82_FR_59763 82 FR 59523 - Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46

82 FR 59523 - Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range59523-59526
FR Document2017-27068

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

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59523-59526]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27068]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170505465-7999-02]
RIN 0648-BG87


Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish 
Management Measures; Amendment 46

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

ACTION: Final rule.

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

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

DATES: This final rule is effective January 16, 2018.

ADDRESSES: Electronic copies of Amendment 46, which includes an 
environmental assessment, a fishery impact statement, a Regulatory 
Flexibility Act (RFA) analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am46_gray_trigger/documents/pdfs/gulf_reef_am46_gray_trigg_final.pdf.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes gray triggerfish, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
(16 U.S.C. 1801 et seq.).
    On August 30, 2017, NMFS published a notice of availability for 
Amendment 46 and requested public comment (82 FR 41205). On September 
25, 2017, NMFS published a proposed rule for Amendment 46 and requested 
public comment (82 FR 44551). The proposed rule and Amendment 46 
outline the rationale for the actions contained in this final rule. A 
summary of the management measures described in Amendment 46 and 
implemented by this final rule is provided below.
    The most recent Southeast Data, Assessment, and Review (SEDAR) 
stock assessment for gray triggerfish was completed and reviewed by the 
Council's Scientific and Statistical Committee (SSC) in October 2015 
(SEDAR 43). SEDAR 43 indicated that the gray triggerfish stock was not 
experiencing overfishing but remained overfished and would not be 
rebuilt by the end of 2017 as previously projected. On November 2, 
2015, NMFS notified the Council that the gray triggerfish stock was not 
making adequate progress toward rebuilding, and the Council 
subsequently began development of Amendment 46 to establish a new 
rebuilding time period and other management measures to achieve OY and 
rebuild the stock.

Management Measures Contained in This Final Rule

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

[[Page 59524]]

commercial landings to the commercial ACT.

Recreational Seasonal Closure

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

Recreational Bag Limit

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

Recreational Minimum Size Limit

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

Commercial Trip Limit

    The current commercial trip limit is 12 fish per trip, and was 
established in Amendment 37 to help constrain commercial harvest to the 
commercial ACT and avoid an in-season closure as a result of the AMs 
being triggered (78 FR 27084, May 5, 2013). This final rule increases 
the trip limit to 16 fish per trip.
    As described in Amendment 46, since implementation of the 12 fish 
commercial trip limit in 2013, commercial landings have been 
consistently below the commercial ACT. Analysis of commercial trips 
demonstrated that 80 percent of trips caught 10 gray triggerfish or 
less. This indicates that gray triggerfish is primarily a non-target 
species by the commercial sector and that increasing the commercial 
trip limit will likely result in only a small change in the weight 
projected to be landed during a fishing year. However, increasing the 
commercial trip limit will allow those fishermen who encounter the 
species the opportunity to harvest more fish. This will help achieve OY 
for the stock while continuing to constrain commercial landings to the 
commercial ACT, which is consistent with rebuilding the stock within 
the rebuilding time period.

Measures in Amendment 46 Not Codified Through This Final Rule

    In addition to the measures implemented and codified by this final 
rule, Amendment 46 contains actions to establish a rebuilding timeframe 
and to consider alternatives for the commercial and recreational ACTs 
and ACLs.

Rebuilding Time Period and Commercial and Recreational ACTs and ACLs

    Amendment 37 established a 5-year rebuilding time period, expiring 
in 2017, and the current gray triggerfish commercial and recreational 
ACTs and ACLs. Amendment 46 establishes a new rebuilding time period 
for the Gulf gray triggerfish stock as a result of the stock status 
determined through SEDAR 43, and maintains the current commercial and 
recreational ACLs and ACTs.
    In Amendment 46, the Council determined that a 9-year rebuilding 
time period was as short as possible, taking into account the status 
and biology of the stock and the needs of the associated fishing 
communities. Although the acceptable biological catch recommendation by 
the SSC associated with the 9-year time period allowed for an increase 
in harvest, the Council chose to adopt a more conservative approach and 
maintain the current commercial and recreational ACLs and ACTs for gray 
triggerfish that were set through the final rule for Amendment 37 (78 
FR 27084, May 9, 2013).

