82_FR_61733 82 FR 61485 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan

82 FR 61485 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 248 (December 28, 2017)

Page Range61485-61487
FR Document2017-28047

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

Federal Register, Volume 82 Issue 248 (Thursday, December 28, 2017)
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Rules and Regulations]
[Pages 61485-61487]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28047]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170816768-7999-02]
RIN 0648-BH14


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

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

ACTION: Final rule.

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

SUMMARY: NMFS issues regulations to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
revises the commercial and recreational annual catch limits (ACLs) and 
annual catch targets (ACTs), and modifies the recreational fixed closed 
season for greater amberjack in the Gulf of Mexico (Gulf) exclusive 
economic zone (EEZ). The purpose of this final rule and the framework 
action is to adjust the rebuilding time period and to revise the sector 
ACLs and ACTs consistent with updated stock status information to end 
overfishing and rebuild the greater amberjack stock in the Gulf.

DATES: This final rule is effective January 27, 2018.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis may be obtained from the Southeast 
Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/GAJ_Framework/gaj_framework.pdf.

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

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

[[Page 61486]]

    On November 20, 2017, NMFS published a proposed rule for the 
framework action and requested public comment (82 FR 55074). The 
proposed rule and framework action outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework action and implemented by this 
final rule is provided below.

Management Measures Contained in This Final Rule

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

Commercial and Recreational ACLs and ACTs

    The current commercial ACL is 464,400 lb (210,648 kg), and the 
commercial ACT is 394,740 lb (179,051 kg). The current recreational ACL 
is 1,255,600 lb (569,530 kg), and the recreational ACT is 1,092,372 lb 
(495,492 kg). All weights described in this final rule are given in 
round weight.
    This final rule revises the commercial and recreational ACLs and 
ACTs for Gulf greater amberjack based on the results of the SEDAR 33 
Update (2016) and the acceptable biological catch (ABC) recommendations 
from the Council's Scientific and Statistical Committee (SSC). This 
final rule sets the commercial ACL at 319,140 lb (144,759 kg) for 2018, 
402,030 lb (182,357 kg) for 2019, and 484,380 lb (219,711 kg) for 2020 
and subsequent years. The commercial ACT is set at 277,651 lb (125,940 
kg) for 2018, 349,766 lb (158,651 kg) for 2019, and 421,411 lb (191,148 
kg) for 2020 and subsequent years. The recreational ACL is set at 
862,860 lb (391,386 kg) for 2018, 1,086,970 lb (493,041 kg) for 2019, 
and 1,309,620 lb (594,033 kg) for 2020 and subsequent years. The 
recreational ACT is set at 716,173 lb (354,850 kg) for 2018, 902,185 lb 
(409,223 kg) for 2019, and 1,086,985 lb (493,047 kg) for 2020 and 
subsequent years. These revisions to the ACLs and ACTs are projected to 
rebuild the stock by 2027.

Recreational Fixed Closed Season

    This final rule revises the greater amberjack recreational fixed 
closed season from June 1 through July 31, which was established in the 
final rule for Amendment 35 to the FMP (77 FR 67574; November 13, 
2012). That closed season was implemented to restrict harvest during 
times of peak fishing effort in order to prevent a recreational in-
season closure as a result of the quota being met, and therefore 
provide for a longer fishing season for the recreational sector. The 
June 1 through July 31 recreational fixed closed season also was 
intended to allow for the harvest of one highly targeted species (red 
snapper) when the fishing season for the other species (greater 
amberjack) was closed. However, in-season closures of greater amberjack 
have continued to occur since the implementation of Amendment 35, and 
the reduction of the recreational red snapper season, which opens on 
June 1 each year, has resulted in closures for both of these species 
simultaneously. This final rule changes the recreational fixed closed 
season for greater amberjack to January 1 through June 30. The Council 
determined that extending the length of the recreational fixed closed 
season to the 6-month period of January 1 through June 30 will protect 
greater amberjack during peak spawning months (March through April) in 
the majority of the Gulf, thereby contributing to the rebuilding of the 
greater amberjack stock. The Council also determined that the 6-month 
fixed closed season will reduce the likelihood that the recreational 
sector will meet its quota and trigger an in-season quota closure, or 
exceed its ACL, which would require a subsequent ACL and ACT payback in 
the following year because of an ACL overage.
    The Council intends the new 6-month fixed closed season established 
by this final rule to be a short-term measure; it recently submitted 
another greater amberjack framework action to NMFS for review. 
Implementation of that framework action would modify this 6-month 
recreational closed season to create two separate fishing seasons: one 
open from May 1 through May 31, and a second open from August 1 through 
October 31. NMFS expects to publish a proposed rule in early 2018 and 
to solicit public comments on this change.

