[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44756-44758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20480]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BG77


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

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (South Atlantic 
Council) has submitted Amendment 41 to the Fishery Management Plan 
(FMP) for the Snapper-Grouper Fishery of the South Atlantic Region 
(Snapper-Grouper FMP) for review, approval, and implementation by NMFS. 
Amendment 41 would revise management reference points, annual catch 
limits (ACLs), optimum yield (OY), and management measures for mutton 
snapper in the South Atlantic based on the results of the most recent 
stock assessment. The purpose of Amendment 41 is to ensure that mutton 
snapper is managed based on the best scientific information available 
to achieve OY and to prevent overfishing, while minimizing adverse 
social and economic effects to the extent practicable.

DATES: Written comments on Amendment 41 must be received by November 
27, 2017.

ADDRESSES: You may submit comments on Amendment 41, identified by 
``NOAA-NMFS-2017-0103,'' by either of the following methods:
     Electronic submission: Submit all electronic comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0103, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Mary Vara, 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 required fields if you wish to remain 
anonymous).
    Electronic copies of Amendment 41 may be obtained from 
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 41 includes an environmental assessment, 
regulatory impact review, Regulatory Flexibility Act analysis, and 
fishery impact statement.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires each regional 
fishery management council to submit FMPs or amendments to NMFS for 
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or 
amendment, publish an announcement in the Federal Register notifying 
the public that the FMP or amendment is available for review and 
comment.
    Amendment 41 to the Snapper-Grouper FMP was prepared by the South 
Atlantic Council and, if

[[Page 44757]]

approved, would be implemented by NMFS through regulations at 50 CFR 
part 622 under the authority of the Magnuson-Stevens Act.

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure that 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. To further this goal, the Magnuson-Stevens Act requires 
fishery management councils to minimize bycatch and bycatch mortality 
to the extent practicable.
    Mutton snapper are harvested throughout the Gulf of Mexico (Gulf) 
and South Atlantic, although harvest predominately occurs around the 
Florida Keys. In the South Atlantic, mutton snapper are part of the 
snapper-grouper fishery, and the South Atlantic Council manages this 
fishery under the Snapper-Grouper FMP. In the Gulf, mutton snapper are 
part of the reef fish fishery, and the Gulf of Mexico Fishery 
Management Council (Gulf Council) manages this fishery under the FMP 
for Reef Fish Resources of the Gulf of Mexico. The jurisdictional 
boundary between the South Atlantic and Gulf Councils is specified at 
50 CFR 600.105(c), and is located approximately in the Florida Keys 
(Monroe County, FL). The mutton snapper stock in the Gulf and South 
Atlantic was assessed in 2008 (Southeast Data, Assessment, and Review 
Assessment 15A (SEDAR 15A)), with a single acceptable biological catch 
(ABC) that encompasses both councils' areas of jurisdiction. The South 
Atlantic and Gulf Councils, with the advice of their Scientific and 
Statistical Committees (SSCs), apportioned this total ABC between the 
councils' FMPs based on historical landings. The final rules for the 
South Atlantic Council's Comprehensive ACL Amendment (77 FR 15916, 
March 16, 2012) and the Gulf Council's Generic ACL Amendment (76 FR 
82044, December 29, 2011) allocated the total mutton snapper ABC as 82 
percent in the South Atlantic and 18 percent in the Gulf.
    In 2015, there was an update to SEDAR 15A for the mutton snapper 
stock in the South Atlantic and Gulf using data through 2013 (SEDAR 15A 
Update). The SEDAR 15A Update indicated that in the South Atlantic and 
Gulf, the mutton snapper stock is neither overfished nor undergoing 
overfishing. However, improvements to the modeling approach used in the 
SEDAR 15A Update resulted in smaller population estimates than 
demonstrated in SEDAR 15A. The South Atlantic and Gulf Councils' SSCs 
reviewed the SEDAR 15A Update and recommended a reduction in the 
stock's total ABC. Based on results from the SEDAR 15A Update and 
recommendations from its SSC, the South Atlantic Council is taking 
action through Amendment 41 to revise its management of mutton snapper 
in the South Atlantic. The Gulf Council is also examining management 
alternatives for mutton snapper in the Gulf exclusive economic zone 
(EEZ) through a framework amendment to the FMP for Reef Fish Resources 
of the Gulf of Mexico.

Actions Contained in Amendment 41

    Amendment 41 contains actions to revise management reference 
points, fishing levels, and management measures for mutton snapper in 
the South Atlantic. Unless otherwise noted, all weights of mutton 
snapper are described in round weight.

