[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Proposed Rules]
[Pages 6830-6833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03180]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170627600-8076-01]
RIN 0648-BG99
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Mutton Snapper and Gag
Management Measures
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 (Gulf) Fishery Management Council (Gulf Council). This proposed
rule would revise the mutton snapper commercial and recreational
minimum size limits, the recreational bag limit, and the stock annual
catch limit (ACL). In addition, this proposed rule would revise the gag
commercial minimum size limit. The purpose of this proposed rule is to
reduce harvest of mutton snapper to prevent overfishing while also
achieving optimum yield (OY), and to streamline management measures to
help increase compliance with the fishing regulations for mutton
snapper and gag in the exclusive economic zone (EEZ) of the Gulf off
Florida.
DATES: Written comments must be received by March 17, 2018.
ADDRESSES: You may submit comments on the proposed rule, identified by
``NOAA-NMFS-2017-0082'' by either of the following methods:
Electronic Submission: Submit all electronic comments via
the Federal Rulemaking Portal. Go to www.regulations.gov/NOAA-NMFS-
2017-0082, click the ``Comment Now!'' icon, complete the required
fields, and enter your attached comments.
Mail: Submit all written comments to Rich Malinowski, NMFS
Southeast Regional Office (SERO), 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 required fields if you wish to remain anonymous).
Electronic copies of the framework action, which includes an
environmental assessment, Regulatory Flexibility Act (RFA) analysis,
and a regulatory impact review, may be obtained from
www.regulations.gov or the SERO website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/mutton_gag/mutton_gag_index.html.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS SERO, telephone:
727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes mutton
snapper and gag and is managed under
[[Page 6831]]
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-
Steven Act) (16 U.S.C. 1801, et seq.).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, while also protecting
marine ecosystems. To further attain this goal, the Magnuson-Stevens
Act requires fishery managers to consider, among other things,
efficiency in the utilization of fishery resources.
In the Gulf and South Atlantic, mutton snapper are harvested by
both commercial and recreational fishers, and landings come
predominantly from waters adjacent to Florida. In the Gulf, 68 percent
of recreational landings come from Florida state waters, but only 2
percent of the commercial landings come from Florida state waters.
Mutton snapper are managed separately by the Gulf Council and the
South Atlantic Fishery Management Council (South Atlantic Council), but
it is a single genetic stock throughout both regions. The stock
acceptable biological catch (ABC) is apportioned 18 percent to the Gulf
and 82 percent to the South Atlantic. The Gulf stock ACL is equal to
the Gulf portion of the ABC and is not allocated between sectors. The
Gulf Council established an annual catch target (ACT) set 14 percent
below the ACL. However, this ACT is not codified and is not used for
management purposes.
The 2015 Southeast Data, Assessment, and Review (SEDAR) 15A Update
determined that the mutton snapper stock is not overfished and not
experiencing overfishing, but that the adult population was smaller
than previously estimated through SEDAR 15A (2008). Therefore, the
SEDAR 15A Update includes lower overfishing limits (OFLs). These OFLs
increase through 2020 but are still well below the OFL included in
SEDAR 15A. The Gulf and South Atlantic Councils' Scientific and
Statistical Committees (SSCs) reviewed the update assessment, agreed
with the stock status determinations, and recommended new stock ABCs
based on the revised stock OFLs produced by the assessment.
Management Measures Contained in This Proposed Rule
For mutton snapper, this proposed rule would revise the stock ACL
(given in round weight), the commercial and recreational minimum size
limits, and the recreational bag limit. This proposed rule would also
revise the gag commercial minimum size limit.
Mutton Snapper Stock ACL
The current stock ACL for mutton snapper is 203,000 lb (92,079 kg),
round weight, and was initially established in 2011 (76 FR 82044;
December 29, 2011). This proposed rule would set the Gulf mutton
snapper stock ACL at 134,424 lb (60,974 kg) for the 2018 fishing year,
139,392 lb (63,227 kg) for the 2019 fishing year, and 143,694 lb
(65,179 kg) for the 2020 fishing year and subsequent fishing years.