Comments and Responses

    NMFS received a total of 12 comments on the proposed rule for the 
framework action. Two comments supported the changes to the commercial 
and recreational ACLs and ACTs and the recreational seasonal closure, 
and six comments disagreed with the proposed rule, although some of the 
comments were similar in reasons for disagreement.
    Other comments that were outside the scope of the proposed rule and 
therefore not addressed here, stated that charter vessel and headboat 
harvest should be considered commercial and that the use of longlines 
in the Gulf should be eliminated. Specific comments related to the 
framework action and the proposed rule are grouped as appropriate and 
summarized below, followed by NMFS' respective responses.
    Comment 1: Recreational fishing for greater amberjack should not be 
open during the summer when effort is highest and other species, such 
as red snapper, are available for harvest.
    Response: NMFS and the Council intend the January 1 through June 30 
closure implemented through this final rule to be a short-term measure. 
As noted above, the Council recently submitted a framework action to 
NMFS that would change the January 1 through June 30 closure by 
establishing two separate annual recreational fishing seasons: one open 
from May 1 through May 31, and a second open from August 1 through 
October 31. However, even if the January through June closure remains 
in place, this final rule is expected to extend the fishing season into 
October, when fishing for other species, such as red snapper, have 
closed.
    Comment 2: There needs to be at least one species that is important 
to recreational anglers available for harvest at the beginning of the 
calendar year.
    Response: NMFS agrees that it is important to have species targeted 
by the recreational sector available early in the calendar year. 
Although this final rule would make greater amberjack unavailable at 
the beginning of the calendar year, there are many other Gulf reef fish 
species, such as red grouper, deep water groupers, snappers, and 
hogfish, which are generally available for recreational harvest 
beginning annually on January 1.
    NMFS recently approved an FMP amendment that establishes a new 
recreational fixed closed season for gray triggerfish from January 1 
through the end of February. This new closed season was implemented 
through a final rule issued on December 15, 2017 (82 FR 59523), and, as 
a result, gray triggerfish are no longer available for recreational 
harvest during the first two months of the calendar year. However, the 
gray triggerfish fishery will be open starting March 1, while greater 
amberjack harvest remains closed.
    Comment 3: There should be a recreational vessel limit instead of a 
longer recreational fixed closed season.
    Response: The Council did not consider establishing a vessel limit 
in this framework action. However, in response to public comment at its 
October 2017 meeting, the Council began working on another framework 
action and will consider including vessel limits in that framework 
action.

[[Page 61487]]

NMFS expects the Council to review a draft of this framework action at 
its January 2018 meeting.
    Comment 4: The greater amberjack stock is healthy and therefore not 
in need of rebuilding efforts.
    Response: NMFS disagrees. The most recent Gulf greater amberjack 
population assessment, completed in 2016, indicated greater amberjack 
are experiencing overfishing and are overfished. The current rebuilding 
plan time period ends in 2019, but new scientific information indicates 
the stock will not be rebuilt by that time. Therefore, consistent with 
the framework action approved by the Council, this final rule 
establishes a new rebuilding time period ending in 2027 and revises the 
harvest limits as necessary to end overfishing and rebuild the stock.

