140 lb (144,759 kg) for 2018,                       recreational fishing season. At the                   duplicative, overlapping, or conflicting
                                                  402,030 lb (182,357 kg) for 2019, and                   October 2017 meeting, the Council                     Federal rules have been identified. In
                                                  484,380 lb (219,711 kg) for 2020 and                    approved a subsequent framework                       addition, no new reporting, record-
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                                                  subsequent years. The commercial ACT                    action that would modify the 6-month                  keeping, or other compliance
                                                  would be set at 277,651 lb (125,940 kg)                 fixed closed season to create two                     requirements are introduced by this
                                                  for 2018, 349,766 lb (158,651 kg) for                   separate fishing seasons: a spring season             proposed rule. Accordingly, the
                                                  2019, and 421,411 lb (191,148 kg) for                   open from May 1 through May 31, and                   requirements of the Paperwork
                                                  2020 and subsequent years. The                          a fall season open from August 1                      Reduction Act do not apply to this
                                                  recreational ACL would be set at                                                                              proposed rule.
                                                                                                          through October 31.
                                                  862,860 lb (391,386 kg) for 2018,                                                                                This proposed rule, if implemented,
                                                  1,086,970 lb (493,041 kg) for 2019, and                                                                       would be expected to directly affect all


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                                                  55076                Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Proposed Rules

