83 FR 1305 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 8 (January 11, 2018)

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

[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Rules and Regulations]
[Pages 1305-1310]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00313]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170324313-7999-02]
RIN 0648-BG77


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

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

ACTION: Final rule.

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

DATES: This final rule is effective on February 10, 2018.

ADDRESSES: Electronic copies of Amendment 41 may be obtained from 
www.regulations.gov or the Southeast Regional Office website at http://
http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2016/am41/index.html. Amendment 41 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act (RFA) analysis, 
and fishery impact statement.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region includes mutton snapper and is managed under the 
Snapper-Grouper FMP. The Snapper-Grouper FMP was prepared by the South 
Atlantic Council and is implemented by NMFS through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On September 26, 2017, NMFS published the notice of availability 
for Amendment 41 in the Federal Register and requested public comment 
(82 FR 44756). On October 24, 2017, NMFS published a proposed rule for 
Amendment 41 in the Federal Register and requested public comment (82 
FR 49167). Amendment 41 and the proposed rule outline the rationale for 
the actions contained in this final rule. A summary of the management 
measures described in Amendment 41 and implemented by this final rule 
is provided below.

Management Measures Contained in This Final Rule

    This final rule revises the mutton snapper ACLs for the commercial 
and recreational sectors in the South Atlantic, increases the minimum 
size limit for mutton snapper in the commercial and recreational 
sectors, and modifies the commercial trip limit and the recreational 
bag limit. Unless

[[Page 1306]]

otherwise noted, all weights described in this final rule are in round 
weight.

Commercial and Recreational ACLs

    The 2015 updated stock assessment for mutton snapper in the South 
Atlantic and Gulf of Mexico (Southeast Data, Assessment, and Review 
(SEDAR) 15A Update) concluded that the mutton snapper stock in the 
South Atlantic and Gulf of Mexico (Gulf) is neither overfished nor 
undergoing overfishing. The South Atlantic Council's and Gulf of Mexico 
Fishery Management Council's (Gulf Council) Scientific and Statistical 
Committees (SSCs) reviewed the assessment and provided an acceptable 
biological catch (ABC) recommendation to their Councils. The ABC for 
the mutton snapper stock in the South Atlantic and Gulf is apportioned 
between the South Atlantic Council and the Gulf Council in the Snapper-
Grouper FMP and the FMP for the Reef Fish Resources of the Gulf of 
Mexico. The South Atlantic Council set their portion of the ABC for 
mutton snapper equal to the OY and the total ACL. The South Atlantic 
Council then further allocated the total ACL between the commercial 
sector (17.02 percent) and recreational sector (82.98 percent). The 
catch reference points and sector allocations for South Atlantic mutton 
snapper were implemented by the final rule for the South Atlantic 
Council's Comprehensive ACL Amendment (77 FR 15916, March 16, 2012).
    Amendment 41 and this final rule revise the ABC and the commercial 
and recreational mutton snapper ACLs in the South Atlantic for the 2017 
through the 2020 and subsequent fishing years, consistent with the 
existing apportionment of the ABC between the South Atlantic Council 
and Gulf Council, and the existing sector allocations of the total ACL 
in the South Atlantic.
    As described in Amendment 41, the South Atlantic Council's SSC 
recommended that the South Atlantic portion of the ABC be specified in 
numbers of fish, based on landing projections from the SEDAR 15A 
Update. The South Atlantic Council agreed with this recommendation for 
the ABC, but specified the commercial ACL in pounds and the 
recreational ACL in numbers of fish because commercial landings are 
already tracked in pounds, while recreational landings are tracked in 
numbers of fish. In addition, because this final rule increases the 
minimum size limit for mutton snapper, the South Atlantic Council was 
concerned that specifying the recreational ACL in pounds could increase 
the risk of exceeding the recreational ACL if the method for converting 
the ACL in numbers to pounds does not sufficiently address the change 
in average weight of larger, heavier fish. Therefore, the South 
Atlantic Council determined that there would be a reduced risk of 
exceeding the recreational ACL as a result of an increase in the 
minimum size limit if the ABC and recreational ACL were specified in 
numbers of fish. As a reference for comparing numbers of fish to pounds 
of fish, the average weight of a recreationally harvested mutton 
snapper in 2017 is approximately 4.2 lb (1.9 kg) per fish. The average 
weight of a commercially harvested mutton snapper is 7.68 lb (3.5 kg) 
per fish.
    To determine the commercial ACL in pounds, the commercial sector 
allocation of 17.02 percent was applied to the total ACL in pounds 
(which equals the South Atlantic portion of the mutton snapper ABC). 
The commercial ACLs for mutton snapper will be 100,015 lb (45,366 kg) 
for 2017, 104,231 lb (47,278 kg) for 2018, 107,981 lb (48,979 kg) for 
2019, and 111,354 lb (50,509 kg) for 2020 and subsequent fishing years.
    To determine the recreational ACL in numbers, the recreational 
sector ACL of 82.98 percent was applied to the total ACL in pounds. 
That value was divided by approximately 4.2 lb (1.9 kg) per fish to 
determine the recreational ACL in numbers of fish. The recreational 
ACLs for mutton snapper will be 116,127 fish for 2017, 121,318 fish for 
2018, 124,766 fish for 2019, and 127,115 fish for 2020 and subsequent 
fishing years.
    The South Atlantic portion of the mutton snapper ABC (equal to the 
total ACL) in numbers of fish is the sum of the commercial and 
recreational ACLs in numbers of fish. To determine the ABC in numbers 
of fish, the commercial ACL in pounds was divided by 7.68 lb (3.5 kg) 
per fish and added to the recreational ACL in numbers. Based on results 
from the SEDAR 15A Update and ABC recommendations from the South 
Atlantic and Gulf Councils' SSCs, Amendment 41 decreases the ABC for 
mutton snapper in the South Atlantic to 129,150 fish for the 2017 
fishing year, 134,890 fish for 2018, 138,826 fish for 2019, and 141,614 
fish for 2020 and subsequent fishing years.

Minimum Size Limit

    This final rule increases the minimum size limit from 16 inches 
(40.6 cm), total length (TL), to 18 inches (45.7 cm), TL. Recent 
scientific information indicates that the size at which 50 percent of 
mutton snapper are sexually mature is 16 inches (40.6 cm), TL, for 
males and 18 inches (45.7 cm), TL, for females. Increasing the minimum 
size limit to 18 inches (45.7 cm), TL, allows more individual mutton 
snapper to reach reproductive maturity before being susceptible to 
harvest, and is also projected to increase the average size and the 
corresponding average weight of fish harvested.

Commercial Trip Limits

    This final rule replaces the previous seasonal harvest limitation 
(equivalent to a commercial trip limit) for the commercial sector each 
year in May and June, and implements commercial trip limits for the 
purposes of maintaining a year-round commercial fishing season and 
reducing harvest on mutton snapper when they aggregate to spawn. During 
the mutton snapper spawning months of April through June, this final 
rule establishes a commercial trip limit of 5 fish per person per day 
or 5 fish per person per trip, whichever is more restrictive, for the 
possession of mutton snapper in or from the exclusive economic zone on 
board a vessel that has a Federal commercial permit for South Atlantic 
snapper-grouper. For the remainder of the year (January through March 
and July through December), this final rule establishes a 500-lb (227-
kg) commercial trip limit.

Recreational Bag Limit

    Through this final rule, mutton snapper remains within the existing 
10-snapper aggregate recreational bag limit in the South Atlantic, but 
a reduced recreational bag limit of 5 mutton snapper per person per day 
applies within the overall 10-snapper aggregate bag limit, year-round. 
The bag limit is reduced for the purposes of maintaining a year-round 
recreational fishing season and reducing harvest on mutton snapper 
spawning aggregations.

Management Measures Contained in Amendment 41 but Not Codified Through 
This Final Rule

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

Maximum Sustainable Yield and Minimum Stock Size Threshold

    Amendment 41 changes the MSY definition to the yield produced by 
the fishing mortality rate at MSY (FMSY) or the 
FMSY proxy (where F equals fishing mortality that, if 
applied constantly, would achieve MSY under equilibrium

[[Page 1307]]

conditions), with the MSY and FMSY proxy recommended by the 
SEDAR 15A Update. The FMSY proxy is F30%SPR, or 
the fishing mortality that will produce a static spawning per recruit 
equal to 30 percent. The MSY definition in Amendment 41, allows future 
MSY numerical values to be updated following a stock assessment, SSC 
review and recommendation, and acceptance of that recommendation by the 
South Atlantic Council. Based on the SEDAR 15A Update and the new MSY 
definition, the resulting MSY for mutton snapper in the South Atlantic 
is 912,500 lb (413,903 kg).
    Amendment 41 changes the MSST definition to 75 percent of the 
spawning stock biomass at MSY, which results in an MSST of 3,486,900 lb 
(1,581,631 kg). The SEDAR 15A Update estimated the natural mortality 
for mutton snapper at 0.17, and the MSST for mutton snapper in 
Amendment 41 is consistent with how the South Atlantic Council has 
defined MSST for other snapper-grouper stocks with similarly low 
natural mortality estimates.

Recreational ACTs

    For mutton snapper in the South Atlantic, Amendment 41 specifies a 
revised recreational ACT (equal to 85 percent of the recreational ACL) 
of 98,708 fish for 2017. The recreational ACT is 103,121 fish for 2018, 
106,051 fish for 2019, and 108,048 fish for 2020 and subsequent fishing 
years. NMFS notes that the revised recreational ACTs are used only for 
monitoring purposes and do not trigger a recreational accountability 
measure.

Spawning Months

    Amendment 41 designates April through June as ``spawning months'' 
for mutton snapper in the South Atlantic. The rest of the year is the 
``regular season.'' To protect spawning fish during April through June 
each year, the commercial trip limits apply to vessels with a Federal 
commercial permit for South Atlantic snapper-grouper. The South 
Atlantic Council considered additional recreational management measures 
specific to the spawning months but chose to reduce the bag limit year-
round instead.

Comments and Responses

    NMFS received 10 comments from individuals, commercial, private 
recreational, and charter vessel/headboat (for-hire) recreational 
fishing entities during the public comment period on the notice of 
availability and proposed rule for Amendment 41. Eight of the comments 
were in support of the actions in the proposed rule, with commenters 
specifically citing the increase in the minimum size limit to 18 inches 
(45.7 cm), TL, and the reduced recreational bag limit of 5 fish per 
person per day within the 10-snapper aggregate bag limit. Comments that 
were beyond the scope of the proposed rule and comments that agreed 
with the proposed actions are not responded to in this final rule. 
Comments that specifically relate to the actions contained in Amendment 
41 and the proposed rule, as well as NMFS' respective responses, are 
summarized below.
    Comment 1: NMFS should not reduce the commercial trip limit to 5 
fish per person or per trip during the spawning months of April through 
June, because it is too restrictive and economically burdensome. The 
commercial sector will not meet its ACL under current regulations, and 
instead a commercial trip limit of 25 or 30 fish per vessel should be 
implemented to limit commercial harvest.
    Response: NMFS disagrees. Although mutton snapper is not overfished 
and is not undergoing overfishing, and commercial landings have not 
reached the commercial ACL in recent years, the SEDAR 15A Update, 
completed in 2015, concluded that the mutton snapper population is 
smaller than estimated in the original mutton snapper stock assessment, 
completed in 2008 (SEDAR 15A). Because the population is smaller, the 
South Atlantic and Gulf Councils' SSCs recommended a lower ABC. The 
Councils agreed with their SSCs' recommendation, and this final rule 
modifies management measures in the South Atlantic consistent with that 
lower ABC, including restricting commercial harvest during the critical 
spawning months for mutton snapper to 5 fish per person per day or per 
trip, whichever is more restrictive, during April through June each 
year. Furthermore, stakeholders and law enforcement personnel have 
stated their concerns to the South Atlantic Council about 
overexploitation of mutton snapper when the species is aggregated to 
spawn. The Florida Fish and Wildlife Conservation Commission (FWC) has 
received similar comments. Therefore, the South Atlantic Council also 
coordinated with the FWC to develop compatible regulations for mutton 
snapper in Florida state waters on the Atlantic coast and Federal 
waters to address those concerns and benefit the mutton snapper 
resource. The FWC has also adopted this change in their regulations for 
mutton snapper in Florida state waters on the Atlantic coast.
    The South Atlantic Council did not consider a commercial trip limit 
of 25 or 30 fish per vessel during April through June each year in 
Amendment 41. Prior to this final rule, commercial harvest was limited 
to 10 mutton snapper per person per day or per trip during the May and 
June spawning season and no trip limit during April. In Amendment 41, 
the South Atlantic Council considered commercial trip limit 
alternatives ranging from no commercial retention to 5 fish per person 
per day or per trip, whichever was more restrictive, or 10 to 12 fish 
per vessel per day during the spawning months of April through June. 
The commercial trip limits implemented by this final rule will restrict 
commercial harvest during these critical spawning months for mutton 
snapper, and will also be similar to the recreational bag limit during 
the spawning months. Furthermore, the South Atlantic Council and NMFS 
determined that reducing the commercial trip limit to 5 fish per person 
or per trip during April through June each year, along with the other 
management measures in this final rule, best meet the purpose to ensure 
that mutton snapper is managed based on the best scientific information 
available to achieve and maintain OY, and to prevent overfishing, while 
minimizing adverse social and economic effects to the extent 
practicable.
    From 2010 through 2014, the average commercial trip that landed 
mutton snapper harvested less than 5 mutton snapper per person per 
trip, and that average does not change when including logbook data 
collected by the NMFS Southeast Fisheries Science Center from landings 
and trips during 2015 and 2016. NMFS acknowledges that a business with 
a vessel that has landed more than 5 mutton snapper per person per trip 
during April through June could experience adverse economic impacts 
from the spawning season commercial trip limit, especially if that 
business has a history of intensifying effort during the spawning 
months. The fleet-wide decrease in ex-vessel value of mutton snapper 
landings expected to occur as a result of the 5 mutton snapper per 
person per trip limit during April through June is estimated to be 
$23,567. Additionally, the reduction of the commercial trip limit 
during the spawning months from April through June, in combination with 
the 18-inch (46-cm), TL, minimum size limit would be biologically 
beneficial by reducing harvest and fishing mortality when the species 
is aggregated to spawn and most vulnerable to harvest. These measures 
are necessary to prevent harvest from

[[Page 1308]]