These ACLs are based on the ABCs recommended by the SSCs and adopted by
the Gulf Council in the framework action. The ACLs are consistent with
the current apportionment between the Gulf and South Atlantic and are
equal to the Gulf ABCs. The Council did not establish ACTs.
Mutton Snapper Recreational Bag Limit
The recreational bag and possession limit for mutton snapper in the
Gulf EEZ is 10 fish per day within the 10-snapper aggregate
recreational bag limit, as established by Amendment 1 to the FMP (55 FR
2078; January 22, 1990). On January 1, 2017, the Florida Fish and
Wildlife Conservation Commission (FWC) decreased the state's
recreational bag limit from 10 mutton snapper per person per day to 5
mutton snapper per person per day within the 10-snapper aggregate bag
limit. On January 11, 2018, NMFS published a final rule that changes
the recreational bag limit in the South Atlantic EEZ to 5 mutton
snapper per person per day within the 10-snapper aggregate bag limit
(83 FR 1305). This final rule reduces the recreational bag limit
applicable to the Gulf EEZ to 5 mutton snapper per person per day
within the 10-snapper aggregate bag limit to be consistent with the
Florida state bag limit and South Atlantic bag limit. Consistent mutton
snapper recreational bag limits across the Gulf and South Atlantic EEZs
and Florida state waters is expected to improve compliance and decrease
the burden for law enforcement.
During the development of this framework action, the public
expressed concern regarding the impacts of fishing effort on mutton
snapper spawning aggregations in the Florida Keys during the April
through June peak spawning season. This reduction in the recreational
bag limit could reduce impacts to the stock that may occur during the
mutton snapper spawning season.
Mutton Snapper Minimum Size Limit
In the Gulf Federal waters, the commercial and recreational minimum
size limit for mutton snapper is 16 inches (40.6 cm), total length
(TL), as established by Amendment 16B to the FMP (64 FR 57403; October
25, 1999). On August 24, 2017, the FWC increased the mutton snapper
commercial and recreational minimum size limit to 18 inches (45.7 cm),
TL, in Florida state waters. In addition, on January 11, 2018, NMFS
published a final rule to change the mutton snapper commercial and
recreational minimum size limit to 18 inches (45.7 cm), TL, in the
South Atlantic EEZ (83 FR 1305). This rule revises the mutton snapper
commercial and recreational minimum size limits to 18 inches (45.7 cm),
TL, in the Gulf EEZ to be consistent with Florida and South Atlantic
minimum size limits. As with the proposed change to the recreational
bag limit, this change increases regulatory consistency, to improve
compliance and decrease the burden for law enforcement.
Generally, increasing the minimum size limit for a species
increases the age of harvested fish, making it more likely that an
individual reaches sexual maturity before leaving the population and
also slows harvest rates. However, more than 95 percent of mutton
snapper landings from the Gulf are from the commercial sector and 95
percent of the commercial landings are larger than 20 inches (50.8 cm).
Therefore, NMFS expects little effect on the spawning population and
harvest rates as a result of this proposed change.
Gag Commercial Minimum Size Limit
In the Gulf EEZ, the commercial minimum size limit for gag is 22
inches (55.8 cm), TL, and was put into place through Amendment 32 to
the FMP (72 FR 6988; February 10, 2012) to reduce discard mortality of
gag. This proposed rule would increase the Gulf gag commercial minimum
size limit to 24 inches (60.9 cm), TL to make the commercial minimum
size limit consistent with the Gulf recreational minimum size limit as
well as consistent with the South Atlantic and Florida commercial and
recreational size limits.
Over 98 percent of Gulf commercial gag landings come from waters
adjacent to Florida, and a recent analysis of Gulf
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commercial landings from 2013 through 2015 indicates that 94.5 percent
of commercially harvested gag in the Gulf waters are at least 24 inches
(60.9 cm), TL. Therefore, increasing the commercial minimum is expected
to improve compliance and decrease the burden for law enforcement by
increasing regulatory consistency, but it is not expected to increase
regulatory discards of gag.
