[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Rules and Regulations]
[Pages 34574-34581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15590]



[[Page 34573]]

Vol. 82

Tuesday,

No. 141

July 25, 2017

Part II





 Department of Commerce





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





 National Oceanic and Atmospheric Administration





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





50 CFR Part 622





Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef 
Fish Fishery of the Gulf of Mexico; Hogfish Management Measures in 
Amendment 43; Final Rule

  Federal Register / Vol. 82 , No. 141 / Tuesday, July 25, 2017 / Rules 
and Regulations  

[[Page 34574]]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160630574-7542-02]
RIN 0648-BG18


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Hogfish Management Measures in 
Amendment 43

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

ACTION: Final rule.

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

SUMMARY: NMFS implements management measures described in Amendment 43 
to the Fishery Management Plan for the Reef Fish Resources of the Gulf 
of Mexico (Gulf)(FMP), as prepared by the Gulf of Mexico Fishery 
Management Council (Gulf Council)(Amendment 43). This final rule 
revises the geographic range of the fishery management unit (FMU) for 
Gulf hogfish (the West Florida stock) consistent with the South 
Atlantic Fishery Management Council's (South Atlantic Council) boundary 
between the Florida Keys/East Florida and West Florida stocks, sets the 
annual catch limit (ACL) for the West Florida stock, increases the 
minimum size limit for the West Florida stock, and removes the 
powerhead exception for harvest of hogfish in the Gulf reef fish 
stressed area. This final rule also corrects a reference in the 
regulatory definition for charter vessel. The purpose of this final 
rule is to manage hogfish using the best scientific information 
available.

DATES: This final rule is effective August 24, 2017.

ADDRESSES: Electronic copies of Amendment 43 may be obtained from 
www.regulations.gov, or from the Southeast Regional Office Web site at 
http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2016/am43/index.html. Amendment 43 includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review.

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

SUPPLEMENTARY INFORMATION: NMFS and the Gulf Council manage the Gulf 
reef fish fishery, which includes hogfish, under the FMP. The FMP was 
prepared by the Gulf 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.).
    On November 4, 2016, NMFS published a notice of availability for 
Amendment 43 and requested public comment (81 FR 76908, November 4, 
2016). On November 23, 2016, NMFS published a proposed rule for 
Amendment 43 and requested public comment (81 FR 84538, November 23, 
2016). The proposed rule and Amendment 43 outline the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in Amendment 43 and implemented by this final rule 
is provided below.

Management Measures Contained in This Final Rule

    Amendment 43 and this final rule revise the hogfish FMU managed by 
the FMP to the West Florida hogfish stock, which includes hogfish in 
the Gulf exclusive economic zone (EEZ), except south of the 25[deg]09' 
N. lat. line off the west coast of Florida; specify the ACL for the 
West Florida hogfish stock; increase the minimum size limit for the 
West Florida hogfish stock; and remove the powerhead exception for the 
harvest of hogfish in the Gulf reef fish stressed area.

Fishery Management Unit

    Hogfish occur throughout the Gulf but are caught primarily off the 
Florida west coast. The most recent stock assessment for hogfish, the 
Southeast Data, Assessment, and Review 37 (SEDAR 37), divided the 
hogfish stock into three stocks based on genetic analysis as follows: 
The West Florida stock, the Florida Keys/East Florida stock, and the 
Georgia through North Carolina stock. The West Florida stock is 
completely within the jurisdiction of the Gulf Council and the Georgia 
through North Carolina stock is completely within the jurisdiction of 
the South Atlantic Council. The Florida Keys/East Florida stock crosses 
the two Councils' jurisdictional boundary, with a small portion of the 
stock extending into the Gulf Council's jurisdiction off the west coast 
of Florida. The West Florida stock is not overfished or undergoing 
overfishing, the Florida Keys/East Florida stock is overfished and 
experiencing overfishing, and the status of the Georgia through North 
Carolina stock is unknown.
    The South Atlantic Council developed and submitted for review by 
the Secretary of Commerce (Secretary) a rebuilding plan for the Florida 
Keys/East Florida hogfish stock through Amendment 37 to the FMP for the 
Snapper-Grouper Fishery of the South Atlantic Region (Amendment 37). In 
Amendment 43 and this final rule, the Gulf Council revises the hogfish 
FMU in the Gulf to be the West Florida stock, and defines the 
geographic range of this stock consistent with the South Atlantic 
Council's boundary between the Florida Keys/East Florida and West 
Florida hogfish stocks in Amendment 37. The Gulf Council will manage 
hogfish (the West Florida stock) in the Gulf EEZ except south of the 
25[deg]09' N. lat. line off the west coast of Florida, which is near 
Cape Sable. The South Atlantic Council will manage hogfish (the Florida 
Keys/East Florida stock) in the Gulf EEZ south of 25[deg]09' N. lat. 
off the west coast of Florida, and in the South Atlantic EEZ to the 
state border of Florida and Georgia. The boundary line at 25[deg]09' N. 
lat. off the west coast of Florida is currently used by the Florida 
Fish and Wildlife Conservation Commission (FWC) as a regulatory 
boundary for certain state-managed species. Using a pre-existing 
management boundary increases enforceability and helps fishermen comply 
with management measures by simplifying regulations across adjacent 
management jurisdictions.
    In accordance with section 304(f) of the Magnuson-Stevens Act, the 
Gulf Council requested that the Secretary designate the South Atlantic 
Council as the responsible Council for management of the Florida Keys/
East Florida hogfish stock in Gulf Federal waters south of the 
25[deg]09' N. lat. line off the west coast of Florida. On February 2, 
2017, the Secretary approved Amendment 43 and the Gulf Council's 
request. The Secretary approved Amendment 37 on December 28, 2016, and 
NMFS is publishing a final rule implementing Amendment 37 in the same 
issue of the Federal Register as this final rule on July 25, 2017. 
Therefore, the Gulf Council continues to manage hogfish in Federal 
waters in the Gulf, except in Federal waters south of this boundary, 
and the South Atlantic Council establishes management measures for the 
entire range of the Florida Keys/East Florida hogfish stock, including 
in Gulf Federal waters south of 25[deg]09' N. lat. off the west coast 
of Florida, which is near Cape Sable. All recreational anglers and 
federally permitted vessels must comply with the applicable management 
measures in the final rule implementing

