[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)]
[Proposed Rules]
[Pages 55074-55077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170816768-7768-01]
RIN 0648-BH14


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater 
Amberjack Allowable Harvest and Rebuilding Plan

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in a 
framework action to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of 
Mexico Fishery Management Council (Council). If implemented, this 
proposed rule would revise the commercial and recreational annual catch 
limits (ACLs) and annual catch targets (ACTs), and modify the 
recreational fixed closed season for greater amberjack in the Gulf of 
Mexico (Gulf) exclusive economic zone. The purpose of this proposed 
rule and the framework action is to adjust the rebuilding time period, 
to revise the sector ACLs and ACTs, and to incorporate updated stock 
status information to end overfishing and rebuild the greater amberjack 
stock in the Gulf.

DATES: Written comments must be received on or before December 5, 2017.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2017-0116'' by any 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-2017-0116, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kelli O'Donnell, 
Southeast Regional Office, NMFS, 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), 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 framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act (RFA) analysis may be obtained from the Southeast 
Regional Office Web site at
    http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/GAJ_Framework/gaj_framework.pdf.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
greater amberjack, is managed under the FMP. The Council prepared the 
FMP and NMFS implements the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Steven Act) 
through regulations at 50 CFR part 622.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the optimum yield from federally managed fish stocks 
to ensure that fishery resources are managed for the greatest overall 
benefit to the nation.
    The greater amberjack resource in the Gulf was declared overfished 
by NMFS on February 9, 2001. Secretarial Amendment 2 established a 
greater amberjack rebuilding plan which started in 2003 and ended in 
2012 (68 FR 39898; July 3, 2003). In 2006, a Southeast Data Assessment 
and Review (SEDAR) benchmark stock assessment (SEDAR 9) was completed 
for greater amberjack and was subsequently updated in 2010 (SEDAR 9 
Update). In response to results from SEDAR 9 that showed the stock 
continued to be overfished and undergoing overfishing, the rebuilding 
plan was revised in Amendment 30A to the FMP (73 FR 38139; July 3, 
2008). Results from the SEDAR 9 Update showed the stock continued to be 
overfished and undergoing overfishing, thereby necessitating further 
adjustment of the greater amberjack rebuilding plan, implemented in 
Amendment 35 to the FMP (77 FR 67574; December 13, 2012). However, 
after the time period for rebuilding the stock that was put in effect 
through the final rule for Secretarial Amendment 2 ended in 2012, NMFS 
determined in a 2014 stock assessment (SEDAR 33) that the stock was not 
rebuilt, and remained overfished and was undergoing overfishing. In 
response to the results of SEDAR 33, the rebuilding plan was revised 
and the catch levels were reduced in a 2015 framework action (80 FR 
75432; December 2, 2015). The current rebuilding time period, 
established by the 2015 framework action, ends in 2019.
    A 2016 update to SEDAR 33 (SEDAR 33 Update) indicated the Gulf 
greater amberjack stock remained overfished and was undergoing 
overfishing, and would not rebuild by 2019, as previously estimated. 
The Council's Scientific and Statistical Committee (SSC) reviewed this 
assessment at their March 2017 meeting and provided the Council new 
overfishing limits (OFL) and acceptable biological catches (ABC) for a 
period of 3 years beginning in 2018. The ABCs recommended by the 
Council's SSC are: 1,182,000 lb (536,146 kg) for 2018; 1,489,000 lb 
(675,399 kg) for 2019; and 1,794,000 lb (813,744 kg) for 2020. All 
weights described in this proposed rule are in pounds round weight. 
Constraining catch to the ABC (equivalent to 75 percent of the maximum 
fishing mortality threshold) is expected to end overfishing and rebuild 
the stock by 2027.
    In May 2017, pursuant to paragraph (7) of section 304(e) of the 
Magnuson-Stevens Act (16 U.S.C. 1854(e)), NMFS notified the Council of 
the 2016 SEDAR 33 Update results that indicated that the greater 
amberjack stock continued to be overfished and undergoing overfishing. 
Following that notification, the Council was required under section 
304(e)(3) of the Magnuson-Stevens Act to prepare regulations within 2 
years to end overfishing immediately and rebuild the greater amberjack 
stock.
    The Council decided to set the stock ACL equal to the SSC's ABC 
recommendation for 2018 through 2020, keeping the stock ACL for 2020 in 
effect for subsequent years unless changed. The Council did not 
consider any change to the allocation of the stock

[[Page 55075]]

