82_FR_61488 82 FR 61241 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management Measures; Amendment 47

82 FR 61241 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management Measures; Amendment 47

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61241-61243
FR Document2017-27934

NMFS proposes to implement management measures described in Amendment 47 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 47). For vermilion snapper, this proposed rule would revise the stock annual catch limit (ACL). Additionally, Amendment 47 would establish a proxy for the estimate of the stock maximum sustainable yield (MSY). The purpose of this proposed rule is to revise the stock ACL for vermilion snapper in the Gulf of Mexico (Gulf) consistent with the most recent stock assessment.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61241-61243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27934]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170720688-7688-01]
RIN 0648-BH07


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management 
Measures; Amendment 47

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to implement management measures described in 
Amendment 47 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 47). For vermilion snapper, 
this proposed rule would revise the stock annual catch limit (ACL). 
Additionally, Amendment 47 would establish a proxy for the estimate of 
the stock maximum sustainable yield (MSY). The purpose of this proposed 
rule is to revise the stock ACL for vermilion snapper in the Gulf of 
Mexico (Gulf) consistent with the most recent stock assessment.

DATES: Written comments must be received on or before January 26, 2018.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2017-0106'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0106, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Lauren Waters, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Electronic copies of Amendment 47, which includes an 
environmental assessment,

[[Page 61242]]

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/am47/docs/PDFs/gulf_reef_am47_vermilion_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 vermilion snapper, 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).

Background

    The Magnuson-Stevens Act requires the Council to specify the MSY 
for managed stocks. The National Standard 1 Guidelines state that the 
Council should adopt a reasonable proxy for MSY if data are 
insufficient to estimate MSY directly.

Status of the Vermilion Snapper Stock

    Amendment 23 to the FMP established MSY for vermilion snapper as 
the yield associated with FMSY when the stock is at 
equilibrium, where F is defined as fishing mortality (70 FR 109; June 
8, 2005). The final rule for the Generic Annual Catch Limit (ACL) and 
Accountability Measures (AM) Amendment established the vermilion 
snapper stock ACL and set it equal to the ABC at 3.42 million lb (1.55 
million kg), round weight (76 FR 82044, December 29, 2011).
    In 2016, a standard assessment for vermilion snapper was conducted 
(SEDAR 45) and the stock status was evaluated using several MSY 
proxies. Under all proxies evaluated in SEDAR 45, overfishing was not 
occurring and the stock was not overfished. The Council's Scientific 
and Statistical Committee (SSC) determined that the most appropriate 
proxy for MSY is the yield when fishing at a mortality rate 
corresponding to 30 percent spawning potential ratio 
(F30 SPR).
    SEDAR 45 also included projections for the overfishing limit and 
the ABC. The SSC provided the Council two recommendations for ABC: one 
that is derived from fishing at 75 percent of the MSY proxy 
(F30 SPR) and results in a declining ABC from 2017 
through 2021, and one that is derived using the average of 2017-2021 
ABCs and results in a constant ABC. The two ABC recommendations are 
equivalent in terms of maintaining the stock status and the Council 
selected the constant catch scenario that yielded an ABC of of 3.11 
million lb (1.41 million kg).

Management Measure Contained in This Proposed Rule

    This proposed rule would revise the stock ACL for Gulf vermilion 
snapper consistent with the results of SEDAR 45 and the SSC's new ABC 
recommendation. The current ACL of 3.42 million lb (1.55 million kg), 
round weight, exceeds the ABCs recommended by the Council's SSC. 
Therefore, the Council determined that the ACL for vermilion snapper 
should be decreased to equal the constant catch ABC and this proposed 
rule would set the stock ACL at 3.11 million lb (1.41 million kg), 
round weight.
    The current accountability measures for vermilion snapper require 
NMFS to close the commercial and recreational fishing seasons if the 
combined commercial and recreational landings reach or are projected to 
reach the stock ACL. Since 2013, combined landings have been less than 
3.00 million lb (1.36 million kg), round weight, every year. Therefore, 
NMFS does not expect the combined landings of vermilion snapper to 
reach the proposed stock ACL and result in a closure before the end of 
the fishing year.

Measures in Amendment 47 Not Codified Through This Proposed Rule

    In addition to the measure proposed to be implemented through this 
proposed rule, Amendment 47 would establish a proxy for vermilion 
snapper MSY.
    For vermilion snapper, the Council's SSC recommended that a proxy 
be used for MSY. The Council's SSC recommended F30 
SPR as the MSY proxy for SEDAR 45, and the Council agreed. Under this 
proxy, the stock is not overfished or undergoing overfishing.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 47, 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 Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. A description of this proposed rule and its 
purpose and need are contained in the SUMMARY section of the preamble.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows.
    This proposed rule would directly affect commercial and 
recreational fishing for vermilion snapper in the Gulf exclusive 
economic zone (EEZ). Anglers (recreational fishers) are not considered 
small entities as that term is defined in 5 U.S.C. 601(6). 
Consequently, estimates of the number of anglers directly affected by 
the rule and the impacts on them are not provided here.
    Any commercial fishing business that operates a commercial fishing 
vessel that harvests vermilion snapper in the Gulf EEZ must have a 
valid Federal commercial Gulf reef fish permit that is specifically 
assigned to that vessel. The Gulf reef fish permit is a limited access 
permit. As of February 21, 2017, 848 vessels had a Federal Gulf reef 
fish permit and 795 of the permits were valid. NMFS estimates that 631 
businesses own the 848 vessels with a Federal permit, and the size of 
their individual Gulf reef fish fleets vary from 1 to 17 vessels.
    The number of federally permitted vessels that land vermilion 
snapper is substantially less than the number of vessels with a Gulf 
reef fish permit. From 2011 through 2015, approximately 35 percent to 
40 percent of the vessels with a Federal permit landed vermilion 
snapper in any given year. During that same 5-year period, an annual 
average of 342 federally permitted vessels landed vermilion snapper. 
NMFS estimates these 342 vessels are operated by 252 businesses.
    The 342 vessels landed an average of 4,914 lb (2,229 kg), gutted 
weight, of vermilion snapper with a dockside value of $15,293 (2015 
dollars) annually. This average annual dockside revenue from landings 
of vermilion snapper represents approximately 12 percent of the average 
vessel's annual dockside revenue from all species. However, there are 
considerable differences in average annual landings of vermilion 
snapper by gear type from 2011 through 2015. For example, the average 
longline vessel annually landed 72 to 73 lb (32 to 33 kg), gutted 
weight, of the species, whereas the average

[[Page 61243]]

hook-and-line vessel landed over 7,000 lb, (3,175 kg) gutted weight, 
annually. Hook-and-line is the primary gear type used by the commercial 
sector. The average federally permitted hook-and-line vessel landed 
7,078 lb (3,211 kg), gutted weight, of vermilion snapper annually with 
a dockside value of $22,276 (2015 dollars), and those vermilion snapper 
landings represent approximately 17 percent of that average vessel's 
annual dockside revenue from all landings.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts are not in excess of $11 million for all of its 
affiliated operations worldwide. Based on the average annual revenue 
for a federally permitted vessel that lands vermilion snapper, 
regardless of gear used, it is concluded that most to all of the 
businesses that harvest vermilion snapper from the Gulf EEZ are small.
    Amendment 47 would establish an MSY proxy for vermilion snapper and 
that has no direct impact on any small business.
    This proposed rule would decrease the stock ACL of vermilion 
snapper. The stock ACL is currently 3.42 million lb (1.55 million kg), 
round weight, and has been in place since 2012. This proposed rule 
would decrease the stock ACL to 3.11 million lb (1.41 million kg), 
round weight.
    If combined landings reach or are projected to reach the stock ACL, 
the commercial and recreational fishing seasons are closed early as a 
result of accountability measures being triggered. Since 2012, there 
have been no early closures because combined commercial and 
recreational landings of vermilion snapper have been less than the 
stock ACL. From 2012 through 2015, combined landings varied from 
approximately 2.54 million lb (1.15 million kg) to 3.17 million lb 
(1.44 million kg), round weight, annually and averaged approximately 
2.73 million lb (1.24 million kg). Since 2013, combined landings have 
been less than 3.00 million lb (1.36 million kg), round weight, every 
year, and preliminary data for 2016 indicate combined landings of 
approximately 2.63 million lb (1.19 million kg), round weight. 
Preliminary landings data for 2016 indicate combined landings of 
approximately 2.6 million lb (1.18 million kg), round weight. Moreover, 
as of November 27, 2017, for commercial landings and through the third 
wave for recreational landings, combined landings for 2017 are 
approximately 2.4 million lb (1.09 million kg), round weight. Based on 
recent landings data, it is expected that combined landings of 
vermilion snapper would be less than the proposed stock ACL of 3.11 
million lb (1.41 million kg), round weight, and there would be no early 
closures. Therefore, NMFS expects the reduction of the stock ACL would 
have no economic impact on small businesses that harvest vermilion 
snapper from the Gulf EEZ.
    No new reporting, record-keeping, or other compliance requirements 
are introduced by this proposed rule. Accordingly, this proposed rule 
does not implicate the Paperwork Reduction Act.
    In conclusion, NMFS expects this proposed rule would not have a 
significant economic impact on a substantial number of small entities, 
and an initial regulatory flexibility analysis is not required and none 
has been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Recreational, Vermilion 
snapper.