[[Page 34575]]

Amendment 37 when fishing for hogfish in Gulf Federal waters south of 
25[deg]09' N. lat. off the west coast of Florida.
    Commercial vessels, charter vessels, and headboats fishing for 
hogfish in Gulf Federal waters, i.e., north and west of the 
jurisdictional boundary between the Gulf and South Atlantic Councils, 
as defined at 50 CFR 600.105(c), are still required to have the 
appropriate Federal Gulf reef fish permits, and vessels fishing for 
hogfish in South Atlantic Federal waters, i.e., south and east of the 
jurisdictional boundary, are still required to have the appropriate 
Federal South Atlantic snapper-grouper permits. Those permit holders 
are still required to follow the sale and reporting requirements 
associated with the respective permits.

Annual Catch Limit

    The SEDAR 37 stock assessment projections produced annual yields 
for the overfishing limit (OFL) and acceptable biological catch (ABC) 
level for the West Florida hogfish stock for the 2016 through 2026 
fishing years. However, because of increasing uncertainty with long-
range projections, the Gulf Council's Scientific and Statistical 
Committee (SSC) only provided OFL and ABC recommendations for the West 
Florida hogfish stock for the first 3 years, 2016 through 2018. The 
Gulf Council's SSC made constant catch OFL and ABC recommendations 
based on the averages of the 2016-2018 OFLs and ABCs. For 2019 and 
subsequent years, the SSC recommended an OFL and ABC set at the 
equilibrium yield levels.
    This final rule sets the ACL for the West Florida hogfish stock 
based on the ABC recommendations made by the Gulf Council's SSC at 
219,000 lb (99,337 kg), round weight, for the 2017 and 2018 fishing 
years and at the equilibrium yield level of 159,300 lb (72,257 kg), 
round weight, in 2019 and subsequent fishing years. The Council decided 
to discontinue the designation of an annual catch target (ACT), because 
it is not used in the current accountability measures (AMs) or for 
other management purposes.

Minimum Size Limit

    Although the West Florida hogfish stock is not overfished or 
undergoing overfishing, the stock could be subject to seasonal closures 
if landings exceed the stock ACL and AMs are triggered. This final rule 
increases the minimum size limit to harvest West Florida hogfish in 
Federal waters from 12 inches (30.5 cm), fork length (FL), to 14 inches 
(35.6 cm), FL, to reduce the directed harvest rate and reduce the 
probability of exceeding the ACL.

Powerhead Exemption

    Since 2011, hogfish was the only Gulf species subject to the 
powerhead exemption, which was a regulatory holdover from when hogfish 
were previously listed in the regulations as a ``species in the fishery 
but not in the reef fish fishery management unit.'' This final rule 
removes the provision that exempted hogfish from the prohibition on the 
use of powerheads to take Gulf reef fish in the reef fish stressed area 
and, therefore, prohibits the harvest of hogfish with powerheads in the 
stressed area. By removing the powerhead exemption for hogfish, hogfish 
are subject to the same regulations for Gulf reef fish in the stressed 
area as other species in the reef fish FMU.

Management Measures Contained in Amendment 43 but Not Codified Through 
This Final Rule

    Amendment 43 also specifies additional status determination 
criteria (SDC) for the West Florida hogfish stock. The only SDC 
previously implemented for hogfish in the Gulf was the overfishing 
threshold, or maximum fishing mortality threshold (MFMT).
    In Amendment 43, the Council selected the spawning potential ratio 
(SPR) as the basis for a maximum sustainable yield (MSY) proxy. 
Amendment 43 uses the equilibrium yield based on an overfishing 
threshold of the fishing morality rate (F) at 30 percent of the 
spawning potential ratio (F30%SPR) as a proxy for 
MSY. This proxy is consistent with that used in SEDAR 37 and with the 
MSY proxy commonly used for reef fish species.
    Both the hogfish MFMT and minimum stock size threshold (MSST) are 
based on this MSY proxy. The current MFMT value of 
F30%SPR for hogfish is already consistent with 
the MSY proxy and is not being changed in Amendment 43. In Amendment 
43, the Gulf Council determined that setting the MSST at 75 percent of 
the spawning stock biomass (SSB) capable of producing an equilibrium 
yield when fished at F30%SPR 
(SSB30%SPR) balanced the likelihood of declaring 
the stock as overfished as a result of natural variations in stock size 
with being able to allow the stock to recover quickly from an 
overfished state.

Comments and Responses

    A total of 26 unique comments were received on the notice of 
availability and proposed rule for Amendment 43. Half of the comments 
(13 comments) were in favor of the proposed management measures for the 
West Florida stock. Some comments were outside the scope of Amendment 
43 and the proposed rule; these included comments that proposed or 
discussed adding hogfish to the individual fishing quota program; 
creating regulations for spearguns to harvest reef fish; and creating a 
Florida Keys/East Florida and West Florida boundary for all reef fish 
species. Specific comments related to the actions in Amendment 43 and 
the proposed rule, as well as NMFS' respective responses, are 
summarized below.
    Comment 1: The single hogfish stock should not be split, because 
establishing three different stocks of hogfish with different 
regulations will lead to confusion when harvesting hogfish.
    Response: NMFS disagrees that hogfish should continue to be managed 
as a single stock because the best scientific information available 
indicates that hogfish in the Gulf and South Atlantic are comprised of 
three separate stocks. As explained above, the 2014 hogfish stock 
assessment (SEDAR 37) divided the single hogfish stock in the southeast 
U.S. into three stocks based on genetic information. The Gulf and South 
Atlantic Councils' SSCs reviewed SEDAR 37 and agreed that there are 
three stocks of hogfish. Having different management measures for the 
West Florida stock and the Florida Keys/East Florida stock may cause 
some confusion for those who fish near the management boundary that 
separates the two stocks. However, different management measures are 
necessary because the status of these separate hogfish stocks is 
different. Of particular concern is the Florida Keys/East Florida 
stock, which is overfished and undergoing overfishing. Because only a 
small portion of the Florida Keys/East Florida hogfish stock occurs in 
the Gulf Council's jurisdiction, the Gulf Council and the South 
Atlantic Council agreed that the South Atlantic Council would develop 
and implement measures to end overfishing of and rebuild the Florida 
Keys/East Florida stock.
    Comment 2: It is unclear which permits apply when harvesting 
Florida Keys/East Florida hogfish and how the different regulations 
apply when fishing for hogfish in different management areas.
    Response: As explained in the proposed rule and in the preamble 
above, vessels fishing for hogfish in Gulf Federal waters (north and 
west of the jurisdictional boundary between the Gulf and South Atlantic 
Councils, as defined at 50 CFR 600.105(c)), are still required to have 
the appropriate Federal Gulf reef fish permits, and vessels

[[Page 34576]]

fishing for hogfish in South Atlantic Federal waters (south and east of 
the jurisdictional boundary) are still be required to have the 
appropriate Federal South Atlantic snapper-grouper permits. For 
example, if a commercial vessel, charter vessel, or headboat is fishing 
for hogfish at Pulley Ridge, which is in Federal waters of the Gulf off 
the west coast of Florida and south of 25[deg]09' N. lat., the vessel 
is required to possess the applicable Federal Gulf commercial or 
charter vessel/headboat permit to harvest hogfish. Federal permit 
holders will continue to be required to follow the existing sale and 
logbook reporting requirements associated with the respective permits. 
Maintaining existing permitting requirements minimizes confusion and 
avoids unnecessarily burdening those fishing for hogfish under Federal 
permits, while still meeting both Councils' management needs. This 
final rule includes additional language in 50 CFR 622.20 to clarify 
that the applicable Gulf Federal permits are required when harvesting 
Florida Keys/East Florida hogfish in the Gulf EEZ.
    Fishermen must adhere to the regulations in place for the area in 
which they are fishing. If fishing for hogfish in Federal waters off 
the west coast of Florida and north of 25[deg]09' N. lat., then the 
Gulf regulations for the West Florida stock apply. If fishing in 
Federal waters off the west coast of Florida and south of 25[deg]09' N. 
lat., then the South Atlantic regulations for the Florida Keys/East 
Florida hogfish stock apply. Fishermen fishing for hogfish both north 
and south of 25[deg]09' N. lat. during the same trip, must ensure they 
are in compliance with the applicable regulations as they move from one 
area to another. Similarly, fishermen transiting through an area must 
follow the hogfish regulations that apply in that area, regardless of 
where the hogfish were harvested.
    Comment 3: It is not clear why the ACL for the West Florida hogfish 
stock decreases from 219,000 lb (99,337 kg), round weight, for the 2017 
and 2018 fishing years to 159,300 lb (72,257 kg), round weight, in the 
2019 fishing year, when the stock is not overfished or undergoing 
overfishing. It is also not clear whether the decrease in the ACL will 
allow the fishery to continue to achieve optimum yield.
    Response: The West Florida stock ACL decreases in 2019 based on the 
information provided in SEDAR 37 and the ABC recommendations provided 
by the Gulf Council's SSC. The results of SEDAR 37 indicate that the 
biomass of the West Florida hogfish stock is currently above the level 
needed to maintain MSY, and can therefore support higher catch levels 
in the short-term, but then need to decrease over time. The ABC 
recommendations provided by the Gulf Council's SSC addressed the 
uncertainty associated with long-range projections by providing a 
higher constant ABC recommendation through the 2018 fishing year 
(219,000 lb (99,337 kg), round weight), and a lower long-term constant 
ABC for the following fishing years if no new assessment has been 
completed (159,300 lb (72,257 kg), round weight). The Gulf Council set 
the ACLs equal to the ABCs recommended by the SSC, and requested a 
hogfish stock assessment update in 2018 to reassess the long-term catch 
recommendations. By setting the catch levels equal to the ABCs, the 
Council has allowed for the highest yield possible under the current 
understanding of the stock status and the future projections. The lower 
ABC and catch level in 2019 and in subsequent fishing years is a 
precautionary measure to help ensure long-term sustainable catch levels 
if a new stock assessment is not completed as scheduled.
    Comment 4: Because of more restrictive management measures proposed 
for the Florida Keys/East Florida hogfish stock, fishing effort may 
shift to the West Florida hogfish stock.
    Response: It is difficult to predict if fishermen will shift their 
effort from one stock to the other. However, if fishermen direct 
additional effort toward the West Florida hogfish stock, this stock has 
an ACL and an AM to prevent overfishing and to protect this stock from 
becoming overfished. The AM for West Florida hogfish stock is triggered 
if the sum of commercial and recreational landings exceed the ACL 
during a fishing year. Once the AM is triggered, then during the 
following fishing year, the commercial and recreational sectors will be 
closed to fishing if the sum of commercial and recreational hogfish 
landings reaches or is projected to reach the ACL. The Gulf Council 
also increased the minimum size limit from 12 inches (30.5 cm), FL, to 
14 inches (35.6 cm), FL, which is expected to slow the rate of harvest 
and reduce the likelihood of a closure as the result of reaching the 
ACL.
    Comment 5: Some commenters questioned the need to change the 
minimum size limit for the West Florida stock from 12 inches (30.5 cm), 
FL, to 14 inches (35.6 cm), FL, given that the stock is not overfished 
or undergoing overfishing. Another commenter suggested that the final 
rule should increase the minimum size limit to 16 inches (40.6 cm), FL, 
to protect male hogfish, and fishing should be closed when hogfish are 
spawning to protect the West Florida stock. This commenter also stated 
that Amendment 43 should discuss the size when hogfish transition from 
females to males and discuss a closed spawning season for hogfish.
    Response: The Gulf Council decided to raise the minimum size limit 
to 14 inches (35.6 cm), FL, because this is expected to reduce the 
harvest rates by the commercial and recreational sectors, and 
therefore, reduce the likelihood of a closure as the result of reaching 
the ACL. This minimum size limit increase will also allow hogfish to 
grow larger and have additional spawning opportunities before they can 
be harvested and landed.
    NMFS disagrees that the minimum size limit should be increased to 
16 inches (40.6 cm), FL, and that there should be a closure when 
hogfish are spawning. The Gulf Council evaluated a 16-inch (40.6-cm), 
FL, minimum size limit but for the reasons stated above decided to 
increase the minimum size limit from 12 inches (30.5 cm), FL, to 14 
inches (35.6 cm), FL. Amendment 43 notes that the size of female 
maturity (estimated size at 50 percent maturity) occurs at between 6 
and 7.5 inches (15.2 and 19.1 cm), FL, and the size of male transition 
(estimated size at 50 percent having transitioned to males) occurs at 
16.6 inches (42.2 cm), FL. Raising the minimum size limit to 16 inches 
(40.6 cm), FL, would further reduce the harvest rate and allow more 
hogfish to transition to males. However, this option was not supported 
by the Gulf Council's Reef Fish Advisory Panel, and during public 
hearings several fishermen testified that moving to a 16-inch (40.6 
cm), FL, size limit was too great a change and would lead to large 
numbers of discards. The Council determined, and NMFS agrees, that 
because the West Florida stock is healthy, it is unnecessary to 
increase the minimum size limit to 16 inches (40.6 cm), FL.
    Amendment 43 also discusses the hogfish spawning season (December 
through April); however, the Gulf Council did not consider a seasonal 
closure to protect spawning fish because the West Florida stock is 
neither overfished nor undergoing overfishing. The measures implemented 
by this final rule are expected to prevent overfishing but also allow a 
year-round fishing season for the West Florida stock of hogfish, which 
will benefit fishermen.
    Comment 6: The actual MSY value for the West Florida hogfish stock 
should be used rather than a proxy.