Maximum Sustainable Yield and Minimum Stock Size Threshold

    Currently, the maximum sustainable yield (MSY) for mutton snapper 
in the South Atlantic equals the yield produced by the fishing 
mortality rate at MSY (FMSY) (where F equals fishing 
mortality that if applied constantly, would achieve MSY under 
equilibrium conditions). The FMSY proxy is 
F30SPR, or the fishing mortality that 
will produce a static spawning per recruit. Amendment 41 would change 
the MSY definition to the yield produced by FMSY or the 
FMSY proxy, with the MSY and FMSY proxy 
recommended by the most recent stock assessment. If this MSY definition 
is implemented, future MSY numerical values could be updated following 
a stock assessment, SSC review and recommendation, and acceptance of 
that recommendation by the South Atlantic Council. Currently, MSY 
numerical values for mutton snapper are not specified because the South 
Atlantic Council did not specify the MSY estimate from SEDAR 15A. Based 
on the SEDAR 15A Update and the new MSY definition, the resulting MSY 
for the mutton snapper stock in the South Atlantic would be 912,500 lb 
(413,903 kg).
    Currently, the minimum stock size threshold (MSST) is equal to the 
spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5, 
whichever is greater (where M equals natural mortality). Amendment 41 
would change the MSST definition to 75 percent of SSBMSY, 
which results in an MSST of 3,486,900 lb (1,581,631 kg). The SEDAR 15A 
Update estimated the natural mortality for mutton snapper at 0.17, and 
the proposed MSST for mutton snapper in Amendment 41 is consistent with 
how the South Atlantic Council has defined MSST for other snapper-
grouper stocks with similarly low natural mortality estimates.

Commercial and Recreational ACLs

    The current total ABC for mutton snapper in the South Atlantic and 
Gulf jurisdictions is 1,130,000 lb (512,559 kg). Based on the South 
Atlantic and Gulf Councils' agreed apportionment of the mutton snapper 
ABC between their FMPs, the current ABC for mutton snapper in the South 
Atlantic is 926,600 lb (420,299 kg), and the South Atlantic Council set 
the ABC equal to the OY and the total ACL. The South Atlantic Council 
then further allocated the total ACL between the commercial sector 
(17.02 percent) and recreational sector (82.98 percent), resulting in 
the commercial ACL of 157,743 lb (71,551 kg) and the recreational ACL 
of 768,857 lb (348,748 kg). Amendment 41 would revise the ABC and the 
commercial and recreational ACLs for mutton snapper in the South 
Atlantic for the 2017 through 2020 and subsequent fishing years, 
consistent with the existing apportionment between the two councils' 
FMPs and the existing sector allocations.
    As described in Amendment 41, the South Atlantic Council's SSC 
recommended that the ABC be specified in numbers of fish, based on 
landing projections from the stock assessment. The South Atlantic 
Council agreed with this recommendation for the ABC, but specified the 
commercial ACL in pounds and the recreational ACL in numbers of fish 
because commercial landings are already tracked in pounds, while 
recreational landings are tracked in numbers of fish. In addition, 
because Amendment 41 would increase the minimum size limit for mutton 
snapper, the South Atlantic Council was concerned that specifying the 
recreational ACL in pounds could increase the risk of exceeding the 
recreational ACL if the method for converting the ACL in numbers to 
pounds does not sufficiently address the change in average weight of 
larger, heavier fish. Therefore, the South Atlantic Council determined 
that there would be a reduced risk of exceeding the recreational ACL 
due to an increase in the minimum size limit if the ABC and 
recreational ACL were specified in numbers of fish. Because the current

[[Page 44758]]

ABC and recreational ACL are specified in pounds, and the new ABC and 
recreational ACL are specified in numbers of fish, Appendix J to 
Amendment 41 includes a detailed account of the methodology used to 
specify the ABC and recreational ACL in numbers of fish. As a reference 
for comparing numbers of fish to pounds of fish, the average weight of 
a recreationally harvested mutton snapper in 2017 is 4.2 lb (1.9 kg) 
per fish.
    Based on results from the SEDAR 15A Update and the SSC's 
recommended ABC, Amendment 41 would decrease the ABC for mutton snapper 
in the South Atlantic to 129,150 fish for the 2017 fishing year, 
134,890 fish for 2018, 138,826 fish for 2019, and 141,614 fish for 2020 
and subsequent fishing years.
    The proposed commercial ACLs for mutton snapper are 100,015 lb 
(45,366 kg) for 2017, 104,231 lb (47,278 kg) for 2018, 107,981 lb 
(48,979 kg) for 2019, and 111,354 lb (50,509 kg) for 2020 and 
subsequent fishing years.
    The proposed recreational ACLs for mutton snapper are 116,127 fish 
for 2017, 121,318 fish for 2018, 124,766 fish for 2019, and 127,115 
fish for 2020 and subsequent fishing years.

Recreational ACTs

    The current recreational ACT for South Atlantic mutton snapper is 
668,906 lb (303,411 kg). Amendment 41 would specify a recreational ACT 
(equal to 85 percent of the recreational ACL) of 98,708 fish for 2017. 
The recreational ACT would increase annually from 2017 through 2020, 
and would remain in effect until modified. The recreational ACT would 
be 103,121 fish for 2018, 106,051 fish for 2019, and 108,048 fish for 
2020 and subsequent fishing years. NMFS notes that the current and 
proposed recreational ACTs are used only for monitoring and do not 
trigger a recreational accountability measure.

Minimum Size Limit

    The current minimum size limit for the commercial and recreational 
sectors of mutton snapper is 16 inches (40.6 cm), total length (TL), 
and Amendment 41 would increase the minimum size limit to 18 inches 
(45.7 cm), TL. Recent scientific information indicates that the size at 
which 50 percent of mutton snapper are sexually mature is 16 inches 
(40.6 cm), TL, for males and 18 inches (45.7 cm), TL, for females. 
Increasing the minimum size limit to 18 inches (45.7 cm), TL, would 
allow more individuals to reach reproductive activity before being 
susceptible to harvest, and is also projected to increase the average 
size and the corresponding average weight of fish harvested.

Spawning Months

    Currently, there is no designated spawning season for mutton 
snapper in the South Atlantic; however, to protect spawning fish, a May 
through June seasonal harvest limitation applies to vessels with a 
Federal commercial permit for South Atlantic snapper-grouper. There are 
no similar management measures in place to constrain recreational 
harvest in May and June. Amendment 41 would designate April through 
June as spawning months, during which certain management measures, such 
as the proposed commercial trip limits, would apply.

Commercial Trip Limits

    Currently, there is no year-round commercial trip limit for mutton 
snapper in the South Atlantic. However, during May and June of each 
year, there is a seasonal harvest limitation (equivalent to a 
commercial trip limit) for the possession of mutton snapper in or from 
the EEZ on board a vessel that has a Federal commercial permit for 
South Atlantic snapper-grouper. During these two months, the commercial 
harvest of mutton snapper is limited to 10 per person per day or 10 per 
person per trip, whichever is more restrictive (50 CFR 622.184(b)).
    Amendment 41 would replace the current seasonal harvest limitation 
for the commercial sector each year in May and June, and would 
implement commercial trip limits for the purposes of maintaining a 
year-round commercial fishing season and reducing harvest on mutton 
snapper spawning aggregations. During the proposed mutton snapper 
spawning months of April through June, Amendment 41 would establish a 
commercial trip limit of five fish per person per day or five fish per 
person per trip, whichever is more restrictive. For the remainder of 
the year (January through March and July through December), Amendment 
41 would establish a 500-lb (227-kg) commercial trip limit.

Recreational Bag Limits

    Currently, mutton snapper is part of the 10 snapper combined 
recreational bag limit in the South Atlantic that applies throughout 
the fishing year (50 CFR 622.187(b)(4)). Through Amendment 41, mutton 
snapper would remain within the 10 snapper combined recreational bag 
limit in the South Atlantic, but a recreational bag limit of 5 mutton 
snapper per person per day would apply within the overall 10 snapper 
combined bag limit, year-round. Amendment 41 would modify the bag and 
possession limits for the purposes of maintaining a year-round 
recreational fishing season, and reducing harvest on mutton snapper 
spawning aggregations.

Proposed Rule for Amendment 41

    A proposed rule that would implement Amendment 41 has been drafted. 
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The South Atlantic Council has submitted Amendment 41 for 
Secretarial review, approval, and implementation. Comments on Amendment 
41 must be received by November 27, 2017. Comments received during the 
respective comment periods, whether specifically directed to Amendment 
41 or the proposed rule, will be considered by NMFS in the decision to 
approve, disapprove, or partially approve Amendment 41. Comments 
received after the comment periods will not be considered by NMFS in 
this decision. All comments received by NMFS on Amendment 41 or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

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

    Dated: September 20, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-20480 Filed 9-25-17; 8:45 am]
 BILLING CODE 3510-22-P