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

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

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the framework 
action, 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 
final 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 (SBA) during the proposed rule stage that this rule, if 
adopted, would not have a significant 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 comments 
from the public or the SBA's Chief Counsel for Advocacy were received 
regarding the certification, and NMFS has not received any new 
information that would affect its determination. As a result, a final 
regulatory flexibility analysis is not required and none has been 
prepared.

List of Subjects in 50 CFR Part 622

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

    Dated: December 22, 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 OF MEXICO, AND SOUTH 
ATLANTIC

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

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


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


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

* * * * *
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from January 1 through June 30, each year. During 
the closure, the bag and possession limits for greater amberjack in or 
from the Gulf EEZ are zero.
* * * * *

0
3. In Sec.  622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read 
as follows:


Sec.  622.39   Quotas.

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

0
4. In Sec.  622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to 
read as follows:


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

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack, in round weight, is 
319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019, 
and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years.
    (2) * * *
    (iii) The recreational ACL for greater amberjack, in round weight, 
is 862,860 lb (391,387 kg), for 2018, 1,086,970 lb (493,041 kg), for 
2019, and 1,309,620 (594,034 kg), for 2020 and subsequent fishing 
years.
* * * * *
[FR Doc. 2017-28047 Filed 12-27-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations                                       61485

                                              ■  g. In Alternate V—                                    employees under § 219.602 of FRA’s                    DEPARTMENT OF COMMERCE
                                              ■  i. In the clause heading, removing the                drug and alcohol rule (49 CFR part 219).
                                              date ‘‘(DEC 2016)’’ and adding ‘‘(DEC                    In addition, because the industry-wide                National Oceanic and Atmospheric
                                              2017)’’ in its place; and                                random alcohol testing violation rate for             Administration
                                              ■ ii. In paragraph (a), the definition of                covered service employees has
                                              ‘‘Qualifying country’’, adding, in                       continued to be below 0.5 percent for                 50 CFR Part 622
                                              alphabetical order, the country of                       the applicable two calendar years, the                [Docket No. 170816768–7999–02]
                                              ‘‘Latvia’’.                                              Administrator has determined the
                                              [FR Doc. 2017–27780 Filed 12–27–17; 8:45 am]             minimum annual random alcohol                         RIN 0648–BH14
                                              BILLING CODE 5001–06–P                                   testing rate will remain at 10 percent of
                                                                                                                                                             Fisheries of the Caribbean, Gulf of
                                                                                                       covered service employees from January
                                                                                                                                                             Mexico, and South Atlantic; Reef Fish
                                                                                                       1, 2018 through December 31, 2018,                    Fishery of the Gulf of Mexico;
                                              DEPARTMENT OF TRANSPORTATION                             under § 219.608. Because these rates                  Modifications to Greater Amberjack
                                                                                                       represent minimums, railroads may                     Allowable Harvest and Rebuilding Plan
                                              Federal Railroad Administration
                                                                                                       conduct FRA random testing of covered
                                                                                                       service employees at higher rates.                    AGENCY:  National Marine Fisheries
                                              49 CFR Part 219                                                                                                Service (NMFS), National Oceanic and
                                                                                                          On June 12, 2017, maintenance-of-
                                              [Docket No. FRA–2001–11213, Notice No.                                                                         Atmospheric Administration (NOAA),
                                                                                                       way (MOW) employees became subject
                                              22]                                                                                                            Commerce.
                                                                                                       to FRA random drug and alcohol
                                                                                                                                                             ACTION: Final rule.
                                              Drug and Alcohol Testing:                                testing. In the final rule which
                                              Determination of Minimum Random                          expanded the scope of part 219 to                     SUMMARY:    NMFS issues regulations to
                                              Testing Rates for 2018                                   include MOW employees (81 FR 37894,                   implement management measures
                                                                                                       June 10, 2016), FRA had set the initial               described in a framework action to the
                                              AGENCY: Federal Railroad                                 minimum annual random testing rates
                                              Administration (FRA), Department of                                                                            Fishery Management Plan for the Reef
                                                                                                       for MOW employees at 50 percent of                    Fish Resources of the Gulf of Mexico
                                              Transportation (DOT).
                                                                                                       MOW employees for drugs and 25                        (FMP), as prepared by the Gulf of
                                              ACTION: Notification of determination.                   percent of MOW employees for alcohol;                 Mexico Fishery Management Council
                                              SUMMARY:   This notification of                          FRA had set identical initial minimum                 (Council). This final rule revises the