[[Page 34577]]

    Response: The decision on whether to use MSY or a proxy, such as 
the yield at F30%SPR, is made during the stock 
assessment process and subsequent review. This decision is based on the 
type of assessment model and the confidence the assessment scientists 
have in factors such as recruitment. Using proxies when MSY is not 
known or when confidence in the estimate of MSY is uncertain is a 
common practice. In Amendment 43, the Council considered using the 
point estimate of MSY from the assessment, but chose to use the proxy 
instead because of uncertainty in the MSY estimates caused by the lack 
of a discernable relationship between the stock biomass and 
recruitment. The Gulf Council's decision is consistent with the SSC's 
ABC recommendations, which are based on this proxy.
    Comment 7: Discards need to be accounted for in setting the ACLs.
    Response: Discard mortality rates were accounted for in the SEDAR 
37 stock assessment, resultant stock projections, and calculations of 
the ACLs. Different discard mortality rates were developed for the 
various sectors and components of the Gulf reef fish fishery (e.g., 
commercial and recreational, spearfishing, and hook-and-line). However, 
in SEDAR 37, discards were not considered a major source of mortality 
for hogfish. As discussed in Amendment 43, SEDAR 37 set the discard 
mortality rate at 100 percent for spearfishing, but because this gear 
type uses line-of-sight in harvesting fish, the number of regulatory 
discards was considered to be low. Therefore, hogfish harvested by 
spearfishing is predominantly counted as catch. Hook-and-line gear 
catches considerably fewer hogfish than spearfishing, and the discard 
mortality rate for hogfish attributed to hook-and-line gear was 
estimated at 10 percent, which was considered low.
    Comment 8: Other than the increase in the minimum size limit, no 
other action for hogfish should be taken. There should be no closed 
season, reduction in the recreational bag limit, or establishment of a 
commercial trip limit.
    Response: This final rule does not create or revise a closed 
season, reduce the recreational bag limit, or set a commercial trip 
limit for the West Florida hogfish stock. In Amendment 37, the South 
Atlantic Council established a closed season for the Florida Keys/East 
Florida hogfish stock and, for both the Florida Keys/East Florida and 
Georgia through North Carolina hogfish stocks, the South Atlantic 
Council reduced the recreational bag limit, increased in the minimum 
size limits, and established commercial trip limits. These actions are 
discussed in Amendment 37 (http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2015/am37/index.html), its associated 
proposed rule (81 FR 91104, December 16, 2016), and its associated 
final rule published in the same issue of the Federal Register as this 
final rule on July 25, 2017.
    Comment 9: It is unclear how eliminating the powerhead exemption 
for hogfish in the Gulf reef fish stressed area will help the West 
Florida hogfish stock and if there is any reason for eliminating this 
exemption other than making the regulations the same for all Gulf reef 
fish species.
    Response: As discussed in Amendment 43, removing the exemption for 
allowing the harvest of hogfish using powerheads is likely to have a 
minimal impact on the West Florida hogfish stock, as it will only 
affect spearfishing for this species in the Gulf reef fish stressed 
area, defined at 50 CFR 622.35(a). Additionally, powerheads are 
typically not used to harvest hogfish. The primary purpose of this 
action is to remove an exemption that should have been removed when 
hogfish was originally included in the reef fish FMU. However, this 
action may also improve enforcement by applying the powerhead 
prohibition to all reef fish in the Gulf reef fish stressed area.

Additional Change to Codified Text Not in Amendment 43

    In 2013, NMFS reorganized the regulations in 50 CFR part 622 to 
improve the organization of the regulations and make them easier to use 
(78 FR 57534, September 19, 2013). However, during that reorganization, 
a regulatory reference in the definition of ``charter vessel'' in Sec.  
622.2 was inadvertently not updated as needed. The charter vessel 
definition previously included a reference to Sec.  622.4(a)(2) as the 
provision that specifies the required commercial permits under the 
various fishery management plans. Although Sec.  622.4(a)(2) addressed 
all of the required commercial permits before the 2013 reorganization, 
after the reorganization that provision referred to operator permits 
only. The reorganization of the regulations removed the various 
commercial permit provisions from Sec.  622.4 and placed them in the 
appropriate subparts throughout part 622. This final rule updates the 
regulatory reference in the definition of charter vessel in Sec.  622.2 
to refer to any commercial permits ``as required under this part.'' 
This update in language makes the regulatory reference in the 
definition of charter vessel consistent with the current regulatory 
definition of headboat in Sec.  622.2.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    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. Amendment 43 and the preamble to this final rule provide a 
statement of the need for and objectives of this final rule. No 
duplicative, overlapping, or conflicting Federal rules have been 
identified. No new reporting, record-keeping, or other compliance 
requirements are introduced by this final rule.
    In compliance with section 604 of the RFA, NMFS prepared a final 
regulatory flexibility analysis (FRFA) for this final rule. The FRFA 
follows.
    No significant economic issues were raised by public comment, and 
therefore, no changes to this final rule were made in response to 
public comments of an economic nature. No comments were received from 
the Office of Advocacy for the Small Business Administration.
    NMFS agrees that the Gulf Council's preferred alternatives will 
best achieve their objectives for Amendment 43 while minimizing, to the 
extent practicable, the adverse effects on fishers, support industries, 
and associated communities.
    NMFS expects this final rule to directly affect all vessels with a 
Federal commercial permit for Gulf reef fish that harvest hogfish. A 
Federal Gulf commercial reef fish permit is required for commercial 
vessels to harvest reef fish species, including hogfish, in the Gulf 
EEZ. Over the period of 2010 through 2014, the number of vessels that 
recorded commercial harvests of hogfish in the Gulf EEZ ranged from 55 
in 2010 to 75 in 2014, or an average of 61 vessels per year, based on 
mandatory Federal logbook data. The average annual revenue per vessel 
from the harvest of all finfish species during this period by these 
vessels was approximately $35,600 (this estimate and all subsequent 
monetary estimates in this analysis are in 2014 dollars), of which 
approximately $2,200 was derived from the harvest of hogfish.
    NMFS has not identified any other small entities that might be 
directly affected by this final rule. Although

[[Page 34578]]

recreational anglers would be directly affected by the actions in this 
final rule, recreational anglers are not small entities under the RFA. 
The actions in this final rule will not directly apply to or change the 
operation of the charter vessel and headboat (for-hire) component of 
the recreational sector or the service this component provides, which 
is providing a platform to fish for and retain those fish that are 
caught within legal allowances. Although angler demand for for-hire 
services could be affected by the management changes in this final 
rule, the resultant effects on for-hire businesses would be indirect 
consequences of this final rule. Indirect effects are outside the scope 
of the RFA.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing. A business primarily engaged in 
commercial fishing (NAICS code 11411) is classified as a small business 
if it is independently owned and operated, is not dominant in its field 
of operation (including its affiliates), and has combined annual 
receipts not in excess of $11 million for all its affiliated operations 
worldwide. All commercial fishing vessels expected to be directly 
affected by this final rule are believed to be small business entities.
    This final rule contains four actions specific to the management of 
the West Florida hogfish stock in the Gulf: defining the hogfish FMU, 
establishing the stock ACL, setting the minimum size limit, and 
prohibiting the harvest of hogfish with powerheads in the Gulf reef 
fish stressed area. Two of these actions, defining the FMU and 
prohibiting the use of powerheads, are not expected to have any direct 
economic effects on any small entities.
    Defining the FMU is an administrative action that forms the 
platform from which subsequent regulations, such as the ACL and minimum 
size limit, are based. Although direct economic effects may result from 
the implementation of these management measures for a newly defined 
FMU, these effects would be indirect consequences of defining the FMU. 
NMFS notes that the establishment of the West Florida hogfish stock 
boundary would result in the extension of South Atlantic hogfish 
management measures for the Florida Keys/East Florida hogfish stock 
into Gulf Federal waters south of the 25[deg]09' N. lat. line off the 
west coast of Florida. As a result, vessels with Federal Gulf 
commercial reef fish permits may experience direct negative economic 
effects due to the more restrictive hogfish management measures imposed 
by the South Atlantic Council in the area between the Gulf and South 
Atlantic Council jurisdictional boundary and the West Florida hogfish 
stock boundary line at 25[deg]09' N. lat. off the west coast of 
Florida. These direct negative economic effects, which are discussed in 
the final rule implementing South Atlantic Amendment 37 published in 
the same issue of the Federal Register on July 25, 2017, would also be 
an indirect consequence of defining the FMU.
    As explained in the final rule implementing Amendment 37, the data 
used to assign landings to stock areas and monitor the ACL do not have 
the spatial resolution to estimate the specific fishing activity that 
occurs in the area between the Councils' jurisdictional boundary and 
the new Florida Keys/East Florida hogfish stock boundary at the 
25[deg]09' N. lat. line off the west coast of Florida. Therefore, the 
analysis conducted for Amendment 37, and summarized in the Amendment 37 
final rule, used commercial landings data exclusive to Federal waters 
of the South Atlantic off the State of Florida as a proxy for 
commercial landings in the new Florida Keys/East Florida stock area 
(including the area in the Gulf EEZ). Based on the relatively small 
size of the area between the Councils' jurisdictional boundary and the 
new Florida Keys/East Florida hogfish stock boundary at the 25[deg]09' 
N. lat. line off the west coast of Florida, as well as the public 
comments received and South Atlantic Council discussions, NMFS expects 
commercial hogfish landings from this area in the Gulf EEZ to be below 
the level that would change any of the assumptions or conclusions in 
the analysis provided in Amendment 37 and the corresponding final rule.
    Prohibiting the use of powerheads to harvest hogfish is not 
expected to directly affect any small entities because powerheads are 
not expected to be used to harvest hogfish. The use of powerheads for 
the harvest of other reef fish species in these areas is currently 
prohibited and, because of the small size of hogfish, powerheads would 
be expected to result in excessive damage to the fish and adversely 
affect its market quality. Thus, NMFS does not expect that any hogfish 
in the Gulf reef fish stressed area are commercially harvested using 
powerheads, and the prohibition on the use of powerheads to harvest 
hogfish is not expected to reduce revenue to any commercial fishermen.
    The changes in the West Florida hogfish stock ACL and minimum size 
limit have independent and interactive effects. The changes in the West 
Florida hogfish stock ACL are expected to increase total commercial 
fishing revenue for all vessels during the 2016 through 2018 fishing 
years by approximately $8,900 per year, followed by a decrease in 
revenue of approximately $39,300 in 2019, and annually thereafter, 
until the stock ACL (or other hogfish management aspect) is changed. 
The revised minimum size limit is expected to reduce commercial harvest 
by 17 percent averaged over the fishing year and across gear types, 
resulting in a decrease in commercial revenue each year if vessels are 
unable to compensate for the reduced harvest of hogfish through 
increased harvest of other species. Independent of the changes in the 
West Florida hogfish stock ACL, the increase in the minimum size limit 
is expected to decrease total commercial revenue for all vessels by 
approximately $28,500 per year.
    In combination, the revisions to the West Florida hogfish stock ACL 
and minimum size limit are expected to decrease total commercial 
revenue for all vessels by approximately $21,100 per year for 2016 
through 2018, and approximately $61,100 in 2019, and each year 
thereafter, until the stock ACL (or other management aspect) is 
changed. As previously stated, these projected reductions in fishing 
revenue assume commercial fishermen are unable to benefit from the full 
increase in the ACL due to the increase in the minimum size limit, or 
compensate for the effects of the larger minimum size limit on their 
normal harvests (i.e., pre-ACL increase). Averaged across the number of 
small business entities expected to be directly affected by this action 
(55-75 entities, or an average of 61 entities per year), the reduction 
in fishing revenue per vessel each year for 2016 through 2018 is 
expected to range from $282 (75 entities) to $384 (55 entities) per 
year, or an average of $347 (61 entities) per year. For 2019, and 
thereafter, the average reduction in revenue per vessel is expected to 
range from $814 (75 entities) to $1,111 (55 entities) per year, or an 
average of $1,001 (61 entities) per year.
    Compared to the average annual revenue per vessel from all 
commercial fishing (approximately $35,600), the expected reduction in 
revenue per vessel per year as a result of the changes in the West 
Florida hogfish stock ACL and minimum size limit is expected to be 
approximately one percent of average annual total fishing revenue for 
2016 through 2018. For 2019, and thereafter, the average reduction in 
annual revenue per vessel is expected to be

[[Page 34579]]