    Dated: December 21, 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.  622.41, revise the last sentence of paragraph (j) to read 
as follows:


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

* * * * *
    (j) * * * The stock ACL for vermilion snapper is 3.11 million lb 
(1.41 million kg), round weight.
* * * * *
[FR Doc. 2017-27934 Filed 12-26-17; 8:45 am]
BILLING CODE 3510-22-P



                                                                     Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules                                                           61241

                                                 of the methods listed in ADDRESSES. To                       Federal Register on October 25, 1983                     Proposed Regulation Promulgation
                                                 better help us revise the rule, your                         (48 FR 49244).                                             Accordingly, we propose to amend
                                                 comments should be as specific as                                                                                     part 17, subchapter B of chapter I, title
                                                                                                              References Cited
                                                 possible. For example, you should tell                                                                                50 of the Code of Federal Regulations,
                                                 us the numbers of the sections or                              A complete list of references cited in                 as set forth below:
                                                 paragraphs that are unclearly written,                       this rulemaking is available on the
                                                 which sections or sentences are too                          internet at http://www.regulations.gov                   PART 17—ENDANGERED AND
                                                 long, the sections where you feel lists or                   and upon request from the Branch of                      THREATENED WILDLIFE AND PLANTS
                                                 tables would be useful, etc.                                 Foreign Species, Ecological Services
                                                                                                                                                                       ■ 1. The authority citation for part 17
                                                 National Environmental Policy Act (42                        (see FOR FURTHER INFORMATION CONTACT).
                                                                                                                                                                       continues to read as follows:
                                                 U.S.C. 4321 et seq.)                                         Authors                                                    Authority: 16 U.S.C. 1361–1407; 1531–
                                                                                                                                                                       1544; and 4201–4245, unless otherwise
                                                   We have determined that                                      The primary authors of this proposed                   noted.
                                                 environmental assessments and                                rule are the staff members of the Branch
                                                 environmental impact statements, as                                                                                   ■  2. In § 17.11(h), add an entry for
                                                                                                              of Foreign Species, Ecological Services,                 ‘‘Sturgeon, Yangtze’’ to the List of
                                                 defined under the authority of the                           Falls Church, VA.                                        Endangered and Threatened Wildlife in
                                                 National Environmental Policy Act (42
                                                                                                              List of Subjects in 50 CFR Part 17                       alphabetical order under FISHES to read
                                                 U.S.C. 4321 et seq.), need not be                                                                                     as set forth below:
                                                 prepared in connection with listing a                          Endangered and threatened species,
                                                 species as an endangered or threatened                       Exports, Imports, Reporting and                          § 17.11 Endangered and threatened
                                                 species under the Endangered Species                                                                                  wildlife.
                                                                                                              recordkeeping requirements,
                                                 Act. We published a notice outlining                         Transportation.                                          *       *    *        *      *
                                                 our reasons for this determination in the                                                                                 (h) * * *