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.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) for
this proposed rule, as required by section 603 of the RFA, 5 U.S.C.
603. The IRFA describes the economic impact that this proposed rule, if
implemented, would have on small entities. A description of the
proposed rule, why it is being considered, and the objectives of, and
legal basis for this proposed rule are contained at the beginning of
this section in the preamble and in the SUMMARY section of the
preamble. A copy of the full analysis is available from the NMFS (see
ADDRESSES). A summary of the IRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
proposed 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, this proposed rule does not implicate the
Paperwork Reduction Act.
This proposed rule, if implemented, would be expected to directly
affect all commercial vessels that harvest Gulf mutton snapper and/or
gag under the FMP. Changes to recreational ACLs, minimum size limits,
or recreational bag limits in this framework and proposed rule would
not directly apply to or regulate 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 would therefore 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 and 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 July 8, 2017, there were 839 vessels with valid or renewable
Federal Gulf reef fish commercial vessel permits. From 2010 through
2015, an average of 119 vessels per year landed mutton snapper in state
and Federal waters of the Gulf. These vessels, combined, averaged 429
trips per year in the Gulf on which mutton snapper were landed and
1,594 other trips taken in the Gulf on which no mutton snapper were
landed or were taken in the South Atlantic. The average annual total
dockside revenue (2015 dollars) was approximately $0.22 million from
mutton snapper, approximately $4.34 million from other species co-
harvested with mutton snapper (on the same trips), and approximately
$12.10 million from other trips by these vessels in the Gulf on which
no mutton snapper were harvested or occurred in the South Atlantic.
Total average annual revenue from all species harvested by vessels
harvesting mutton snapper in the Gulf was approximately $16.66 million,
or approximately $138,764 per vessel. For the same period, an average
of 375 vessels per year landed gag in the Gulf. These vessels,
combined, averaged 2,936 trips per year in the Gulf on which gag were
landed and 2,416 trips taken either in the Gulf on which gag were not
harvested or trips taken in the South Atlantic. The average annual
total dockside revenue (2015 dollars) for these 375 vessels was
approximately $2.39 million from gag, approximately $25.32 million from
other species co-harvested with gag (on the same trips in the Gulf),
and approximately $17.06 million from the other trips taken by these
vessels. The total average annual revenue from all species harvested by
these 375 vessels was approximately $44.77 million, or approximately
$120,238 per vessel. Based on the foregoing revenue information, all
commercial vessels affected by the proposed rule may be 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.
Relevant to commercial vessels, the proposed rule would modify the
2018-2020, and subsequent years', ACLs for the Gulf apportionment of
mutton snapper; increase the minimum size limit for commercial mutton
snapper in the Gulf to 18 inches (45.7 cm) TL; and, increase the
commercial minimum size limit for gag in the Gulf to 24 inches (60.9
cm) TL.
Modifying the ACLs for mutton snapper would result in ACL
reductions each year from 2018 through 2020. Vessel revenue reductions
corresponding to these reduced ACLs would be approximately $166,000 in
2018, $154,000 in 2019, and $143,000 in 2020, or an annual average of
approximately $160,000 for the four-year period. If distributed equally
among the 119 vessels, average annual revenue loss would be
approximately $1,350 per vessel. This annual revenue loss per vessel
would be approximately 1 percent of average per vessel revenues from
all species.
Increasing the Gulf mutton snapper minimum size limit from 16
inches (40.6 cm), TL, to 18 inches (45.7 cm), TL, would affect
approximately 0.2 percent of commercial landings, or approximately $495
annually in total vessel revenues. This revenue reduction is minimal,
and it is also unlikely to be in addition to the estimated revenue
losses from the reductions in ACLs, because NMFS expects fishermen to
catch the full amount of the ACLs even with an increase in the minimum
size limit for mutton snapper.