                                              determination announces the FRA                          random testing rates for covered                      commercial and recreational annual
                                              Administrator’s minimum annual                           employees when they first became                      catch limits (ACLs) and annual catch
                                              random drug and alcohol testing rates                    subject to random testing. Unlike                     targets (ACTs), and modifies the
                                              for calendar year 2018.                                  covered employees, however, FRA does                  recreational fixed closed season for
                                                                                                       not yet have two full years of MIS data               greater amberjack in the Gulf of Mexico
                                              DATES: This notification of
                                                                                                       to gauge the industry-wide random drug                (Gulf) exclusive economic zone (EEZ).
                                              determination is effective December 28,
                                                                                                       and random alcohol positive rates for                 The purpose of this final rule and the
                                              2017.
                                                                                                       MOW employees. For this reason, FRA’s                 framework action is to adjust the
                                              FOR FURTHER INFORMATION CONTACT: Jerry                                                                         rebuilding time period and to revise the
                                              Powers, FRA Drug and Alcohol Program                     Administrator has determined that for
                                                                                                       MOW employees, from January 1, 2018                   sector ACLs and ACTs consistent with
                                              Manager, W33–310, Federal Railroad                                                                             updated stock status information to end
                                              Administration, 1200 New Jersey                          through December 31, 2018, the
                                                                                                                                                             overfishing and rebuild the greater
                                              Avenue SE, Washington, DC 20590                          minimum annual random drug testing
                                                                                                                                                             amberjack stock in the Gulf.
                                              (telephone 202–493–6313); or Sam Noe,                    rate will remain at 50 percent of MOW
                                                                                                       employees, and the minimum annual                     DATES: This final rule is effective
                                              FRA Drug and Alcohol Program
                                              Specialist (telephone 615–719–2951).                     random alcohol testing rate will remain               January 27, 2018.
                                                                                                       at 25 percent of MOW employees. As                    ADDRESSES: Electronic copies of the
                                              SUPPLEMENTARY INFORMATION: For the
                                              next calendar year, FRA determines the                   with covered service employees,                       framework action, which includes an
                                              minimum annual random drug testing                       because these rates represent                         environmental assessment, a regulatory
                                              rate and the minimum annual random                       minimums, railroads may conduct FRA                   impact review, and a Regulatory
                                              alcohol testing rate for railroad                        random testing of MOW employees at                    Flexibility Act (RFA) analysis may be
                                              employees covered by hours of service                    higher rates.                                         obtained from the Southeast Regional
                                              laws and regulations (covered service                                                                          Office website at http://
                                                                                                         Issued in Washington, DC, on December               sero.nmfs.noaa.gov/sustainable_
                                              employees) based on the railroad                         21, 2017.
                                              industry data available for the two                                                                            fisheries/gulf_fisheries/reef_fish/2017/
                                              previous calendar years (for this
                                                                                                       Juan D. Reyes, III,                                   GAJ_Framework/gaj_framework.pdf.
                                              document, calendar years 2015 and                        Chief Counsel.                                        FOR FURTHER INFORMATION CONTACT:
                                              2016). Railroad industry data submitted                  [FR Doc. 2017–27976 Filed 12–27–17; 8:45 am]          Kelli O’Donnell, Southeast Regional
                                              to FRA’s Management Information                          BILLING CODE 4910–06–P                                Office, NMFS, telephone: 727–824–
                                              System (MIS) shows the rail industry’s                                                                         5305, email: Kelli.ODonnell@noaa.gov.
                                              random drug testing positive rate for                                                                          SUPPLEMENTARY INFORMATION: The Gulf
                                              covered service employees has                                                                                  reef fish fishery, which includes greater
sradovich on DSK3GMQ082PROD with RULES




                                              continued to be below 1.0 percent for                                                                          amberjack, is managed under the FMP.
                                              the applicable two calendar years.                                                                             The Council prepared the FMP, and
                                              FRA’s Administrator has therefore                                                                              NMFS implements the FMP under the
                                              determined the minimum annual                                                                                  authority of the Magnuson-Stevens
                                              random drug testing rate from January 1,                                                                       Fishery Conservation and Management
                                              2018 through December 31, 2018, will                                                                           Act (Magnuson-Steven Act) through
                                              remain at 25 percent of covered service                                                                        regulations at 50 CFR part 622.


                                         VerDate Sep<11>2014    16:07 Dec 27, 2017   Jkt 244001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\28DER1.SGM   28DER1


                                              61486            Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations

                                                 On November 20, 2017, NMFS                            being met, and therefore provide for a                to the framework action and the
                                              published a proposed rule for the                        longer fishing season for the recreational            proposed rule are grouped as
                                              framework action and requested public                    sector. The June 1 through July 31                    appropriate and summarized below,
                                              comment (82 FR 55074). The proposed                      recreational fixed closed season also                 followed by NMFS’ respective
                                              rule and framework action outline the                    was intended to allow for the harvest of              responses.
                                              rationale for the actions contained in                   one highly targeted species (red                         Comment 1: Recreational fishing for
                                              this final rule. A summary of the                        snapper) when the fishing season for the              greater amberjack should not be open
                                              management measures described in the                     other species (greater amberjack) was                 during the summer when effort is
                                              framework action and implemented by                      closed. However, in-season closures of                highest and other species, such as red
                                              this final rule is provided below.                       greater amberjack have continued to                   snapper, are available for harvest.
                                                                                                       occur since the implementation of                        Response: NMFS and the Council
                                              Management Measures Contained in                                                                               intend the January 1 through June 30
                                                                                                       Amendment 35, and the reduction of
                                              This Final Rule                                                                                                closure implemented through this final
                                                                                                       the recreational red snapper season,
                                                This final rule revises the commercial                 which opens on June 1 each year, has                  rule to be a short-term measure. As
                                              and recreational ACLs and ACTs (which                    resulted in closures for both of these                noted above, the Council recently
                                              are expressed as quotas in the regulatory                species simultaneously. This final rule               submitted a framework action to NMFS
                                              text), and revises the recreational fixed                changes the recreational fixed closed                 that would change the January 1
                                              closed season for greater amberjack in                   season for greater amberjack to January               through June 30 closure by establishing
                                              the Gulf.                                                1 through June 30. The Council                        two separate annual recreational fishing
                                                                                                       determined that extending the length of               seasons: one open from May 1 through
                                              Commercial and Recreational ACLs and
                                                                                                       the recreational fixed closed season to               May 31, and a second open from August
                                              ACTs
                                                                                                       the 6-month period of January 1 through               1 through October 31. However, even if
                                                 The current commercial ACL is                         June 30 will protect greater amberjack                the January through June closure
                                              464,400 lb (210,648 kg), and the                         during peak spawning months (March                    remains in place, this final rule is
                                              commercial ACT is 394,740 lb (179,051                    through April) in the majority of the                 expected to extend the fishing season
                                              kg). The current recreational ACL is                     Gulf, thereby contributing to the                     into October, when fishing for other
                                              1,255,600 lb (569,530 kg), and the                       rebuilding of the greater amberjack                   species, such as red snapper, have
                                              recreational ACT is 1,092,372 lb                         stock. The Council also determined that               closed.
                                              (495,492 kg). All weights described in                   the 6-month fixed closed season will                     Comment 2: There needs to be at least
                                              this final rule are given in round weight.               reduce the likelihood that the                        one species that is important to
                                                 This final rule revises the commercial                recreational sector will meet its quota               recreational anglers available for harvest
                                              and recreational ACLs and ACTs for                       and trigger an in-season quota closure,               at the beginning of the calendar year.
                                              Gulf greater amberjack based on the                      or exceed its ACL, which would require                   Response: NMFS agrees that it is
                                              results of the SEDAR 33 Update (2016)                    a subsequent ACL and ACT payback in                   important to have species targeted by
                                              and the acceptable biological catch                      the following year because of an ACL                  the recreational sector available early in
                                              (ABC) recommendations from the                           overage.                                              the calendar year. Although this final
                                              Council’s Scientific and Statistical                        The Council intends the new 6-month                rule would make greater amberjack
                                              Committee (SSC). This final rule sets the                fixed closed season established by this               unavailable at the beginning of the
                                              commercial ACL at 319,140 lb (144,759                    final rule to be a short-term measure; it             calendar year, there are many other Gulf
                                              kg) for 2018, 402,030 lb (182,357 kg) for                recently submitted another greater                    reef fish species, such as red grouper,
                                              2019, and 484,380 lb (219,711 kg) for                    amberjack framework action to NMFS                    deep water groupers, snappers, and
                                              2020 and subsequent years. The                           for review. Implementation of that                    hogfish, which are generally available
                                              commercial ACT is set at 277,651 lb                      framework action would modify this 6-                 for recreational harvest beginning
                                              (125,940 kg) for 2018, 349,766 lb                        month recreational closed season to                   annually on January 1.
                                              (158,651 kg) for 2019, and 421,411 lb                    create two separate fishing seasons: one                 NMFS recently approved an FMP
                                              (191,148 kg) for 2020 and subsequent                     open from May 1 through May 31, and                   amendment that establishes a new
                                              years. The recreational ACL is set at                    a second open from August 1 through                   recreational fixed closed season for gray
                                              862,860 lb (391,386 kg) for 2018,                        October 31. NMFS expects to publish a                 triggerfish from January 1 through the
                                              1,086,970 lb (493,041 kg) for 2019, and                  proposed rule in early 2018 and to                    end of February. This new closed season
                                              1,309,620 lb (594,033 kg) for 2020 and                   solicit public comments on this change.               was implemented through a final rule
                                              subsequent years. The recreational ACT                                                                         issued on December 15, 2017 (82 FR
                                              is set at 716,173 lb (354,850 kg) for                    Comments and Responses                                59523), and, as a result, gray triggerfish
                                              2018, 902,185 lb (409,223 kg) for 2019,                     NMFS received a total of 12                        are no longer available for recreational
                                              and 1,086,985 lb (493,047 kg) for 2020                   comments on the proposed rule for the                 harvest during the first two months of
                                              and subsequent years. These revisions                    framework action. Two comments                        the calendar year. However, the gray
                                              to the ACLs and ACTs are projected to                    supported the changes to the                          triggerfish fishery will be open starting
                                              rebuild the stock by 2027.                               commercial and recreational ACLs and                  March 1, while greater amberjack
                                                                                                       ACTs and the recreational seasonal                    harvest remains closed.
                                              Recreational Fixed Closed Season                         closure, and six comments disagreed                      Comment 3: There should be a
                                                 This final rule revises the greater                   with the proposed rule, although some                 recreational vessel limit instead of a
                                              amberjack recreational fixed closed                      of the comments were similar in reasons               longer recreational fixed closed season.
                                              season from June 1 through July 31,                      for disagreement.                                        Response: The Council did not
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                                              which was established in the final rule                     Other comments that were outside the               consider establishing a vessel limit in
                                              for Amendment 35 to the FMP (77 FR                       scope of the proposed rule and therefore              this framework action. However, in
                                              67574; November 13, 2012). That closed                   not addressed here, stated that charter               response to public comment at its
                                              season was implemented to restrict                       vessel and headboat harvest should be                 October 2017 meeting, the Council
                                              harvest during times of peak fishing                     considered commercial and that the use                began working on another framework
                                              effort in order to prevent a recreational                of longlines in the Gulf should be                    action and will consider including
                                              in-season closure as a result of the quota               eliminated. Specific comments related                 vessel limits in that framework action.