                                                                                                                                                                                         Listing citations and applicable
                                                            Common name                                  Scientific name                        Where listed                   Status                   rules


                                                            *                        *                          *                      *                         *                       *                     *
                                                 FISHES

                                                          *                          *                       *                        *                       *                           *                    *
                                                 Sturgeon, Yangtze ......................     Acipenser dabryanus ................   Wherever found ........................     E       [Insert Federal Register cita-
                                                                                                                                                                                            tion when published as a final
                                                                                                                                                                                            rule].

                                                            *                        *                          *                      *                         *                       *                     *



                                                 *      *       *       *      *                                    Proposed rule; request for
                                                                                                              ACTION:                                                  Federal e-Rulemaking Portal. Go to
                                                   Dated: November 15, 2017.                                  comments.                                                www.regulations.gov/#!docketDetail;D=
                                                 James W. Kurth,
                                                                                                                                                                       NOAA-NMFS-2017-0106, click the
                                                                                                              SUMMARY:    NMFS proposes to implement                   ‘‘Comment Now!’’ icon, complete the
                                                 Deputy Director, U.S. Fish and Wildlife                      management measures described in
                                                 Service, Exercising the Authority of the
                                                                                                                                                                       required fields, and enter or attach your
                                                                                                              Amendment 47 to the Fishery                              comments.
                                                 Director, U.S. Fish and Wildlife Service.
                                                                                                              Management Plan for the Reef Fish                           • Mail: Submit written comments to
                                                 [FR Doc. 2017–27954 Filed 12–26–17; 8:45 am]
                                                                                                              Resources of the Gulf of Mexico (FMP),                   Lauren Waters, Southeast Regional
                                                 BILLING CODE 4333–15–P                                       as prepared by the Gulf of Mexico                        Office, NMFS, 263 13th Avenue South,
                                                                                                              Fishery Management Council (Council)                     St. Petersburg, FL 33701.
                                                                                                              (Amendment 47). For vermilion
                                                 DEPARTMENT OF COMMERCE                                                                                                   Instructions: Comments sent by any
                                                                                                              snapper, this proposed rule would
                                                                                                              revise the stock annual catch limit                      other method, to any other address or
                                                 National Oceanic and Atmospheric                                                                                      individual, or received after the end of
                                                 Administration                                               (ACL). Additionally, Amendment 47
                                                                                                              would establish a proxy for the estimate                 the comment period, may not be
                                                                                                              of the stock maximum sustainable yield                   considered by NMFS. All comments
                                                 50 CFR Part 622                                                                                                       received are a part of the public record
                                                                                                              (MSY). The purpose of this proposed
                                                 [Docket No. 170720688–7688–01]                               rule is to revise the stock ACL for                      and will generally be posted for public
                                                                                                              vermilion snapper in the Gulf of Mexico                  viewing on www.regulations.gov
                                                 RIN 0648–BH07                                                                                                         without change. All personal identifying
                                                                                                              (Gulf) consistent with the most recent
                                                 Fisheries of the Caribbean, Gulf of                          stock assessment.                                        information (e.g., name, address, etc.),
                                                 Mexico, and South Atlantic; Reef Fish                                                                                 confidential business information, or
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                              DATES: Written comments must be                          otherwise sensitive information
                                                 Fishery of the Gulf of Mexico;                               received on or before January 26, 2018.
                                                 Vermilion Snapper Management                                                                                          submitted voluntarily by the sender will
                                                                                                              ADDRESSES: You may submit comments                       be publicly accessible. NMFS will
                                                 Measures; Amendment 47
                                                                                                              on the amendment identified by                           accept anonymous comments (enter
                                                 AGENCY:  National Marine Fisheries                           ‘‘NOAA–NMFS–2017–0106’’ by either                        ‘‘N/A’’ in the required fields if you wish
                                                 Service (NMFS), National Oceanic and                         of the following methods:                                to remain anonymous). Electronic
                                                 Atmospheric Administration (NOAA),                              • Electronic Submission: Submit all                   copies of Amendment 47, which
                                                 Commerce.                                                    electronic public comments via the                       includes an environmental assessment,