Increasing the commercial gag minimum size limit in the Gulf from
22 inches (55.8 cm), TL, to 24 inches (60.9 cm), TL, could potentially
reduce commercial gag landings by 12,207 lb (5,537 kg) annually, or
approximately $61,890 in total vessel revenues. These landings and
revenue loss, however, appear unlikely because gag are managed under an
individual fishing quota (IFQ) program, and IFQ participants would
likely adjust their trip level catch composition throughout the year or
sell a portion of their annual gag allocation to other fishers, rather
than suffer a loss in revenues.
The following discussion analyzes the alternatives that were
considered by the Council, including those that were not selected as
preferred by the Council.
Three alternatives, including the preferred alternative described
in this proposed rule, were considered for
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establishing ACLs for Gulf mutton snapper. The first alternative, the
no-action alternative, would maintain the current economic benefits to
all participants in the mutton snapper component of the reef fish
fishery. This alternative, however, would be inconsistent with the best
scientific information available and would allow more harvest than is
recommended by the SSCs based on the most recent stock assessment.
The second alternative, which is the preferred alternative,
includes two options, one of which is the preferred option. The non-
preferred option would apply the Gulf's ACL/ACT control rule, with the
resultant ACT being 12 percent less than the ACL. Because the ACT is
not currently used for management purposes, the economic effects of
this option would be the same as that of the preferred option.
The third alternative would establish ACLs that would be lower than
the ACLs in the preferred alternative, and thus would be expected to
result in larger revenue losses than the preferred alternative.
Three alternatives, one of which includes the preferred alternative
described in this proposed rule, were considered for modifying the
mutton snapper minimum size limit. The first alternative, the no-action
alternative, would maintain the 16-inch (40.6 cm), TL, minimum size
limit for commercial and recreational mutton snapper, and thus would
not be expected to change the economic benefits from fishing for mutton
snapper. However, this alternative would not achieve one of the stated
goals of changing the minimum size limit, which is to establish
consistent size limit regulations between the Gulf EEZ, the South
Atlantic EEZ, and Florida state waters.
The second alternative would increase the minimum size limit for
commercial and recreational mutton snapper to 20 inches (50.8 cm), TL.
This alternative would be expected to result in larger revenue
reductions to commercial vessels than the preferred alternative.
Two alternatives, including the preferred alternative described in
this proposed rule, were considered for modifying the commercial gag
minimum size limit. The only alternative to the preferred action is the
no-action alternative which would retain the 22-inch (55.8 cm), TL,
minimum size limit for gag. However, this alternative would not
establish consistent size limit regulations between the Gulf EEZ, the
South Atlantic EEZ, and Florida state waters. Furthermore, although the
preferred alternative would be expected to reduce vessel revenues by
approximately $61,890 relative to the no-action alternative, as
previously noted, such revenue reduction is deemed unlikely under an
IFQ program.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gag, Gulf of Mexico, Mutton snapper, South
Atlantic.
Dated: February 12, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.37, revise paragraphs (a)(5) and (b)(1) to read as
follows:
Sec. 622.37 Size limits.
* * * * *
(a) * * *
(5) Mutton snapper--18 inches (45.7 cm), TL.
(b) * * *
(1) Gag--24 inches (61.0 cm), TL.
* * * * *
0
3. In Sec. 622.38, revise paragraph (b)(4) to read as follows:
Sec. 622.38 Bag and possession limits.
* * * * *
(b) * * *
(4) Snappers, combined, excluding red, lane, and vermilion
snapper--10. In addition, within the 10-fish aggregate snapper bag
limit, no more than 5 fish may be mutton snapper.
* * * * *
0
4. In Sec. 622.41, revise the last sentence of paragraph (o) to read
as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(o) * * * The stock ACL for mutton snapper, in round weight, is
134,424 lb (60,974 kg) for 2018, 139,392 lb (63,227 kg) for 2019, and
143,694 lb (65,179 kg) for 2020 and subsequent fishing years.
* * * * *
[FR Doc. 2018-03180 Filed 2-14-18; 8:45 am]
BILLING CODE 3510-22-P