ACL, which is 72 percent to the recreational sector and 27 percent to 
the commercial sector. To account for management uncertainty, the 
Council applied the ACL/ACT control rule from the Generic Annual Catch 
Limits/Accountability Measures Amendment (76 FR 82044; December 29, 
2011)(using landings from 2013 through 2016) and established a 13 
percent buffer between the commercial ACL and ACT and a 17 percent 
buffer between the recreational ACL and ACT. The revised sector ACLs 
and ACTs are expected to rebuild the stock by 2027. The Council also 
considered alternatives that would have set the stock ACL equal to the 
lowest ABC recommended by the SSC (constant catch ACL), rebuilding the 
stock by 2024, or set the stock ACL at zero, rebuilding the stock by 
2022. However, because the constant catch ACL and zero ACL alternatives 
would have greater negative socio-economic impacts on fishing 
communities for relatively minor biological benefits, the Council 
determined that the 10-year rebuilding time period that ends in 2027 
was as short as possible, taking into account the status and biology of 
the stock and the needs of the associated fishing communities.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the commercial and recreational 
ACLs and ACTs (which are expressed as quotas in the regulatory text), 
and would revise the recreational fixed closed season for greater 
amberjack in the Gulf.

Commercial and Recreational ACLs and ACTs

    The current commercial ACL is 464,400 lb (210,648 kg) and the 
commercial ACT is 394,740 lb (179,051 kg). The current recreational ACL 
is 1,255,600 lb (569,530 kg) and the recreational ACT is 1,092,372 lb 
(495,492 kg).
    This proposed rule would revise the commercial and recreational 
ACLs and ACTs for Gulf greater amberjack based on the results of the 
SEDAR 33 Update and the ABC recommendations from the Council's SSC. 
This proposed rule would set the commercial ACL at 319,140 lb (144,759 
kg) for 2018, 402,030 lb (182,357 kg) for 2019, and 484,380 lb (219,711 
kg) for 2020 and subsequent years. The commercial ACT would be set at 
277,651 lb (125,940 kg) for 2018, 349,766 lb (158,651 kg) for 2019, and 
421,411 lb (191,148 kg) for 2020 and subsequent years. The recreational 
ACL would be set at 862,860 lb (391,386 kg) for 2018, 1,086,970 lb 
(493,041 kg) for 2019, and 1,309,620 lb (594,033 kg) for 2020 and 
subsequent years. The recreational ACT would be set at 716,173 lb 
(354,850 kg) for 2018, 902,185 lb (409,223 kg) for 2019, and 1,086,985 
lb (493,047 kg) for 2020 and subsequent years.

Recreational Fixed Closed Season

    This proposed rule would revise the greater amberjack recreational 
fixed closed season from June 1 through July 31, which was established 
in the final rule for Amendment 35 to the FMP (77 FR 67574; November 
13, 2012). This closed season was implemented to restrict harvest 
during times of peak fishing effort in order to prevent a recreational 
in-season quota closure, and thus effectively provide a longer fishing 
season for the recreational sector. The June 1 through July 31 greater 
amberjack recreational fixed closed season also was intended to allow 
for the harvest of one highly targeted species (red snapper) when the 
fishing season for the other species (greater amberjack) was closed. 
However, in-season closures of the greater amberjack have continued to 
occur, and the reduction of the recreational red snapper season, which 
opens on June 1 each year, has resulted in closures for both of these 
species simultaneously. This proposed rule would change the 
recreational fixed closed season for greater amberjack to January 1 
through June 30. The Council determined that extending the length of 
the recreational fixed closed season to the six-month period of January 
1 through June 30 would protect greater amberjack during peak spawning 
in the majority of the Gulf (March through April), thereby contributing 
to rebuilding the greater amberjack stock. The Council also determined 
that this proposed 6-month fixed closed season would reduce the 
likelihood that the recreational sector would exceed its ACL. The 
Council intended this new 6-month fixed closed season to be a temporary 
measure to give the Council time to develop and complete a subsequent 
framework action that would allow a spring and fall recreational 
fishing season. At the October 2017 meeting, the Council approved a 
subsequent framework action that would modify the 6-month fixed closed 
season to create two separate fishing seasons: a spring season open 
from May 1 through May 31, and a fall season open from August 1 through 
October 31.

Actions Contained in the Framework Action Not Codified Through This 
Proposed Rule

    In addition to the measures proposed in this rule, the framework 
action would revise the greater amberjack ABC and OFL based upon the 
results of the SEDAR 33 Update and the Council's SSC recommendations. 
The current greater amberjack ABC is 1,720,000 lb (780,179 kg), and the 
current OFL is 3,420,000 lb (1,551,286 kg), which were established in 
the final rule implementing the 2015 framework action (80 FR 75432; 
December 2, 2015). This framework action would revise the ABC and OFL 
for 3 years, beginning in 2018. The ABC, which is equal to the stock 
ACL, would be set at 1,182,000 lb (536,146 kg) for 2018, 1,489,000 lb 
(675,399 kg) for 2019, and 1,794,000 lb (813,744 kg) for 2020 and 
subsequent years. The OFL would be set at 1,500,000 lb (680,388 kg) for 
2018; 1,836,000 lb (832,795 kg) for 2019; and 2,167,000 lb (982,934 kg) 
for 2020 and subsequent years.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the framework action, 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.
    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, if implemented, would be expected to directly 
affect all