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                                                 61242             Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules

                                                 a fishery impact statement, a Regulatory                average of 2017–2021 ABCs and results                 rule. No duplicative, overlapping, or
                                                 Flexibility Act (RFA) analysis, and a                   in a constant ABC. The two ABC                        conflicting Federal rules have been
                                                 regulatory impact review, may be                        recommendations are equivalent in                     identified. A description of this
                                                 obtained from the Southeast Regional                    terms of maintaining the stock status                 proposed rule and its purpose and need
                                                 Office website at http://                               and the Council selected the constant                 are contained in the SUMMARY section of
                                                 sero.nmfs.noaa.gov/sustainable_                         catch scenario that yielded an ABC of of              the preamble.
                                                 fisheries/gulf_fisheries/reef_fish/2017/                3.11 million lb (1.41 million kg).                       The Chief Counsel for Regulation of
                                                 am47/docs/PDFs/gulf_reef_am47_                                                                                the Department of Commerce certified
                                                                                                         Management Measure Contained in                       to the Chief Counsel for Advocacy of the
                                                 vermilion_final.pdf.
                                                                                                         This Proposed Rule                                    Small Business Administration (SBA)
                                                 FOR FURTHER INFORMATION CONTACT:
                                                 Lauren Waters, Southeast Regional                          This proposed rule would revise the                that this proposed rule, if adopted,
                                                 Office, NMFS, telephone: 727–824–                       stock ACL for Gulf vermilion snapper                  would not have a significant economic
                                                 5305; email: Lauren.Waters@noaa.gov.                    consistent with the results of SEDAR 45               impact on a substantial number of small
                                                                                                         and the SSC’s new ABC                                 entities. The factual basis for this
                                                 SUPPLEMENTARY INFORMATION: NMFS and
                                                                                                         recommendation. The current ACL of                    certification is as follows.
                                                 the Council manage the Gulf reef fish                   3.42 million lb (1.55 million kg), round                 This proposed rule would directly
                                                 fishery, which includes vermilion                       weight, exceeds the ABCs recommended                  affect commercial and recreational
                                                 snapper, under the FMP. The Council                     by the Council’s SSC. Therefore, the                  fishing for vermilion snapper in the Gulf
                                                 prepared the FMP and NMFS                               Council determined that the ACL for                   exclusive economic zone (EEZ). Anglers
                                                 implements the FMP through                              vermilion snapper should be decreased                 (recreational fishers) are not considered
                                                 regulations at 50 CFR part 622 under the                to equal the constant catch ABC and this              small entities as that term is defined in
                                                 authority of the Magnuson Stevens                       proposed rule would set the stock ACL                 5 U.S.C. 601(6). Consequently, estimates
                                                 Fishery Conservation and Management                     at 3.11 million lb (1.41 million kg),                 of the number of anglers directly
                                                 Act (Magnuson-Stevens Act).                             round weight.                                         affected by the rule and the impacts on
                                                 Background                                                 The current accountability measures                them are not provided here.
                                                                                                         for vermilion snapper require NMFS to                    Any commercial fishing business that
                                                   The Magnuson-Stevens Act requires                     close the commercial and recreational                 operates a commercial fishing vessel
                                                 the Council to specify the MSY for                      fishing seasons if the combined                       that harvests vermilion snapper in the
                                                 managed stocks. The National Standard                   commercial and recreational landings                  Gulf EEZ must have a valid Federal
                                                 1 Guidelines state that the Council                     reach or are projected to reach the stock             commercial Gulf reef fish permit that is
                                                 should adopt a reasonable proxy for                     ACL. Since 2013, combined landings                    specifically assigned to that vessel. The
                                                 MSY if data are insufficient to estimate                have been less than 3.00 million lb (1.36             Gulf reef fish permit is a limited access
                                                 MSY directly.                                           million kg), round weight, every year.                permit. As of February 21, 2017, 848
                                                 Status of the Vermilion Snapper Stock                   Therefore, NMFS does not expect the                   vessels had a Federal Gulf reef fish