Comments and Responses

    NMFS received 26 comment submissions from individuals on the notice 
of availability and proposed rule for Amendment 46. Eleven of the 
individual comments agreed with portions of, or the entirety of, the 
actions in Amendment 46 and proposed rule. Other submissions addressed 
issues beyond the scope of the actions considered in Amendment 46 and 
the proposed rule, such as revising the sector allocations, separating 
the recreational sector into private and charter vessel/headboat 
components, and starting a tag program. Specific comments related to 
the actions contained in Amendment 46 and the proposed rule are 
summarized and responded to below.
    Comment 1: Increasing the commercial trip limit while implementing 
further restrictions on the recreational sector is not fair and is not 
consistent with rebuilding a gray triggerfish stock that is currently 
determined to be overfished.
    Response: NMFS disagrees. Amendment 37 to the FMP set the current 
sector ACTs and ACLs using an allocation of 79 percent of the stock ACL 
to the recreational sector and 21 percent of the stock ACL to the 
commercial sector (78 FR 27084, May 9, 2013). There are in-season AMs 
that close harvest for the recreational and commercial sectors when 
they reach or are projected to reach their respective ACT. However, the 
recreational sector has exceeded both the recreational ACT and ACL each 
year from 2013 through 2016. The commercial sector has not exceeded the 
commercial ACT since 2013. Therefore, the Council determined, and NMFS 
agrees, that it is appropriate to implement additional harvest 
restrictions for the recreational sector while increasing the trip 
limit for the commercial sector. The recreational management measures 
will reduce the risk of the recreational sector exceeding its ACL and 
provide for a longer recreational season. The increase in the 
commercial trip limit will help achieve OY while the stock continues to 
rebuild.
    In developing Amendment 46, the Council reviewed five trips limits 
alternatives and determined that a trip limit of 16 fish per trip best 
addressed the needs of fishing communities while continuing to 
constrain commercial landings to the commercial ACL. The trip limit 
being implemented in this final rule is expected to result in a minor 
increase in annual commercial landings of 2.79 percent a year over the 
current level of landings. However, this increase will allow those 
fishermen who encounter the species the opportunity to harvest more 
fish.
    Comment 2: The gray triggerfish stock is the most abundant that it 
has been in

[[Page 59525]]

recent years, and the harvest limits should be increased.
    Response: NMFS disagrees that harvest limits should be increased. 
The SEDAR 43 stock assessment for Gulf gray triggerfish was completed 
in 2015 and indicated that the gray triggerfish stock was improving and 
was no longer undergoing overfishing, but remained overfished and would 
not rebuild by the end of the previously specified rebuilding time 
period. In Amendment 46, the Council considered alternatives to 
increase the sector ACTs and ACLs. However, the Council determined, and 
NMFS agrees, it is not appropriate to increase harvest levels given the 
prior inadequate progress in rebuilding the stock. Further, maintaining 
the current harvest levels will increase the likelihood that the stock 
rebuilds by the end of the new 9-year time period.
    Comment 3: A closure in January and February will negatively impact 
winter residents and tourists in the region.
    Response: The Council considered several alternatives for an 
additional recreational closed season, which is intended to work with 
the current June and July seasonal closure, the decrease in the 
recreational bag limit, and the increase in the recreational minimum 
size limit and are expected to slow the rate of recreational harvest, 
constrain recreational harvest to the recreational ACL, and reduce the 
likelihood of an in-season closure. Alternatives for the additional 
closed season included, the January through February preferred 
alternative, a more limited closure in January only, an extended summer 
closure through August, and a closure for the first 7 months of the 
year. NMFS understands that any closed season may negatively impact 
those who would like to fish during that time. However, fishing effort 
and landings are generally lower at the beginning of the year. 
Therefore, the Council determined, and NMFS agrees, that adding the 2-
month closed season at the beginning of the year will help achieve the 
desired reduction in landings while minimizing, to the extent 
practicable, the negative impacts on recreational anglers and fishing 
communities.
    Comment 4: Several commenters stated that the recreational minimum 
size limit should not be increased to 15 inches (38.1 cm), FL, and the 
recreational bag limit should not be decreased to one fish per person 
per day. One commenter suggested a slot limit of 12 inches to 16 inches 
(30.5 cm to 40.6 cm) as opposed to an increase in the minimum size 
limit.
    Response: NMFS disagrees that the recreational bag limit and size 
limit should not be modified as implemented in this final rule. As 
noted in the response to Comment 3, the closed seasons, bag limit, and 
size limit are intended to work together to slow recreational harvest, 
constrain recreational harvest to the recreational ACL, and reduce the 
likelihood of an in-season closure. In addition, because larger fish 
are more fertile, the increase in the minimum size limit is expected to 
benefit the gray triggerfish stock by increasing spawning potential.
    With respect to the suggestion to implement a slot limit, this is 
beyond the scope of what was considered in Amendment 46 and the 
proposed rule. Further, the suggested slot limit would not likely 
achieve the desired reduction in recreational harvest or the benefits 
to the stock associated with allowing the fish additional time to spawn 
before they are harvested.
    Comment 5: The methods for verifying commercial catch and the 
methods for calculating the current stock population and ACL for gray 
triggerfish in the Gulf are unclear and should be published.
    Response: The current ACLs for gray triggerfish were established in 
Amendment 37 and are available for public review at the website http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/am37/documents/pdfs/rf_amend37.pdf. These ACLs were based on the stock 
population estimates and projections included in the SEDAR 9 update 
assessment that was completed in 2011 and can be found at the website 
http://sedarweb.org/docs/sar/SEDAR9_SAR1%20GOM%20Gray%20Triggerfish.pdf. The most recent stock 
population estimates are included in SEDAR 43, which can be found at 
the website http://sedarweb.org/docs/sar/S43_SAR_FINAL.pdf. Amendment 
46 explains the results of SEDAR 43 and the basis for retaining the 
current ACLs.
    Commercial landings are verified through vessel and dealer 
reporting. Any fisher whose vessel has a commercial Federal vessel 
permit for Gulf reef fish must report their landings within 7 days of a 
trip through the commercial logbook program. Data from dealers' reports 
submitted electronically are used to monitor the gray triggerfish ACLs. 
All dealers in the Gulf are required to have a single Federal permit to 
purchase managed species and must submit their reports once per week. 
These datasets are updated weekly and are available for review at the 
following website: http://sero.nmfs.noaa.gov/sustainable_fisheries/acl_monitoring/commercial_gulf/index.html.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 46, the FMP, the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No public comments were 
made related to the economic implications and potential impacts on 
small businesses, and no changes to this final rule were made in 
response to public comments. As a result, a final regulatory 
flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: December 12, 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 amended 
as follows:

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

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

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


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


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

* * * * *
    (f) Seasonal closures for gray triggerfish. The recreational sector 
for gray triggerfish in or from the Gulf EEZ is closed from January 1 
through the end of February, and from June 1 through July 31, each 
year. During a recreational

[[Page 59526]]

closure, the bag and possession limits for gray triggerfish in or from 
the Gulf EEZ are zero. The commercial sector for gray triggerfish in or 
from the Gulf EEZ is closed from June 1 through July 31, each year. 
During the period of both the commercial and recreational closure, all 
harvest or possession in or from the Gulf EEZ of gray triggerfish is 
prohibited and the sale and purchase of gray triggerfish taken from the 
Gulf EEZ is prohibited.
* * * * *

0
3. In Sec.  622.37, revise paragraph (c)(1) to read as follows:


Sec.  622.37   Size limits.

* * * * *
    (c) * * *
    (1) Gray triggerfish. (i) For a person not subject to the bag limit 
specified in Sec.  622.38(b)(5)--14 inches (35.6 cm), fork length.
    (ii) For a person subject to the bag limit specified in Sec.  
622.38(b)(5)--15 inches (38.1 cm), fork length.
* * * * *

0
4. In Sec.  622.38, revise paragraph (b)(5) to read as follows:


Sec.  622.38   Bag and possession limits.

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

0
5. In Sec.  622.43, revise paragraph (b) to read as follows:


Sec.  622.43   Commercial trip limits.

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

[FR Doc. 2017-27068 Filed 12-14-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                    Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations                                                59523

                                                                            TABLE 1—EPA-APPROVED NON-REGULATORY AND QUASI-REGULATORY MEASURES
                                                                                [Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] 1

                                                                                          Applicable geographic or
                                                   Name of SIP provision                 nonattainment area or title/        State submittal date           EPA approval date                Explanation
                                                                                                   subject


                                                            *                        *                       *                         *                       *                      *                *

                                                                               Part D     Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)


                                                        *                   *                    *                                     *                     *                     *                    *
                                              San Manuel Sulfur Dioxide       San Manuel Sulfur Dioxide                      April 21, 2017 ........   December 15, 2017, [insert    Adopted by the Arizona De-
                                                Maintenance Plan Re-            Air Quality Planning Area.                                               Federal Register citation].   partment of Environmental
                                                newal, 1971 Sulfur Dioxide                                                                                                             Quality on April 21, 2017.
                                                National Ambient Air Qual-                                                                                                             Fulfills requirements for
                                                ity Standards (April 2017).                                                                                                            second 10-year mainte-
                                                                                                                                                                                       nance plan.

                                                            *                        *                       *                         *                       *                      *                *
                                                  1 Table
                                                        1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and
                                              Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropoli-
                                              tan Phoenix and Tucson Areas.


                                              *       *         *       *      *                           gray triggerfish stock and achieve                       Amendment 46 and implemented by
                                              [FR Doc. 2017–26971 Filed 12–14–17; 8:45 am]                 optimum yield (OY).                                      this final rule is provided below.
                                              BILLING CODE 6560–50–P                                       DATES: This final rule is effective
                                                                                                                                                                      The most recent Southeast Data,
                                                                                                           January 16, 2018.                                        Assessment, and Review (SEDAR) stock
                                                                                                                                                                    assessment for gray triggerfish was
                                                                                                           ADDRESSES: Electronic copies of                          completed and reviewed by the
                                              DEPARTMENT OF COMMERCE                                       Amendment 46, which includes an                          Council’s Scientific and Statistical
                                                                                                           environmental assessment, a fishery                      Committee (SSC) in October 2015
                                              National Oceanic and Atmospheric                             impact statement, a Regulatory                           (SEDAR 43). SEDAR 43 indicated that
                                              Administration                                               Flexibility Act (RFA) analysis, and a                    the gray triggerfish stock was not
                                                                                                           regulatory impact review, may be                         experiencing overfishing but remained
                                              50 CFR Part 622                                              obtained from the Southeast Regional                     overfished and would not be rebuilt by
                                                                                                           Office website at http://                                the end of 2017 as previously projected.
                                              [Docket No. 170505465–7999–02]                               sero.nmfs.noaa.gov/sustainable_                          On November 2, 2015, NMFS notified
                                              RIN 0648–BG87
                                                                                                           fisheries/gulf_fisheries/reef_fish/2017/                 the Council that the gray triggerfish
                                                                                                           am46_gray_trigger/documents/pdfs/                        stock was not making adequate progress
                                              Reef Fish Fishery of the Gulf of                             gulf_reef_am46_gray_trigg_final.pdf.                     toward rebuilding, and the Council
                                              Mexico; Gray Triggerfish Management                          FOR FURTHER INFORMATION CONTACT:                         subsequently began development of
                                              Measures; Amendment 46                                       Lauren Waters, Southeast Regional                        Amendment 46 to establish a new
                                                                                                           Office, NMFS, telephone: 727–824–                        rebuilding time period and other
                                              AGENCY:  National Marine Fisheries                                                                                    management measures to achieve OY
                                                                                                           5305; email: Lauren.Waters@noaa.gov.
                                              Service (NMFS), National Oceanic and                                                                                  and rebuild the stock.
                                              Atmospheric Administration (NOAA),                           SUPPLEMENTARY INFORMATION: NMFS and
                                              Commerce.                                                    the Council manage the Gulf reef fish                    Management Measures Contained in
                                                                                                           fishery, which includes gray triggerfish,                This Final Rule
                                              ACTION: Final rule.
                                                                                                           under the FMP. The Council prepared                         For gray triggerfish, this final rule
                                              SUMMARY:    NMFS issues regulations to                       the FMP and NMFS implements the                          revises the recreational fixed closed
                                              implement management measures                                FMP through regulations at 50 CFR part                   season, recreational bag limit,
                                              described in Amendment 46 to the                             622 under the authority of the                           recreational minimum size limit, and
                                              Fishery Management Plan for the Reef                         Magnuson-Stevens Fishery                                 commercial trip limit. NMFS and the
                                              Fish Resources of the Gulf of Mexico                         Conservation and Management Act                          Council are implementing changes to
                                              (FMP), as prepared by the Gulf of                            (Magnuson-Stevens Act) (16 U.S.C. 1801                   the recreational management measures
                                              Mexico Fishery Management Council                            et seq.).                                                to help constrain recreational landings
                                              (Council) (Amendment 46). For gray                              On August 30, 2017, NMFS published                    to the recreational annual catch target
                                              triggerfish, this final rule revises the                     a notice of availability for Amendment                   (ACT) and to avoid triggering
                                              recreational fixed closed season,                            46 and requested public comment (82                      accountability measures (AMs) resulting
                                              recreational bag limit, recreational                         FR 41205). On September 25, 2017,                        in an in-season closure or post-season
nshattuck on DSK9F9SC42PROD with RULES




                                              minimum size limit, and commercial                           NMFS published a proposed rule for                       payback that would occur if landings
                                              trip limit. Additionally, Amendment 46                       Amendment 46 and requested public                        exceed the recreational annual catch
                                              establishes a new rebuilding time period                     comment (82 FR 44551). The proposed                      limit (ACL). The increase in the
                                              for the Gulf of Mexico (Gulf) gray                           rule and Amendment 46 outline the                        commercial trip limit will allow those
                                              triggerfish stock. The purpose of this                       rationale for the actions contained in                   commercial fishermen who encounter
                                              final rule is to implement management                        this final rule. A summary of the                        gray triggerfish to harvest more fish per
                                              measures to assist in rebuilding the Gulf                    management measures described in                         trip while continuing to constrain


                                         VerDate Sep<11>2014        15:15 Dec 14, 2017   Jkt 244001   PO 00000   Frm 00019    Fmt 4700     Sfmt 4700   E:\FR\FM\15DER1.SGM   15DER1