approximately three percent of average annual total revenue.
    In conjunction with the changes to the ACL for the West Florida 
hogfish stock, this final rule eliminates the ACT (i.e., a hogfish ACT 
is not defined). Although this final rule does not define an ACT for 
West Florida hogfish, the ACT is not currently used as a fishing 
restraint and would not trigger AMs, and does not affect the harvest of 
hogfish, or associated revenue, in the Gulf. As a result, not defining 
an ACT for the West Florida hogfish stock is not expected to have any 
economic effects on any small entities.
    In addition to the four actions that relate to the management of 
hogfish in the Gulf, this final rule makes a minor revision to the 
definition of a charter vessel. A regulatory reference within the 
definition of charter vessel was inadvertently not updated when the 
regulations at 50 CFR part 622 were reorganized in 2013 (78 FR 57534, 
September 19, 2013). The revision made in this final rule is editorial 
in nature and is not expected to have any direct effect on any small 
entities.
    The following discussion describes the alternatives considered in 
Amendment 43 that were not selected as preferred by the Council.
    Because the actions to define the Gulf hogfish FMU, specify the SDC 
for the West Florida hogfish stock, prohibit the use of powerheads to 
harvest hogfish in the Gulf reef fish stressed area, and revise the 
definition of charter vessel are not expected to have any direct 
adverse economic effects on any small entities, the issue of 
significant alternatives is not relevant.
    Four alternatives, including no action, were considered for the 
action to set the West Florida hogfish stock ACL. Each of these 
alternatives included options on whether to set an ACT for the West 
Florida hogfish stock, and the option selected by the Council was to 
not set an ACT. As previously discussed, the ACT did not restrict 
harvest or trigger AMs. Thus, not defining an ACT is not expected to 
have any direct economic effects, and the issue of significant 
alternatives (or options) is not relevant.
    The first alternative (no action) to the ACLs for the West Florida 
hogfish stock established by this final rule would have resulted in 
less revenue to commercial fishermen in 2016 through 2018, and more 
revenue in 2019 and thereafter than the proposed change. Cumulatively 
(2016 through 2019 and thereafter), this alternative would have 
resulted in more commercial fishing revenue than the ACLs in this final 
rule. However, this alternative was not selected by the Council because 
it would not enable the increase in stock ACL for the West Florida 
hogfish stock resulting from SEDAR 37. Under this final rule, the ACL 
in 2019 will be substantially reduced from the ACL in the 2017 and 2018 
fishing years if a new hogfish assessment is not completed prior to 
2019 and new ACLs are not implemented. This may suggest the ``no 
action'' ACL would be preferable to the ACLs established by this final 
rule. However, retaining the ``no action'' ACL in 2019 and beyond would 
be inconsistent with the ABC recommendations provided by the Gulf 
Council's SSC. In addition, the Gulf Council expects a new hogfish 
stock assessment to be completed in sufficient time to avoid the 
scheduled reduction to the ACL beginning in the 2019 fishing year.
    The second alternative to the ACLs for the West Florida hogfish 
stock established by this final rule would set the ACL higher in 2016, 
and reduce it thereafter, until it reached the lowest level in 2019. 
This alternative would be expected to result in increased commercial 
fishing revenue in 2016, decreased revenue in 2017 and 2018, and the 
same revenue in 2019, and thereafter, compared to the ACLs established 
by this final rule. This alternative was not adopted by the Gulf 
Council because it would require successive reductions in the ACL in 
2017 and 2018 (after the initial increase in 2016), in addition to the 
reduction in 2019, common to both this alternative and the ACL 
established by this final rule. The Gulf Council determined that 
employing a constant ACL for the 2016 through 2018 fishing years would 
result in greater economic stability for affected fishermen and 
associated businesses.
    Finally, the fourth alternative to the ACLs for the West Florida 
hogfish stock established by this final rule would set the ACL at the 
lowest level of these alternatives, resulting in less revenue in 2016 
through 2018, and the same revenue in 2019 and thereafter, compared to 
the ACLs established by this final rule. This alternative was not 
selected because it would unnecessarily limit hogfish harvest and cause 
greater economic losses than the ACLs established by this final rule.
    Four alternatives, including no action, were considered for the 
action to change the hogfish minimum size limit. The Gulf Council 
determined that slowing the hogfish directed harvest rate was prudent 
to reduce the likelihood that the ACL is exceeded, thus triggering AMs. 
Exceeding the ACL may require an AM-based closure in the following 
year, and the Council determined that a closure is more economically 
harmful than reducing the harvest rate to help ensure a longer open 
season. Therefore, to reduce the harvest rate, the Gulf Council decided 
to increase the hogfish minimum size limit.
    The first alternative (no action) to the minimum size limit in this 
final rule would not change the minimum size limit, would not reduce 
the harvest rate, and would not achieve the Gulf Council's objective. 
Two other minimum size limits were considered in Amendment 43, each of 
which are greater than the current minimum size limit and the minimum 
size limit in this final rule. Because these alternatives would result 
in a greater minimum size limit than the Gulf Council's selection, each 
would be expected to result in greater reductions in hogfish harvest 
and associated revenue. These alternatives were not adopted because the 
Gulf Council concluded that the resultant reductions in the hogfish 
harvest rate would be greater than necessary, and would result in 
excessive adverse economic effects on fishermen and associated 
businesses.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as small entity compliance 
guides. As part of the rulemaking process, NMFS prepared a fishery 
bulletin, which also serves as a small entity compliance guide. The 
fishery bulletin will be sent to all interested parties.

Changes to Codified Text From the Proposed Rule

    In response to public comment, NMFS includes additional language in 
part 622 regulations to clarify which Federal permits apply when 
harvesting Florida Keys/East Florida hogfish in the Gulf EEZ. This 
final rule adds a definition for ``Florida Keys/East Florida hogfish'', 
and modifies the language in section 622.20 to clarify that Gulf 
Federal permits are required for commercial vessels, charter vessels, 
and headboats to harvest Florida Keys/East Florida hogfish in the Gulf 
EEZ.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf of Mexico, Hogfish, 
Recreational, South Atlantic.


[[Page 34580]]


    Dated: July 19, 2017.
Chris Oliver,
Assistant Administrator for Fisheries, 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.  622.1, revise the Table 1 entry for ``FMP for the Reef Fish 
Resources of the Gulf of Mexico'', and add footnote 7 to Table 1 to 
read as follows:


Sec.  622.1   Purpose and scope.

* * * * *

                            Table 1 to Sec.   622.1--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                               Responsible  fishery
                FMP title                     management  council(s)                Geographical area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
FMP for the Reef Fish Resources of the     GMFMC.......................  Gulf. 1 3 4 7
 Gulf of Mexico.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
 * * * * * * *
\3\ Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a person
  aboard a vessel for which a Gulf red snapper IFQ vessel account has been established or possessed by a dealer
  with a Gulf IFQ dealer endorsement.
\4\ Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a
  person aboard a vessel for which an IFQ vessel account for Gulf groupers and tilefishes has been established
  or possessed by a dealer with a Gulf IFQ dealer endorsement.
 * * * * * * *
\7\ Hogfish are managed by the FMP in the Gulf EEZ except south of 25[deg]09' N. lat. off the west coast of
  Florida. Hogfish in the remainder of the Gulf EEZ south of 25[deg]09' N. lat. off the west coast of Florida
  are managed under the FMP for the Snapper-Grouper Fishery of the South Atlantic Region.


