83_FR_62788 83 FR 62555 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and Hogfish Management Measures

83 FR 62555 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and Hogfish Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62555-62559
FR Document2018-26196

NMFS proposes to implement management measures described in two framework actions to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of Mexico Fishery Management Council (Council). The framework actions are titled ``Modify the Annual Catch Limit (ACL) for the Gulf Red Snapper and Hogfish Stocks'' (ACL Framework Action) and ``Modify the Red Snapper Recreational Annual Catch Targets (ACT)'' (ACT Framework Action). This proposed rule would modify Gulf red snapper commercial and recreational ACLs (quotas) and ACTs, as well as the Gulf hogfish (West Florida stock) stock ACL, as a result of recent stock assessments for each species. Additionally, this proposed rule would reduce the Federal charter vessel/headboat (for-hire) component's red snapper ACT buffer to a level that would allow a greater harvest in 2019 while continuing to constrain landings to the component and total recreational ACLs. The purposes of this proposed rule are to respond to updated stock assessment information, maximize socio-economic opportunities for red snapper in the Federal for-hire component, and to continue to achieve optimum yield (OY) for each stock.

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Proposed Rules]
[Pages 62555-62559]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26196]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180724688-8688-01]
RIN 0648-BI39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and 
Hogfish Management Measures

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to implement management measures described in 
two framework actions to the Fishery Management Plan (FMP) for the Reef 
Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). The framework actions are 
titled ``Modify the Annual Catch Limit (ACL) for the Gulf Red Snapper 
and Hogfish Stocks'' (ACL Framework Action) and ``Modify the Red 
Snapper Recreational Annual Catch Targets (ACT)'' (ACT Framework 
Action). This proposed rule would modify Gulf red snapper commercial 
and recreational ACLs (quotas) and ACTs, as well as the Gulf hogfish 
(West Florida stock) stock ACL, as a result of recent stock assessments 
for each species. Additionally, this proposed rule would reduce the 
Federal charter vessel/headboat (for-hire) component's red snapper ACT 
buffer to a level that would allow a greater harvest in 2019 while 
continuing to constrain landings to the component and total 
recreational ACLs. The purposes of this proposed

[[Page 62556]]

rule are to respond to updated stock assessment information, maximize 
socio-economic opportunities for red snapper in the Federal for-hire 
component, and to continue to achieve optimum yield (OY) for each 
stock.

DATES: Written comments must be received by January 3, 2019.

ADDRESSES: You may submit comments on the proposed rule identified by 
``NOAA-NMFS-2018-0130'' by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0130, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Peter Hood, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the two framework actions, which each 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 https://www.fisheries.noaa.gov/action/framework-action-modification-recreational-red-snapper-annual-catch-target-buffers-0.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The FMP, which includes red snapper and 
hogfish, was prepared by the 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) 
(16 U.S.C. 1801 et seq.).
    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems.
    All weights described in this proposed rule are in round (whole) 
weight.

Background

Red Snapper

    The current red snapper stock ACL is equal to the acceptable 
biological catch (ABC) of 13.74 million lb (6.23 million kg); 51 
percent is allocated to the commercial sector and 49 percent to the 
recreational sector. The recreational sector's ACL is further divided 
into the private angling component (57.7 percent) and Federal for-hire 
component (42.3 percent). In addition, recreational ACTs are in place 
for the recreational sector and its respective components. These 
component ACLs and ACTs were implemented in 2015 and are currently set 
to expire in 2022 (81 FR 86971, December 2, 2016).
    The regulations require NMFS to project the component fishing 
seasons based on the respective ACTs, which are set 20 percent below 
the ACLs. The ACTs were implemented to reduce the likelihood of 
exceeding the private angling or Federal for-hire component ACLs, as 
well as the total recreational ACL. The commercial sector does not have 
an ACT because it is managed under an individual fishing quota program 
that effectively constrains landings to the commercial ACL.
    As set through a framework action in 2017, the current red snapper 
sector ACLs are 7.007 million lb (3.178 million kg) for the commercial 
sector and 6.733 million lb (3.054 million kg) for the recreational 
sector (82 FR 26376, June 7, 2017). The current recreational component 
ACLs are 2.848 million lb (1.292 million kg) for the for-hire component 
and 3.885 million lb (1.762 million kg) for the private angling 
component.
    The current red snapper recreational ACT is 5.386 million lb (2.443 
million kg). The Federal for-hire component ACT is 2.278 million lb 
(1.033 million kg) and the private angling component ACT is 3.108 
million lb (1.410 million kg). As noted above, the component ACLs and 
ACTs are effective through 2022, after which sector separation ends and 
the recreational sector will be managed through a recreational ACL and 
an ACT, but no component ACLs or ACTs.
    The Southeast Data, Assessment, and Review (SEDAR) 52 stock 
assessment for Gulf red snapper was completed in 2018 and was reviewed 
by the Council's Scientific and Statistical Committee (SSC) in May 
2018. The assessment indicated the Gulf red snapper stock is not 
overfished or undergoing overfishing, and is still rebuilding 
consistent with the plan to rebuild the stock by 2032. The SSC 
determined that the stock assessment represented the best scientific 
information available, acknowledged the red snapper ABC could be 
increased, and recommended two different ABC options to the Council: A 
declining yield stream and a constant catch scenario. The Council 
decided to use the constant catch recommendation and set the ABC at 
15.1 million lb (6.85 million kg).
    Because the Federal for-hire component has not exceeded its 
applicable ACL or ACT, the ACT Framework Action was developed to reduce 
the buffer between the Federal for-hire component ACT and ACL. The 
Council did not consider decreasing the private angling component ACT 
buffer because this component exceeded its ACL in 2 of the past 3 
years. Application of the Council's ACL/ACT Control Rule resulted in a 
suggested buffer of 9 percent for the Federal for-hire component. The 
ACL/ACT Control Rule is used to determine a buffer based on factors 
such as recent harvest overages, the percent standard error in Federal 
for-hire landing estimates, stock status, and whether in-season 
accountability measures are used. The Council decided to change the 
Federal for-hire component ACT for the 2019 fishing year to reflect 
this reduced buffer. The reduction in the Federal for-hire component's 
ACL/ACT buffer would be effective only for 2019 to coincide with the 
second year of temporary changes to the management of the private 
angling component. All five Gulf states received exempted fishing 
permits (EFPs) from NMFS for the 2018 and 2019 fishing years to allow 
them to test limited state management of the private angling component. 
Each state was allocated a percentage of the private angling ACL and 
each state determined whether to manage a reduced portion of its ACL to 
account for management uncertainty. Therefore, the Council determined 
that the reduction in the Federal for-hire component ACT buffer should 
be limited to 2019. If state management of the private angling 
component is

[[Page 62557]]

extended through an amendment to the FMP, the Council could consider 
retaining the 9 percent buffer for the Federal for-hire component.

Hogfish

    The West Florida stock of hogfish is contained completely within 
the jurisdiction of the Council and includes hogfish in the Gulf 
exclusive economic zone (EEZ) except south of 25[deg]09' N lat. off the 
west coast of Florida. As implemented through Amendment 43 to the FMP, 
the West Florida stock ACL is 159,300 lb (72,257 kg) for the 2019 and 
subsequent fishing years (82 FR 34574, July 25, 2017). There is no ACT 
designated for West Florida hogfish.
    The SEDAR 37 Update assessment for the West Florida hogfish stock 
was completed in 2018. The assessment indicated the West Florida stock 
is not overfished or undergoing overfishing. The Council's SSC reviewed 
the assessment in May 2018, determined that the stock assessment 
represented the best scientific information available, and provided 
overfishing limit (OFL) and ABC recommendations based on an increasing 
yield stream. As a result of uncertainties in the update assessment, 
the SSC did not provide OFL and ABC recommendations beyond 2021. West 
Florida hogfish has a stock ACL that is equal to the ABC.

Management Measures Contained in This Proposed Rule

    For red snapper, this proposed rule would revise the commercial and 
recreational sector ACLs and ACTs. For the 2019 fishing year, the for-
hire component ACT would be set 9 percent below the component ACL. For 
hogfish, this proposed rule would revise the stock ACL for the West 
Florida stock.

Red Snapper ACLs, ACTs, and For-Hire Component ACT Buffer

    Through this proposed rule, and as a result of the SEDAR 52 stock 
assessment and the recommendations of the Council's SSC, the ACL 
Framework Action would increase the total red snapper ACL from 13.74 
million lb (6.23 million kg) to 15.1 million lb (6.85 million kg). 
Using the current sector allocation ratios the resulting ACLs would be 
7.701 million lb (3.493 million kg) for the commercial sector, 7.399 
million lb (3.356 million kg) for the recreational sector, 3.130 
million lb (1.420 million kg) for the Federal for-hire component, and 
4.269 million lb (1.936 million kg) for the private angling component.
    As described in the ACT Framework Action, this proposed rule would 
temporarily reduce the Federal for-hire component ACL/ACT buffer from 
20 percent to 9 percent in 2019, which in turn would increase the 
Federal for-hire component ACT. This would consequently increase the 
recreational ACT as it is the sum of the Federal for-hire and private 
angling component's ACTs.
    As a result of the increased red snapper ACLs and ACTs through the 
ACL Framework Action and the increased recreational and Federal for-
hire component ACTs through the ACT Framework Action, for the 2019 
fishing year, the recreational ACT would be 6.263 million lb (2.841 
million kg) and the Federal for-hire component ACT would be 2.848 
million lb (1.292 million kg). For 2020 and subsequent fishing years, 
the recreational ACT would be 5.919 million lb (2.830 million kg) and 
the Federal for-hire component ACT would be 2.504 million lb (1.136 
million kg) for the 2020 through 2022 fishing years. The private 
angling component ACT would be 3.415 million lb (1.549 million kg) for 
the 2019 through 2022 fishing years. Therefore, the component ACTs in 
this proposed rule reflect a 9 percent buffer applied to the Federal 
for-hire component and a 20 percent buffer applied to the private 
angling component for 2019, and a 20 percent buffer applied to both for 
2020 through 2022.

Hogfish Stock ACL

    The ACL Framework Action would set the hogfish stock ACLs equal to 
the Council's SSC recommended ABCs of 129,500 lb (58,740 kg) for 2019, 
141,300 lb (64,093 kg) for 2020, and 150,400 lb (68,220 kg) for 2021. 
Additionally, the ACL (and ABC) proposed for 2021 would be in effect 
for the 2021 and subsequent fishing years. Although the proposed ACLs 
for 2019 through 2021 and beyond are less than the current stock ACL, 
landings in recent years have not exceeded the current ACL (e.g., less 
than 50 percent of the stock ACL in 2017). Landings are also expected 
to be constrained to the stock ACL by an increase in the minimum size 
limit from 12 to 14 inches (30.5 to 35.6 cm), fork length, implemented 
in 2017. This measure is expected to reduce the directed harvest of 
hogfish.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the framework actions, the FMP, the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule is not an 
Executive Order 13771 regulatory action because this rule is not 
significant under Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination follows.
    A description of the proposed rule, why it is being considered, and 
the objectives of, and legal basis for this proposed rule are contained 
in the preamble of this rule at the beginning of the SUPPLEMENTARY 
INFORMATION section and in the SUMMARY section. 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 proposed rule. Accordingly, the 
requirements of the Paperwork Reduction Act do not apply to this 
proposed rule.
    This proposed rule would directly apply to recreational fishers 
(anglers) and indirectly to for-hire fishing businesses (NAICS code 
487210) that harvest red snapper and/or West Florida hogfish in Federal 
waters of the Gulf. Anglers are not considered small entities as that 
term is defined in 5 U.S.C. 601(6), whether fishing from for-hire 
fishing, private or leased vessels. Therefore, estimates of the number 
of anglers directly affected by the rule and the impacts on them are 
not provided here. For-hire fishing businesses that harvest red snapper 
and/or hogfish in Federal waters would be indirectly affected if the 
rule were to cause changes in angler demand for their services. The RFA 
does not consider such indirect impacts on small entities.
    This proposed rule would directly affect commercial fishing 
businesses (NAICS code 11411) that harvest red snapper and/or hogfish 
in the Gulf. First, it would increase the commercial ACL for red 
snapper, and second, it would decrease the commercial ACL for hogfish.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
involved in commercial fishing (NAICS 11411) is

[[Page 62558]]

classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and its combined annual receipts are not in excess of $11 
million for all of its affiliated operations worldwide.
    The best economic data available related to the commercial harvest 
of red snapper is available through 2016. From 2012 through 2016, an 
annual average of 409 vessels landed at least 1 lb (0.45 kg) of red 
snapper in the Gulf. On average, these vessels combined generated total 
revenues of approximately $60.37 million, of which $24.96 million were 
from red snapper and $35.41 million from other species. The average 
annual revenue per vessel was approximately $148,000. Red snapper 
accounted for about 41 percent of these vessels' total revenues. Net 
revenues from fishing operations of these vessels were approximately 36 
percent of total revenues.
    The best economic data available related to the commercial harvest 
of hogfish is available through 2017. From 2012 through 2017, an annual 
average of 61 vessels landed at least 1 lb (0.45 kg) of West Florida 
hogfish. The average annual total revenue was approximately $0.12 
million from hogfish, approximately $0.51 million from other species 
co-harvested with hogfish (on the same trips), and approximately $1.66 
million from trips in the Gulf on which no hogfish were harvested or 
occurred in the South Atlantic. The average total annual revenue from 
all species harvested by vessels that harvest hogfish in the Gulf was 
approximately $2.29 million, or approximately $37,000 per vessel. 
Hogfish accounted for about 5 percent of these vessels' total revenues.
    Based on annual revenue information, all of the commercial fishing 
businesses with the 409 vessels that annually harvest red snapper and 
those with the 61 vessels that land West Florida hogfish from the Gulf 
are small entities.
    Because all entities expected to be directly affected by this 
proposed rule are small entities, NMFS has determined that this 
proposed rule would affect a substantial number of small entities; 
however, the issue of disproportionate effects on small versus large 
entities does not arise in the present case.
    Since 2007, the commercial sector's harvest of red snapper has 
operated under an individual fishing quota (RS-IFQ) program. The RS-IFQ 
program uses shares and allocations to distribute and account for the 
commercial fishing quota. The proposed rule would increase the quota, 
which would increase dockside revenue from red snapper. Total dockside 
revenue for all vessels combined would increase by $4.462 million in 
2019, $4.170 million in 2020, and $3.897 in 2021. For the 409 vessels, 
total revenue per vessel would increase by $10,909 in 2019, $10,195 in 
2020, and $9,528 in 2021. The total value of all IFQ shares and all 
allocation for 2019 through 2021 would also increase.
    The reduction of the West Florida hogfish ACL would reduce dockside 
revenue by $27,387 (2017 dollars) in 2019, by $16,543 in 2020, and 
$8,179 annually thereafter. The average annual revenue loss per vessel 
for the 61 vessels that land hogfish would be $449 in 2019, $271 in 
2020 and $134 annually thereafter. Those revenue losses represent 1.12 
percent, 0.72 percent and 0.36 percent of average annual revenue of the 
61 vessels that land West Florida hogfish. The 61 vessels represent 
approximately 7 percent of the average 877 vessels permitted to harvest 
Gulf reef fish annually.
    The information provided above supports a determination that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. Because this proposed rule, if 
implemented, is not expected to have a significant economic impact on 
any small entities, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Hogfish, Gulf, Recreational, Red 
snapper.

    Dated: November 28, 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 
proposed to be amended as follows:

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

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

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

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


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper--7.701 million lb (3.493 
million kg), round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--(A) Total recreational. The 
total recreational quota, is 7.399 million lb (3.356 million kg), round 
weight.
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. This component quota is 
effective through the 2022 fishing year. For the 2023 and subsequent 
fishing years, the applicable total recreational quota, specified in 
paragraph (a)(2)(i)(A) of this section, will apply to the recreational 
sector. The Federal charter vessel/headboat component quota is 3.130 
million lb (1.420 million kg), round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component quota is effective 
through the 2022 fishing year. For the 2023 and subsequent fishing 
years, the applicable total recreational quota, specified in paragraph 
(a)(2)(i)(A) of this section, will apply to the recreational sector. 
The private angling component quota is 4.269 million lb (1.936 million 
kg), round weight.
* * * * *
0
3. In Sec.  622.41, revise paragraphs (p) and (q)(2)(iii) to read as 
follows:


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

* * * * *
    (p) Hogfish in the Gulf EEZ except south of 25[deg]09' N lat. off 
the west coast of Florida. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock ACL, 
then during the following fishing year, if the sum of commercial and 
recreational landings reaches or is projected to reach the stock ACL, 
the AA will file a notification with the Office of the Federal Register 
to close the commercial and recreational sectors for the remainder of 
that fishing year. The stock ACL for hogfish, in round weight, in the 
Gulf EEZ except south of 25[deg]09' N lat. off the west coast of 
Florida, is 129,500 lb (58,740 kg), for the 2019 fishing year, 141,300 
lb (64,093 kg), for the 2020 fishing year, and 150,400 lb (68,220 kg) 
for the 2021 fishing year and subsequent fishing years. See Sec.  
622.193(u)(2) for the

[[Page 62559]]

ACLs, ACT, and AMs for hogfish in the Gulf EEZ south of 25[deg]09' N 
lat. off the west coast of Florida.
    (q) * * *
    (2) * * *
    (iii) Recreational ACT for red snapper--(A) Total recreational ACT. 
For the 2019 fishing year, the total recreational ACT is 6.263 million 
lb (2.841 million kg), round weight. For the 2020 and subsequent 
fishing years, the total recreational ACT is 5.919 million lb (2.830 
million kg), round weight.
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component ACT is effective 
through the 2022 fishing year. For the 2019 fishing year, the component 
ACT is 2.848 million lb (1.292 million kg), round weight. For the 2020, 
2021, and 2022 fishing years, the component ACT is 2.504 million lb 
(1.136 million lb), round weight. For the 2023 and subsequent fishing 
years, the applicable total recreational ACT, specified in paragraph 
(q)(2)(iii)(A) of this section, will apply to the recreational sector.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective through 
the 2022 fishing year. The component ACT is 3.415 million lb (1.549 
million kg), round weight. For the 2023 and subsequent fishing years, 
the applicable total recreational ACT, specified in paragraph 
(q)(2)(iii)(A) of this section, will apply to the recreational sector.