                                              59524            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations

                                              commercial landings to the commercial                   increases the trip limit to 16 fish per               notice of availability and proposed rule
                                              ACT.                                                    trip.                                                 for Amendment 46. Eleven of the
                                                                                                         As described in Amendment 46, since                individual comments agreed with
                                              Recreational Seasonal Closure                           implementation of the 12 fish                         portions of, or the entirety of, the
                                                 The current recreational seasonal                    commercial trip limit in 2013,                        actions in Amendment 46 and proposed
                                              closure for gray triggerfish in the Gulf is             commercial landings have been                         rule. Other submissions addressed
                                              from June 1 through July 31, and was                    consistently below the commercial ACT.                issues beyond the scope of the actions
                                              established in Amendment 37 to the                      Analysis of commercial trips                          considered in Amendment 46 and the
                                              FMP to protect gray triggerfish during                  demonstrated that 80 percent of trips                 proposed rule, such as revising the
                                              the peak spawning season and help                       caught 10 gray triggerfish or less. This              sector allocations, separating the
                                              constrain landings to the recreational                  indicates that gray triggerfish is                    recreational sector into private and
                                              ACT (78 FR 27084, May 5, 2013).                         primarily a non-target species by the                 charter vessel/headboat components,
                                              However, recreational landings have                     commercial sector and that increasing                 and starting a tag program. Specific
                                              exceeded the recreational ACL or                        the commercial trip limit will likely                 comments related to the actions
                                              adjusted ACL the last 4 years. This final               result in only a small change in the                  contained in Amendment 46 and the
                                              rule establishes an additional                          weight projected to be landed during a                proposed rule are summarized and
                                              recreational fixed closed season for gray               fishing year. However, increasing the                 responded to below.
                                              triggerfish from January 1 through the                  commercial trip limit will allow those                   Comment 1: Increasing the
                                              end of February, which is expected to                   fishermen who encounter the species                   commercial trip limit while
                                              reduce recreational landings and help                   the opportunity to harvest more fish.                 implementing further restrictions on the
                                              rebuild the stock within the rebuilding                 This will help achieve OY for the stock               recreational sector is not fair and is not
                                              time period established in Amendment                    while continuing to constrain                         consistent with rebuilding a gray
                                              46.                                                     commercial landings to the commercial                 triggerfish stock that is currently
                                                                                                      ACT, which is consistent with                         determined to be overfished.
                                              Recreational Bag Limit                                  rebuilding the stock within the                          Response: NMFS disagrees.
                                                 The current recreational bag limit was               rebuilding time period.                               Amendment 37 to the FMP set the
                                                                                                                                                            current sector ACTs and ACLs using an
                                              set in Amendment 37 and is 2-fish per                   Measures in Amendment 46 Not                          allocation of 79 percent of the stock
                                              person per day within the overall 20-                   Codified Through This Final Rule                      ACL to the recreational sector and 21
                                              fish aggregate reef fish bag limit. This
                                                                                                        In addition to the measures                         percent of the stock ACL to the
                                              final rule reduces the recreational gray
                                                                                                      implemented and codified by this final                commercial sector (78 FR 27084, May 9,
                                              triggerfish bag limit to 1 fish per person
                                                                                                      rule, Amendment 46 contains actions to                2013). There are in-season AMs that
                                              per day within the 20-fish aggregate reef
                                                                                                      establish a rebuilding timeframe and to               close harvest for the recreational and
                                              fish bag limit.
                                                                                                      consider alternatives for the commercial              commercial sectors when they reach or
                                                 As described in Amendment 46, from                                                                         are projected to reach their respective
                                                                                                      and recreational ACTs and ACLs.
                                              2013 through 2015, approximately 10                                                                           ACT. However, the recreational sector
                                              percent of recreational trips with reef                 Rebuilding Time Period and                            has exceeded both the recreational ACT
                                              fish landings harvested 2 gray triggerfish              Commercial and Recreational ACTs and                  and ACL each year from 2013 through
                                              within the 20-fish aggregate bag limit.                 ACLs                                                  2016. The commercial sector has not
                                              NMFS expects the change to the bag                         Amendment 37 established a 5-year                  exceeded the commercial ACT since
                                              limit to reduce recreational landings by                rebuilding time period, expiring in                   2013. Therefore, the Council
                                              15 percent, which will help constrain                   2017, and the current gray triggerfish                determined, and NMFS agrees, that it is
                                              harvest to the recreational ACT and                     commercial and recreational ACTs and                  appropriate to implement additional
                                              allow the sector to remain open through                 ACLs. Amendment 46 establishes a new                  harvest restrictions for the recreational
                                              the end of the fishing year.                            rebuilding time period for the Gulf gray              sector while increasing the trip limit for
                                              Recreational Minimum Size Limit                         triggerfish stock as a result of the stock            the commercial sector. The recreational
                                                                                                      status determined through SEDAR 43,                   management measures will reduce the
                                                 The current recreational minimum                     and maintains the current commercial                  risk of the recreational sector exceeding
                                              size limit for gray triggerfish is 14                   and recreational ACLs and ACTs.                       its ACL and provide for a longer
                                              inches (35.6 cm), fork length (FL), and                    In Amendment 46, the Council                       recreational season. The increase in the
                                              was established in Amendment 30A to                     determined that a 9-year rebuilding time              commercial trip limit will help achieve
                                              the FMP (73 FR 38139, July 3, 2008).                    period was as short as possible, taking               OY while the stock continues to rebuild.
                                              This final rule increases the minimum                   into account the status and biology of                   In developing Amendment 46, the
                                              size limit to 15 inches (38.1 cm), FL.                  the stock and the needs of the associated             Council reviewed five trips limits
                                              Increasing the recreational minimum                     fishing communities. Although the                     alternatives and determined that a trip
                                              size limit will increase the gray                       acceptable biological catch                           limit of 16 fish per trip best addressed
                                              triggerfish stock spawning potential by                 recommendation by the SSC associated                  the needs of fishing communities while
                                              maintaining larger-sized fish, which                    with the 9-year time period allowed for               continuing to constrain commercial
                                              produce more eggs, and is expected to                   an increase in harvest, the Council                   landings to the commercial ACL. The
                                              help slow recreational harvest.                         chose to adopt a more conservative                    trip limit being implemented in this
                                              Commercial Trip Limit                                   approach and maintain the current                     final rule is expected to result in a
                                                                                                      commercial and recreational ACLs and                  minor increase in annual commercial
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                                                 The current commercial trip limit is                 ACTs for gray triggerfish that were set               landings of 2.79 percent a year over the
                                              12 fish per trip, and was established in                through the final rule for Amendment                  current level of landings. However, this
                                              Amendment 37 to help constrain                          37 (78 FR 27084, May 9, 2013).                        increase will allow those fishermen who
                                              commercial harvest to the commercial                                                                          encounter the species the opportunity to
                                              ACT and avoid an in-season closure as                   Comments and Responses                                harvest more fish.
                                              a result of the AMs being triggered (78                   NMFS received 26 comment                               Comment 2: The gray triggerfish stock
                                              FR 27084, May 5, 2013). This final rule                 submissions from individuals on the                   is the most abundant that it has been in


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                                                               Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations                                              59525

                                              recent years, and the harvest limits                    in this final rule. As noted in the                   Classification
                                              should be increased.                                    response to Comment 3, the closed                        The Regional Administrator,
                                                 Response: NMFS disagrees that                        seasons, bag limit, and size limit are                Southeast Region, NMFS has
                                              harvest limits should be increased. The                 intended to work together to slow                     determined that this final rule is
                                              SEDAR 43 stock assessment for Gulf                      recreational harvest, constrain                       consistent with Amendment 46, the
                                              gray triggerfish was completed in 2015                  recreational harvest to the recreational              FMP, the Magnuson-Stevens Act, and
                                              and indicated that the gray triggerfish                 ACL, and reduce the likelihood of an in-              other applicable law.
                                              stock was improving and was no longer                   season closure. In addition, because                     This final rule has been determined to
                                              undergoing overfishing, but remained                    larger fish are more fertile, the increase            be not significant for purposes of
                                              overfished and would not rebuild by the                 in the minimum size limit is expected                 Executive Order 12866.
                                              end of the previously specified                         to benefit the gray triggerfish stock by                 The Magnuson-Stevens Act provides
                                              rebuilding time period. In Amendment                    increasing spawning potential.                        the statutory basis for this rule. No
                                              46, the Council considered alternatives                    With respect to the suggestion to                  duplicative, overlapping, or conflicting
                                              to increase the sector ACTs and ACLs.                   implement a slot limit, this is beyond                Federal rules have been identified. In
                                              However, the Council determined, and                    the scope of what was considered in                   addition, no new reporting, record-
                                              NMFS agrees, it is not appropriate to                   Amendment 46 and the proposed rule.                   keeping, or other compliance
                                              increase harvest levels given the prior                 Further, the suggested slot limit would               requirements are introduced by this
                                              inadequate progress in rebuilding the                   not likely achieve the desired reduction              final rule.
                                              stock. Further, maintaining the current                 in recreational harvest or the benefits to               The Chief Counsel for Regulation of
                                              harvest levels will increase the                        the stock associated with allowing the                the Department of Commerce certified
                                              likelihood that the stock rebuilds by the               fish additional time to spawn before                  to the Chief Counsel for Advocacy of the
                                              end of the new 9-year time period.                      they are harvested.                                   Small Business Administration during
                                                 Comment 3: A closure in January and                                                                        the proposed rule stage that this rule
                                                                                                         Comment 5: The methods for
                                              February will negatively impact winter                                                                        would not have a significant adverse
                                                                                                      verifying commercial catch and the
                                              residents and tourists in the region.                                                                         economic impact on a substantial
                                                 Response: The Council considered                     methods for calculating the current
                                                                                                      stock population and ACL for gray                     number of small entities. The factual
                                              several alternatives for an additional
                                                                                                      triggerfish in the Gulf are unclear and               basis for this determination was
                                              recreational closed season, which is
                                              intended to work with the current June                  should be published.                                  published in the proposed rule and is
                                              and July seasonal closure, the decrease                    Response: The current ACLs for gray                not repeated here. No public comments
                                              in the recreational bag limit, and the                  triggerfish were established in                       were made related to the economic
                                              increase in the recreational minimum                    Amendment 37 and are available for                    implications and potential impacts on
                                              size limit and are expected to slow the                 public review at the website http://                  small businesses, and no changes to this
                                              rate of recreational harvest, constrain                 sero.nmfs.noaa.gov/sustainable_                       final rule were made in response to
                                              recreational harvest to the recreational                fisheries/gulf_fisheries/reef_fish/2013/              public comments. As a result, a final
                                              ACL, and reduce the likelihood of an in-                am37/documents/pdfs/rf_amend37.pdf.                   regulatory flexibility analysis was not
                                              season closure. Alternatives for the                    These ACLs were based on the stock                    required and none was prepared.
                                              additional closed season included, the                  population estimates and projections                  List of Subjects in 50 CFR Part 622
                                              January through February preferred                      included in the SEDAR 9 update
                                                                                                      assessment that was completed in 2011                    Commercial, Fisheries, Fishing, Gray
                                              alternative, a more limited closure in
                                                                                                      and can be found at the website http://               triggerfish, Gulf, Recreational.
                                              January only, an extended summer
                                              closure through August, and a closure                   sedarweb.org/docs/sar/SEDAR9_                           Dated: December 12, 2017.
                                              for the first 7 months of the year. NMFS                SAR1%20GOM%20                                         Samuel D. Rauch III,
                                              understands that any closed season may                  Gray%20Triggerfish.pdf. The most                      Deputy Assistant Administrator for
                                              negatively impact those who would like                  recent stock population estimates are                 Regulatory Programs, National Marine
                                              to fish during that time. However,                      included in SEDAR 43, which can be                    Fisheries Service.
                                              fishing effort and landings are generally               found at the website http://sedarweb.org                For the reasons set out in the
                                              lower at the beginning of the year.                     /docs/sar/S43_SAR_FINAL.pdf.                          preamble, 50 CFR part 622 is amended
                                              Therefore, the Council determined, and                  Amendment 46 explains the results of                  as follows:
                                              NMFS agrees, that adding the 2-month                    SEDAR 43 and the basis for retaining
                                              closed season at the beginning of the                   the current ACLs.                                     PART 622—FISHERIES OF THE
                                              year will help achieve the desired                         Commercial landings are verified                   CARIBBEAN, GULF, AND SOUTH
                                              reduction in landings while minimizing,                 through vessel and dealer reporting.                  ATLANTIC
                                              to the extent practicable, the negative                 Any fisher whose vessel has a
                                              impacts on recreational anglers and                     commercial Federal vessel permit for                  ■ 1. The authority citation for part 622
                                              fishing communities.                                    Gulf reef fish must report their landings             continues to read as follows:
                                                 Comment 4: Several commenters                        within 7 days of a trip through the                       Authority: 16 U.S.C. 1801 et seq.
                                              stated that the recreational minimum                    commercial logbook program. Data from                 ■ 2. In § 622.34, revise paragraph (f) to
                                              size limit should not be increased to 15                dealers’ reports submitted electronically             read as follows:
                                              inches (38.1 cm), FL, and the                           are used to monitor the gray triggerfish
                                              recreational bag limit should not be                    ACLs. All dealers in the Gulf are                     § 622.34 Seasonal and area closures
                                              decreased to one fish per person per                    required to have a single Federal permit              designed to protect Gulf reef fish.
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                                              day. One commenter suggested a slot                     to purchase managed species and must                  *      *     *    *      *
                                              limit of 12 inches to 16 inches (30.5 cm                submit their reports once per week.                      (f) Seasonal closures for gray
                                              to 40.6 cm) as opposed to an increase in                These datasets are updated weekly and                 triggerfish. The recreational sector for
                                              the minimum size limit.                                 are available for review at the following             gray triggerfish in or from the Gulf EEZ
                                                 Response: NMFS disagrees that the                    website: http://sero.nmfs.noaa.gov/                   is closed from January 1 through the end
                                              recreational bag limit and size limit                   sustainable_fisheries/acl_monitoring/                 of February, and from June 1 through
                                              should not be modified as implemented                   commercial_gulf/index.html.                           July 31, each year. During a recreational