0
3. In Sec.  622.2, revise the first two sentences in the definition of 
Charter vessel and add the definition for Florida Keys/East Florida 
hogfish in alphabetical order to read as follows:


Sec.  622.2   Definitions and acronyms.

* * * * *
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that is subject to the requirements of the USCG to carry six or fewer 
passengers for hire and that engages in charter fishing at any time 
during the calendar year. A charter vessel with a commercial permit, as 
required under this part, is considered to be operating as a charter 
vessel when it carries a passenger who pays a fee or when there are 
more than three persons aboard, including operator and crew, except for 
a charter vessel with a commercial vessel permit for Gulf reef fish or 
South Atlantic snapper-grouper. * * *
* * * * *
    Florida Keys/East Florida hogfish means hogfish occurring in the 
Gulf EEZ from 25[deg]09' N. lat. off the west coast of Florida and 
south to the jurisdictional boundary between the Gulf and South 
Atlantic Councils, as defined at 50 CFR 600.105(c), and continuing in 
the South Atlantic EEZ from the jurisdictional boundary between the 
Gulf and South Atlantic Councils to the state boundary between Florida 
and Georgia.
* * * * *

0
4. In Sec.  622.20, revise paragraphs (a)(1) introductory text and (b) 
introductory text to read as follows:


Sec.  622.20   Permits and endorsements.

    (a) Commercial vessels--(1) Commercial vessel permits. For a person 
aboard a vessel to be eligible for exemption from the bag limits, to 
fish under a quota, as specified in Sec.  622.39, or to sell Gulf reef 
fish or Florida Keys/East Florida hogfish in or from the Gulf EEZ, a 
commercial vessel permit for Gulf reef fish must have been issued to 
the vessel and must be on board. If Federal regulations for Gulf reef 
fish in subparts A or B of this part are more restrictive than state 
regulations, a person aboard a vessel for which a commercial vessel 
permit for Gulf reef fish has been issued must comply with such Federal 
regulations regardless of where the fish are harvested. See paragraph 
(a)(1)(i) of this section regarding a limited access system for 
commercial vessel permits for Gulf reef fish. See Sec. Sec.  
622.21(b)(1) and 622.22(b)(1), respectively, regarding an IFQ vessel 
account required to fish for, possess, or land Gulf red snapper or Gulf 
groupers and tilefishes, and paragraph (a)(2) of this section regarding 
an additional bottom longline endorsement required to fish for Gulf 
reef fish with bottom longline gear in a portion of the eastern Gulf.
* * * * *
    (b) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or 
possess Gulf reef fish, in or from the EEZ, a valid charter vessel/
headboat permit for Gulf reef fish must have been issued to the vessel 
and must be on board. For a person aboard a vessel that is operating as 
a charter vessel or headboat to fish for or possess Florida Keys/East 
Florida hogfish in or from the Gulf EEZ, a valid charter vessel/
headboat permit for Gulf reef fish must have been issued to the vessel 
and must be on board.
* * * * *

0
5. In Sec.  622.34, add paragraph (g) to read as follows:


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

* * * * *
    (g) Recreational sector for hogfish in the Gulf EEZ south of 
25[deg]09' N. lat. off the west coast of Florida. See Sec.  
622.183(b)(4) for the applicable seasonal closures.

0
6. In Sec.  622.35, revise paragraph (a)(1) to read as follows:


Sec.  622.35   Gear restricted areas.

    (a) * * *
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area.
* * * * *

[[Page 34581]]


0
7. In Sec.  622.37, revise paragraph (c)(2) to read as follows:


Sec.  622.37   Size limits.

* * * * *
    (c) * * *
    (2) Hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida--14 inches (40.6 cm), fork length. See Sec.  
622.185(c)(3)(ii) for the hogfish size limit in the Gulf EEZ south of 
25[deg]09' N. lat. off the west coast of Florida.
* * * * *

0
8. In Sec.  622.38, revise paragraph (b)(7) to read as follows:


Sec.  622.38   Bag and possession limits.

* * * * *
    (b) * * *
    (7) Hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida--5. See Sec.  622.187(b)(3)(ii) for the 
hogfish bag and possession limits in the Gulf EEZ south of 25[deg]09' 
N. lat. off the west coast of Florida.
* * * * *

0
9. In Sec.  622.41, revise paragraph (p) 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. For the 2016 through 2018 fishing years, the stock 
ACL for hogfish in the Gulf EEZ except south of 25[deg]09' N. lat. off 
the west coast of Florida is 219,000 lb (99,337 kg), round weight. For 
the 2019 and subsequent fishing years, the stock ACL for hogfish in the 
Gulf EEZ except south of 25[deg]09' N. lat. off the west coast of 
Florida is 159,300 lb (72,257 kg), round weight. See Sec.  
622.193(u)(2) for the ACLs, ACT, and AMs for hogfish in the Gulf EEZ 
south of 25[deg]09' N. lat. off the west coast of Florida.
* * * * *

0
10. In Sec.  622.43, add paragraph (c) to read as follows:


Sec.  622.43   Commercial trip limits.

* * * * *
    (c) Hogfish in the Gulf EEZ south of 25[deg]09' N. lat. off the 
west coast of Florida--see Sec.  622.191(a)(12)(ii) for the commercial 
trip limit.

[FR Doc. 2017-15590 Filed 7-24-17; 8:45 am]
BILLING CODE 3510-22-P