[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]
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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.
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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]
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