                                                                                                         combined landings of vermilion snapper                permit and 795 of the permits were
                                                   Amendment 23 to the FMP                                                                                     valid. NMFS estimates that 631
                                                                                                         to reach the proposed stock ACL and
                                                 established MSY for vermilion snapper                                                                         businesses own the 848 vessels with a
                                                                                                         result in a closure before the end of the
                                                 as the yield associated with FMSY when                                                                        Federal permit, and the size of their
                                                                                                         fishing year.
                                                 the stock is at equilibrium, where F is                                                                       individual Gulf reef fish fleets vary from
                                                 defined as fishing mortality (70 FR 109;                Measures in Amendment 47 Not                          1 to 17 vessels.
                                                 June 8, 2005). The final rule for the                   Codified Through This Proposed Rule                      The number of federally permitted
                                                 Generic Annual Catch Limit (ACL) and                      In addition to the measure proposed                 vessels that land vermilion snapper is
                                                 Accountability Measures (AM)                            to be implemented through this                        substantially less than the number of
                                                 Amendment established the vermilion                     proposed rule, Amendment 47 would                     vessels with a Gulf reef fish permit.
                                                 snapper stock ACL and set it equal to                   establish a proxy for vermilion snapper               From 2011 through 2015, approximately
                                                 the ABC at 3.42 million lb (1.55 million                MSY.                                                  35 percent to 40 percent of the vessels
                                                 kg), round weight (76 FR 82044,                           For vermilion snapper, the Council’s                with a Federal permit landed vermilion
                                                 December 29, 2011).                                     SSC recommended that a proxy be used                  snapper in any given year. During that
                                                   In 2016, a standard assessment for                    for MSY. The Council’s SSC                            same 5-year period, an annual average
                                                 vermilion snapper was conducted                         recommended F30% SPR as the MSY                       of 342 federally permitted vessels
                                                 (SEDAR 45) and the stock status was                     proxy for SEDAR 45, and the Council                   landed vermilion snapper. NMFS
                                                 evaluated using several MSY proxies.                    agreed. Under this proxy, the stock is                estimates these 342 vessels are operated
                                                 Under all proxies evaluated in SEDAR                    not overfished or undergoing                          by 252 businesses.
                                                 45, overfishing was not occurring and                   overfishing.                                             The 342 vessels landed an average of
                                                 the stock was not overfished. The                                                                             4,914 lb (2,229 kg), gutted weight, of
                                                 Council’s Scientific and Statistical                    Classification                                        vermilion snapper with a dockside
                                                 Committee (SSC) determined that the                       Pursuant to section 304(b)(1)(A) of the             value of $15,293 (2015 dollars)
                                                 most appropriate proxy for MSY is the                   Magnuson-Stevens Act, the NMFS                        annually. This average annual dockside
                                                 yield when fishing at a mortality rate                  Assistant Administrator has determined                revenue from landings of vermilion
                                                 corresponding to 30 percent spawning                    that this proposed rule is consistent                 snapper represents approximately 12
                                                 potential ratio (F30% SPR).                             with Amendment 47, the FMP, the                       percent of the average vessel’s annual
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                   SEDAR 45 also included projections                    Magnuson-Stevens Act, and other                       dockside revenue from all species.
                                                 for the overfishing limit and the ABC.                  applicable law, subject to further                    However, there are considerable
                                                 The SSC provided the Council two                        consideration after public comment.                   differences in average annual landings
                                                 recommendations for ABC: one that is                      This proposed rule has been                         of vermilion snapper by gear type from
                                                 derived from fishing at 75 percent of the               determined to be not significant for                  2011 through 2015. For example, the
                                                 MSY proxy (F30% SPR) and results in a                   purposes of Executive Order 12866.                    average longline vessel annually landed
                                                 declining ABC from 2017 through 2021,                     The Magnuson-Stevens Act provides                   72 to 73 lb (32 to 33 kg), gutted weight,
                                                 and one that is derived using the                       the statutory basis for this proposed                 of the species, whereas the average


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                                                                   Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules                                          61243

                                                 hook-and-line vessel landed over 7,000                  million lb (1.18 million kg), round                   DEPARTMENT OF COMMERCE
                                                 lb, (3,175 kg) gutted weight, annually.                 weight. Moreover, as of November 27,
                                                 Hook-and-line is the primary gear type                  2017, for commercial landings and                     National Oceanic and Atmospheric
                                                 used by the commercial sector. The                      through the third wave for recreational               Administration
                                                 average federally permitted hook-and-                   landings, combined landings for 2017
                                                 line vessel landed 7,078 lb (3,211 kg),                 are approximately 2.4 million lb (1.09                50 CFR Part 679
                                                 gutted weight, of vermilion snapper                     million kg), round weight. Based on
                                                 annually with a dockside value of                                                                             [Docket No. 170621579–7579–01]
                                                                                                         recent landings data, it is expected that
                                                 $22,276 (2015 dollars), and those                       combined landings of vermilion snapper                RIN 0648–BG96
                                                 vermilion snapper landings represent
                                                                                                         would be less than the proposed stock
                                                 approximately 17 percent of that                                                                              Fisheries of the Exclusive Economic
                                                                                                         ACL of 3.11 million lb (1.41 million kg),
                                                 average vessel’s annual dockside                                                                              Zone Off Alaska; Nontrawl Lead Level
                                                 revenue from all landings.                              round weight, and there would be no
                                                                                                         early closures. Therefore, NMFS expects               2 Observers
                                                    For RFA purposes, NMFS has
                                                 established a small business size                       the reduction of the stock ACL would                  AGENCY:  National Marine Fisheries
                                                 standard for businesses, including their                have no economic impact on small                      Service (NMFS), National Oceanic and
                                                 affiliates, whose primary industry is                   businesses that harvest vermilion                     Atmospheric Administration (NOAA),
                                                 commercial fishing (see 50 CFR 200.2).                  snapper from the Gulf EEZ.                            Commerce.
                                                 A business primarily involved in                          No new reporting, record-keeping, or                ACTION: Proposed rule; request for
                                                 commercial fishing (NAICS 11411) is                     other compliance requirements are                     comments.
                                                 classified as a small business if it is                 introduced by this proposed rule.
                                                 independently owned and operated, is                    Accordingly, this proposed rule does                  SUMMARY:   NMFS proposes regulations to
                                                 not dominant in its field of operation                  not implicate the Paperwork Reduction                 modify specific provisions of the North
                                                 (including its affiliates), and its                                                                           Pacific Observer Program. The first two
                                                                                                         Act.
                                                 combined annual receipts are not in                                                                           elements of this proposed rule would
                                                 excess of $11 million for all of its                      In conclusion, NMFS expects this                    modify the requirements for an observer
                                                 affiliated operations worldwide. Based                  proposed rule would not have a                        to obtain a nontrawl lead level 2 (LL2)
                                                 on the average annual revenue for a                     significant economic impact on a                      deployment endorsement and
                                                 federally permitted vessel that lands                   substantial number of small entities,                 implement a pre-cruise meeting
                                                 vermilion snapper, regardless of gear                   and an initial regulatory flexibility                 requirement for vessels required to carry
                                                 used, it is concluded that most to all of               analysis is not required and none has                 an observer with a nontrawl LL2
                                                 the businesses that harvest vermilion                   been prepared.                                        deployment endorsement. These
                                                 snapper from the Gulf EEZ are small.                                                                          elements are intended to increase the
                                                    Amendment 47 would establish an                      List of Subjects in 50 CFR Part 622
                                                                                                                                                               number of observers that qualify for a
                                                 MSY proxy for vermilion snapper and                                                                           nontrawl LL2 deployment endorsement
                                                                                                           Commercial, Fisheries, Fishing, Gulf,
                                                 that has no direct impact on any small                                                                        and maintain observer safety and data