                                                  federally permitted commercial reef fish                affected by the proposed rule are                     PART 622—FISHERIES OF THE
                                                  vessels that harvest Gulf greater                       assumed to be small entities.                         CARIBBEAN, GULF OF MEXICO, AND
                                                  amberjack under the FMP. Changing                          Because all entities expected to be                SOUTH ATLANTIC
                                                  recreational ACLs and ACTs and                          directly affected by this proposed rule
                                                  modifying the fixed seasonal closure in                                                                       ■ 1. The authority citation for part 622
                                                                                                          are assumed to be small entities, NMFS
                                                  this proposed rule would not directly                                                                         continues to read as follows:
                                                                                                          has determined that this proposed rule
                                                  affect charter vessel and headboat (for-                would affect a substantial number of                      Authority: 16 U.S.C. 1801 et seq.
                                                  hire) businesses. Any impact to the                     small entities; however, the issue of                 ■ 2. In § 622.34, revise paragraph (c) to
                                                  profitability or competitiveness of for-                disproportionate effects on small versus              read as follows:
                                                  hire fishing businesses would be the                    large entities does not arise in the
                                                  result of changes in for-hire angler                                                                          § 622.34 Seasonal and area closures
                                                                                                          present case.                                         designed to protect Gulf reef fish.
                                                  demand and, therefore, would be
                                                  indirect in nature. The RFA does not                       Modifying the greater amberjack ACLs               *      *    *      *      *
                                                  consider recreational anglers, who                      and ACTs starting in 2018 is projected                   (c) Seasonal closure of the
                                                  would be directly affected by this                      to rebuild the stock by 2027. The                     recreational sector for greater
                                                  proposed rule, to be small entities, so                 revisions to the sector ACLs and ACTs                 amberjack. The recreational sector for
                                                  they are outside the scope of this                      would result in total ex-vessel revenue               greater amberjack in or from the Gulf
                                                  analysis. Thus, only the effects on                     reductions of approximately $161,000 in               EEZ is closed from January 1 through
                                                  commercial vessels were analyzed. For                   2018 and $62,000 in 2019. Beginning in                June 30, each year. During the closure,
                                                  RFA purposes only, NMFS has                             2020, total ex-vessel revenues would                  the bag and possession limit for greater
                                                  established a small business size                       increase annually by approximately                    amberjack in or from the Gulf EEZ is
                                                  standard for businesses, including their                $36,000. Over the entire rebuilding                   zero.
                                                  affiliates, whose primary industry is                   period (2018–2027), total ex-vessel                   *      *    *      *      *
                                                  commercial fishing (see 50 CFR 200.2).                  revenues would increase by                            ■ 3. In § 622.39, revise paragraphs
                                                  A business primarily engaged in                         approximately $70,000 for all vessels                 (a)(1)(v) and (a)(2)(ii) to read as follows:
                                                  commercial fishing (NAICS code 11411)                   combined, or $378 per vessel. It is
                                                                                                                                                                § 622.39    Quotas.
                                                  is classified as a small business if it is              possible that some vessels may
                                                  independently owned and operated, is                    experience profit reductions,                         *       *    *     *      *
                                                  not dominant in its field of operation                  particularly in the first two years of the               (a) * * *
                                                  (including affiliates), and has combined                rebuilding period, but on average, the                   (1) * * *
                                                  annual receipts not in excess of $11                                                                             (v) Greater amberjack—(A) For fishing
                                                                                                          profit reductions would be relatively
                                                  million for all its affiliated operations                                                                     year 2018—277,651 lb (125,940.38 kg),
                                                                                                          small because ex-vessel revenues from
                                                  worldwide.                                                                                                    round weight.
                                                                                                          greater amberjack account for only 1.7                   (B) For fishing year 2019—349,766 lb
                                                     As of October 2, 2017, there were 841                percent of total ex-vessel revenues for               (158,651 kg), round weight.
                                                  vessels with valid or renewable Federal                 an average vessel. More economic                         (C) For fishing year 2020 and
                                                  Gulf reef fish commercial vessel                        benefits, such as higher ex-vessel                    subsequent years—421,411 lb (191,149
                                                  permits. From 2010 through 2015, an                     revenues, may be expected after the                   kg), round weight.
                                                  average of 185 federally permitted                      stock is rebuilt in 2027 when less                    *       *    *     *      *
                                                  commercial reef fish vessels per year                   stringent measures, such as higher                       (2) * * *
                                                  landed greater amberjack in the Gulf                    ACLs/ACTs, could be established.                         (ii) Recreational quota for greater
                                                  (Federal and state waters). These
                                                                                                             The information provided above                     amberjack. The recreational quota for
                                                  vessels, combined, averaged 522 trips
                                                                                                          supports a determination that this                    greater amberjack, in round weight, is
                                                  per year in the Gulf on which greater                                                                         716,173 lb (324,851 kg), for 2018,
                                                                                                          proposed rule would not have a
                                                  amberjack were landed, and 2,935 other                                                                        902,185 lb (409,224 kg), for 2019,
                                                                                                          significant economic impact on a
                                                  trips in the Gulf on which no greater                                                                         1,086,985 lb (493,048 kg), for 2020 and
                                                  amberjack were landed or trips that                     substantial number of small entities.
                                                                                                          Because this proposed rule, if                        subsequent fishing years.
                                                  occurred in the South Atlantic. The
                                                  average annual total dockside revenue                   implemented, is not expected to have a                *       *    *     *      *
                                                                                                          significant economic impact on any                    ■ 4. In § 622.41, revise paragraphs
                                                  (2015 dollars) was approximately $0.54
                                                  million from greater amberjack,                         small entities, an initial regulatory                 (a)(1)(iii) and (a)(2)(iii) to read as
                                                  approximately $4.44 million from other                  flexibility analysis is not required and              follows:
                                                  species co-harvested with greater                       none has been prepared.                               § 622.41 Annual catch limits (ACLs),
                                                  amberjack (on the same trips), and                      List of Subjects in 50 CFR Part 622                   annual catch targets (ACTs), and
                                                  approximately $26.75 million from                                                                             accountability measures (AMs).
                                                  other trips by these vessels in the Gulf                  Commercial, Fisheries, Fishing,                        (a) * * *
                                                  on which no greater amberjack were                      Greater amberjack, Gulf, Recreational,                   (1) * * *
                                                  harvested or on trips that occurred in                  Reef fish.                                               (iii) The commercial ACL for greater
                                                  the South Atlantic. Total average annual                                                                      amberjack, in round weight, is 319,140
                                                                                                            Dated: November 14, 2017.
                                                  revenue from all species harvested by                                                                         lb (144,759 kg), for 2018, 402,030 lb
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                                                  vessels harvesting greater amberjack in                 Samuel D. Rauch, III,
                                                                                                                                                                (182,358 kg), for 2019, and 484,380 lb
                                                  the Gulf was approximately $31.74                       Deputy Assistant Administrator for                    (219,711 kg), for 2020 and subsequent
                                                  million, or approximately $171,971 per                  Regulatory Programs, National Marine                  fishing years.
                                                  vessel. These vessels generated                         Fisheries Service.                                       (2) * * *
                                                  approximately 1.7 percent of their total                  For the reasons set out in the                         (iii) The recreational ACL for greater
                                                  fishing revenues from greater amberjack.                preamble, 50 CFR part 622 is proposed                 amberjack, in round weight, is 862,860
                                                  Based on the foregoing revenue                          to be amended as follows:                             lb (391,387 kg), for 2018, 1,086,970 lb
                                                  information, all commercial vessels                                                                           (493,041 kg), for 2019, and 1,309,620 lb


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                                                                       Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Proposed Rules                           55077

                                                  (594,034 kg), for 2020 and subsequent
                                                  fishing years.
                                                  *     *    *      *    *
                                                  [FR Doc. 2017–25050 Filed 11–17–17; 8:45 am]
                                                  BILLING CODE 3510–22–P
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Document Created: 2018-10-25 10:40:25
Document Modified: 2018-10-25 10:40:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received on or before December 5, 2017.
ContactKelli O'Donnell, Southeast Regional Office, NMFS, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 55074 
RIN Number0648-BH14
CFR AssociatedCommercial; Fisheries; Fishing; Greater Amberjack; Gulf; Recreational and Reef Fish

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