[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29041-29044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13401]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170627600-8521-02]
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: Final rule.

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

SUMMARY: NMFS issues regulations 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 (Council). This final 
rule revises the mutton snapper commercial and recreational minimum 
size limits, the recreational bag limit, and the stock annual catch 
limit (ACL). In addition, this final rule revises the gag commercial 
minimum size limit. The purposes of this final rule are to reduce 
harvest of mutton snapper to prevent overfishing while also achieving 
optimum yield (OY), and 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: This final rule is effective July 23, 2018.

ADDRESSES: 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 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 the FMP. The FMP was prepared by 
the Council and is implemented by NMFS through regulations at 50 CFR 
part 622 under the authority of the Magnuson-

[[Page 29042]]

Stevens Fishery Conservation and Management Act (Magnuson-Steven Act) 
(16 U.S.C. 1801, et seq.).
    On February 15, 2018, NMFS published a proposed rule for the 
framework action and requested public comment (83 FR 6830). The 
proposed rule and framework action outlined the rationale for the 
actions contained in this final rule. A summary of the management 
measures described in the framework action and implemented by this 
final rule is provided below.

Management Measures Contained in This Final Rule

    For mutton snapper, this final rule revises the stock ACL (given in 
round weight), the commercial and recreational minimum size limits, and 
the recreational bag limit. This final rule also revises the gag 
commercial minimum size limit.

Mutton Snapper Stock ACL

    This final rule sets 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. The ACLs are consistent with the 
current apportionment between the Gulf and South Atlantic and are equal 
to the Gulf's portion of the acceptable biological catch recommended by 
the Council's Scientific and Statistical Committee (SSC).

Mutton Snapper Recreational Bag Limit

    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 EEZ bag limit. NMFS and the Council expect 
consistent mutton snapper recreational bag limits across the Gulf and 
South Atlantic EEZs and Florida state waters to improve regulatory 
compliance and decrease the burden for law enforcement.

Mutton Snapper Minimum Size Limit

    This final rule revises the mutton snapper commercial and 
recreational minimum size limits to 18 inches (45.7 cm), total length 
(TL), in the Gulf EEZ to be consistent with the state of Florida and 
South Atlantic EEZ minimum size limits. As with the change to the 
recreational bag limit, this revision increases regulatory consistency 
to improve compliance and decrease the burden for law enforcement.
    Because more than 95 percent of mutton snapper landings from the 
Gulf are from the commercial sector and 95 percent of the commercially 
landed mutton snapper are larger than 20 inches (50.8 cm), NMFS expects 
little effect on the spawning population and harvest rates as a result 
of this change.

Gag Commercial Minimum Size Limit

    This final rule increases 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 EEZ recreational minimum size limit, as 
well as consistent with the South Atlantic EEZ and state of Florida 
commercial and recreational size limits. Over 98 percent of Gulf 
commercial gag landings come from waters adjacent to Florida and 94.5 
percent of commercially harvested gag in the Gulf waters are at least 
24 inches. Therefore, NMFS and the Council expect increasing the 
commercial minimum size limit to improve compliance and decrease the 
burden for law enforcement by increasing regulatory consistency, but do 
not expect an increase in regulatory discards of gag.

Comments and Responses

    NMFS received three comments related to the proposed rule for the 
framework action. These comments either agreed with the proposed 
changes or suggested additional modifications to management measures 
such as prohibiting commercial harvest of gag or modifying the 
recreational closed seasons, which were beyond the scope of the 
proposed rule. No changes were made to this final rule based on public 
comment.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final rule is consistent with the framework 
action, 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 (E.O.) 12866. This rule is not an Executive 
Order 13771 regulatory action because this rule is not significant 
under E.O. 12866.
    In compliance with section 604 of the Regulatory Flexibility ACT 
(RFA), NMFS prepared a final regulatory flexibility analysis (FRFA) for 
this final rule. The FRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. A description of the final rule, why it is being 
considered, and the objectives of, and legal basis for this final rule 
are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of 
the preamble. 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. 
Accordingly, this final rule does not implicate the Paperwork Reduction 
Act.
    No public comments were received relating to the socio-economic 
implications and potential impacts on small business entities, 
therefore no changes to this final rule were made in response to public 
comments. 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 the framework action 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 commercial 
vessels that harvest Gulf mutton snapper and/or gag under the FMP. 
Changes to ACLs, recreational minimum size limits, or recreational bag 
limits in this framework and final rule will 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 
will be the result of changes in for-hire angler demand and will 
therefore be indirect in nature. The RFA does not consider recreational 
anglers, who will be directly affected by this final 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 April 5, 2018, there were 842 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

[[Page 29043]]

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 final rule may be assumed to be 
small entities.
    Because all entities expected to be directly affected by this final 
rule are assumed to be small entities, NMFS has determined that this 
final rule will 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 final rule modifies the 2018-
2020, and subsequent years', ACLs for the Gulf apportionment of mutton 
snapper; increases the minimum size limit for commercial mutton snapper 
in the Gulf to 18 inches (45.7 cm) TL; and, increases the commercial 
minimum size limit for gag in the Gulf to 24 inches (60.9 cm) TL.
    Modifying the ACLs for mutton snapper will result in ACL reductions 
each year from 2018 through 2020. Vessel revenue reductions 
corresponding to these reduced ACLs will 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 will be 
approximately $1,350 per vessel. This annual revenue loss per vessel 
will 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, affects 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 will 
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 final rule, were considered for 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/annual catch target (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 final 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 final 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 is 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

    Commercial, Fisheries, Fishing, Gag, Gulf of Mexico, Mutton 
snapper, Recreational, Reef fish.

    Dated: June 18, 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, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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


[[Page 29044]]



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. 2018-13401 Filed 6-21-18; 8:45 am]
 BILLING CODE 3510-22-P