[[Page 55076]]

federally permitted commercial reef fish vessels that harvest Gulf 
greater amberjack under the FMP. Changing recreational ACLs and ACTs 
and modifying the fixed seasonal closure in this proposed rule would 
not directly affect charter vessel and headboat (for-hire) businesses. 
Any impact to the profitability or competitiveness of for-hire fishing 
businesses would be the result of changes in for-hire angler demand 
and, therefore, would be indirect in nature. The RFA does not consider 
recreational anglers, who would be directly affected by this proposed 
rule, to be small entities, so they are outside the scope of this 
analysis. Thus, only the effects on commercial vessels were analyzed. 
For RFA purposes only, 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 
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 affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    As of October 2, 2017, there were 841 vessels with valid or 
renewable Federal Gulf reef fish commercial vessel permits. From 2010 
through 2015, an average of 185 federally permitted commercial reef 
fish vessels per year landed greater amberjack in the Gulf (Federal and 
state waters). These vessels, combined, averaged 522 trips per year in 
the Gulf on which greater amberjack were landed, and 2,935 other trips 
in the Gulf on which no greater amberjack were landed or trips that 
occurred in the South Atlantic. The average annual total dockside 
revenue (2015 dollars) was approximately $0.54 million from greater 
amberjack, approximately $4.44 million from other species co-harvested 
with greater amberjack (on the same trips), and approximately $26.75 
million from other trips by these vessels in the Gulf on which no 
greater amberjack were harvested or on trips that occurred in the South 
Atlantic. Total average annual revenue from all species harvested by 
vessels harvesting greater amberjack in the Gulf was approximately 
$31.74 million, or approximately $171,971 per vessel. These vessels 
generated approximately 1.7 percent of their total fishing revenues 
from greater amberjack. Based on the foregoing revenue information, all 
commercial vessels affected by the proposed rule are assumed to be 
small entities.
    Because all entities expected to be directly affected by this 
proposed rule are assumed to be 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.
    Modifying the greater amberjack ACLs and ACTs starting in 2018 is 
projected to rebuild the stock by 2027. The revisions to the sector 
ACLs and ACTs would result in total ex-vessel revenue reductions of 
approximately $161,000 in 2018 and $62,000 in 2019. Beginning in 2020, 
total ex-vessel revenues would increase annually by approximately 
$36,000. Over the entire rebuilding period (2018-2027), total ex-vessel 
revenues would increase by approximately $70,000 for all vessels 
combined, or $378 per vessel. It is possible that some vessels may 
experience profit reductions, particularly in the first two years of 
the rebuilding period, but on average, the profit reductions would be 
relatively small because ex-vessel revenues from greater amberjack 
account for only 1.7 percent of total ex-vessel revenues for an average 
vessel. More economic benefits, such as higher ex-vessel revenues, may 
be expected after the stock is rebuilt in 2027 when less stringent 
measures, such as higher ACLs/ACTs, could be established.
    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, Greater amberjack, Gulf, 
Recreational, Reef fish.

    Dated: November 14, 2017.
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 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.  622.34, revise paragraph (c) to read as follows:


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

* * * * *
    (c) Seasonal closure of the recreational sector for greater 
amberjack. The recreational sector for greater amberjack in or from the 
Gulf EEZ is closed from January 1 through June 30, each year. During 
the closure, the bag and possession limit for greater amberjack in or 
from the Gulf EEZ is zero.
* * * * *
0
3. In Sec.  622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read 
as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Greater amberjack--(A) For fishing year 2018--277,651 lb 
(125,940.38 kg), round weight.
    (B) For fishing year 2019--349,766 lb (158,651 kg), round weight.
    (C) For fishing year 2020 and subsequent years--421,411 lb (191,149 
kg), round weight.
* * * * *
    (2) * * *
    (ii) Recreational quota for greater amberjack. The recreational 
quota for greater amberjack, in round weight, is 716,173 lb (324,851 
kg), for 2018, 902,185 lb (409,224 kg), for 2019, 1,086,985 lb (493,048 
kg), for 2020 and subsequent fishing years.
* * * * *
0
4. In Sec.  622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to 
read as follows:


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

    (a) * * *
    (1) * * *
    (iii) The commercial ACL for greater amberjack, in round weight, is 
319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019, 
and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years.
    (2) * * *
    (iii) The recreational ACL for greater amberjack, in round weight, 
is 862,860 lb (391,387 kg), for 2018, 1,086,970 lb (493,041 kg), for 
2019, and 1,309,620 lb

[[Page 55077]]

(594,034 kg), for 2020 and subsequent fishing years.
* * * * *
[FR Doc. 2017-25050 Filed 11-17-17; 8:45 am]
 BILLING CODE 3510-22-P