[FR Doc. 2018-26196 Filed 12-3-18; 8:45 am]
 BILLING CODE 3510-22-P



                           Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules                                                62555

     IV. Executive Orders 12866 and 13563                    engineer services valued at more than                 219.502–1 Requirements for setting aside
                                                             the prior threshold of $400,000 and less              acquisitions.
        Executive Orders (E.O.s) 12866 and
     13563 direct agencies to assess all costs               than the new threshold of $1,000,000.                    Do not set aside acquisitions for
     and benefits of available regulatory                    This rule proposes to require future                  supplies which were developed and
     alternatives and, if regulation is                      contracts in this range to be awarded                 financed, in whole or in part, by
     necessary, to select regulatory                         pursuant to FAR part 19 set-aside                     Canadian sources under the U.S.-
     approaches that maximize net benefits                   procedures. DoD also awarded 290                      Canadian Defense Development Sharing
     (including potential economic,                          contracts for architect-engineer services             Program.
     environmental, public health and safety                 valued at more than $1,000,000. This
                                                             rule proposes to make it possible for                 219.502–2    [Amended]
     effects, distributive impacts, and                                                                            ■ 3. Amend section 219.502–2, in
     equity). E.O. 13563 emphasizes the                      future contracts at those dollar values to
                                                             be awarded pursuant to part 19 set-aside              paragraph (a)(iii), by removing ‘‘of
     importance of quantifying both costs                                                                          under $400,000’’ and adding ‘‘under
     and benefits, of reducing costs, of                     procedures. There are more than 33,000
                                                             small entities listed in the Small                    $1,000,000’’ in its place.
     harmonizing rules, and of promoting
     flexibility. This is not a significant                  Business Administration’s Dynamic                     [FR Doc. 2018–26308 Filed 12–3–18; 8:45 am]
     regulatory action and, therefore, was not               Small Business Search that provide                    BILLING CODE 5001–06–P

     subject to review under section 6(b) of                 architect-engineer services. Of these
     E.O. 12866, Regulatory Planning and                     entities, approximately 300 could
     Review, dated September 30, 1993. This                  benefit from this rule.                               DEPARTMENT OF COMMERCE
     rule is not a major rule under 5 U.S.C.                   This rule does not impose any new
     804.                                                    reporting, recordkeeping, or other                    National Oceanic and Atmospheric
                                                             compliance requirements for small                     Administration
     V. Executive Order 13771                                entities.
       This proposed rule is not expected to                   This rule does not duplicate, overlap,              50 CFR Part 622
     be an E.O. 13771 regulatory action,                     or conflict with any other Federal rules.             [Docket No. 180724688–8688–01]
     because this rule is not significant under                There are no known alternatives that                RIN 0648–BI39
     E.O. 12866.                                             would meet the requirements of the
     VI. Regulatory Flexibility Act                          applicable statute.                                   Fisheries of the Caribbean, Gulf of
                                                               DoD invites comments from small                     Mexico, and South Atlantic; Reef Fish
        DoD does not expect this proposed                    business concerns and other interested                Fishery of the Gulf of Mexico;
     rule to have a significant economic                     parties on the expected impact of this                Revisions to Red Snapper and Hogfish
     impact on a substantial number of small                 rule on small entities. DoD will also                 Management Measures
     entities within the meaning of the                      consider comments from small entities
     Regulatory Flexibility Act, 5 U.S.C. 601,               concerning the existing regulations in                AGENCY:  National Marine Fisheries
     et seq., because the rule impacts a small               subparts affected by this rule in                     Service (NMFS), National Oceanic and
     number of small entities. However, an                   accordance with 5 U.S.C. 610. Interested              Atmospheric Administration (NOAA),
     initial regulatory flexibility analysis has             parties must submit such comments                     Commerce.
     been performed and is summarized as                     separately and should cite 5 U.S.C 610                ACTION: Proposed rule; request for
     follows:                                                (DFARS Case 2018–D057), in                            comments.
        DoD is proposing to revise the DFARS                 correspondence.
     to implement section 2804 of the                                                                              SUMMARY:   NMFS proposes to implement
     National Defense Authorization Act                      VII. Paperwork Reduction Act                          management measures described in two
     (NDAA) for Fiscal Year (FY) 2019 (Pub.                    The rule does not contain any                       framework actions to the Fishery
     L. 115–232), which amends the                           information collection requirements that              Management Plan (FMP) for the Reef
     thresholds at 10 U.S.C. 2855 for small                  require the approval of the Office of                 Fish Resources of the Gulf of Mexico
     business set-asides of acquisitions for                 Management and Budget under the                       (Gulf), as prepared by the Gulf of
     architect-engineer services, including                  Paperwork Reduction Act (44 U.S.C.                    Mexico Fishery Management Council
     construction design, in connection with                 chapter 35).                                          (Council). The framework actions are
     military construction projects or                                                                             titled ‘‘Modify the Annual Catch Limit
     military family housing projects.                       List of Subjects in 48 CFR Part 219                   (ACL) for the Gulf Red Snapper and
        The objective of this rule is to                                                                           Hogfish Stocks’’ (ACL Framework
                                                                 Government procurement.
     implement statutory changes to 10                                                                             Action) and ‘‘Modify the Red Snapper
     U.S.C. 2855 by removing the restriction                 Jennifer Lee Hawes,                                   Recreational Annual Catch Targets
     on small business set-asides for these                  Regulatory Control Officer, Defense                   (ACT)’’ (ACT Framework Action). This
     acquisitions and increasing the                         Acquisition Regulations System.                       proposed rule would modify Gulf red
     threshold for small business set-aside to                                                                     snapper commercial and recreational
                                                               Therefore, 48 CFR part 219 is
     $1,000,000. The legal basis for the rule                                                                      ACLs (quotas) and ACTs, as well as the
                                                             proposed to be amended as follows:
     is section 2804 of the NDAA for FY                                                                            Gulf hogfish (West Florida stock) stock
     2019.                                                   PART 219—SMALL BUSINESS                               ACL, as a result of recent stock
        The rule applies to contract awards                  PROGRAMS                                              assessments for each species.
     for architect-engineer services,                                                                              Additionally, this proposed rule would
     including construction design. Data                     ■ 1. The authority citation for 48 CFR                reduce the Federal charter vessel/
     from the Federal Procurement Data                       part 219 continues to read as follows:                headboat (for-hire) component’s red
     System shows that, during FY 2017,                                                                            snapper ACT buffer to a level that
                                                               Authority: 41 U.S.C. 1303 and 48 CFR
     DoD awarded 232 contracts for                                                                                 would allow a greater harvest in 2019
                                                             chapter 1.
     architect-engineer services to 187                                                                            while continuing to constrain landings
     unique small entities. In FY 2017, DoD                  ■ 2. Revise section 219.502–1 to read as              to the component and total recreational
     awarded 41 contracts for architect-                     follows:                                              ACLs. The purposes of this proposed