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                                              59526            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations

                                              closure, the bag and possession limits                  DEPARTMENT OF COMMERCE                                attainment of the annual TAL. The
                                              for gray triggerfish in or from the Gulf                                                                      initial skate wing possession limit is
                                              EEZ are zero. The commercial sector for                 National Oceanic and Atmospheric                      4,100 lb (1,860 kg) of wings (9,307 lb
                                              gray triggerfish in or from the Gulf EEZ                Administration                                        (4,222 kg) whole weight). When the 85-
                                              is closed from June 1 through July 31,                                                                        percent trigger is reached, this is
                                              each year. During the period of both the                50 CFR Part 648                                       reduced to the incidental limit of and
                                              commercial and recreational closure, all                                                                      500 lb (227 kg) of wings (1,135 lb (515
                                              harvest or possession in or from the Gulf               [Docket No. 160301164–6694–02]
                                                                                                                                                            kg) whole weight). We anticipate that
                                              EEZ of gray triggerfish is prohibited and               RIN 0648–XF883                                        implementing this inseason adjustment
                                              the sale and purchase of gray triggerfish                                                                     will allow the opportunity for the skate
                                              taken from the Gulf EEZ is prohibited.                  Fisheries of the Northeastern United                  wing fishery to harvest the annual TAL
                                              *     *     *      *     *                              States; Northeast Skate Complex;                      while reducing the possibility of
                                              ■ 3. In § 622.37, revise paragraph (c)(1)               Adjustment to the Skate Wing                          exceeding it.
                                              to read as follows:                                     Inseason Possession Limit
                                                                                                                                                               Based on commercial landings data
                                              § 622.37   Size limits.                                 AGENCY:  National Marine Fisheries                    reported through December 2, 2017, we
                                              *      *     *     *    *                               Service (NMFS), National Oceanic and                  project the skate wing fishery to reach
                                                (c) * * *                                             Atmospheric Administration (NOAA),                    85 percent of the annual TAL (18.46
                                                (1) Gray triggerfish. (i) For a person                Commerce.                                             million lb, 8,372 mt) on or about
                                              not subject to the bag limit specified in               ACTION: Temporary rule; inseason                      December 11, 2017. Furthermore,
                                              § 622.38(b)(5)—14 inches (35.6 cm), fork                adjustment.                                           without adjustment, there is a high
                                              length.                                                                                                       probability that skate wing landings will
                                                (ii) For a person subject to the bag                  SUMMARY:   NMFS announces the                         exceed the TAL before the end of the
                                              limit specified in § 622.38(b)(5)—15                    reduction of the commercial skate wing                fishing year. Therefore, consistent with
                                              inches (38.1 cm), fork length.                          fishery per-trip possession limit for the             § 648.322(b)(2), we are reducing the
                                              *      *     *     *    *                               remainder of the 2017 fishing year,
                                                                                                                                                            skate wing possession limit from 4,100
                                                                                                      through April 30, 2018. This possession
                                              ■ 4. In § 622.38, revise paragraph (b)(5)                                                                     lb (1,860 kg) of skate wings (9,307 lb
                                                                                                      limit reduction is necessary to prevent
                                              to read as follows:                                                                                           (4,222 kg) whole weight) to 500 lb (227
                                                                                                      the skate wing commercial quota from
                                                                                                      being exceeded, while still allowing the              kg) of skate wings (1,135 lb (515 kg)
                                              § 622.38   Bag and possession limits.
                                                                                                      opportunity to harvest the annual total               whole weight) per trip. At the request of
                                              *      *     *     *     *                                                                                    industry to allow adequate time for safe
                                                 (b) * * *                                            allowable landings. This announcement
                                                                                                      also informs the public that the skate                gear removal, we are affording a 14-day
                                                 (5) Gulf reef fish, combined,
                                                                                                      wing possession limit is reduced.                     notice period before implementing this
                                              excluding those specified in paragraphs
                                              (b)(1) through (4) and paragraphs (b)(6)                                                                      reduction. Effective December 27, 2017,
                                                                                                      DATES: Effective December 27, 2017,
                                              and (7) of this section—20. In addition,                through April 30, 2018.                               no person may possess on board or land
                                              within the 20-fish aggregate reef fish bag                                                                    more than 500 lb (227 kg) of skate wings
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              limit, no more than 1 fish may be gray                                                                        (1,135 lb (515 kg) whole weight), or any
                                                                                                      Cynthia Hanson, Fishery Management                    prorated combination of skate wings
                                              triggerfish and no more than 10 fish may                Specialist, (978) 281–9180, or
                                              be vermilion snapper.                                                                                         and whole skates based on the
                                                                                                      Cynthia.Hanson@noaa.gov.
                                              *      *     *     *     *                                                                                    conversion factor for wing weight to
                                                                                                      SUPPLEMENTARY INFORMATION: The skate                  whole weight of 2.27, per trip for the
                                              ■ 5. In § 622.43, revise paragraph (b) to               wing and bait fisheries are managed
                                              read as follows:                                                                                              remainder of the 2017 fishing year. This
                                                                                                      through the Northeast Skate Complex                   action does not affect vessels fishing
                                              § 622.43   Commercial trip limits.                      Fishery Management Plan; the                          under a skate bait letter of authorization.
                                                                                                      regulations for which are found at 50
                                              *      *    *     *      *                                                                                    On May 1, 2018, the 2018 fishing year
                                                                                                      CFR part 648, subpart O. Regulations at
                                                 (b) Gray triggerfish. Until the                                                                            begins, and the commercial skate wing
                                                                                                      § 648.322(b)(2) describe the process of
                                              commercial ACT (commercial quota)                                                                             possession limit will increase to the
                                                                                                      adjusting the commercial possession
                                              specified in § 622.39(a)(1)(vi) is                                                                            skate wing season 1 (May 1, 2018, to
                                                                                                      limit of skate wings. When 85 percent
                                              reached—16 fish. See § 622.39(b) for the                                                                      August 31, 2018) possession limit of
                                                                                                      of the annual total allowable landings
                                              limitations regarding gray triggerfish                                                                        2,600 lb (1,179 kg) of skate wings (5,902
                                                                                                      (TAL) for skate wing fishery is projected
                                              after the commercial ACT (commercial                                                                          lb (2,677 kg) whole weight) per trip.
                                                                                                      to be harvested, the NMFS Greater
                                              quota) is reached.
                                                                                                      Atlantic Regional Administrator may
                                              *      *    *     *      *                              reduce the skate wing possession limit
                                              [FR Doc. 2017–27068 Filed 12–14–17; 8:45 am]            to the incidental limit, unless the
                                              BILLING CODE 3510–22–P                                  reduction would be expected to prevent
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Document Created: 2017-12-15 03:37:44
Document Modified: 2017-12-15 03:37:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective January 16, 2018.
ContactLauren Waters, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected]
FR Citation82 FR 59523 
RIN Number0648-BG87
CFR AssociatedCommercial; Fisheries; Fishing; Gray Triggerfish; Gulf and Recreational

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