Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29041 

incentive to contactors as the NFS 

Shared Savings clause. 

NASA does not anticipate opposition 

to the changes or significant adverse 

comments. However, if the Agency 

receives significant adverse comment, it 

will withdraw this final rule by 

publishing a document in the Federal 

Register. A significant adverse comment 

is one that explains: (1) Why the final 

rule is inappropriate, including 

challenges to the rule’s underlying 

premise or approach; or (2) why the 

final rule will be ineffective or 

unacceptable without change. In 

determining whether a comment 

necessitates withdrawal of this final 

rule, NASA will consider whether it 

warrants a substantive response in a 

notice and comment process. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

Publication of proposed regulations, 

41 U.S.C. 1707, is the statute which 

applies to the publication of the Federal 

Acquisition Regulation (FAR). 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment 

because it makes nonsubstantive 

changes to Agency regulations that has 

minimal impact on contractors or 

offerors as there are value engineering 

proposal clauses prescribed in FAR part 

48 that may be utilized in lieu of the 

NFS clause. The rule merely removes 

from the NFS policy and an associated 

clause that is outdated and redundant to 

policy that is already provided for in the 

FAR. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Executive Order 13371 

This rule is not subject to Executive 

Order (E.O.) 13771, Reducing 

Regulation and Controlling Regulatory 

Costs, because this rule is not a 

significant regulatory action under E.O. 

12866. 

V. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

NFS revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 and 

therefore does not require publication 

for public comment. 

VI. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 1843 

and 1852 

Government procurement. 

Geoffrey Sage, 

NASA FAR Supplement Manager. 

Accordingly, 48 CFR parts 1843 and 

1852 are amended as follows: 

■ 1. The authority citation for parts 

1843 and 1852 continues to read as 

follows: 

Authority: 51 U.S.C. 20113(a) and 48 CFR 

chapter 1. 

PART 1843—CONTRACT 

MODIFICATIONS 

Subpart 1843.71 [Removed] 

■ 2. Remove subpart 1843.71, consisting 

of sections 1843.7101 and 1843.7102. 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

1852.243–71 [Removed and Reserved] 

■ 3. Remove and reserve 1852.243–71. 

[FR Doc. 2018–13463 Filed 6–21–18; 8:45 am] 

BILLING CODE 7510–13–P 

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: 

Rich.Malinowski@noaa.gov. 

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 MagnusonVerDate Sep<11>2014 16:09 Jun 21, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1

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29042 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

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 forhire 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 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 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 coharvested 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 noaction 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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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


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29044 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

■ 2. In § 622.37, revise paragraphs (a)(5) 

and (b)(1) to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(a) * * * 

(5) Mutton snapper—18 inches (45.7 

cm), TL. 

(b) * * * 

(1) Gag—24 inches (61.0 cm), TL. 

* * * * * 

■ 3. In § 622.38, revise paragraph (b)(4) 

to read as follows: 

§ 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. 

* * * * * 

■ 4. In § 622.41, revise the last sentence 

of paragraph (o) to read as follows: 

§ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170630611–8525–02] 

RIN 0648–BH01 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Spiny 

Lobster Fishery of the Gulf of Mexico 

and South Atlantic Regions; 

Regulatory Amendment 4 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

management measures described in 

Regulatory Amendment 4 to the Fishery 

Management Plan for Spiny Lobster in 

the Gulf of Mexico (Gulf) and South 

Atlantic (FMP), as prepared and 

submitted by the Gulf and South 

Atlantic Fishery Management Councils 

(Councils). This final rule increases the 

annual catch limit (ACL) for spiny 

lobster based on updated landings 

information and revised scientific 

recommendations. This final rule also 

prohibits the use of traps for 

recreational harvest of spiny lobster in 

the South Atlantic exclusive economic 

zone (EEZ) off Georgia, South Carolina, 

and North Carolina. The purposes of 

this final rule are to ensure catch levels 

for spiny lobster are based on the best 

scientific information available, to 

prevent overfishing, and to minimize 

potential negative effects of traps on 

habitat and protected species 

interactions in the South Atlantic EEZ. 

DATES: This final rule is effective on July 

23, 2018. 

ADDRESSES: Electronic copies of 

Regulatory Amendment 4, which 

includes an environmental assessment 

and a regulatory flexibility analysis, and 

a regulatory impact review, may be 

obtained from the Southeast Regional 

Office website at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/gulf_sa/spiny_lobster/A4_

lobster_acl/a4_lobster_acl_index.html. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The spiny 

lobster fishery of the Gulf and the South 

Atlantic is managed under the FMP. The 

FMP was prepared by the Councils and 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) (16 U.S.C. 1801 

et seq.). 

On February 2, 2018, NMFS 

published a proposed rule for 

Regulatory Amendment 4 in the Federal 

Register and requested public comment 

(83 FR 4890). Regulatory Amendment 4 

and the proposed rule outline the 

rationale for the actions contained in 

this final rule. A summary of the 

management measures described in 

Regulatory Amendment 4 and 

implemented by this final rule is 

provided below. 

Management Measures Contained in 

This Final Rule 

This final rule modifies the stock ACL 

and annual catch target (ACT) for spiny 

lobster and prohibits the use of traps for 

the recreational harvest of spiny lobster 

in the South Atlantic EEZ. 

Stock ACL and ACT 

This final rule revises the stock ACL 

and ACT based on the new acceptable 

biological catch (ABC) recommendation 

provided by the Councils’ Scientific and 

Statistical Committees (SSCs). This final 

rule sets the ACL equal to the 

recommended ABC of 9.60 million lb 

(4.35 million kg), which is based on the 

mean landings from the years 1991/ 

1992–2015/2016 plus 1.5 standard 

deviations. This final rule sets the ACT 

at 8.64 million lb (3.92 million kg), 

which is 90 percent of the ACL. As 

established in Amendment 10 to the 

FMP (Amendment 10), the optimum 

yield (OY) equals the ACT. NMFS does 

not expect the increase in the ACT and 

ACL to result in negative biological 

effects on the stock because current 

fishing effort is limited by several 

variables. These variables include the 

number of trap tags issued by the state 

of Florida, commercial and recreational 

bag and possession limits in the Gulf 

and South Atlantic EEZ, and the 

duration of the fishing season, which 

varies depending on the area where 

spiny lobsters are harvested. 

Recreational Harvest of Spiny Lobster 

Using Traps in the South Atlantic EEZ 

This final rule prohibits the use of 

traps for recreational harvest of spiny 

lobster in all of the South Atlantic EEZ. 

The Councils are concerned that using 

these traps for recreational harvest may 

become more popular and result in 

potential negative impacts on essential 

fish habitat and an increase in the use 

of vertical lines that may interact with 

protected species, for example, by 

creating entanglement issues, 

continuing to fish after a trap is lost, or 

creating bycatch. 

Measures in Regulatory Amendment 4 

Not Codified Through This Final Rule 

As established in Amendment 10, the 

maximum sustainable yield (MSY) 

proxy and maximum fishing mortality 

threshold (MFMT) are equal to the OFL, 

which was set at 7.9 million lb (3.58 

million kg). Consistent with 

Amendment 10, Regulatory Amendment 

4 would modify the MSY proxy and 

MFMT values, so that they are equal to 

the revised OFL of 10.46 million lb (4.74 

million kg). 

Measures in This Final Rule Not 

Included in Regulatory Amendment 4 

In addition to implementing the 

measures associated with Regulatory 

Amendment 4, this final rule corrects 

regulatory language that was mistakenly 

included in the final rule implementing 

Amendment 10. This final rule changes 

50 CFR 622.407(c) to remove the phrase 

‘‘whichever is greater’’ and the first 

occurrence of a duplicative sentence. 

This final rule also makes a minor 


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