VerDate Sep<11>2014   16:41 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00040   Fmt 4702   Sfmt 4702   E:\FR\FM\04DEP1.SGM   04DEP1


     62556                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules

     rule are to respond to updated stock                       The Magnuson-Stevens Act requires                  and the recreational sector will be
     assessment information, maximize                        NMFS and regional fishery management                  managed through a recreational ACL
     socio-economic opportunities for red                    councils to prevent overfishing and                   and an ACT, but no component ACLs or
     snapper in the Federal for-hire                         achieve, on a continuing basis, the OY                ACTs.
     component, and to continue to achieve                   from federally managed fish stocks.                      The Southeast Data, Assessment, and
     optimum yield (OY) for each stock.                      These mandates are intended to ensure                 Review (SEDAR) 52 stock assessment
     DATES: Written comments must be                         fishery resources are managed for the                 for Gulf red snapper was completed in
     received by January 3, 2019.                            greatest overall benefit to the nation,               2018 and was reviewed by the Council’s
                                                             particularly with respect to providing                Scientific and Statistical Committee
     ADDRESSES: You may submit comments                                                                            (SSC) in May 2018. The assessment
                                                             food production and recreational
     on the proposed rule identified by                                                                            indicated the Gulf red snapper stock is
                                                             opportunities, and protecting marine
     ‘‘NOAA–NMFS–2018–0130’’ by either                                                                             not overfished or undergoing
                                                             ecosystems.
     of the following methods:                                                                                     overfishing, and is still rebuilding
                                                                All weights described in this
        • Electronic Submission: Submit all                  proposed rule are in round (whole)                    consistent with the plan to rebuild the
     electronic public comments via the                      weight.                                               stock by 2032. The SSC determined that
     Federal e-Rulemaking Portal. Go to                                                                            the stock assessment represented the
     www.regulations.gov/                                    Background                                            best scientific information available,
     #!docketDetail;D=NOAA-NMFS-2018-                        Red Snapper                                           acknowledged the red snapper ABC
     0130, click the ‘‘Comment Now!’’ icon,                                                                        could be increased, and recommended
     complete the required fields, and enter                    The current red snapper stock ACL is               two different ABC options to the
     or attach your comments.                                equal to the acceptable biological catch              Council: A declining yield stream and a
        • Mail: Submit all written comments                  (ABC) of 13.74 million lb (6.23 million               constant catch scenario. The Council
     to Peter Hood, NMFS Southeast                           kg); 51 percent is allocated to the                   decided to use the constant catch
     Regional Office, 263 13th Avenue                        commercial sector and 49 percent to the               recommendation and set the ABC at
     South, St. Petersburg, FL 33701.                        recreational sector. The recreational                 15.1 million lb (6.85 million kg).
        Instructions: Comments sent by any                   sector’s ACL is further divided into the                 Because the Federal for-hire
     other method, to any other address or                   private angling component (57.7                       component has not exceeded its
     individual, or received after the end of                percent) and Federal for-hire component               applicable ACL or ACT, the ACT
     the comment period, may not be                          (42.3 percent). In addition, recreational             Framework Action was developed to
     considered by NMFS. All comments                        ACTs are in place for the recreational                reduce the buffer between the Federal
     received are a part of the public record                sector and its respective components.                 for-hire component ACT and ACL. The
     and will generally be posted for public                 These component ACLs and ACTs were                    Council did not consider decreasing the
     viewing on www.regulations.gov                          implemented in 2015 and are currently                 private angling component ACT buffer
     without change. All personal identifying                set to expire in 2022 (81 FR 86971,                   because this component exceeded its
     information (e.g., name, address, etc.),                December 2, 2016).                                    ACL in 2 of the past 3 years.
     confidential business information, or                      The regulations require NMFS to                    Application of the Council’s ACL/ACT
     otherwise sensitive information                         project the component fishing seasons                 Control Rule resulted in a suggested
     submitted voluntarily by the sender will                based on the respective ACTs, which are               buffer of 9 percent for the Federal for-
     be publicly accessible. NMFS will                       set 20 percent below the ACLs. The                    hire component. The ACL/ACT Control
     accept anonymous comments (enter                        ACTs were implemented to reduce the                   Rule is used to determine a buffer based
     ‘‘N/A’’ in the required fields if you wish              likelihood of exceeding the private                   on factors such as recent harvest
     to remain anonymous).                                   angling or Federal for-hire component                 overages, the percent standard error in
        Electronic copies of the two                         ACLs, as well as the total recreational               Federal for-hire landing estimates, stock
     framework actions, which each includes                  ACL. The commercial sector does not                   status, and whether in-season
     an environmental assessment, a                          have an ACT because it is managed                     accountability measures are used. The
     regulatory impact review, and a                         under an individual fishing quota                     Council decided to change the Federal
     Regulatory Flexibility Act (RFA)                        program that effectively constrains                   for-hire component ACT for the 2019
     analysis may be obtained from the                       landings to the commercial ACL.                       fishing year to reflect this reduced
                                                                As set through a framework action in               buffer. The reduction in the Federal for-
     Southeast Regional Office website at
                                                             2017, the current red snapper sector                  hire component’s ACL/ACT buffer
     https://www.fisheries.noaa.gov/action/
                                                             ACLs are 7.007 million lb (3.178 million              would be effective only for 2019 to
     framework-action-modification-
                                                             kg) for the commercial sector and 6.733               coincide with the second year of
     recreational-red-snapper-annual-catch-
                                                             million lb (3.054 million kg) for the                 temporary changes to the management
     target-buffers-0.
                                                             recreational sector (82 FR 26376, June 7,             of the private angling component. All
     FOR FURTHER INFORMATION CONTACT:                        2017). The current recreational                       five Gulf states received exempted
     Peter Hood, NMFS Southeast Regional                     component ACLs are 2.848 million lb                   fishing permits (EFPs) from NMFS for
     Office, telephone: 727–824–5305, email:                 (1.292 million kg) for the for-hire                   the 2018 and 2019 fishing years to allow
     peter.hood@noaa.gov.                                    component and 3.885 million lb (1.762                 them to test limited state management of
     SUPPLEMENTARY INFORMATION: NMFS and                     million kg) for the private angling                   the private angling component. Each
     the Council manage the Gulf reef fish                   component.                                            state was allocated a percentage of the
     fishery under the FMP. The FMP, which                      The current red snapper recreational               private angling ACL and each state
     includes red snapper and hogfish, was                   ACT is 5.386 million lb (2.443 million                determined whether to manage a
     prepared by the Council and is                          kg). The Federal for-hire component                   reduced portion of its ACL to account
     implemented by NMFS through                             ACT is 2.278 million lb (1.033 million                for management uncertainty. Therefore,
     regulations at 50 CFR part 622 under the                kg) and the private angling component                 the Council determined that the
     authority of the Magnuson-Stevens                       ACT is 3.108 million lb (1.410 million                reduction in the Federal for-hire
     Fishery Conservation and Management                     kg). As noted above, the component                    component ACT buffer should be
     Act (Magnuson-Stevens Act) (16 U.S.C.                   ACLs and ACTs are effective through                   limited to 2019. If state management of
     1801 et seq.).                                          2022, after which sector separation ends              the private angling component is