exceeding the commercial ACL in the future and improve economic 
benefits from the resource in the long-term.
    Comment 2: The bag limit should be reduced to 2 or 3 fish per 
person per day instead of the 5 fish per person or per trip 
recreational limit, whichever is more restrictive.
    Response: The South Atlantic Council considered a number of 
specific bag limit alternatives for mutton snapper, ranging from no 
retention to 12 mutton snapper per vessel per day during the spawning 
months. The recreational data from the Marine Recreational Information 
Program (MRIP) and the NMFS Southeast Region Headboat Survey during 
2010 through 2014 show that most recreational fishermen (private and 
for-hire) in the South Atlantic region harvested 3 or fewer mutton 
snapper per day on recreational trips, year-round.
    Limiting the harvest of mutton snapper during the spawning season 
through recreational bag limits is expected to be beneficial to mutton 
snapper, because they form spawning aggregations, which are 
particularly vulnerable to fishing pressure. The South Atlantic Council 
examined the effect of various bag or vessel limits and minimum size 
limit combinations in limiting recreational harvest of mutton snapper 
during the spawning months, regular season, and year-round. The 
analyses indicated that changes to the recreational bag limit would 
have little effect in constraining recreational harvest without 
additional measures being implemented.
    The South Atlantic Council determined that a minimum size limit 
greater than the previous minimum size limit of 16 inches (41 cm), TL, 
in addition to a bag limit of 5 fish per person or per trip, whichever 
is more restrictive, would reduce year-round recreational harvest by 
approximately 50 percent. The increased minimum size limit and reduced 
recreational bag limit implemented by this final rule would also 
control the level of fishing mortality during the spawning season, 
without changing the expected level of discards. Additionally, setting 
the bag limit at 1, 2, or 3 fish per person per day would be expected 
to have larger and unnecessary negative economic effects, since mutton 
snapper are not currently undergoing overfishing and are not considered 
to be overfished.
    Therefore, the South Atlantic Council determined that a 
recreational bag limit of 5 mutton snapper per person per day year-
round within the existing 10-snapper aggregate bag limit, combined with 
the 18-inch (45.7-cm), TL, minimum size limit implemented through this 
final rule, will make regulations for mutton snapper more consistent in 
state and Federal waters, address stakeholder concerns regarding 
overexploitation of the stock, benefit the mutton snapper resource by 
reducing harvest on spawning aggregations, and extend the recreational 
fishing season.
    Comment 3: The commercial sector should have its ACL and trip 
limits reduced proportionally to align with the reductions being 
implemented for the recreational sector.
    Response: The current sector allocations for mutton are 17.02 
percent commercial and 82.98 percent recreational, and the South 
Atlantic Council revised management measures for each sector in 
Amendment 41 and this final rule. The SEDAR 15A Update concluded that 
the mutton snapper population is smaller than estimated in the original 
mutton snapper stock assessment, SEDAR 15A, and the SEDAR 15A Update 
resulted in lower biological reference point values and fishing level 
projections than those from SEDAR 15A. As a result, the South Atlantic 
Council chose a lower ABC for mutton snapper and modified existing 
management measures in both the commercial and recreational sectors to 
be consistent with that lower ABC. The ABC for mutton snapper in the 
South Atlantic initially decreases from previous levels beginning in 
2017, and then increases annually through 2020, and then remains in 
effect at the 2020 level until subsequently modified by the South 
Atlantic Council.
    The OY and total ACL are set equal to the South Atlantic portion of 
the mutton snapper ABC, and similar to the ABC values, in 2017, the 
commercial and recreational ACLs initially decrease proportionally from 
previous levels, and then the sector ACLs will gradually increase 
proportionally through 2020, and remain at the 2020 levels until 
modified by the South Atlantic Council. This final rule also increases 
the minimum size limit for South Atlantic mutton snapper for both the 
commercial and recreational sectors to 18 inches (45.7 cm), TL. The 
South Atlantic Council determined that increasing the minimum size 
limit for both sectors is the most effective change to management 
measures needed to achieve the reduction in overall harvest and 
maintain landings within the total ACL implemented by this final rule.
    Amendment 41 designates April through June as spawning months for 
management purposes in both sectors. The rest of the year is the 
regular season. Prior to this final rule, the possession limit for the 
commercial sector was 10 per person per day or per trip, whichever was 
more restrictive, only during May and June each year. This final rule 
implements a 500-lb (227-kg) commercial trip limit during the regular 
season, and a limit of 5 fish per person per day or per trip, whichever 
is more restrictive, during the spawning months of April through June. 
Prior to this final rule, the recreational bag limit for mutton snapper 
was 10 fish within the 10-snapper aggregate bag limit. This final rule 
implements a recreational bag limit of 5 fish per person per day within 
the 10-snapper aggregate bag limit, year-round. The revised management 
measures implemented by this final rule for both the commercial and 
recreational sectors will limit harvest of mutton snapper during the 
spawning months of April through June each year, as well as year-round, 
while meeting the objectives of the Snapper-Grouper FMP.
    Amendment 41 and the measures implemented by this final rule are 
based on the best scientific information available and will effectively 
achieve and maintain OY and prevent overfishing while minimizing, to 
the extent practicable, adverse social and economic effects.
    Comment 4: The harvest of mutton snapper should be prohibited 
during the spawning season, so fish have time to reproduce before they 
are caught.
    Response: In Amendment 41, the South Atlantic Council evaluated 
numerous alternatives for commercial trip limits, and recreational bag 
and vessel limits, including no retention of mutton snapper during 
spawning months for the commercial and recreational sectors. The South 
Atlantic Council determined that choosing the no retention alternative 
was unnecessary. Prohibiting harvest during the spawning months would 
be biologically beneficial to the mutton snapper stock, since fish 
would not be subject to fishing mortality while they are in spawning 
condition. However, as stated in the response to Comment 1, mutton 
snapper is not overfished and is not undergoing overfishing. 
Prohibiting harvest during April through June each year was the most 
restrictive alternative considered by the South Atlantic Council and it 
would have resulted in the greatest negative socio-economic effects. In 
addition, recent commercial and recreational landings have been highest 
during the spawning months, on average, so prohibiting all harvest 
during these months could result in increased regulatory discards of 
mutton snapper when fishermen target other snapper-grouper species. 
Additionally, through Amendment 41, the South Atlantic Council 
coordinated with the

[[Page 1309]]

FWC to develop and recommend compatible regulations for mutton snapper 
in Florida state waters and Federal waters in the South Atlantic that 
address stakeholder concerns about the overexploitation of mutton 
snapper during spawning aggregations, and benefit the mutton snapper 
resource.
    Comment 5: The 2015 assessment of mutton snapper indicated that the 
mutton snapper stock is not overfished or undergoing overfishing; 
therefore, the final rule should not be implemented.
    Response: NMFS disagrees. Amendment 41 and this final rule respond 
to the SEDAR 15A Update, which NMFS has determined is the best 
scientific information available. While the SEDAR 15A Update indicated 
that the mutton snapper stock is neither overfished nor undergoing 
overfishing, improvements to the modeling approach indicated that the 
population size is smaller than previously estimated. Amendment 41 and 
this final rule update the ABC, MSST, MSY, OY, ACL, and revise 
management measures for mutton snapper, based on the results of the 
SEDAR 15A Update.
    Additionally, as stated in the response to Comment 4, there is 
stakeholder concern about fishing effort on mutton snapper spawning 
aggregations despite the healthy status of the mutton snapper stock, 
and this final rule implements additional protections for mutton 
snapper during the spawning season and year-round. As explained in the 
response to Comment 1, these management measures are needed to maintain 
sustainable harvest levels and economic benefits in the long-term.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with Amendment 41, the 
Snapper-Grouper FMP, the Magnuson-Stevens Act, and other applicable 
law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for this determination was published 
in the proposed rule and is not repeated here. No changes to this final 
rule were made in response to public comments. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.
    NMFS did not receive any comments specific to the certification 
that there would not be a significant economic impact on a substantial 
number of small entities. However, NMFS received one public comment 
related to the economic impact of the commercial trip limit reduction 
to 5 mutton snapper per person per day or per trip, whichever is more 
restrictive, during the mutton snapper spawning months of April through 
June. That comment, also addressed in Comment 1 of the Comments and 
Responses section, stated the commercial trip limit reduction would be 
too restrictive and economically burdensome. Prior to this final rule, 
there was a commercial trip limit of 10 mutton snapper per person per 
day or per trip, whichever was more restrictive, during May and June 
each year, and no trip limit in April. From 2010 through 2014, the 
average commercial trip that landed mutton snapper harvested less than 
5 mutton snapper per person per trip, and that figure does not change 
when landings and trips from 2015 through 2016 are included. NMFS 
acknowledges that a business with a vessel that has landed more than 5 
mutton snapper per person during a trip in April through June could 
experience adverse economic impacts from the commercial trip limit in 
this final rule, especially if that business has a history of increased 
effort during these spawning months. However, that would not change the 
determination that this rule will not have a significant adverse 
economic impact on a substantial number of small entities.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Mutton snapper, South Atlantic.

    Dated: January 5, 2018.
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.


Sec.  622.184  [Amended]

0
2. In Sec.  622.184, remove and reserve paragraph (b).


0
3. In Sec.  622.185, revise paragraph (a)(4) to read as follows:


Sec.  622.185   Size limits.

* * * * *
    (a) * * *
    (4) Mutton snapper--18 inches (45.7 cm), TL.
* * * * *

0
4. In Sec.  622.187, revise paragraph (b)(4) to read as follows:


Sec.  622.187   Bag and possession limits.

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

0
5. In Sec.  622.191, add paragraph (a)(13) to read as follows:


Sec.  622.191   Commercial trip limits.

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

0
7. In Sec.  622.193, revise paragraph (o) to read as follows:


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

* * * * *
    (o) Mutton snapper--(1) Commercial sector. (i) If commercial 
landings for

[[Page 1310]]

mutton snapper, as estimated by the SRD, reach or are projected to 
reach the applicable commercial ACL specified in paragraph (o)(1)(iii) 
of this section, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector for the remainder of 
the fishing year. On and after the effective date of such a 
notification, all sale or purchase of mutton snapper is prohibited and 
harvest or possession of mutton snapper in or from the South Atlantic 
EEZ is limited to the bag and possession limits. These bag and 
possession limits apply in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.
    (ii) If commercial landings for mutton snapper, as estimated by the 
SRD, exceed the applicable commercial ACL specified in paragraph 
(o)(1)(iii) of this section, and the applicable combined commercial and 
recreational ACL specified in paragraph (o)(3) of this section is 
exceeded during the same fishing year, and the species is overfished 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register 
to reduce the commercial ACL in the following fishing year by the 
amount of the commercial ACL overage in the prior fishing year.
    (iii) The commercial ACLs for the following fishing years are given 
in round weight. For 2017--100,015 lb (45,366 kg); for 2018--104,231 lb 
(47,278 kg); for 2019--107,981 lb (48,979 kg); for 2020 and subsequent 
fishing years--111,354 lb (50,509 kg).
    (2) Recreational sector. (i) If recreational landings for mutton 
snapper, as estimated by the SRD, reach or are projected to reach the 
applicable recreational ACL specified in paragraph (o)(2)(iii) of this 
section, the AA will file a notification with the Office of the Federal 
Register to close the recreational sector for the remainder of the 
fishing year regardless if the stock is overfished, unless NMFS 
determines that no closure is necessary based on the best scientific 
information available. On and after the effective date of such a 
notification, the bag and possession limits for mutton snapper in or 
from the South Atlantic EEZ are zero.
    (ii) If recreational landings for mutton snapper, as estimated by 
the SRD, exceed the applicable recreational ACL specified in paragraph 
(o)(2)(iii) of this section, then during the following fishing year 
recreational landings will be monitored for a persistence in increased 
landings, and if necessary, the AA will file a notification with the 
Office of the Federal Register to reduce the length of the recreational 
fishing season and the recreational ACL by the amount of the 
recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
applicable combined commercial and recreational ACL specified in 
paragraph (o)(3) of this section is exceeded during the same fishing 
year. NMFS will use the best scientific information available to 
determine if reducing the length of the recreational fishing season and 
recreational ACL is necessary. When the recreational sector is closed 
as a result of NMFS reducing the length of the recreational fishing 
season and ACL, the bag and possession limits for mutton snapper in or 
from the South Atlantic EEZ are zero.
    (iii) The recreational ACLs for the following fishing years are 
given in numbers of fish. For 2017--116,127; for 2018--121,318; for 
2019--124,766; for 2020 and subsequent fishing years--127,115.
    (3) Combined commercial and recreational ACL. The combined 
commercial and recreational ACLs for the following fishing years are 
given in round weight. For 2017--587,633 lb (266,546 kg); for 2018--
612,401 lb (277,780 kg); for 2019--634,435 lb (287,775 kg); for 2020 
and subsequent fishing years--654,257 lb (296,766 kg).
* * * * *
[FR Doc. 2018-00313 Filed 1-10-18; 8:45 am]
 BILLING CODE 3510-22-P