                                                 business.                                               Recreational, Vermilion snapper.
                                                                                                                                                               quality. The third element of this
                                                    This proposed rule would decrease                      Dated: December 21, 2017.                           proposed rule would make editorial
                                                 the stock ACL of vermilion snapper. The                 Samuel D. Rauch III,                                  changes, and modify observer coverage
                                                 stock ACL is currently 3.42 million lb                  Deputy Assistant Administrator for                    and reporting requirements for vessels
                                                 (1.55 million kg), round weight, and has                Regulatory Programs, National Marine                  when participating in the Western
                                                 been in place since 2012. This proposed                 Fisheries Service.                                    Alaska Community Development Quota
                                                 rule would decrease the stock ACL to                                                                          (CDQ) Program. This element is
                                                 3.11 million lb (1.41 million kg), round                  For the reasons set out in the                      intended to promote operational
                                                 weight.                                                 preamble, 50 CFR part 622 is proposed                 efficiency, and remove unnecessary
                                                    If combined landings reach or are                    to be amended as follows:                             requirements for specific vessels
                                                 projected to reach the stock ACL, the
                                                                                                                                                               participating in the CDQ Program. This
                                                 commercial and recreational fishing                     PART 622—FISHERIES OF THE
                                                 seasons are closed early as a result of                                                                       action is intended to promote the goals
                                                                                                         CARIBBEAN, GULF OF MEXICO, AND                        and objectives of the Magnuson-Stevens
                                                 accountability measures being triggered.                SOUTH ATLANTIC
                                                 Since 2012, there have been no early                                                                          Fishery Conservation and Management
                                                 closures because combined commercial                                                                          Act, the Fishery Management Plan
                                                                                                         ■ 1. The authority citation for part 622              (FMP) for Groundfish of the Gulf of
                                                 and recreational landings of vermilion                  continues to read as follows:
                                                 snapper have been less than the stock                                                                         Alaska, and the FMP for Groundfish of
                                                 ACL. From 2012 through 2015,                                Authority: 16 U.S.C. 1801 et seq.                 the Bering Sea and Aleutian Islands
                                                 combined landings varied from                                                                                 Management Area, and other applicable
                                                                                                         ■ 2. In § 622.41, revise the last sentence            law.
                                                 approximately 2.54 million lb (1.15                     of paragraph (j) to read as follows:
                                                 million kg) to 3.17 million lb (1.44                                                                          DATES: Comments must be received no
                                                 million kg), round weight, annually and                 § 622.41 Annual catch limits (ACLs),                  later than January 26, 2018.
                                                 averaged approximately 2.73 million lb                  annual catch targets (ACTs), and                      ADDRESSES: You may submit comments
                                                 (1.24 million kg). Since 2013, combined                 accountability measures (AMs).                        on this document, identified by NOAA–
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 landings have been less than 3.00                       *      *   *     *    *                               NMFS–2017–0071 by either of the
                                                 million lb (1.36 million kg), round                                                                           following methods:
                                                                                                           (j) * * * The stock ACL for vermilion
                                                 weight, every year, and preliminary data                                                                         • Federal e-Rulemaking Portal. Go to
                                                                                                         snapper is 3.11 million lb (1.41 million
                                                 for 2016 indicate combined landings of                                                                        www.regulations.gov/
                                                 approximately 2.63 million lb (1.19                     kg), round weight.                                    #!docketDetail;D=NOAA-NMFS-2017-
                                                 million kg), round weight. Preliminary                  *      *   *     *    *                               0071, click the ‘‘Comment Now!’’ icon,
                                                 landings data for 2016 indicate                         [FR Doc. 2017–27934 Filed 12–26–17; 8:45 am]          complete the required fields, and enter
                                                 combined landings of approximately 2.6                  BILLING CODE 3510–22–P                                or attach your comments.


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Document Created: 2017-12-27 02:23:01
Document Modified: 2017-12-27 02:23:01
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 January 26, 2018.
ContactLauren Waters, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected]
FR Citation82 FR 61241 
RIN Number0648-BH07
CFR AssociatedCommercial; Fisheries; Fishing; Gulf; Recreational and Vermilion Snapper

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