VerDate Sep<11>2014   16:41 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00041   Fmt 4702   Sfmt 4702   E:\FR\FM\04DEP1.SGM   04DEP1


                           Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules                                         62557

     extended through an amendment to the                    component ACL/ACT buffer from 20                         This proposed rule has been
     FMP, the Council could consider                         percent to 9 percent in 2019, which in                determined to be not significant for
     retaining the 9 percent buffer for the                  turn would increase the Federal for-hire              purposes of Executive Order 12866.
     Federal for-hire component.                             component ACT. This would                             This proposed rule is not an Executive
                                                             consequently increase the recreational                Order 13771 regulatory action because
     Hogfish
                                                             ACT as it is the sum of the Federal for-              this rule is not significant under
       The West Florida stock of hogfish is                  hire and private angling component’s                  Executive Order 12866.
     contained completely within the                         ACTs.                                                    The Chief Counsel for Regulation of
     jurisdiction of the Council and includes                   As a result of the increased red                   the Department of Commerce certified
     hogfish in the Gulf exclusive economic                  snapper ACLs and ACTs through the                     to the Chief Counsel for Advocacy of the
     zone (EEZ) except south of 25°09′ N lat.                ACL Framework Action and the                          Small Business Administration (SBA)
     off the west coast of Florida. As                       increased recreational and Federal for-               that this proposed rule, if adopted,
     implemented through Amendment 43 to                     hire component ACTs through the ACT                   would not have a significant economic
     the FMP, the West Florida stock ACL is                  Framework Action, for the 2019 fishing                impact on a substantial number of small
     159,300 lb (72,257 kg) for the 2019 and                 year, the recreational ACT would be                   entities. The factual basis for this
     subsequent fishing years (82 FR 34574,                  6.263 million lb (2.841 million kg) and               determination follows.
     July 25, 2017). There is no ACT                         the Federal for-hire component ACT                       A description of the proposed rule,
     designated for West Florida hogfish.                                                                          why it is being considered, and the
                                                             would be 2.848 million lb (1.292 million
       The SEDAR 37 Update assessment for                                                                          objectives of, and legal basis for this
                                                             kg). For 2020 and subsequent fishing
     the West Florida hogfish stock was                                                                            proposed rule are contained in the
                                                             years, the recreational ACT would be
     completed in 2018. The assessment                                                                             preamble of this rule at the beginning of
                                                             5.919 million lb (2.830 million kg) and
     indicated the West Florida stock is not                                                                       the SUPPLEMENTARY INFORMATION section
                                                             the Federal for-hire component ACT
     overfished or undergoing overfishing.                                                                         and in the SUMMARY section. The
                                                             would be 2.504 million lb (1.136 million
     The Council’s SSC reviewed the                                                                                Magnuson-Stevens Act provides the
                                                             kg) for the 2020 through 2022 fishing
     assessment in May 2018, determined                                                                            statutory basis for this rule. No
                                                             years. The private angling component
     that the stock assessment represented                                                                         duplicative, overlapping, or conflicting
                                                             ACT would be 3.415 million lb (1.549
     the best scientific information available,                                                                    Federal rules have been identified. In
                                                             million kg) for the 2019 through 2022
     and provided overfishing limit (OFL)                                                                          addition, no new reporting, record-
                                                             fishing years. Therefore, the component               keeping, or other compliance
     and ABC recommendations based on an
                                                             ACTs in this proposed rule reflect a 9                requirements are introduced by this
     increasing yield stream. As a result of
                                                             percent buffer applied to the Federal                 proposed rule. Accordingly, the
     uncertainties in the update assessment,
                                                             for-hire component and a 20 percent                   requirements of the Paperwork
     the SSC did not provide OFL and ABC
                                                             buffer applied to the private angling                 Reduction Act do not apply to this
     recommendations beyond 2021. West
                                                             component for 2019, and a 20 percent                  proposed rule.
     Florida hogfish has a stock ACL that is
                                                             buffer applied to both for 2020 through                  This proposed rule would directly
     equal to the ABC.
                                                             2022.                                                 apply to recreational fishers (anglers)
     Management Measures Contained in                                                                              and indirectly to for-hire fishing
                                                             Hogfish Stock ACL
     This Proposed Rule                                                                                            businesses (NAICS code 487210) that
       For red snapper, this proposed rule                     The ACL Framework Action would                      harvest red snapper and/or West Florida
     would revise the commercial and                         set the hogfish stock ACLs equal to the               hogfish in Federal waters of the Gulf.
     recreational sector ACLs and ACTs. For                  Council’s SSC recommended ABCs of                     Anglers are not considered small
     the 2019 fishing year, the for-hire                     129,500 lb (58,740 kg) for 2019, 141,300              entities as that term is defined in 5
     component ACT would be set 9 percent                    lb (64,093 kg) for 2020, and 150,400 lb               U.S.C. 601(6), whether fishing from for-
     below the component ACL. For hogfish,                   (68,220 kg) for 2021. Additionally, the               hire fishing, private or leased vessels.
     this proposed rule would revise the                     ACL (and ABC) proposed for 2021                       Therefore, estimates of the number of
     stock ACL for the West Florida stock.                   would be in effect for the 2021 and                   anglers directly affected by the rule and
                                                             subsequent fishing years. Although the                the impacts on them are not provided
     Red Snapper ACLs, ACTs, and For-Hire                    proposed ACLs for 2019 through 2021                   here. For-hire fishing businesses that
     Component ACT Buffer                                    and beyond are less than the current                  harvest red snapper and/or hogfish in
        Through this proposed rule, and as a                 stock ACL, landings in recent years have              Federal waters would be indirectly
     result of the SEDAR 52 stock assessment                 not exceeded the current ACL (e.g., less              affected if the rule were to cause
     and the recommendations of the                          than 50 percent of the stock ACL in                   changes in angler demand for their
     Council’s SSC, the ACL Framework                        2017). Landings are also expected to be               services. The RFA does not consider
     Action would increase the total red                     constrained to the stock ACL by an                    such indirect impacts on small entities.
     snapper ACL from 13.74 million lb (6.23                 increase in the minimum size limit from                  This proposed rule would directly
     million kg) to 15.1 million lb (6.85                    12 to 14 inches (30.5 to 35.6 cm), fork               affect commercial fishing businesses
     million kg). Using the current sector                   length, implemented in 2017. This                     (NAICS code 11411) that harvest red
     allocation ratios the resulting ACLs                    measure is expected to reduce the                     snapper and/or hogfish in the Gulf.
     would be 7.701 million lb (3.493 million                directed harvest of hogfish.                          First, it would increase the commercial
     kg) for the commercial sector, 7.399                    Classification                                        ACL for red snapper, and second, it
     million lb (3.356 million kg) for the                                                                         would decrease the commercial ACL for
     recreational sector, 3.130 million lb                     Pursuant to section 304(b)(1)(A) of the             hogfish.
     (1.420 million kg) for the Federal for-                 Magnuson-Stevens Act, the NMFS                           For RFA purposes, NMFS has
     hire component, and 4.269 million lb                    Assistant Administrator has determined                established a small business size
     (1.936 million kg) for the private angling              that this proposed rule is consistent                 standard for businesses, including their
     component.                                              with the framework actions, the FMP,                  affiliates, whose primary industry is
        As described in the ACT Framework                    the Magnuson-Stevens Act, and other                   commercial fishing (see 50 CFR 200.2).
     Action, this proposed rule would                        applicable law, subject to further                    A business primarily involved in
     temporarily reduce the Federal for-hire                 consideration after public comment.                   commercial fishing (NAICS 11411) is


VerDate Sep<11>2014   16:41 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00042   Fmt 4702   Sfmt 4702   E:\FR\FM\04DEP1.SGM   04DEP1


     62558                 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules

     classified as a small business if it is                 increase dockside revenue from red                       (i) Commercial quota for red
     independently owned and operated, is                    snapper. Total dockside revenue for all               snapper—7.701 million lb (3.493
     not dominant in its field of operation                  vessels combined would increase by                    million kg), round weight.
     (including its affiliates), and its                     $4.462 million in 2019, $4.170 million                *      *    *      *     *
     combined annual receipts are not in                     in 2020, and $3.897 in 2021. For the 409                 (2) * * *
     excess of $11 million for all of its                    vessels, total revenue per vessel would                  (i) Recreational quota for red
     affiliated operations worldwide.                        increase by $10,909 in 2019, $10,195 in               snapper—(A) Total recreational. The
        The best economic data available                     2020, and $9,528 in 2021. The total                   total recreational quota, is 7.399 million
     related to the commercial harvest of red                value of all IFQ shares and all allocation            lb (3.356 million kg), round weight.
     snapper is available through 2016. From                 for 2019 through 2021 would also                         (B) Federal charter vessel/headboat
     2012 through 2016, an annual average of                 increase.                                             component quota. The Federal charter
     409 vessels landed at least 1 lb (0.45 kg)                 The reduction of the West Florida                  vessel/headboat component quota
     of red snapper in the Gulf. On average,                 hogfish ACL would reduce dockside                     applies to vessels that have been issued
     these vessels combined generated total                  revenue by $27,387 (2017 dollars) in                  a valid Federal charter vessel/headboat
     revenues of approximately $60.37                        2019, by $16,543 in 2020, and $8,179                  permit for Gulf reef fish any time during
     million, of which $24.96 million were                   annually thereafter. The average annual               the fishing year. This component quota
     from red snapper and $35.41 million                     revenue loss per vessel for the 61                    is effective through the 2022 fishing
     from other species. The average annual                  vessels that land hogfish would be $449               year. For the 2023 and subsequent
     revenue per vessel was approximately                    in 2019, $271 in 2020 and $134                        fishing years, the applicable total
     $148,000. Red snapper accounted for                     annually thereafter. Those revenue                    recreational quota, specified in
     about 41 percent of these vessels’ total                losses represent 1.12 percent, 0.72                   paragraph (a)(2)(i)(A) of this section,
     revenues. Net revenues from fishing                     percent and 0.36 percent of average                   will apply to the recreational sector. The
     operations of these vessels were                        annual revenue of the 61 vessels that                 Federal charter vessel/headboat
     approximately 36 percent of total                       land West Florida hogfish. The 61                     component quota is 3.130 million lb
     revenues.                                               vessels represent approximately 7                     (1.420 million kg), round weight.
        The best economic data available                                                                              (C) Private angling component quota.
                                                             percent of the average 877 vessels
     related to the commercial harvest of                                                                          The private angling component quota
                                                             permitted to harvest Gulf reef fish
     hogfish is available through 2017. From                                                                       applies to vessels that fish under the bag
                                                             annually.
     2012 through 2017, an annual average of                                                                       limit and have not been issued a Federal
     61 vessels landed at least 1 lb (0.45 kg)                  The information provided above
                                                                                                                   charter vessel/headboat permit for Gulf
     of West Florida hogfish. The average                    supports a determination that this
                                                                                                                   reef fish any time during the fishing
     annual total revenue was approximately                  proposed rule would not have a
                                                                                                                   year. This component quota is effective
     $0.12 million from hogfish,                             significant economic impact on a
                                                                                                                   through the 2022 fishing year. For the
     approximately $0.51 million from other                  substantial number of small entities.
                                                                                                                   2023 and subsequent fishing years, the
     species co-harvested with hogfish (on                   Because this proposed rule, if
                                                                                                                   applicable total recreational quota,
     the same trips), and approximately                      implemented, is not expected to have a
                                                                                                                   specified in paragraph (a)(2)(i)(A) of this
     $1.66 million from trips in the Gulf on                 significant economic impact on any
                                                                                                                   section, will apply to the recreational
     which no hogfish were harvested or                      small entities, an initial regulatory
                                                                                                                   sector. The private angling component
     occurred in the South Atlantic. The                     flexibility analysis is not required and
                                                                                                                   quota is 4.269 million lb (1.936 million
     average total annual revenue from all                   none has been prepared.
                                                                                                                   kg), round weight.
     species harvested by vessels that harvest               List of Subjects in 50 CFR Part 622                   *      *    *      *     *
     hogfish in the Gulf was approximately                                                                         ■ 3. In § 622.41, revise paragraphs (p)
     $2.29 million, or approximately $37,000                   Commercial, Fisheries, Fishing,
                                                             Hogfish, Gulf, Recreational, Red                      and (q)(2)(iii) to read as follows:
     per vessel. Hogfish accounted for about
     5 percent of these vessels’ total                       snapper.                                              § 622.41 Annual catch limits (ACLs),
     revenues.                                                 Dated: November 28, 2018.                           annual catch targets (ACTs), and
        Based on annual revenue information,                                                                       accountability measures (AMs).
                                                             Samuel D. Rauch III,
     all of the commercial fishing businesses                Deputy Assistant Administrator for                    *      *    *      *    *
     with the 409 vessels that annually                      Regulatory Programs, National Marine                     (p) Hogfish in the Gulf EEZ except
     harvest red snapper and those with the                  Fisheries Service.                                    south of 25°09′ N lat. off the west coast
     61 vessels that land West Florida                                                                             of Florida. If the sum of the commercial
                                                               For the reasons set out in the                      and recreational landings, as estimated
     hogfish from the Gulf are small entities.
                                                             preamble, 50 CFR part 622 is proposed                 by the SRD, exceeds the stock ACL, then
        Because all entities expected to be
                                                             to be amended as follows:                             during the following fishing year, if the
     directly affected by this proposed rule
     are small entities, NMFS has                            PART 622—FISHERIES OF THE                             sum of commercial and recreational
     determined that this proposed rule                      CARIBBEAN, GULF, AND SOUTH                            landings reaches or is projected to reach
     would affect a substantial number of                    ATLANTIC                                              the stock ACL, the AA will file a
     small entities; however, the issue of                                                                         notification with the Office of the
     disproportionate effects on small versus                ■ 1. The authority citation for part 622              Federal Register to close the commercial
     large entities does not arise in the                    continues to read as follows:                         and recreational sectors for the
     present case.                                                                                                 remainder of that fishing year. The stock
                                                                 Authority: 16 U.S.C. 1801 et seq.
        Since 2007, the commercial sector’s                                                                        ACL for hogfish, in round weight, in the
     harvest of red snapper has operated                     ■ 2. In § 622.39, revise paragraphs                   Gulf EEZ except south of 25°09′ N lat.
     under an individual fishing quota (RS–                  (a)(1)(i) and (a)(2)(i) to read as follows:           off the west coast of Florida, is 129,500
     IFQ) program. The RS–IFQ program                                                                              lb (58,740 kg), for the 2019 fishing year,
     uses shares and allocations to distribute               § 622.39    Quotas.                                   141,300 lb (64,093 kg), for the 2020
     and account for the commercial fishing                  *       *    *        *      *                        fishing year, and 150,400 lb (68,220 kg)
     quota. The proposed rule would                              (a) * * *                                         for the 2021 fishing year and subsequent
     increase the quota, which would                             (1) * * *                                         fishing years. See § 622.193(u)(2) for the


VerDate Sep<11>2014   16:41 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00043   Fmt 4702   Sfmt 4702   E:\FR\FM\04DEP1.SGM   04DEP1


                           Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Proposed Rules                                                62559

     ACLs, ACT, and AMs for hogfish in the                   applies to vessels that have been issued                (C) Private angling component ACT.
     Gulf EEZ south of 25°09′ N lat. off the                 a valid Federal charter vessel/headboat               The private angling component ACT
     west coast of Florida.                                  permit for Gulf reef fish any time during             applies to vessels that fish under the bag
       (q) * * *                                             the fishing year. This component ACT is               limit and have not been issued a Federal
       (2) * * *                                             effective through the 2022 fishing year.              charter vessel/headboat permit for Gulf
       (iii) Recreational ACT for red                        For the 2019 fishing year, the                        reef fish any time during the fishing
     snapper—(A) Total recreational ACT.                     component ACT is 2.848 million lb                     year. This component ACT is effective
     For the 2019 fishing year, the total                    (1.292 million kg), round weight. For                 through the 2022 fishing year. The
     recreational ACT is 6.263 million lb                    the 2020, 2021, and 2022 fishing years,               component ACT is 3.415 million lb
     (2.841 million kg), round weight. For                   the component ACT is 2.504 million lb                 (1.549 million kg), round weight. For
     the 2020 and subsequent fishing years,                  (1.136 million lb), round weight. For the             the 2023 and subsequent fishing years,
     the total recreational ACT is 5.919                     2023 and subsequent fishing years, the                the applicable total recreational ACT,
     million lb (2.830 million kg), round                                                                          specified in paragraph (q)(2)(iii)(A) of
                                                             applicable total recreational ACT,
     weight.                                                                                                       this section, will apply to the
                                                             specified in paragraph (q)(2)(iii)(A) of
       (B) Federal charter vessel/headboat                                                                         recreational sector.
                                                             this section, will apply to the
     component ACT. The Federal charter                      recreational sector.                                  [FR Doc. 2018–26196 Filed 12–3–18; 8:45 am]
     vessel/headboat component ACT                                                                                 BILLING CODE 3510–22–P




VerDate Sep<11>2014   16:41 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00044   Fmt 4702   Sfmt 9990   E:\FR\FM\04DEP1.SGM   04DEP1



Document Created: 2018-12-04 00:42:57
Document Modified: 2018-12-04 00:42:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received by January 3, 2019.
ContactPeter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 62555 
RIN Number0648-BI39
CFR AssociatedCommercial; Fisheries; Fishing; Hogfish; Gulf; Recreational and Red Snapper

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR