83_FR_13487 83 FR 13426 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Recreational Fishing Year and Fixed Closed Season

83 FR 13426 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Recreational Fishing Year and Fixed Closed Season

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range13426-13428
FR Document2018-06317

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 recreational fishing year and modifies the recreational fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ). The purposes of this final rule and the framework action are to constrain recreational harvest to assist in ending overfishing, and to rebuild the greater amberjack stock in the Gulf, while achieving optimum yield of the stock in the Gulf.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Rules and Regulations]
[Pages 13426-13428]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06317]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171017999-8262-01]
RIN 0648-BH32


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater 
Amberjack Recreational Fishing Year and Fixed Closed Season

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 recreational fishing year and modifies the recreational 
fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ). The purposes of this final rule and the 
framework action are to constrain recreational harvest to assist in 
ending overfishing, and to rebuild the greater amberjack stock in the 
Gulf, while achieving optimum yield of the stock in the Gulf.

DATES: This final rule is effective April 30, 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_Fishing%20Year/index.html.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS SERO, 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.
    On January 26, 2018, NMFS published a proposed rule for the 
framework action and requested public comment (83 FR 3670). The 
proposed rule and the 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 recreational fishing year and the 
recreational fixed closed season for greater amberjack in the Gulf.

Greater Amberjack Recreational Fishing Year

    This final rule revises the Gulf greater amberjack recreational 
fishing year to be August 1 through July 31. The current Gulf 
recreational fishing year for greater amberjack is January 1 through 
December 31 and was established in the original FMP (49 FR 39548; 
October 9, 1984). The change implemented through this final rule allows 
for greater amberjack recreational harvest to occur later in the year 
and provides an opportunity to harvest greater amberjack when harvest 
of many other reef fish species is prohibited due to in-season closures 
as a result of harvest limits. By starting the fishing year in August, 
when fishing effort is less, NMFS and the Council expect enough 
recreational quota remaining to allow for harvest during May of the 
following calendar year.
    Consistent with the change in the fishing year, this final rule 
revises the years associated with the greater amberjack recreational 
annual catch limits (ACLs) and quotas. Currently, the recreational ACLs 
and quotas are defined by the calendar year, which is also the fishing 
year. With the change to the recreational fishing year, the 
recreational ACLs and quotas apply across calendar years. Therefore, 
this final rule assigns the recently implemented 2018 ACL and quota to 
the remainder of the August 1, 2017, through July 31, 2018, 
recreational fishing year. The 2019 recreational ACL and quota will 
correspond to the 2018-2019 recreational fishing year, and the 
recreational ACL and quota for 2020 and beyond will correspond to all 
subsequent fishing years.

[[Page 13427]]

Greater Amberjack Recreational Fixed Closed Season

    NMFS recently published a final rule that changed the greater 
amberjack recreational closed season from June through July each year 
to January through June (82 FR 61485; December 28, 2017) to allow the 
Council time to further modify the closed season to create two separate 
recreational fishing seasons.
    This final rule modifies the recreational fixed closed season for 
greater amberjack to be from January 1 through April 30, June 1 through 
July 31, and November 1 through December 31, each year. This means that 
recreational harvest would be allowed in May and from August through 
October each calendar year unless an in-season closure is necessary to 
constrain harvest to the recreational quota. Because this final rule 
also changes the recreational fishing year, NMFS expects any in-season 
quota closure to occur later in the fall or during May of the following 
year. However, because NMFS expects the recreational fixed closed 
season to reduce recreational landings NMFS also expects this change to 
reduce the likelihood of an in-season closure and landings exceeding 
the recreational ACL. This final rule is also expected to protect 
greater amberjack during peak spawning months in the majority of the 
Gulf (March through April), thereby contributing to rebuilding the 
greater amberjack stock by the end of the designated time period in 
2027.

Comments and Responses

    NMFS received a total of 46 comments on the proposed rule for the 
framework action from individual fishers and two for-hire fishing 
vessel associations. Several commenters supported the proposed measures 
for Gulf greater amberjack. Other comments stated that changes to 
fishing regulations cause confusion, and suggested a tag system to 
measure harvest of greater amberjack, but those assertions were outside 
the scope of the proposed rule and therefore are not addressed here.
    Specific comments related to the framework action and the proposed 
rule are grouped by topic and summarized below, followed by NMFS' 
respective responses.
    Comment 1: Greater amberjack is abundant in the Gulf which suggests 
the stock is healthy; therefore, the greater amberjack stock is not in 
need of rebuilding, and these additional management measures are not 
necessary.
    Response: NMFS disagrees that the greater amberjack stock is not in 
need of rebuilding and that the management measures in this final rule 
are unnecessary. In 2016, a Southeast Data, Assessment, and Review 
(SEDAR) stock assessment for greater amberjack was completed (SEDAR 33) 
and indicated the Gulf greater amberjack stock remained overfished, was 
undergoing overfishing, and would not be rebuilt by 2019, as was 
previously estimated. Therefore, the Council established a new 
rebuilding time period that ends in 2027 and revised the ACLs and 
quotas. (82 FR 61485; December 28, 2017). The management measures 
implemented through this final rule are expected to constrain harvest 
to the new catch levels and protect the stock during springtime 
spawning activity in March and April. The Council determined, and NMFS 
agrees, that these management measures will help meet rebuilding goals 
for this stock.
    Comment 2: The greater amberjack recreational fishing year should 
not be changed. Changing the fishing year to start on August 1 will 
cost money and take time to implement without providing any benefit. It 
will also shift effort in the eastern Gulf to the western Gulf, 
changing the dynamics of the fishery. This change will eliminate any 
recreational spring fishery for greater amberjack in the eastern Gulf 
because there will be enough of the recreational quota remaining after 
the fall season.
    Response: While NMFS agrees that the change in the fishing year may 
shift fishery dynamics, this change is expected to provide benefits by 
reducing the overall recreational harvest of greater amberjack, which 
will reduce the likelihood of an in-season closure, and allow for 
harvest in May as well as August through October. The first season is 
limited to 3 months (August, September, and October) and is during a 
time of historically low fishing effort. Analysis included in the 
framework action predicted that the new recreational quota should be 
sufficient to allow for harvest both in the fall and the spring.
    In addition, changing the fishing year to begin on August 1 
provides access to greater amberjack later in the calendar year, which 
is a period when the harvest of other targeted species (e.g., red 
snapper) is typically unavailable in Federal waters. Opening 
recreational fishing for greater amberjack later in the calendar year 
is also expected to improve access to this species because weather 
tends to be more favorable.
    Comment 3: The recreational closed season for greater amberjack 
should not be changed.
    Response: NMFS disagrees that the recreational closed season for 
greater amberjack should not be changed. The current recreational 
greater amberjack closed season of January 1 through June 30 was 
intended to be a temporary measure to allow the Council time to 
consider alternatives that would allow for harvest in both the spring 
and fall. If the current closed season were left in place, it would not 
allow for recreational harvest in the spring, which is a time when many 
recreational anglers have requested that recreational harvest of 
greater amberjack occur because this is a time when other targeted 
species, such as red snapper, are usually unavailable for harvest. The 
Council considered several options for modifying the closed season to 
allow harvest in the spring and chose May as the open month to avoid 
harvest during the peak spawning months of March and April.
    Comment 4: A 4-month recreational open season for greater amberjack 
is too short. Recreational harvest should be allowed year-round or at 
least also in June and July.
    Response: NMFS disagrees. Allowing recreational harvest of greater 
amberjack during June and July, historically the months of highest 
recreational fishing effort, or year-round, would likely result in an 
in-season quota closure, and would increase the likelihood of exceeding 
the recreational ACL. It would also be inconsistent with the Council's 
intent to have both fall and spring fishing seasons. Allowing for 
recreational harvest in May, August, September, and October is expected 
to increase the opportunity for recreational harvest while still 
protecting the stock as it rebuilds.
    Comment 5: Modifying the recreational bag limits, implementing 
seasonal split quotas, and modifying the commercial trip limits would 
be more effective in managing the greater amberjack stock in the Gulf 
than changing the fishing year and closed season.
    Response: The Council did not consider modifying recreational bag 
limits or establishing recreational seasonal quotas for greater 
amberjack in the Gulf in this framework action. However, in response to 
public comments at its October 2017 meeting, the Council began 
development of another framework action in which it will consider 
recreational bag limit options and split quotas as well as commercial 
vessel limits for greater amberjack. NMFS expects the Council to review 
a draft options paper for this framework in 2018.

[[Page 13428]]

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

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

    Dated: March 23, 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.


0
2. In Sec.  622.7, add paragraph (h) to read as follows:


Sec.  622.7  Fishing years.

* * * * *
    (h) Gulf of Mexico greater amberjack recreational sector--August 1 
through July 31. (Note: The fishing year for the commercial sector for 
greater amberjack is January 1 through December 31).

0
3. 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 April 30, June 1 through July 
31, and November 1 through December 31, each year. During the closure, 
the bag and possession limit for greater amberjack in or from the Gulf 
EEZ is zero.
* * * * *

0
4. In Sec.  622.39, revise paragraph (a)(2)(ii) to read as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. (A) For the 2017-
2018 fishing year--716,173 lb (324,851 kg).
    (B) For the 2018-2019 fishing year--902,185 lb (409,224 kg).
    (C) For the 2019-2020 fishing year and subsequent fishing years--
1,086,985 lb (493,048 kg).
* * * * *

0
5. In Sec.  622.41, revise paragraph (a)(2)(iii) to read as follows:


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

    (a) * * *
    (2) * * *
    (iii) The applicable recreational ACL for greater amberjack, in 
round weight, is 862,860 lb (391,387 kg) for the 2017-2018 fishing 
year, 1,086,970 lb (493,041 kg) for the 2018-2019 fishing year, and 
1,309,620 lb (594,034 kg) for 2019-2020 fishing year and subsequent 
fishing years.
* * * * *
[FR Doc. 2018-06317 Filed 3-28-18; 8:45 am]
 BILLING CODE 3510-22-P



                                             13426             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

                                             proposed approach, which may include                    Federal Communications Commission.                    amberjack, is managed under the FMP.
                                             the following four alternatives (among                  Gary D. Michaels,                                     The Council prepared the FMP, and
                                             others): ‘‘(1) the establishment of                     Deputy Chief, Auctions and Spectrum Access            NMFS implements the FMP under the
                                             differing compliance or reporting                       Division, WTB.                                        authority of the Magnuson-Stevens
                                             requirements or timetables that take into               [FR Doc. 2018–06382 Filed 3–28–18; 8:45 am]           Fishery Conservation and Management
                                             account the resources available to small                                                                      Act (Magnuson-Steven Act) through
                                                                                                     BILLING CODE 6712–01–P
                                             entities; (2) the clarification,                                                                              regulations at 50 CFR part 622.
                                             consolidation, or simplification of                                                                              On January 26, 2018, NMFS
                                             compliance or reporting requirements                                                                          published a proposed rule for the
                                                                                                     DEPARTMENT OF COMMERCE                                framework action and requested public
                                             under the rule for small entities; (3) the
                                             use of performance, rather than design,                                                                       comment (83 FR 3670). The proposed
                                                                                                     National Oceanic and Atmospheric
                                             standards; and (4) and exemption from                                                                         rule and the framework action outline
                                                                                                     Administration
                                             coverage of the rule, or any part thereof,                                                                    the rationale for the actions contained in
                                             for small entities.’’                                                                                         this final rule. A summary of the
                                                                                                     50 CFR Part 622
                                                70. The challenge procedures                                                                               management measures described in the
                                             established in the MF–II Challenge                      [Docket No. 171017999–8262–01]                        framework action and implemented by
                                             Process Procedures Public Notice are                    RIN 0648–BH32
                                                                                                                                                           this final rule is provided below.
                                             intended to remove the need for a                                                                             Management Measures Contained in
                                             challenger to submit a map of the area(s)               Fisheries of the Caribbean, Gulf of                   This Final Rule
                                             it wishes to challenge on top of its                    Mexico, and South Atlantic; Reef Fish
                                                                                                     Fishery of the Gulf of Mexico;                           This final rule revises the recreational
                                             evidence by having the Commission                                                                             fishing year and the recreational fixed
                                             perform all geospatial data analysis on                 Modifications to Greater Amberjack
                                                                                                     Recreational Fishing Year and Fixed                   closed season for greater amberjack in
                                             a uniform grid, which will benefit small                                                                      the Gulf.
                                             entities. The challenge procedures also                 Closed Season
                                             allow a challenged entity to submit                                                                           Greater Amberjack Recreational Fishing
                                                                                                     AGENCY:  National Marine Fisheries                    Year
                                             evidence identifying devices that were                  Service (NMFS), National Oceanic and
                                             subject to data speed reductions,                       Atmospheric Administration (NOAA),                       This final rule revises the Gulf greater
                                             alongside evidence from transmitter                     Commerce.                                             amberjack recreational fishing year to be
                                             monitoring software and speed tests,                                                                          August 1 through July 31. The current
                                                                                                     ACTION: Final rule.
                                             thereby minimizing the significant                                                                            Gulf recreational fishing year for greater
                                             economic impact on small entities.                   NMFS issues regulations to
                                                                                                     SUMMARY:                                              amberjack is January 1 through
                                             Challenged parties will also be given 30 implement management measures                                        December 31 and was established in the
                                             days to review challenges and            described in a framework action to the                               original FMP (49 FR 39548; October 9,
                                             supporting data before the response      Fishery Management Plan for the Reef                                 1984). The change implemented through
                                             window opens. In addition, the Bureaus   Fish Resources of the Gulf of Mexico                                 this final rule allows for greater
                                             note that the challenge processes and    (FMP), as prepared by the Gulf of                                    amberjack recreational harvest to occur
                                             procedures adopted in the MF–II          Mexico Fishery Management Council                                    later in the year and provides an
                                             Challenge Process Procedures Public      (Council). This final rule revises the                               opportunity to harvest greater amberjack
                                             Notice will only apply to small entities recreational fishing year and modifies                               when harvest of many other reef fish
                                             who participate in the challenge         the recreational fixed closed season for                             species is prohibited due to in-season
                                             process. The Bureaus also note that to   greater amberjack in the Gulf of Mexico                              closures as a result of harvest limits. By
                                             the extent a challenged party is a small (Gulf) exclusive economic zone (EEZ).                                starting the fishing year in August,
                                             entity, since a challenged party is not  The purposes of this final rule and the                              when fishing effort is less, NMFS and
                                             required to respond to challenges within framework action are to constrain                                    the Council expect enough recreational
                                             their service area(s) the processes and  recreational harvest to assist in ending                             quota remaining to allow for harvest
                                             procedures associated with responding    overfishing, and to rebuild the greater                              during May of the following calendar
                                             to challenges adopted in the MF–II       amberjack stock in the Gulf, while                                   year.
                                             Challenge Process Procedures Public      achieving optimum yield of the stock in                                 Consistent with the change in the
                                             Notice are only applicable should a      the Gulf.                                                            fishing year, this final rule revises the
                                             small entity choose to submit                                                                                 years associated with the greater
                                                                                      DATES: This final rule is effective April
                                             responsive evidence.                                                                                          amberjack recreational annual catch
                                                                                      30, 2018.
                                             7. Report to Congress                                                                                         limits (ACLs) and quotas. Currently, the
                                                                                      ADDRESSES: Electronic copies of the
                                                                                                                                                           recreational ACLs and quotas are
                                                71. The Commission will send a copy framework action, which includes an                                    defined by the calendar year, which is
                                             of the MF–II Challenge Process           environmental assessment, a regulatory                               also the fishing year. With the change to
                                             Procedures Public Notice, including this impact review, and a Regulatory                                      the recreational fishing year, the
                                             Supplemental FRFA, in a report to        Flexibility Act (RFA) analysis may be                                recreational ACLs and quotas apply
                                             Congress pursuant to the Congressional   obtained from the Southeast Regional                                 across calendar years. Therefore, this
                                             Review Act. In addition, the             Office website at http://                                            final rule assigns the recently
                                             Commission will send a copy of the MF– sero.nmfs.noaa.gov/sustainable_                                        implemented 2018 ACL and quota to the
                                             II Challenge Process Procedures Public   fisheries/gulf_fisheries/reef_fish/2017/                             remainder of the August 1, 2017,
                                                                                      GAJ_Fishing%20Year/index.html.
rmajette on DSKBCKNHB2PROD with RULES




                                             Notice, including this Supplemental                                                                           through July 31, 2018, recreational
                                             FRFA, to the Chief Counsel for           FOR FURTHER INFORMATION CONTACT:                                     fishing year. The 2019 recreational ACL
                                             Advocacy of the SBA. A copy of the       Kelli O’Donnell, NMFS SERO,                                          and quota will correspond to the 2018–
                                             MF–II Challenge Process Procedures       telephone: 727–824–5305, email:                                      2019 recreational fishing year, and the
                                             Public Notice and Supplemental FRFA      Kelli.ODonnell@noaa.gov.                                             recreational ACL and quota for 2020 and
                                             (or summaries thereof) will also be      SUPPLEMENTARY INFORMATION: The Gulf                                  beyond will correspond to all
                                             published in the Federal Register.       reef fish fishery, which includes greater                            subsequent fishing years.


                                        VerDate Sep<11>2014   15:09 Mar 28, 2018   Jkt 244001   PO 00000   Frm 00052   Fmt 4700   Sfmt 4700   E:\FR\FM\29MRR1.SGM   29MRR1


                                                               Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations                                         13427

                                             Greater Amberjack Recreational Fixed                       Response: NMFS disagrees that the                     Response: NMFS disagrees that the
                                             Closed Season                                           greater amberjack stock is not in need of             recreational closed season for greater
                                                NMFS recently published a final rule                 rebuilding and that the management                    amberjack should not be changed. The
                                             that changed the greater amberjack                      measures in this final rule are                       current recreational greater amberjack
                                             recreational closed season from June                    unnecessary. In 2016, a Southeast Data,               closed season of January 1 through June
                                             through July each year to January                       Assessment, and Review (SEDAR) stock                  30 was intended to be a temporary
                                             through June (82 FR 61485; December                     assessment for greater amberjack was                  measure to allow the Council time to
                                                                                                     completed (SEDAR 33) and indicated                    consider alternatives that would allow
                                             28, 2017) to allow the Council time to
                                                                                                     the Gulf greater amberjack stock                      for harvest in both the spring and fall.
                                             further modify the closed season to
                                                                                                     remained overfished, was undergoing                   If the current closed season were left in
                                             create two separate recreational fishing
                                                                                                     overfishing, and would not be rebuilt by              place, it would not allow for
                                             seasons.
                                                                                                     2019, as was previously estimated.                    recreational harvest in the spring, which
                                                This final rule modifies the
                                                                                                     Therefore, the Council established a                  is a time when many recreational
                                             recreational fixed closed season for
                                                                                                     new rebuilding time period that ends in               anglers have requested that recreational
                                             greater amberjack to be from January 1
                                                                                                     2027 and revised the ACLs and quotas.                 harvest of greater amberjack occur
                                             through April 30, June 1 through July
                                                                                                     (82 FR 61485; December 28, 2017). The                 because this is a time when other
                                             31, and November 1 through December
                                                                                                     management measures implemented                       targeted species, such as red snapper,
                                             31, each year. This means that
                                                                                                     through this final rule are expected to               are usually unavailable for harvest. The
                                             recreational harvest would be allowed
                                                                                                     constrain harvest to the new catch levels             Council considered several options for
                                             in May and from August through                          and protect the stock during springtime
                                             October each calendar year unless an in-                                                                      modifying the closed season to allow
                                                                                                     spawning activity in March and April.                 harvest in the spring and chose May as
                                             season closure is necessary to constrain                The Council determined, and NMFS
                                             harvest to the recreational quota.                                                                            the open month to avoid harvest during
                                                                                                     agrees, that these management measures                the peak spawning months of March
                                             Because this final rule also changes the                will help meet rebuilding goals for this
                                             recreational fishing year, NMFS expects                                                                       and April.
                                                                                                     stock.                                                   Comment 4: A 4-month recreational
                                             any in-season quota closure to occur                       Comment 2: The greater amberjack
                                             later in the fall or during May of the                                                                        open season for greater amberjack is too
                                                                                                     recreational fishing year should not be               short. Recreational harvest should be
                                             following year. However, because NMFS                   changed. Changing the fishing year to
                                             expects the recreational fixed closed                                                                         allowed year-round or at least also in
                                                                                                     start on August 1 will cost money and                 June and July.
                                             season to reduce recreational landings                  take time to implement without
                                             NMFS also expects this change to                                                                                 Response: NMFS disagrees. Allowing
                                                                                                     providing any benefit. It will also shift
                                             reduce the likelihood of an in-season                                                                         recreational harvest of greater amberjack
                                                                                                     effort in the eastern Gulf to the western
                                             closure and landings exceeding the                                                                            during June and July, historically the
                                                                                                     Gulf, changing the dynamics of the
                                             recreational ACL. This final rule is also                                                                     months of highest recreational fishing
                                                                                                     fishery. This change will eliminate any
                                             expected to protect greater amberjack                                                                         effort, or year-round, would likely result
                                                                                                     recreational spring fishery for greater
                                             during peak spawning months in the                                                                            in an in-season quota closure, and
                                                                                                     amberjack in the eastern Gulf because
                                             majority of the Gulf (March through                                                                           would increase the likelihood of
                                                                                                     there will be enough of the recreational
                                             April), thereby contributing to                                                                               exceeding the recreational ACL. It
                                                                                                     quota remaining after the fall season.
                                             rebuilding the greater amberjack stock                     Response: While NMFS agrees that                   would also be inconsistent with the
                                             by the end of the designated time period                the change in the fishing year may shift              Council’s intent to have both fall and
                                             in 2027.                                                fishery dynamics, this change is                      spring fishing seasons. Allowing for
                                                                                                     expected to provide benefits by                       recreational harvest in May, August,
                                             Comments and Responses                                                                                        September, and October is expected to
                                                                                                     reducing the overall recreational harvest
                                                NMFS received a total of 46                          of greater amberjack, which will reduce               increase the opportunity for recreational
                                             comments on the proposed rule for the                   the likelihood of an in-season closure,               harvest while still protecting the stock
                                             framework action from individual                        and allow for harvest in May as well as               as it rebuilds.
                                             fishers and two for-hire fishing vessel                 August through October. The first                        Comment 5: Modifying the
                                             associations. Several commenters                        season is limited to 3 months (August,                recreational bag limits, implementing
                                             supported the proposed measures for                     September, and October) and is during                 seasonal split quotas, and modifying the
                                             Gulf greater amberjack. Other comments                  a time of historically low fishing effort.            commercial trip limits would be more
                                             stated that changes to fishing                          Analysis included in the framework                    effective in managing the greater
                                             regulations cause confusion, and                        action predicted that the new                         amberjack stock in the Gulf than
                                             suggested a tag system to measure                       recreational quota should be sufficient               changing the fishing year and closed
                                             harvest of greater amberjack, but those                 to allow for harvest both in the fall and             season.
                                             assertions were outside the scope of the                the spring.                                              Response: The Council did not
                                             proposed rule and therefore are not                        In addition, changing the fishing year             consider modifying recreational bag
                                             addressed here.                                         to begin on August 1 provides access to               limits or establishing recreational
                                                Specific comments related to the                     greater amberjack later in the calendar               seasonal quotas for greater amberjack in
                                             framework action and the proposed rule                  year, which is a period when the harvest              the Gulf in this framework action.
                                             are grouped by topic and summarized                     of other targeted species (e.g., red                  However, in response to public
                                             below, followed by NMFS’ respective                     snapper) is typically unavailable in                  comments at its October 2017 meeting,
                                             responses.                                              Federal waters. Opening recreational                  the Council began development of
rmajette on DSKBCKNHB2PROD with RULES




                                                Comment 1: Greater amberjack is                      fishing for greater amberjack later in the            another framework action in which it
                                             abundant in the Gulf which suggests the                 calendar year is also expected to                     will consider recreational bag limit
                                             stock is healthy; therefore, the greater                improve access to this species because                options and split quotas as well as
                                             amberjack stock is not in need of                       weather tends to be more favorable.                   commercial vessel limits for greater
                                             rebuilding, and these additional                           Comment 3: The recreational closed                 amberjack. NMFS expects the Council to
                                             management measures are not                             season for greater amberjack should not               review a draft options paper for this
                                             necessary.                                              be changed.                                           framework in 2018.


                                        VerDate Sep<11>2014   15:09 Mar 28, 2018   Jkt 244001   PO 00000   Frm 00053   Fmt 4700   Sfmt 4700   E:\FR\FM\29MRR1.SGM   29MRR1


                                             13428             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

                                             Classification                                          ■ 3. In § 622.34, revise paragraph (c) to             DEPARTMENT OF COMMERCE
                                                The Regional Administrator for the                   read as follows:
                                                                                                                                                           National Oceanic and Atmospheric
                                             NMFS Southeast Region has determined                    § 622.34 Seasonal and area closures                   Administration
                                             that this final rule is consistent with the             designed to protect Gulf reef fish.
                                             framework action, the FMP, the
                                                                                                     *     *     *    *     *                              50 CFR Part 660
                                             Magnuson-Stevens Act, and other
                                             applicable law.                                           (c) Seasonal closure of the                         [Docket No. 161024999–8248–02]
                                                This final rule has been determined to               recreational sector for greater
                                                                                                                                                           RIN 0648–BG40
                                             be not significant for purposes of                      amberjack. The recreational sector for
                                             Executive Order 12866.                                  greater amberjack in or from the Gulf                 Fisheries Off West Coast States;
                                                The Magnuson-Stevens Act provides                    EEZ is closed from January 1 through                  Pacific Coast Groundfish Fishery
                                             the statutory basis for this final rule. No             April 30, June 1 through July 31, and                 Management Plan; Authorization of an
                                             duplicative, overlapping, or conflicting                November 1 through December 31, each                  Oregon Recreational Fishery for
                                             Federal rules have been identified. In                  year. During the closure, the bag and                 Midwater Groundfish Species
                                             addition, no new reporting, record-                     possession limit for greater amberjack in
                                             keeping, or other compliance                                                                                  AGENCY:  National Marine Fisheries
                                                                                                     or from the Gulf EEZ is zero.
                                             requirements are introduced by this                                                                           Service (NMFS), National Oceanic and
                                                                                                     *     *     *    *     *                              Atmospheric Administration (NOAA),
                                             final rule.
                                                The Chief Counsel for Regulation of                  ■ 4. In § 622.39, revise paragraph                    Commerce.
                                             the Department of Commerce certified                    (a)(2)(ii) to read as follows:                        ACTION: Final rule.
                                             to the Chief Counsel for Advocacy of the
                                                                                                     § 622.39    Quotas.                                   SUMMARY:   This final rule authorizes the
                                             Small Business Administration (SBA)
                                                                                                     *       *    *    *     *                             use of midwater long-leader gear for
                                             during the proposed rule stage that this
                                                                                                                                                           recreational fishing in waters seaward of
                                             rule, if adopted, would not have a                         (a) * * *                                          a boundary line approximating the 40
                                             significant economic impact on a
                                                                                                        (2) * * *                                          fathoms depth contour off the coast of
                                             substantial number of small entities.
                                                                                                        (ii) Recreational quota for greater                Oregon. Both charter and private vessels
                                             The factual basis for this determination
                                                                                                     amberjack. (A) For the 2017–2018                      are authorized to use midwater long-
                                             was published in the proposed rule and
                                                                                                                                                           leader gear seaward of the 40 fathom
                                             is not repeated here. No comments from                  fishing year—716,173 lb (324,851 kg).
                                                                                                                                                           seasonal depth closure, while being
                                             the public or the SBA’s Chief Counsel                      (B) For the 2018–2019 fishing year—                monitored with the existing Oregon
                                             for Advocacy were received regarding                    902,185 lb (409,224 kg).                              Ocean Recreational Boat Sampling
                                             the certification, and NMFS has not
                                                                                                        (C) For the 2019–2020 fishing year                 (ORBS) program. The use of midwater
                                             received any new information that
                                                                                                     and subsequent fishing years—                         long-leader gear is intended to limit
                                             would affect its determination. As a
                                                                                                     1,086,985 lb (493,048 kg).                            bycatch of overfished and rebuilding
                                             result, a final regulatory flexibility
                                                                                                                                                           rockfish species, such as bottom-
                                             analysis is not required and none has                   *       *    *    *     *
                                                                                                                                                           dwelling yelloweye rockfish, while still
                                             been prepared.
                                                                                                     ■ 5. In § 622.41, revise paragraph                    allowing for the catch of abundant
                                             List of Subjects in 50 CFR Part 622                     (a)(2)(iii) to read as follows:                       midwater species such as yellowtail and
                                              Fisheries, Fishing, Greater amberjack,                                                                       widow rockfish. The season will occur
                                                                                                     § 622.41 Annual catch limits (ACLs),                  between April and September, months
                                             Gulf, Recreational, Reef fish.                          annual catch targets (ACTs), and                      currently subject to depth restrictions.
                                               Dated: March 23, 2018.                                accountability measures (AMs).
                                                                                                                                                           DATES: Effective April 1, 2018.
                                             Samuel D. Rauch III,                                       (a) * * *                                          FOR FURTHER INFORMATION CONTACT:
                                             Deputy Assistant Administrator for                                                                            Christopher Biegel, phone: 503–231–
                                             Regulatory Programs, National Marine                       (2) * * *
                                                                                                                                                           6291, fax: 503–872–2737, or email:
                                             Fisheries Service.                                         (iii) The applicable recreational ACL
                                                                                                                                                           Christopher.biegel@noaa.gov.
                                               For the reasons set out in the                        for greater amberjack, in round weight,
                                                                                                                                                           SUPPLEMENTARY INFORMATION:
                                             preamble, 50 CFR part 622 is amended                    is 862,860 lb (391,387 kg) for the 2017–
                                             as follows:                                             2018 fishing year, 1,086,970 lb (493,041              Electronic Access
                                                                                                     kg) for the 2018–2019 fishing year, and                  This final rule is accessible via the
                                             PART 622—FISHERIES OF THE                               1,309,620 lb (594,034 kg) for 2019–2020               internet at the Office of the Federal
                                             CARIBBEAN, GULF OF MEXICO, AND                          fishing year and subsequent fishing                   Register website at http://
                                             SOUTH ATLANTIC                                          years.                                                www.federalregister.gov. Background
                                             ■ 1. The authority citation for part 622                *       *    *    *     *                             information and documents are
                                             continues to read as follows:                           [FR Doc. 2018–06317 Filed 3–28–18; 8:45 am]           available at the NMFS West Coast
                                                                                                     BILLING CODE 3510–22–P                                Region website at http://
                                                 Authority: 16 U.S.C. 1801 et seq.                                                                         www.westcoast.fisheries.noaa.gov/
                                             ■ 2. In § 622.7, add paragraph (h) to read                                                                    fisheries/groundfish/index.html and at
                                             as follows:                                                                                                   the Pacific Fishery Management
                                                                                                                                                           Council’s website at http://
rmajette on DSKBCKNHB2PROD with RULES




                                             § 622.7    Fishing years.                                                                                     www.pcouncil.org.
                                             *      *    *    *     *
                                                (h) Gulf of Mexico greater amberjack                                                                       Background
                                             recreational sector—August 1 through                                                                            Since 2004, NMFS has restricted
                                             July 31. (Note: The fishing year for the                                                                      Oregon recreational groundfish fisheries
                                             commercial sector for greater amberjack                                                                       to shallow depths (<20–40 fm) during
                                             is January 1 through December 31).                                                                            peak effort to reduce interactions with


                                        VerDate Sep<11>2014   15:09 Mar 28, 2018   Jkt 244001   PO 00000   Frm 00054   Fmt 4700   Sfmt 4700   E:\FR\FM\29MRR1.SGM   29MRR1



Document Created: 2018-03-29 00:26:16
Document Modified: 2018-03-29 00:26:16
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 April 30, 2018.
ContactKelli O'Donnell, NMFS SERO, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 13426 
RIN Number0648-BH32
CFR AssociatedFisheries; Fishing; Greater Amberjack; Gulf; Recreational and Reef Fish

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR