[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22210-22212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170720688-8385-02]
RIN 0648-BH07


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Management 
Measures; Amendment 47

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

ACTION: Final rule.

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SUMMARY: NMFS hereby issues regulations to implement management 
measures described in Amendment 47 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) (Amendment 47). 
This final rule revises the stock annual catch limit (ACL) for 
vermilion snapper. Additionally, Amendment 47 establishes a proxy for 
the estimate of the stock maximum sustainable yield (MSY). The purpose 
of this final rule is to revise the stock ACL for vermilion snapper in 
the Gulf of Mexico (Gulf) consistent with the most recent stock 
assessment.

DATES: This final rule is effective June 13, 2018.

ADDRESSES: Electronic copies of Amendment 47, which includes an 
environmental assessment, a fishery impact statement, a Regulatory 
Flexibility Act (RFA) analysis, and a regulatory impact review, may be 
obtained from the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/am47/docs/PDFs/gulf_reef_am47_vermilion_final.pdf.

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

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes vermilion snapper, under the FMP. The 
Council prepared the FMP and NMFS implements the FMP through 
regulations at 50 CFR part 622 under the authority of the Magnuson 
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    On December 19, 2017, NMFS published a notice of availability for 
Amendment 47 and requested public comment (82 FR 60168). On December 
27, 2017, NMFS published a proposed rule for Amendment 47 and requested 
public comment (82 FR 61241). The proposed rule and Amendment 47 
outline the rationale for the actions contained in this final rule. 
Unless noted, all weights described in this final rule are in round 
weight. A summary of the management measure described in Amendment 47 
and implemented by this final rule is provided below.
    In 2016, a Southeast Data, Assessment, and Review (SEDAR) standard 
assessment for vermilion snapper was conducted (SEDAR 45) and the stock 
status was evaluated using several MSY proxies. Under all proxies 
evaluated in SEDAR 45, overfishing was not occurring and the stock was 
not overfished. The Council's Scientific and Statistical Committee 
(SSC) determined that the most appropriate proxy for MSY is the yield 
when fishing at a mortality rate corresponding to 30 percent spawning 
potential ratio (F30 SPR).
    SEDAR 45 also included projections for the overfishing limit and 
the acceptable biological catch (ABC). The SSC provided the Council two 
recommendations for ABC: One that is derived from fishing at 75 percent 
of the MSY proxy and results in a declining ABC from 2017 through 2021, 
and one that is derived using the average of 2017-2021 ABCs and results 
in a constant ABC. The two ABC recommendations are equivalent in terms 
of maintaining the stock status and the Council selected the constant 
catch scenario that yielded an ABC of 3.11 million lb (1.41 million 
kg).

Management Measure Contained in This Final Rule

    This final rule revises the stock ACL for Gulf vermilion snapper 
consistent with the results of SEDAR 45 and the SSC's new ABC 
recommendation. The current ACL of 3.42 million lb (1.55 million kg), 
exceeds the ABCs recommended by the Council's SSC. Therefore, the 
Council determined that the ACL for vermilion snapper should be 
decreased to equal the constant catch ABC and this final rule will set 
the stock ACL at 3.11 million lb (1.41 million kg).

Measures in Amendment 47 Not Codified Through This Final Rule

    In addition to the measure implemented through this final rule, 
Amendment 47 establishes a proxy for vermilion snapper MSY.
    For vermilion snapper, the Council's SSC recommended that a proxy 
be used

[[Page 22211]]

for MSY. The Council's SSC recommended F30 SPR as 
the MSY proxy from SEDAR 45, and the Council agreed. Under this proxy, 
the stock is not overfished or undergoing overfishing.

Comments and Responses

    NMFS received 19 comments from individuals on the notice of 
availability and proposed rule for Amendment 47. Some comments 
addressed issues beyond the scope of Amendment 47 or the proposed rule 
and, therefore, are not responded to here. Specific comments related to 
Amendment 47 and the proposed rule are grouped by topic and are 
summarized and responded to below.
    Comment 1: Several commenters stated that the vermilion snapper 
stock ACL should not be reduced. One noted that the vermilion snapper 
stock is not overfished or undergoing overfishing and another stated 
the ACL should not be reduced just because the annual vermilion snapper 
harvest has been less than the current ACL. One commenter expressed 
concern that reducing the ACL would lead the stock to become 
overfished.
    Response: NMFS disagrees that the vermilion snapper stock ACL 
should not be reduced. Regardless of a stock's overfished or 
overfishing status, or its prior landings history, the Council is 
required to set the ACL equal to or less than the ABC recommended by 
the SSC. The current ACL of 3.42 million lb (1.55 million kg) was 
established in 2012 using mean landings during 1999-2008, plus one 
standard deviation (76 FR 82044; December 29, 2011). In 2016, the SEDAR 
45 assessment for vermilion snapper was conducted. Based on the 
assessment results and the recommended MSY proxy, the SSC provided two 
ABC recommendations: An ABC that declined from 3.21 million lb (1.46 
million kg) to 3.03 million lb (1.37 million kg) by 2021, or a constant 
catch ABC of 3.11 million lb (1.41. million kg). Setting the catch 
level consistent with either recommendation is expected to prevent 
overfishing and prevent the stock from becoming overfished. The Council 
chose to set the ACL equal to the constant catch ABC to maintain 
stability for fishery participants while providing the maximum 
allowable harvest.
    Comment 2: Reducing the stock ACL will result in an in-season 
closure for vermilion snapper, or at least, increase the likelihood of 
such a closure.
    Response: The revised stock ACL may increase the likelihood of a 
closure. The current AM for vermilion snapper requires NMFS to close 
the commercial and recreational fishing seasons if the combined 
commercial and recreational landings reach or are projected to reach 
the stock ACL. From 2012 to 2016, annual vermilion snapper landings 
were less than the previous ACL of 3.42 million lb (1.55 million kg), 
with no definitive trend in landings. Preliminary total landings for 
2017 are 3.22 million lb (1.46 million kg). Therefore, if the stock ACL 
of 3.11 million lb (1.41 million kg), implemented in this final rule 
had been effective in 2017, an in-season closure may have occurred in 
December 2017. However, as explained in the response to Comment 1, the 
reduction in the ACL is required as a result of the most recent stock 
assessment results and ABC recommendation from the Council's SSC 
regardless of the possibility of an in-season closure.
    Comment 3: Reducing the ACL could negatively impact small 
businesses in the charter vessel/headboat (for-hire) industry.
    Response: NMFS acknowledges that there is the potential for a 
vermilion snapper closure prior to the end of the fishing year as a 
result of the revised stock ACL, and that such a closure could result 
in some negative impacts on for-hire businesses. However, based on 
landings since 2012, NMFS expects that any closure would occur very 
late in the fishing year. Additionally, vermilion snapper is only one 
species within the reef fishery management unit and, therefore, any 
closure will not impact the ability to harvest the other reef fish 
species targeted on for-hire trips. For these reasons, NMFS does not 
expect this final rule to result in any substantial effects on for-hire 
trips.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that this final rule is consistent with Amendment 47, the FMP, the 
Magnuson-Stevens Act, and other applicable law.
    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 
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 final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. The factual basis for that determination was published 
in the proposed rule.
    One public comment (Comment 3) stated that the charter vessel and 
head boat industry is very important to the Panama City Beach area of 
Florida, and that the action of reducing the ACL could affect many 
small businesses there. The RFA requires evaluating the direct economic 
impacts of a rule on small entities. Only recreational fishers and 
commercial fishing businesses would be directly affected by the rule 
and as explained in the classification summary, anglers (recreational 
fishers) are not considered small entities as that term is defined in 5 
U.S.C. 601(6).
    The determination that this rule would not have a significant 
adverse economic impact on a substantial number of small entities 
relied, in part, on the expectation that landings of vermilion snapper 
would continue to be less than the stock ACL of 3.11 million lb (1.41 
million kg), implemented through this final rule. After publication of 
the proposed rule, preliminary landings of the stock for 2017 were 
released, which exceed the proposed reduced ACL of 3.11 million lb 
(1.41 million kg). Consequently, an updated analysis was performed to 
reassess the economic impacts on small businesses. The updated analysis 
reaffirmed the conclusion that the rule will not have a significant 
adverse economic impact on a substantial number of small entities. Its 
factual basis is as follows.
    Any business that operates a commercial fishing vessel that 
harvests vermilion snapper in the Gulf exclusive economic zone (EEZ) 
must have a valid Federal Gulf commercial reef fish permit that is 
specifically assigned to that vessel. The permit is a limited access 
permit. From 2012 through 2016, an annual average of 347 permitted 
vessels landed vermilion snapper. It is estimated that those vessels 
are operated by 248 to 252 businesses in the commercial fishing 
industry.
    Many businesses with vessels with a Gulf reef fish permit operate 
in multiple industries. For example, 10 percent of the businesses have 
Federal dealer permits indicating they are also in the fish/seafood 
merchant wholesalers (NAICS 424460) industry. Also, approximately 26 
percent of the businesses have at least one vessel with a for-hire Gulf 
reef fish permit, which indicates they also operate in the for-hire 
fishing industry (NAICS 487210).
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is

[[Page 22212]]

commercial fishing. A business primarily involved in commercial fishing 
(NAICS 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 its combined annual receipts are not in 
excess of $11 million for all of its affiliated operations worldwide. 
The average federally permitted vessel that landed vermilion snapper 
from 2012 through 2016 had annual dockside revenue from landings of all 
species that varied by gear from $24,399 to $323.916 (2016 $). Based on 
those averages and the estimates of individual fleet sizes that range 
from one to 16, it is concluded that most to all of the businesses that 
harvest vermilion snapper from the Gulf EEZ are small businesses.
    Amendment 47 will establish an MSY proxy for vermilion snapper and 
that has no direct impact on any small business.
    This final rule will also decrease the stock ACL of vermilion 
snapper. The stock ACL is and has been 3.42 million lb (1.55 million 
kg) since 2012. This final rule decreases the stock ACL to 3.11 million 
lb (1.41 million kg).
    The fishing year for vermilion snapper begins January 1 and ends on 
December 31 each year. If combined commercial and recreational landings 
reach or are projected to reach the stock ACL, the fishing season is 
closed early. Since 2012, when this in-season closure provision was put 
in place, there have been no early closures because combined annual 
commercial and recreational landings have been less than the stock ACL. 
However, 2012 and 2017 landings exceeded 3.11 million lb (1.41 million 
kg).
    Although there is expected to be no early closure, this analysis 
includes consideration for what could be the impact on small businesses 
if the season closed by the middle of December. A mid-December closure 
could reduce vermilion snapper landings by up to 4.5 percent. The 
average vessel from 2012 through 2016 would lose approximately 186 lb 
(84 kg), gutted weight, of vermilion snapper with a dockside value of 
$588 (2016 $) annually. That $588 represents 0.4 percent of annual 
dockside revenue from all species landed by that average vessel. When 
evaluated by gear type, the average annual loss of dockside revenue 
would vary from $6 to $861 per vessel (in 2016 dollars), with the 
largest loss by the average vessel that harvests vermilion snapper 
using bandit gear. The percentage annual loss would range from 0.01 
percent to 0.62 percent of average annual dockside revenue per vessel, 
with the largest loss to vessels using bandit gear.
    From those percentages, it is concluded that there would not be a 
significant adverse economic impact on a substantial number of small 
businesses and, hence, the prior certification still stands.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Recreational, Vermilion 
snapper.

    Dated: May 8, 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 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.  622.41, revise the last sentence of paragraph (j) to read 
as follows:


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

* * * * *
    (j) * * * The stock ACL for vermilion snapper is 3.11 million lb 
(1.41 million kg), round weight.
* * * * *
[FR Doc. 2018-10157 Filed 5-11-18; 8:45 am]
 BILLING CODE 3510-22-P