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                                                               Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Rules and Regulations                                            61487

                                              NMFS expects the Council to review a                        The Chief Counsel for Regulation of                   (C) For fishing year 2020 and
                                              draft of this framework action at its                    the Department of Commerce certified                  subsequent years—421,411 lb (191,149
                                              January 2018 meeting.                                    to the Chief Counsel for Advocacy of the              kg), round weight.
                                                 Comment 4: The greater amberjack                      Small Business Administration (SBA)                   *       *    *     *      *
                                              stock is healthy and therefore not in                    during the proposed rule stage that this                 (2) * * *
                                              need of rebuilding efforts.                              rule, if adopted, would not have a                       (ii) Recreational quota for greater
                                                 Response: NMFS disagrees. The most                    significant economic impact on a                      amberjack. The recreational quota for
                                              recent Gulf greater amberjack                            substantial number of small entities.                 greater amberjack, in round weight, is
                                              population assessment, completed in                      The factual basis for this determination              716,173 lb (324,851 kg), for 2018,
                                              2016, indicated greater amberjack are                    was published in the proposed rule and                902,185 lb (409,224 kg), for 2019,
                                              experiencing overfishing and are                         is not repeated here. No comments from                1,086,985 lb (493,048 kg), for 2020 and
                                              overfished. The current rebuilding plan                  the public or the SBA’s Chief Counsel                 subsequent fishing years.
                                              time period ends in 2019, but new                        for Advocacy were received regarding                  *       *    *     *      *
                                              scientific information indicates the                     the certification, and NMFS has not                   ■ 4. In § 622.41, revise paragraphs
                                              stock will not be rebuilt by that time.                  received any new information that                     (a)(1)(iii) and (a)(2)(iii) to read as
                                              Therefore, consistent with the                           would affect its determination. As a                  follows:
                                              framework action approved by the                         result, a final regulatory flexibility
                                              Council, this final rule establishes a new               analysis is not required and none has                 § 622.41 Annual catch limits (ACLs),
                                              rebuilding time period ending in 2027                    been prepared.                                        annual catch targets (ACTs), and
                                              and revises the harvest limits as                                                                              accountability measures (AMs).
                                                                                                       List of Subjects in 50 CFR Part 622
                                              necessary to end overfishing and rebuild                                                                          (a) * * *
                                              the stock.                                                 Commercial, Fisheries, Fishing,                        (1) * * *
                                                                                                       Greater amberjack, Gulf, Recreational,                   (iii) The commercial ACL for greater
                                              Actions Contained in the Framework                       Reef fish.                                            amberjack, in round weight, is 319,140
                                              Action Not Codified Through This Final                                                                         lb (144,759 kg), for 2018, 402,030 lb
                                                                                                         Dated: December 22, 2017.
                                              Rule                                                                                                           (182,358 kg), for 2019, and 484,380 lb
                                                                                                       Samuel D. Rauch III,
                                                 In addition to the measures in this                                                                         (219,711 kg), for 2020 and subsequent
                                                                                                       Deputy Assistant Administrator for
                                              final rule, the framework action revises                 Regulatory Programs, National Marine
                                                                                                                                                             fishing years.
                                              the greater amberjack ABC and                            Fisheries Service.                                       (2) * * *
                                              overfishing limits (OFLs) based upon                                                                              (iii) The recreational ACL for greater
                                                                                                         For the reasons set out in the
                                              the results of the SEDAR 33 Update and                                                                         amberjack, in round weight, is 862,860
                                                                                                       preamble, 50 CFR part 622 is amended
                                              the Council’s SSC recommendations.                                                                             lb (391,387 kg), for 2018, 1,086,970 lb
                                                                                                       as follows:
                                              The current greater amberjack ABC is                                                                           (493,041 kg), for 2019, and 1,309,620
                                              1,720,000 lb (780,179 kg), and the OFL                   PART 622—FISHERIES OF THE                             (594,034 kg), for 2020 and subsequent
                                              is 3,420,000 lb (1,551,286 kg), which                    CARIBBEAN, GULF OF MEXICO, AND                        fishing years.
                                              were established in the final rule                       SOUTH ATLANTIC                                        *       *    *     *    *
                                              implementing the 2015 framework                                                                                [FR Doc. 2017–28047 Filed 12–27–17; 8:45 am]
                                              action (80 FR 75432; December 2, 2015).                  ■ 1. The authority citation for part 622              BILLING CODE 3510–22–P
                                              This framework action revises the ABC                    continues to read as follows:
                                              and OFL for 3 years, beginning in 2018.                      Authority: 16 U.S.C. 1801 et seq.
                                              The ABC, which is equal to the stock                                                                           DEPARTMENT OF COMMERCE
                                                                                                       ■ 2. In § 622.34, revise paragraph (c) to
                                              ACL, is set at 1,182,000 lb (536,146 kg)                 read as follows:                                      National Oceanic and Atmospheric
                                              for 2018, 1,489,000 lb (675,399 kg) for
                                                                                                                                                             Administration
                                              2019, and 1,794,000 lb (813,744 kg) for                  § 622.34 Seasonal and area closures
                                              2020 and subsequent years. The OFL is                    designed to protect Gulf reef fish.
                                                                                                                                                             50 CFR Part 622
                                              set at 1,500,000 lb (680,388 kg) for 2018,               *      *    *      *      *
                                              1,836,000 lb (832,795 kg) for 2019, and                     (c) Seasonal closure of the                        RIN 0648–XF539
                                              2,167,000 lb (982,934 kg) for 2020 and                   recreational sector for greater
                                              subsequent years.                                        amberjack. The recreational sector for                Fisheries of the Caribbean, Gulf of
                                                                                                       greater amberjack in or from the Gulf                 Mexico, and South Atlantic; Reef Fish
                                              Classification                                                                                                 Fishery of the Gulf of Mexico;
                                                                                                       EEZ is closed from January 1 through
                                                 The Regional Administrator for the                    June 30, each year. During the closure,               Amendment 44
                                              NMFS Southeast Region has determined                     the bag and possession limits for greater             AGENCY:  National Marine Fisheries
                                              that this final rule is consistent with the              amberjack in or from the Gulf EEZ are                 Service (NMFS), National Oceanic and
                                              framework action, the FMP, the                           zero.                                                 Atmospheric Administration (NOAA),
                                              Magnuson-Stevens Act, and other                          *      *    *      *      *                           Commerce.
                                              applicable law.                                          ■ 3. In § 622.39, revise paragraphs                   ACTION: Notification of Agency decision.
                                                 This final rule has been determined to                (a)(1)(v) and (a)(2)(ii) to read as follows:
                                              be not significant for purposes of                                                                             SUMMARY:  NMFS announces the
                                              Executive Order 12866.                                   § 622.39    Quotas.                                   approval of Amendment 44 to the
                                                 The Magnuson-Stevens Act provides                     *     *     *    *     *                              Fishery Management Plan for the Reef
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                                              the statutory basis for this final rule. No                (a) * * *                                           Fish Resources of the Gulf of Mexico
                                              duplicative, overlapping, or conflicting                   (1) * * *                                           (FMP) as submitted by the Gulf of
                                              Federal rules have been identified. In                     (v) Greater amberjack—(A) For fishing               Mexico (Gulf) Fishery Management
                                              addition, no new reporting, record-                      year 2018—277,651 lb (125,940.38 kg),                 Council (Council). Amendment 44
                                              keeping, or other compliance                             round weight.                                         revises minimum stock size thresholds
                                              requirements are introduced by this                        (B) For fishing year 2019—349,766 lb                (MSST) for seven stocks in the Gulf of
                                              final rule.                                              (158,651 kg), round weight.                           Mexico (Gulf) reef fish fishery


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Document Created: 2017-12-28 00:43:17
Document Modified: 2017-12-28 00:43:17
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 27, 2018.
ContactKelli O'Donnell, Southeast Regional Office, NMFS, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 61485 
RIN Number0648-BH14
CFR AssociatedCommercial; Fisheries; Fishing; Greater Amberjack; Gulf; Recreational and Reef Fish

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